Mobile Banking Agreement

Agreement for Via Credit Union ViaMobile

Please read these Agreements carefully before accessing or using this service. ViaCredit Union Mobile Banking product is defined, and will be referred to, as ViaMobile throughout the rest of the agreement. ViaCredit Union Online Banking product is defined, and will be referred to, as ViaConnect throughout the rest of the agreement. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.

a. ViaMobile is offered as a convenience and supplemental service to our ViaConnect services. It is not intended to replace access to ViaConnect from your personal computer or other methods you use for managing your accounts and services with us. ViaMobile allows you to access your account information, transfer funds, and conduct other banking transactions. To utilize the ViaMobile service, you must be registered to use ViaConnect.

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 ViaMobile. We also reserve the right to modify the scope of the service at any time.

We may offer additional ViaMobile services and features in the future. Any such added ViaMobile services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new ViaMobile 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 ViaMobile services we offer without notice, except as may be required by law.

ViaMobile may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. Via Credit Union 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. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.

b. Use of Service. You agree to accept responsibility for learning how to use ViaMobile in accordance with the instructions and agree that you will contact us directly if you have any problems with ViaMobile. 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 ViaMobile 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. You will not hold Via Credit Union liable for any incompatibility of the Software with your mobile device or for any loss or damage to any mobile device which may be caused by the Software or the installation process.

c. Other Agreements. You agree that, when you use ViaMobile, you remain subject to the terms and conditions of your existing agreements Via Credit Union except as expressly otherwise stated herein; and 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 ViaMobile (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with ViaMobile), 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 Agreement, ViaConnect Agreement, Fee Schedule, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of ViaMobile.

d. Permitted ViaMobile Transfers: Transactions in ViaMobile are subject to the terms and limitations disclosed in the Account Agreement, ViaConnect Agreement, Fee Schedule, and your loan agreements. You may transfer or withdrawal up to the available balance in your account at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. Via Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our discretion. If we process the transfer and unless your overdraft protection is provided via a ViaGEM Loan, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security 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.

e. You represent and agree to the following by enrolling for ViaMobile or by using the included services:

i. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via ViaMobile. You represent and agree that all information you provide to us in connection with ViaMobile is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using ViaMobile. 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 ViaMobile.

ii. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using ViaMobile. You agree not to leave your Device unattended while logged into ViaMobile 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 ViaMobile, 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.

iii. User Conduct: you agree not to use ViaMobile or the content or information delivered through ViaMobile 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 ViaMobile 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 ViaMobile; (i) interfere with or disrupt the use of ViaMobile by any other user; or (j) use ViaMobile in such a manner as to gain unauthorized entry or access to the computer systems of others.

iv. 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 ViaMobile or resell, lease, rent or distribute access to ViaMobile.

v. Availability. We make no representation that any content or use of ViaMobile is available for use in any location in the United States or outside of the United States.

vi. Limitations and Warranty Disclaimers.

We and our service providers disclaim all warranties relating to ViaMobile or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages.