Online Banking Disclosure     

F&M Trust’s ONLINE BANKING

Before subscribing to the F&M Trust Online Banking service (the "Service"), you must read and indicate your acceptance of the following terms:

Your consent to this Service is valid for as long as you remain a subscriber to this Service.

You have the right to withdraw from this service at any time. To withdraw from this Service and its associated terms you must contact us at 717-264-6116 or 1-888-264-6116.

You assume responsibility for keeping your contact information up to date. If you change any of this information, you must update it on this Service. We will use your contact information, specifically the email address on record, to communicate with you including all online banking notices, statements, and disclosures. If you change your email address or if your email address becomes compromised, you are responsible for notifying F&M Trust. In addition, you assume responsibility for providing a valid email address and retrieving online banking messages from your email account.

We will keep you informed of any hardware or software changes that may affect how we store or use your personal information. In addition, we will notify you, via email, of any changes that affect our Privacy and Security Policies. You have the right to terminate this service at any time if you do not agree with any stated policies or procedures.

Please indicate your consent to the above terms by clicking on the "I Agree" button. By providing this consent, you also confirm that you are able to access all disclosures and information via your own email address.

These Terms set forth the terms and conditions for any use of the Service. Please read these Terms of Use carefully.

By clicking the "I Agree" button, you signify your agreement to all the terms, conditions, and notices contained or referenced in this document and accept responsibility for your use of the Service. If you choose to not accept these terms and conditions, click on the "I Decline" button and your enrollment application will be terminated.

Please note that use of the Service may include access to websites, content and services of companies other than F&M Trust. F&M Trust does not make any representations regarding such third parties or their content or services and you are responsible for complying with such third parties' agreements and policies.

Access to the Service and use of the Service is subject to all applicable federal, state and local laws and regulations. Unauthorized use of the Service or information accessed via the Service is strictly prohibited.


Acceptance of Terms

If you do not agree to the terms and conditions in this Agreement, do not register for or use the Service. By completing the registration and using the Service, you signify your agreement with the terms and conditions of this Agreement. This Agreement may be updated from time to time. Upon any change, F&M Trust will notify you by email. If you continue to use the Service thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by this Agreement, as amended. If you do not agree to the changes, you agree to discontinue your use of the Service.

Description of Service

F&M Trust’s Online Banking provides customers with a secure, easy-to-use tool that is accessible from nearly any device with an Internet connection and a web browser. The user can view up to 6 months of transaction history, including check images and daily balances for any and all accounts enrolled in Online Banking. Other functions include an advanced transaction search, ability to stop payment on checks, and customizable electronic notifications. Further, users have the ability to order new checks, view automatically generated reports and charts, and transfer funds between their accounts. Online Banking also acts as an effective portal to a number of other valuable services offered by F&M Trust, allowing customers to enroll in programs like eStatements and Online Bill Pay.

Privacy

F&M Trust will not sell, exchange, or release your Personal Information to any third party without your express permission, unless required by law or court or governmental order. However, F&M Trust may share or publicly disclose compiled, aggregated data containing no personally identifiable information.

User Responsibilities

You agree to provide accurate and complete Personal Information required to activate the Service. You agree to provide accurate and complete Account Information required to utilize the Service. You agree to keep your Personal Information and Account Information up to date and accurate. You agree to protect the confidentiality of your password and your account, not to disclose your password to other parties, and to notify F&M Trust immediately of any unauthorized use of your password or account. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law. You agree that your right to use the Service is personal to you, and may not resell or make any commercial use of the Service.

Limitation of Warranties and Liability; Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. F&M TRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. F&M TRUST DOES NOT WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS, OR THAT THE OPERATION WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ALL ERRORS IN PROGRAMMING WILL BE CORRECTED. NEITHER F&M TRUST NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, INABILITY TO OPERATE, OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to protect and fully compensate F&M Trust and its affiliates, and service providers from any third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property.

General

This Agreement and the Service shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Such unenforceable provisions shall be construed, to the extent possible, to reflect the intentions of the parties. This Agreement and any modifications published by F&M Trust over the Service constitute the entire and only agreement between you and F&M Trust with respect to the Service.


Mobile Banking Enrollment Terms and Conditions

END USER TERMS

This service is provided to you by F&M Trust and powered by a Third Party ("Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and F&M Trust. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

F&M TRUST MOBILE BANKING TERMS AND CONDITIONS

Thank you for using F&M Trust Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions please contact customer service at mobile.support@f-mtrust.com or call 1-888-264-6116.

