CU-Online and Mobile App Terms of Use
Your initial access of your Cloverbelt Credit Union ("Credit Union") accounts through CU-Online or our Cloverbelt CU Mobile Banking app represents your agreement to be bound by these Terms of Use and acknowledges your receipt and understanding of this disclosure. CU-Online and the Cloverbelt CU Mobile Banking app also allow users to access Bill Pay and, with prior approval, Mobile Deposit services. In addition, users can request access to account statements, tax forms, and certain other documents the credit union may provide electronically. Bill Pay and Mobile Deposit each have a separate Terms of Use, which applies in addition to the CU-Online & Cloverbelt CU Mobile Banking App Terms of Use. Accessing electronic account statements, tax forms, and other documents requires acceptance of an E-SIGN Consent Agreement.
Please also read the Mobile Banking Service End User Agreement with Jack Henry & Associates, Inc. and the E-SIGN Consent Agreement, which follow this Terms of Use.
Enrollment & Eligible Accounts
When you enroll in or access Online Services, you represent that you are the owner of the accounts and other financial information that can be accessed, and that all information you provide in connection with your Online Access is accurate, current and complete. You agree to not misrepresent your identity or your account information. You represent that you are an authorized user of the device used to access Online Services.
When you enroll in CU-Online or the Cloverbelt CU Mobile Banking app (“Online Access” or “Online Services”) we will enable access for all accounts associated with your member number. At your request, we can block Online Access for your member number. Certain account types, such as guardian, representative payee and other 3rd-party controlled accounts are not eligible for full Online Access and are limited to “view only” access. The Credit Union reserves the right to refuse enrollment, limit or discontinue online access for any account, for any reason, without advance notice.
Online Access also provides users access to Bill Pay and, with prior approval, Mobile Deposit services. Bill Pay and Mobile Deposit each have a Terms of Use specific to that service, which apply in addition to this Terms of Use.
Users who accept the separate E-SIGN Consent Agreement (below and/or within the Documents section of Online Services) will have access to view, download, and print account statements, tax forms, and certain other documents the credit union may provide electronically. Accepting the E-SIGN Consent Agreement will stop paper statements and tax forms from being generated and mailed to you.
Your CU-Online Password/Passcode
Your Online Access username and password, passcode or biometric access (collectively referred to as “password”) allow access to your Credit Union accounts to view account information. In most cases, it will also allow you to perform transactions including those from or between your accounts, transfers from your account to another credit union member account, initiating an electronic transfer from your account to an individual, initiating bill payments, requesting mobile check deposits and accessing your statements.
You agree to not give or make your username or password available to unauthorized individuals. Should you do so, this constitutes your authorization for the recipient to have access to all information and functions provided by the Online Services, making them an authorized user. You are responsible for all bill payment, transfer, check deposit and other instructions initiated by you or your authorized user, even though you have agreed not to disclose this information to anyone else. You also agree to not leave your device unattended while logged into any Online Services, to log out completely if you are using a public device and to maintain current virus/malware protection on any computer or device used for Online Access.
If you believe that your account number or password has been lost, stolen or compromised, or that someone may attempt to gain Online Access without your consent, you must notify the Credit Union at once by calling us during regular business hours.
You agree the Credit Union may revoke your Online Access if unauthorized account access and/or transactions occur as the apparent result of negligence in safeguarding the password, either by you or your authorized user.
Hours of Accessibility
You can access your Credit Union accounts through CU-Online and the Cloverbelt CU Mobile Banking app seven days a week, approximately 24 hours a day. However, at certain times, some or all of these services may not be available due to system maintenance or other unforeseeable delays/problems. During these times, you may use a Credit Union branch or ATM to conduct transactions.
Access and Fees
CU-Online and the Cloverbelt CU Mobile Banking app are free services. Certain services you can access may have fees associated with them, which are detailed in our Fee Schedule and/or within the Terms of Use for each service. You authorize us to collect these fees from any Credit Union account on which you are a signer.
You are responsible for any fees and charges from your internet service or any other provider that are incurred when you access CU-Online or the Cloverbelt CU Mobile Banking app.
You agree to not use the CU-Online, the Cloverbelt CU Mobile Banking app or any services associated with Online Access in any illegal activity.
