ONLINE ACCESS AGREEMENT & DISCLOSURE
End User License Agreement Terms:
This service is provided to you by Citizens Bank of Americus and powered by a Third Party “Licensor” online and/or mobile banking
technology solution. Section A of these End User Terms is a legal agreement between you and Citizens Bank of Americus. Section B
is a legal agreement between you and the Licensor.
Section A:
This agreement governs your use of the Citizens Bank of Americus Online Banking services. In this agreement, the word “Service”
refers to consumer and business online banking access. The Service is also subject to:
• the General Terms of Use for this website;
• the terms or instructions appearing on a screen when enrolling for, activating, accessing, or using the Service;
• Citizens Bank’s rules, procedures and policies, as amended from time to time, that apply to the Service and any Account
that is eligible to be accessed from this Service;
• the then-current rules and regulations of any funds transfer system or payment system used in connection with an Account;
and
In addition to this Agreement, you may have a separate agreement for each of your Accounts that are eligible to be accessed with
this Service, and those agreements will continue to apply to each of them. If this Agreement conflicts with another agreement, or
another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence,
unless this Agreement specifically states otherwise.
With respect to your Accounts, available transactions may include obtaining balance information, transaction history and other
information. In some instances, balance and transaction history may only reflect activity conducted through the close of the
previous Business Day.
We may occasionally introduce new features to the Service or eliminate features from the Service. When this happens, we will
update our website accordingly.
You agree that you are:
• solely responsible for acquiring and maintaining a computer or any other electronic device and equipment that can handle
and access the Service; and
• responsible for all costs associated with accessing the Service and your Accounts online or through Mobile Banking.
Account Owners:
1. If an Account is owned by more than one person or has more than one Authorized Representative or Agent, each such
person individually has the right to provide us with instructions, make any decision, obtain any information or make any
request associated with the Account(s).
2. If you notify us in writing that an Authorized Representative or Agent is no longer authorized to access the Account(s), only
transactions that you did not want or intend and that were performed after you notify us, and we have a reasonable
opportunity to act on the notice, will be considered unauthorized transactions.
3. For Business Customers Only – We may, at our option, permit you to authorize a Delegate to initiate transfers and/or view
transactions between your Accounts online. If you authorize a Delegate to transact business online, you also agree that for
the purposes of these transactions, the Delegate is an authorized signer, subject to the terms and conditions governing your
Account(s). Also, if you make a person an authorized signer on your Account(s), we may in our discretion, automatically
assign View and Transact authority to that authorized signer for online banking use. You are responsible for ensuring that
each Delegate or Authorized Signer maintains confidentiality of his or her username, password, or other login identification.
Waiver of requirement for two or more signatures:
You agree that any requirement of verifying two or more signatures on any item, such as checks, will not apply to electronic or
telephone transfers, and we will have no liability when making these kinds of transfers without the requisite verification. This means
that any person who is an authorized signer on your Account(s) is authorized by you to individually make electronic or telephone
transfers, even though that person’s authority to transfer or withdraw funds from your account by some other means (i.e. by check)
must be exercised jointly with one or more persons. This provision takes precedence over any conflicting account agreements you
have with us.
Accessing your Account:
To access your Account(s) through our website, you must have a username, password, and the required hardware and software as
described in our “Internet Banking Security” located within the Digital Banking section of our website. You must also comply with
any other security procedures and policies we may establish from time to time.
Subject to the terms of this agreement, you will generally be able to access your Accounts through the website 7 days a week, 24
hours a day. At certain times, the Service may not be available due to system maintenance or circumstances beyond our control.
You agree that access will be granted to all linked accounts where you are the Owner, Joint Owner, or Authorized Signer. Accounts
that are linked together will appear on your Account Summary page on the website without regard to who else may have an
ownership interest in each Account. However, consumer accounts and business accounts will not be linked unless you own all
Accounts.
You further agree that any Stop Payment requests submitted through this Service will be charged the normal Stop Payment fee of
$25.00. When you consent to a stop payment through the Service, you electronically confirm that the information provided is
correct and that you authorize the Bank to place a stop payment based on the details provided by you. A stop payment on a check
is effective for a period of six (6) months.
When enrolled to use the Mobile Banking Service, you may generally access certain Accounts through the mobile browser and receive
certain information through text messaging under this Service, using a handheld device. See Mobile Banking Addendum below for
additional information.
For violation of any agreement associated with your Accounts, we may, at our discretion, terminate or suspend your access to this
Service and will not be required to reinstate or re-activate your access. If you close your Accounts, we will suspend or terminate
your access without prior notice to you. Also, if you do not have any activity for 180 days we will temporarily suspend access, for
your protection. If you do not have any activity for 12 months, your access will be terminated.
Except as otherwise stated on the website or in our agreements with you, a funds transfer completed through this Service before the
transfer cutoff time of 8:00 p.m. EST for regular users and 4:00 p.m. EST for Cash Management users on a Business Day will be
posted to your Account the same day. All transfers completed after the cutoff time on a Business Day or at any time on a day that is
not a Business Day, may be posted on the next Business Day.
Bill Pay:
Citizens Bank of Americus Bill Pay feature allows you to schedule bill payments through the Service. You must be enrolled in the
Service to use Bill Pay. Each user that wants to use Bill Pay must enroll in the Service separately. There are additional fees
associated with the use of the Bill Pay service. Please refer to the Online Banking and Bill Pay link on our website for a list of fees.
International payments cannot be generated using Bill Pay. Contact our Customer Service Representatives if you would like to add
the Bill Pay feature to your Service.
We may use nonaffiliated third parties acting on our behalf to process Bill Pay Payments. Bill Pay third-party processors are required
to adhere to Citizens Bank’s strict standards of security and privacy protection.
MOBILE BANKING AGREEMENT AND DISCLOSURE
ONLINE BANKING ADDENDUM
I. Introduction
the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement").
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.
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.
II. Definitions
As used in this Agreement and Mobile Banking services, the following words have the meanings given below:
"Account(s)" means your eligible Citizens Bank of Americus Checking, Savings, Loans, CDs, Safe Deposit Box information and other
Citizens Bank of Americus products that can be accessed through Mobile Banking.
"Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure
SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text
messaging services. Please consult your wireless plan or provider for details.
"Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
"You" and "Your(s)," mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.
"We," "Us," and "Bank" means Citizens Bank of Americus.
III. Mobile Banking Service
A. Description of Service. Mobile Banking 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. Mobile Banking allows you to access your Citizens Bank of Americus account information, make
payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be
enrolled to use Online Banking and then activate your Device within the Online Banking system. 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. We may
also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be
supportable for all Devices. Citizens Bank of Americus cannot guarantee and is not responsible for the availability of data services
provided by your mobile carrier, such as data outages or "out of range" issues.
B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website.
You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that
you will contact us directly if you have any problems with Mobile Banking. We may modify the Service 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 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 the Service or your Device.
C. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing
agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this
Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees,
limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed
on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for
all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and
services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and
Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include
transaction limitations and fees which might apply to your use of Mobile Banking.
IV. Permitted Mobile Banking Transfers
You may use the Service to transfer funds between your eligible Citizens Bank of Americus Accounts ("Internal Transfer").
If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an
immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 8:00 p.m. EST on business days and all
transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, may be processed
on the Bank's next business day.
You must have sufficient funds available in the selected account at the time the transfer request is received, including any available
overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer
and unless your overdraft protection is provided via an Overdraft Line of Credit (CPAC), you agree to cover any overdraft amount
plus any applicable fees.
Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions
permitted each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures. You may be subject
to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods
outlined in your Deposit Account Agreement and Disclosures.
We may also limit the type, frequency and dollar amount of transfers for security purposes and may change or impose the limits
without notice, at our option.
You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred
funds.
V. Your Responsibilities
You represent and agree to the following by enrolling in Mobile Banking or by using the Service:
A. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial
information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection
with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose
of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account
information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile
Banking.
B. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions
when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off
immediately at the completion of each access by you. You agree not to provide your username, password or other access information
to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile
Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You
agree not to use any personally identifiable information when creating shortcuts to your Account.
We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States.
Accessing Mobile Banking from locations outside of the United States is at your own risk.
C. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way
that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy,
including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to,
use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but
not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d)
be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in
part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile
Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to
gain unauthorized entry or access to the computer systems of others.
D. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to
access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute
access to Mobile Banking.
E. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold
harmless Citizens Bank of Americus 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 (a) a third-party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on
information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c)
your use, or use by a third party, of Mobile Banking.
Consent to electronic communications:
As part of your enrollment in the Service, you have agreed that any and all disclosures and communications from us regarding your
Account, or this Agreement may be made electronically in accordance with the notice provisions of this Agreement.
Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”) Disclosure and Consent carefully and
keep a copy for your records. You can record your consent to the E-SIGN disclosure by placing a checkmark in the box on the
webpage. By checking the boxes on the website, you consent to the electronic delivery of the disclosures, agreements, change
notices, terms and conditions and any other documents. You also agree that we do not need to provide you with additional paper
(non-electronic) copies of the disclosures, agreements, change notices, terms and conditions and any other documents, unless
specifically requested.
Electronic Delivery of Disclosures and Notices
In order to use the Online Banking Service and to access, receive and retain the disclosures, agreements, change notices, terms and
conditions and any other documents you must provide, at your own expense, an Internet connected device that is compatible with
this financial institution’s Online Banking Service deployed at the time of access. Your device must meet the minimum requirements
outlined below. If you do not want to receive the disclosures, agreements, change notices, terms and conditions and any other
documents electronically, you should exit this area of our website. If you do not consent to receiving these documents electronically,
you will not be able to access the Service.
System Requirements to Access Information
To receive an electronic copy of the disclosures, agreements, change notices, terms and conditions and any other documents you
must have the following equipment and software:
-A personal computer or another device which is capable of accessing the Internet. Your access to this page verifies that your
system/device meets these requirements.
-An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires an up-to-date web
browser version of either Microsoft® Internet Explorer & Edge, Firefox, Safari or Google Chrome and your system or device must
have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets
these requirements.
How to Update Your Records
It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to
this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update this
information (such as your e-mail address) by visiting our website www.cbkamericus.com and clicking on the Options tab, or by
clicking on the “Contact Us” email link, or by contacting our Customer Service Representatives during normal business hours at 229-
924-4011.
Section B:
DIGITAL BANKING TERMS OF USE Jack Henry & Associates, Inc. ("JH", “our”, "we" or "us") is the primary service provider for this online banking platform and mobile device application (the “App”) (collectively the “Service”). JH is not the provider of any financial services available to you through the Service, and JH is not responsible for any of the materials, information, or services made available to you through the Service.
By enrolling in or using the Service to access your account at your financial institution (the “Account”), you consent to these terms of use (the "Terms"), which are subject to periodic updates. The Terms are between JH and you, the end user. You agree that JH may notify you of any changes to the Terms through a communication or message through the Service, which will amend and replace the Terms upon your electronic acceptance.
If you are using the Service on behalf of a company or other organization, such company or organization will also be considered a party to the Terms, and you represent and warrant that you have the authority to bind such company or organization to the Terms.
THE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.
1. Account Information.
a. Source of Information. At your request, the Service will retrieve information from your financial institution, including transaction-related information ("Account Information"). By submitting such information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service.
b. Accuracy. You are responsible for providing JH with accurate and updated (as necessary) account numbers, usernames, passwords, PINs, and other log-in related information ("Registration Information") so that the Service may access your Account Information. JH will not be liable for any typographical, keystroke, or other error made by you, including any error caused by "pre-filling" or automated entry done on your behalf on a device.
c. Confidentiality. If you use the Service, you are responsible for (i) maintaining the confidentiality of your Account and Registration Information; and (ii) restricting access to your Account on your device. You agree to accept responsibility for all activities that occur under your Account or password.
2. Application of Privacy Laws.
a. Scope of the Service. JH acts as a processor or service provider, as such terms are defined under applicable privacy laws, to your financial institution which is the controller of your personal information and is primarily responsible for handling requests related to your personal information. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your personal information by the third party. If you are a business subscriber of the Service, business-to-business exceptions in certain privacy laws may apply to your information.
b. Your Rights. Under applicable privacy laws, you may have certain rights such as the right to access your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services, including such information that may be gathered through the Service, such as Account Information and Registration Information. Please see your financial institution's privacy policy if you wish to make any requests under these rights.
c. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such use is governed by its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service.
3. Rights you Grant to JH.
a. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including passwords, Account Information, and Registration Information; and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals, to provide the Service, facilitate the provision of software updates, product support, product enhancements, and other services (if any) related to the Service. JH may use this information, if it is anonymized, to enhance its offerings, improve its products, or develop new or additional services or technologies.
b. Chat Feature. When using the Service, you may choose to use a chat feature to communicate with a support representative at your financial institution. These chat sessions are recorded, and the recordings may be used as described herein. BY ACCESSING OR USING THE CHAT FEATURE IN THE SERVICE, YOU AFFIRMATIVELY CONSENT TO THE RECORDING OF THE CHAT SESSION TRANSCRIPT BY JH AND TO THE USE OF JH’S INTERNAL COOKIES FOR ANALYTIC PURPOSES. CHAT SESSION TRANSCRIPTS MAY BE SHARED WITH JH'S SERVICE PROVIDERS BUT USED SOLELY FOR THE PURPOSES OF PROVIDING OUR SERVICES. If enabled by your financial institution, the chat feature may be supported by artificial intelligence technology.
c. Third-party Sites. When you use the "Add Accounts" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account will be directly connected to your designated third-party site. JH will submit information, including usernames and passwords that you provide to log you into the third-party site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service.
d. Unauthorized access or use. You will immediately notify your financial institution of any breach of security or unauthorized use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion.
