Thank you for using CharterWest Bank Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 96924. To cancel, text “STOP” to 96924 at anytime. In case of questions please contact customer service at 800-872-5147 or visit CharterWest.com

CharterWest Bank Privacy Policy https://www.charterwest.com/policy-disclosures/privacy-policy/
Mobile Banking Privacy Policy https://www.charterwest.com/policy-disclosures/mobile-banking-privacy-policy/

Terms and Conditions

• Program: CharterWest Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
• Questions: You can contact us at 800-872-5147, or send a text message with the word “HELP” to this number: 96924. We can answer any questions you have about the program.
• To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
• Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
• Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of CharterWest Bank or any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, CharterWest Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). CharterWest Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. CharterWest Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use

You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by CharterWest Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of CharterWest Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose CharterWest Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.

Card Controls Additional Terms

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

1. The Card Controls feature is only available for debit cards issued by CharterWest Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact CharterWest Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to CharterWest Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, CharterWest Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

Privacy and User Information – Data Analytics                        https://www.charterwest.com/policy-disclosures/mobile-banking-privacy-policy/ 

You acknowledge that in connection with your use of Mobile Banking, CharterWest Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. CharterWest Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Biometric Login for Mobile Banking

Biometric login is an optional biometric sign-in method for CharterWest Bank Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and CharterWest Bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within CharterWest Bank Mobile Banking. CharterWest Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within CharterWest Bank Mobile Banking.

E-Alerts Terms and Conditions

Alerts. Your enrollment in CharterNet Online Banking and/or CharterGo Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your CharterWest Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. CharterWest Bank reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your CharterNet  Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop alerts via text message, text “STOP” to 41952 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in CharterNet Online Banking.  For help with SMS text alerts, text “HELP” to 41952. In case of questions please contact customer service at 800-872-5147. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. CharterWest Bank provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside CharterWest Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold CharterWest Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

Availability and Use of Mobile Banking

The use of Mobile Banking includes related services accessed via the Mobile Banking service (i.e. Bill Pay, TransferNow, Card Controls, eAlerts, and Mobile Deposit).  Mobile Banking is available to any persons who have enrolled in CharterWest Bank’s Online Banking service.  You accept responsibility for making sure that you understand how to use Mobile Banking before using and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you.  You also accept responsibility for making sure that you know how to properly use your mobile device and the Mobile Banking service.  From time to time we may change, upgrade, remove or add new features to Mobile Banking.  In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking service.  You may reject changes by discontinuing use of the service.  Your continued use of Mobile Banking will constitute your acceptance of and agreement to such changes.  Maintenance to the service may result in interrupted service, delays or errors and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device.

Relationship to Other Agreements

You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with CharterWest Bank and our affiliates.  You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider that this agreement does not amend or supersede any of those agreements.  You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking.  Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.  You also agree that if you have any problems with Mobile Banking, you will contact us directly.

Account Ownership/Accurate Information

You represent that you are the legal owner of the accounts and other financial information that 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. You also agree not to misrepresent your identify or your account information.  You agree to keep your account information up to date and accurate.  You agree to use Mobile Banking carefully, to keep your password confidential and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 402-372-5147 or toll free 800-872-5147, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the Mobile Banking Services.

Fees

There is no fee for using the Mobile Banking service at CharterWest Bank, however, all other fees associated with your accounts apply.  Fees for additional services available in Mobile Banking may apply, see the Electronic Financial Services Agreement for more information.  Message and data rates may apply.  Check with your specific mobile service carrier for more information on fees.

Mobile Deposit Requirements

Mobile Deposit allows customers to deposit checks to a designated checking or savings account with CharterWest Bank using an approved mobile device and the Mobile Banking application.  Checks are scanned using the camera on the mobile device and securely transmitted to CharterWest Bank for review and deposit.  By using this service, you authorize CharterWest Bank to convert checks to images or create substitute checks for the purpose of clearing the check.  All checks processed for deposit through Mobile Deposit will be treated as “deposits” under your current Deposit Account Agreement with us and will be subject to all terms of this agreement.