To block CU-Online and Cloverbelt CU Mobile Banking access to your accounts, please contact our Member Service Department at (715) 842-5693. If you later want to use these services, you must contact Member Service to reinstate your access privilege.
The Credit Union reserves the right to refuse enrollment, limit or discontinue online access for any account, for any reason, without advance notice.
Unauthorized Transfers
Tell us AT ONCE if you believe your password has been lost, stolen or compromised, if you believe someone gained Online Access to your accounts, or if you believe that an electronic funds transfer has been made without your permission using your Online Access credentials. Contacting us by telephone is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your Online Access credentials, you can lose no more than $50 if someone used your Online Access credentials without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Online Access credentials, and we can prove we could have stopped someone from using your Online Access credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers or transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or made available to you online, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your password has been lost, stolen or compromised, if you believe someone gained Online Access to our accounts, or if you believe that an electronic funds transfer has been made without your permission using your Online Access credentials, call us as soon as possible, during regular business hours, at (715) 842-5693 or contact us using a method listed at the end of this disclosure.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, call us as soon as possible, during regular business hours, at (715) 842-5693 or contact us using a method listed at the end of this disclosure, if you think your statement is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error, transfer or transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless you already had an established account with us before this account was opened.
We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation.
You may ask for copies of the documents we used in our investigation.
Privacy Policy
You’ll find our Online Privacy Policy and our Privacy Notice using these links. You can also request a printed version of our Privacy Policy or Privacy Statement by contacting us using a method listed at the end of this disclosure.
Updates to the CU-Online & Cloverbelt CU Mobile Banking App Terms of Use
We reserve the right to modify the CU-Online & Cloverbelt CU Mobile Banking App Terms of Use at any time. If we make material changes to this policy, we will change the “Last Updated” date at the end of this policy. Any changes we make to our CU-Online & Cloverbelt CU Mobile Banking App Terms of Use are effective as of this Last Updated date and replace any prior Terms of Use.
Disputes
In the event of a dispute regarding Online Access, you agree to resolve the dispute by looking to this Terms of Use. You agree that this Terms of Use is the statement of the agreement between you and the Credit Union, which supersedes any prior agreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this Terms of Use. If there is a conflict between what a Credit Union employee says and the Terms of Use, the Terms of Use shall control.
Assignment
You may not assign this Terms of Use to any other party. The Credit Union may assign this Terms of Use to any future, directly or indirectly, affiliated company. The Credit Union may also assign or delegate specific rights and responsibilities under this Terms of Use to third-party service providers.
No Waiver
The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Credit Union in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
Governing Law
This Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflicts of law provisions.
Limitation of Warranty and Liability
You understand and agree that the services provided under this Terms of Use are provided “as-is.” The Credit Union assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication or personalization settings. You understand and expressly agree that use of the services is at your sole risk, that any materials and/or data obtained through the use of the CU-Online, the Cloverbelt CU Mobile Banking app, Bill Pay, Mobile Deposit and all other functions or services associated with online access to your Cloverbelt Credit Union accounts are at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system, or loss of data that results from use of these functions or services.
We disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and we make no warranty or representation regarding the results that may be obtained from the use of Online Services, the accuracy or reliability of any information obtained through these service or that the Online Services will meet any user’s requirements, be uninterrupted, timely, secure or error free.
Except as specifically provided in this Terms of Use or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union OR by internet browser providers OR by internet access providers OR by online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the online financial services, or Internet browser or access software.
See Cloverbelt CU contact information at end of this Agreement package.
Last updated 4/16/2019
E-SIGN Consent Agreement for Electronic Statements & Documents
Electronic Delivery of Documents – By accepting this E-SIGN Consent Agreement (“Agreement”), you agree to permit Cloverbelt Credit Union (“Credit Union”), now and in the future, to provide account statements, tax statements, disclosures, notices, correspondence, and other documents to you in electronic form instead of providing such information in written form, if they so choose. Not all documents are available in an electronic format and the Credit Union is the sole determiner of which documents can be provided electronically. This agreement will be valid until you exercise your right to revoke this consent.