4. Location-based Data, Telephone Information and Camera. You understand that when you enable and use any location-based feature, your geographic location and other device information is accessible by the Service. If you disable location-based services, features on the Service that use your location may not work until you re-enable location-based services. If you grant permission for the Service to access a camera, photos, media or other files on your device, you are agreeing to allow JH to use your information to fulfill your requested action, such as adding an image to a transaction, capturing images of a check that is being deposited, attaching a document to a chat in the chat feature, or adding a photograph to your profile.
5. Subscription.
a. JH’s Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The Terms will govern any updates to the Service.
b. Your Rights. Subject to the Terms, JH grants you a subscription to use the Service in accordance with the Terms and for the sole purpose of enabling you to use your financial institution’s services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the Terms are reserved by JH. Nothing in the Terms will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH.
6. Subscription Restrictions.
a. You will not: (i) modify, revise or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without our permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH’s prior written permission; or (x) use the Service for benchmarking purposes, use another Service user's account, or use the Service to develop any competing product or service.
b. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws and for your own personal use only, or, if you are a subscriber of the Service as a business or organization, only for your use on behalf of your business or organization for its internal business purposes.
c. Minimum Age Requirements. If you are under the age of 13, as restricted by the Children’s Online Privacy Protection Rule, or another such age as restricted by applicable law, you are not permitted to use the Service. If you authorize JH to grant your child 13 or over, or above such other age, to use or access the Service, you acknowledge and agree that the Terms, and any terms governing third-party integrations, will apply to your child. You further agree and accept full responsibility for your child’s use of the Service, including any liability that he or she may incur in connection with their use of the Service.
7. Service-related Alerts. As a part of the Service, you consent to receive all legally required notifications via electronic means. You may withdraw your consent to receive future notices in electronic form. You have the option of adding a mobile telephone number to your Account. If you opt for Service-related alerts via SMS text alerts or telephone, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Service. By use of the Service, you acknowledge that Service-related communications, alerts, or notifications may be sent by JH and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or a third party in reliance on an alert. You agree that JH will have no liability related to electronic communications, alerts, or notifications that are sent or received through your use of the Service.
8. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and access to the internet, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider and the mobile app store from which you download the App.
a. Mobile Operating System Providers.
i. Apple. If you download the App from the Apple App Store, you acknowledge and agree that the agreement is solely between you and JH, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to JH as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and JH acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary.
ii. Google Play Store. If you download the App from the Google Play Store: (i) you acknowledge that the Terms are between you and JH only, and not with Google, Inc. (“Google”); (ii) your use of App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App.
9. Suspension; Termination; Effect of Termination.
a. JH may suspend your subscription to use the Service at any time for any reason, including as may be required by applicable law, any potential security threat, or fraud. Upon suspension, you will no longer have access to the Service.
b. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the Terms, your permission to use the Service automatically terminates. Upon termination, you will (i) no longer have access to the Service; and (ii) destroy all copies of your Account Information, Registration Information, and any information obtained from the Service.
10. Translation. JH is not responsible for translating the Terms or any information contained within the Service to any other language. Translations of the Service and the Terms that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. To the extent the Service is available in a language other than the English language, JH is not responsible for any third-party translating services whatsoever including, but not limited to, the accuracy of the translation, translations which are not stylistically satisfactory, translations which involve the use of an artificial intelligence service, or your understanding of the translated content or financial loss resulting therefrom. A sworn translator does not certify translations of the Terms.
11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associate us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.
12. Disclaimer of Warranty. THE SERVICE AND THE APP ARE 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, ACCURACY, AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, 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, JH'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Analytics. To assist JH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you.
15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the Terms will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator’s decision will be controlled by the terms and conditions of the Terms; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
16. Miscellaneous. The Terms constitute the entire agreement between you and JH concerning the subject matter hereof. The Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the Terms 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. Failure by JH to insist upon strict enforcement of any provision of the Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The Terms and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.