• You will only scan and deposit “checks” as defined by the Federal Reserve Regulation CC (Reg CC).
• You will only deposit original items drawn on financial institutions in the United States and in US dollars, such as:
• Personal checks
• Cashier’s or official bank checks
• Certified checks
• Insurance checks
• State or local government checks
• US Treasury checks
• Business/payroll checks
• Other items per our discretion
• You will not transmit any of the following ineligible items for mobile deposit:
• Checks with any endorsement on the back other than that specified in these terms and conditions.
• Checks that have previously been submitted through this service, remote deposit capture service, or through a mobile/remote deposit capture service offered at any other financial institution.
• Checks that have previously been deposited or negotiated in any way via any method at CharterWest Bank or any other financial institution.
• Checks previously converted to a substitute check, as defined in Reg CC.
• Checks previously deposited and returned (For example, Non-sufficient Funds).
• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited to.
• Checks containing an alteration, which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Cash, savings bonds, or non-negotiable items.
• Checks that have been post-dated, stale-dated (older than 6 months), or are incomplete.
• Checks drawn on a foreign financial institution or in a foreign currency.
• Third-party or second endorsed checks, counter checks, or traveler’s checks.
• Checks with duplicate MICR code lines.
• You will restrictively endorse the back of the original eligible item with signatures of all payees, if a business include business name and representative signature or other industry accepted endorsement method (i.e. business deposit stamp), followed by the words “For Mobile Deposit Only to CharterWest Bank” or as we otherwise instruct you. Please note that the “For mobile deposit only” check-box that is often pre-printed on check stock does not meet industry standards to qualify as a restrictive endorsement.
• The image of an original item (front and back) transmitted via the service must be legible with the following information provided:
• The amount of the check,
• The payee(s),
• The drawer’s signature,
• The date of the check,
• The check number, and
• Information identifying the drawer and the paying bank that is preprinted on the check in a commercially acceptable format, MICR data including the routing number, account number and check number.
• You will complete each deposit promptly and correct any errors identified during the process. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized access to your device.  You will notify us immediately if you learn of any loss or theft of original items.  You will ensure the safety and integrity of original items from the time of receipt until the time of destruction.  If warranted in our reasonable judgment, we reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under these terms and conditions.
• You should mark the front of the item with “Mobile Deposit and {Date}”. You will keep the original item in a secure place for at least 30 days after the mobile deposit posted to your account.  The original item is your property and not the property of CharterWest Bank.  You shall take appropriate security measures to ensure that: a) only authorized persons shall have access to the original item; b) the information contained on the item shall not be disclosed to unauthorized persons; and c) the original item will not be duplicated, will not be captured more than one time, and will not be presented, deposited or negotiated again in any way.  Upon request by CharterWest Bank you will promptly provide the retained original item, or a sufficient copy of the front and back of the item in a form acceptable to us, to aid in the clearing and collection process, or to resolve claims by third parties, or for our audit or fraud loss prevention purposes.  After the 30 days, you will destroy the original item by shredding it or by any other permanent deletion manner that does not allow the original item to be accessed by an unauthorized person(s) and in a manner that the original item is no longer readable or capable of being reconstructed.  After destruction of an original item, the image will be the sole evidence of the original item.  You agree to be responsible to us for any losses, costs, expenses, and damages we may incur as a result of your failure to comply with the provisions of this condition.
• It is your responsibility to verify that your deposit has been completed successfully by logging into the Mobile Banking application, viewing the status of your Mobile Deposit history and verifying the funds are available in your account.
• We may reject any item transmitted using Mobile Deposit, at our discretion, without liability to you. We will attempt to notify you of rejected deposits via phone and/or email with contact information available within our core banking system.  We are not responsible for checks we do not receive or for images that are dropped during transmission.  An image of a check shall be deemed received when the funds are deposited in your account.  Receipt of such confirmation does not mean that the transmission was error free or complete.  Receipt of such confirmation or funds does not mean that your Account will not be charged back for the amount of the deposit and any applicable fees as described in our Deposit Account Agreement and Fee Schedule if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.  We may also adjust your deposit after you have submitted it to correct mistakes in amounts, encoding, or missing or illegible items.
• Checks transmitted using Mobile Deposit are not subject to the funds availability requirements of Reg CC. For purposes of determining the availability of funds deposited via Mobile Deposit, checks transmitted through the service are classified as “not in-person deposits” as defined in Reg CC.  In general, if an image of a check transmitted through the service is received and accepted before 4:00 p.m. Central Standard Time (CST) on a banking day, we consider that day to be the day of your deposit.  Otherwise, we will consider that the deposit was made on the next banking day.  Funds deposited using Mobile Deposit will generally be made available the same day of deposit, but may be delayed or held at our discretion.  You will be notified if we delay the ability to withdraw funds for any reason, generally funds will be made available no later than the 7^th business day after the day of your deposit.  Please see our Funds Availability Policy for more information.
• We reserve the right to impose limits on the amount(s) of deposits that you transmit using Mobile Deposit and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit.  If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms, and we will not be obligated to allow such a deposit at other times.  We are not responsible for any losses incurred as a result of rejecting deposits that you have made through Mobile Deposit which exceed your deposit limits.
• You will notify us of any suspected errors regarding checks deposited through Mobile Deposit within 60 days after the account statement containing the mobile deposit in error, failure to do so will deem the deposit to be correct and prohibit you from bringing claim against us for the alleged error.
• By using Mobile Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. CharterWest Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
• You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the service in your possession and your records relating to such items and transmissions.
• You agree that CharterWest Bank retains all ownership and proprietary rights in the service, associated content, technology, website(s) and app(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with these terms and conditions.  Without limiting the effect of the foregoing, any breach of these terms and conditions immediately terminates your right to use the service.  Without limiting the restriction of the foregoing, you may not use Mobile Deposit (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to CharterWest Bank’s business interest, or (iii) to our 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 the service.

Termination of Services

We reserve the right to terminate or revoke Mobile Banking services, in whole or in part, at any time with or without cause and without prior written notice.  In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted.  Termination of the services does not affect your obligations under these terms with respect to occurrences before termination.

Indemnification

You agree to indemnify, defend, and hold CharterWest Bank and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone. 

These terms and conditions are subject to change at any time.  You will receive notification of any changes to the terms of this service.  Advanced notice will be given if the changes are required by applicable law.

7/2023