Account Statements and Tax Forms – You have the right to receive periodic account statements and tax forms in paper. By accepting this Agreement, you understand the Credit Union will not provide you with printed statement or tax forms in the mail but will instead give you access to your statements and tax forms electronically within CU-Online. You must maintain your CU-Online access to view, download, or print these documents. NOTE: New CU-Online users and existing users who receive paper statements must visit the Documents section of online banking to make their election to turn off paper statements.
System Requirements – To access electronic documents within CU-Online and retain the information provided, you must have a personal computer or device capable of connecting to the Internet, downloading a PDF file, and storing or printing the document. Preferred browsers include Chrome, Firefox, and Safari, using no more than two versions prior to the current version. By accepting the Agreement, you confirm you have read, understand, and agree to its terms and conditions and that your hardware and software meets the stated requirements.
Request for Paper Copies – We recommend you print or retain each electronic record for your files. In general, electronic account statements and tax forms can be accessed online for approximately 18 months. If you terminate your CU-Online access, you can no longer access electronic documents stored there. At your request, we will provide you with a paper copy of any electronic record you received but there may be a cost for this, as disclosed in our Fee Schedule.
Withdrawing Consent – You have the right to withdraw your consent to receive electronic statements and documents at any time. By doing so, you will no longer receive or be able to view past statements and tax forms within CU-Online. To withdraw your consent, call us at 715-842-5693 or write us at PO Box 659, Wausau WI 54402-0659. Your withdrawal will be effective after we have had a reasonable opportunity to process your request.
Last Updated 6/6/2023
Cloverbelt Credit Union Mobile Deposit Terms of Use
Your initial access of the Cloverbelt Credit Union ("Credit Union") Mobile Deposit service through the Cloverbelt CU Mobile Banking app, represents your agreement to be bound these Terms of Use and acknowledges your receipt and understanding of this disclosure. In addition to this Terms of Use, the CU-Online & Cloverbelt CU Mobile Banking app Terms of Use also apply to the Mobile Deposit service.
Definitions
As used in this Terms of Use, “Service” means the Cloverbelt Credit Union Mobile Deposit service. “Credit Union” means Cloverbelt Credit Union. “User” means the person accessing Mobile Deposit. “App” means the Cloverbelt CU Mobile Banking App.
Mobile Deposit Service
The Mobile Deposit service allows Users to make deposits to their Credit Union checking or savings accounts (some limitations apply) using your mobile device by creating a digital image of checks and delivering the images and associated deposit information to Credit Union or their designated processor.
Enrollment & Eligible Accounts
Mobile Deposit is available to individual and business members, with some restrictions, and requires prior approval to use. To use Mobile Deposit, you must first download and install the Cloverbelt CU Mobile Banking app on your compatible mobile device and, if you have not already done so, complete the steps to enroll as a first-time mobile banking user. Refer to the CU-Online Cloverbelt CU Mobile Banking App Terms of Use and FAQ for information relating to this service. Users who enroll in the Service will receive notification of their approval status via the Messages feature in the app.
Deposit Limits
A maximum of 5 checks may be deposited in one day for a combined total of $2,500. The monthly maximum is 10 check deposits or $6,000, whichever limit is reached first.
Types of Checks Eligible for Mobile Deposit
You can deposit most checks that are payable to you and drawn in U.S. dollars on a U.S. financial institution. You agree that you will not use the Service to deposit:
- Checks that were previously submitted by Mobile Deposit at CCU or at another financial institution.
- Checks drawn on your account at CCU or at another financial institution.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Credit card convenience check and savings bonds.
- Checks that have been altered or that you do or should know/suspect to be altered or fraudulent
- Checks marked “non-negotiable”.
- Checks that are dated more than six months prior or that have a future date.
- Checks prohibited by Credit Union’s current procedures, which are otherwise not acceptable under the terms of your account.
Check Endorsement – IMPORTANT
All checks must be endorsed by the accountholder/payee and the endorsement MUST include the following words or the check will be rejected: “For mobile deposit only to CCU account #____________”; include your account number and your signature. Checks not endorsed properly may be rejected.
Image Quality
The front and back images of an item transmitted using the Service must be complete and legible. If the image quality is not meet the standards need to process the deposit, the check will be rejected.
Receipt of Items: Upon receipt, the image will be reviewed for acceptability. The image is considered received by us when it is acknowledged within the App. Our acknowledgment does not mean that the image contains no errors and will be deposited, only that the image has been received. Items will generally be posted to your account within 2 business days. We reserve the right to reject any item transmitted through the Service, at our discretion, without being liable to you. We are not responsible for items we do not receive or for images that are dropped during transmission.
Disposal of Transmitted Items Upon acknowledgment from Credit Union that the check image has been received, you agree to securely retain the original item for 30 days and to then securely dispose of the item. You further agree to never re-present the item, either in paper or electronic form to Credit Union or another financial institution. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item or for Credit Union’s audit purposes. Credit Union is not responsible for the loss of the original item due to the secure disposal requirement contained in this Agreement.
Availability of Funds: In general, funds will be available for your use as soon as the deposit has posted to your account. Our normal check hold procedures apply to items deposited using the Service. In certain circumstances, we may use a check hold to delay availability of the funds. In this case, we will notify you when the funds will be available. We will not be liable for any costs or fees you incur when attempting to access funds that have not been made available to you.
Items Returned Unpaid: Items are deposited to your account as a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the check. In the event a deposited item is dishonored, the amount will be withdrawn from your account (the account of deposit or any other account in your name at the Credit Union) and the Item Returned Unpaid fee, as listed in our Fee Schedule, will be assessed. With our approval, check images that are returned for image quality adjustments may be re-submitted on paper to the Credit Union to be reprocessed; they may not be re-deposited using the Service.
User Warranties: By using the Service, you make the following warranties:
- Each image of a check transmitted is a true and accurate representation of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, payee, signature(s) and endorsement(s) on the original check are legible, genuine and accurate.
- You will not deposit or otherwise endorse to a third party the original check so as not to re-present a check that has already been processed and/or paid.
- Other than the digital image of an original check, there are no other duplicate images of the original check.
- You have possession of each original check deposited using the Service and no party will submit the original check for payment.
- You agree to indemnify and hold harmless CCU from any loss for breach of this warranty provision.
- Images transmitted by you will contain no viruses or other disabling features that may have an adverse impact on Credit Union network, data or related systems.
Termination or Discontinuation
For security purposes, we require that you notify us of your request to terminate your Mobile Deposit access using one of the contact methods at the end of this disclosure.
The Credit Union reserves the right to limit or deny Mobile Deposit access for any account, for any reason, without advance notice.
Errors
Mobile deposits will appear in your account history and on your periodic statement. You agree to notify us of any error relating to images transmitted using the Service no later than 60 days after we provide the periodic statement that includes any transaction you feel is in error. If you do not notify us within these 60 days, you cannot make a claim related to the alleged error.
Privacy Policy
You’ll find our Online Privacy Policy and our Privacy Notice using these links. You can also request a printed version of our Privacy Policy or Privacy Statement by contacting us using a method listed at the end of this disclosure.
Updates to the Mobile Deposit Terms of Use
We reserve the right to modify the Mobile Deposit Terms of Use at any time. If we make material changes to this policy, we will change the “Last Updated” date at the end of this policy. Any changes we make to our Mobile Deposit Terms of Use are effective as of this Last Updated date and replace any prior Terms of Use.
Contact Information
In person at:
Cloverbelt Credit Union
110 McIndoe St
Wausau WI 54403
By mail at:
Cloverbelt Credit Union
PO Box 659
Wausau WI 54402-0659
By phone at:
715-842-5693
866-214-1395 (toll free)
By email at:
ccu@ccuwausau.com
Online using the “Message” feature in CU-Online or the Cloverbelt CU Home Banking app
Last updated 3/25/2024
DIGITAL BANKING TERMS OF USE WITH JACK HENRY & ASSOCIATES, INC.
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.
- Account Information.
- 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.
- 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.
- 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.
- Application of Privacy Laws.
- 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.
- 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.
- 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.
- Rights you Grant to JH.
- 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.
- 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.
- 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.
- 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.
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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.
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Subscription.
- 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.
- 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.
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Subscription Restrictions
- 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.
- 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.
- 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.- Mobile Operating System Providers
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- 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.
- 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.
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9. Suspension; Termination; Effect of Termination- 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.
- 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.Last Updated 02/05/2025