Terms and Conditions

1. By using Mobile Banking Services you agree to abide by these terms and conditions. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from F&M Trust. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service (text messages).

2. Not all Mobile Banking Application features are available on all mobile devices. Availability depends on the mobile device’s operating system and capabilities.

3. The services are provided by F&M Trust and not by any other third party. You and F&M Trust are solely responsible for the content transmitted through the text messages sent to and from F&M Trust. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).

4. Mobile Banking Services are only available if you have previously registered for F&M Trust Online Banking. To utilize the bill pay features, you must enroll in F&M Trust Online Bill Payment. Your access to and use of the mobile site is also subject to F&M Trust’s Online Banking Disclosure and Deposit Account Terms and Conditions Disclosure.

5. You agree to provide F&M Trust with a valid mobile number. You agree that F&M Trust may send you text messages through your wireless provider. F&M Trust does not charge for this service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.

6. You understand that balances provided may not include recent or pending transactions that have not yet posted to your account.

7. You must notify F&M Trust immediately of any changes to your registered device. In case of unauthorized access to your device or service, you agree to cancel your enrollment associated with the device immediately.

8. You agree to indemnify, defend, and hold F&M Trust harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing F&M Trust with a phone number that is not your own.

9. You agree that F&M Trust will not be liable for failed, delayed, or misdirected delivery of any information sent through the service; any errors in such information, any action you may or may not take in reliance on the information or service or any account information disclosure to third parties as a result of your use of the service. F&M Trust will not be liable to you for indirect or consequential damages.

10. F&M Trust reserves the right in its sole discretion, to amend and modify these Terms and Conditions at any time. Any changes to these Terms and Conditions will be effective when notice of changes is posted on the Mobile Bank Site or on the Online Banking website. Your continued use of Mobile Banking Services after any changes to the Terms and Conditions are posted will constitute acceptance of the new Terms and Conditions. F&M Trust may terminate, change, suspend or discontinue any aspect of Mobile Banking, including the availability of any features at any time. Your use of the Mobile Banking Service may be terminated at any time in F&M Trust’s sole discretion.


XPRESS DEPOSIT

The following terms and conditions are in addition to and part of all other Terms and Conditions for F&M Trust Mobile Banking

  1. XPress Deposit allows you to use the F&M Trust Mobile Application to make deposits to your eligible accounts remotely by scanning checks and transmitting images of such checks to us.
  1. By using this service you agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). When the image of the check transmitted is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an item within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
  1. You agree that you will not scan and attempt to deposit any of the following types of checks or other items:

· Checks payable to any person other than you or any co-holder on the account the check is being deposited into;

· Checks containing alterations or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;

· Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer;

· Checks drawn on an institution located outside of the United States;

· Checks not payable in United States currency;

· Checks payable on sight or payable through drafts, as defined by Reg CC;

· Checks dated more than six (6) months prior to the date of deposit;

· Checks with any endorsement on the back other than as specified in this agreement; and

· Any non-negotiable items.

  1. You agree to restrictively endorse any item transmitted through XPress Deposit as “For deposit only” followed by your signature.
  1. We reserve the right to reject any item transmitted, at our discretion, without liability to you. F&M Trust is not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from us that the item was received. A confirmation is not a representation, warranty or other indication that the image will be credited or processed and honored by the bank the item is drawn upon. The image will be subject to review. We reserve the right to charge back to your account any item that is subsequently determined ineligible.
  1. You agree that items deposited using XPress Deposit are not subject to the funds availability requirements of Reg CC. In general, if an item is received and accepted before 4:00 PM EST on a business day that we are open, we consider that day to be the day of your deposit. Otherwise we will consider that the deposit was made on the next business day that we are open.
  1. Upon your receipt of confirmation from us that we have received the image of an item, you agree to retain the check for at least 30 calendar days from the date of transmission. During the time the check is retained you agree to keep it in a secure location, and promptly provide it to us upon request. After 30 days you agree to destroy the check in such a manner as to render it incapable of further transmission, deposit or presentment.
  1. All items deposited via XPress deposit are subject to review and/or approval. We reserve the right to impose limits on the amount(s) and number of items that you transmit and to modify such limits from time to time without prior notice. The current daily dollar limit is $2,500.


People Pay Service Agreement and Disclosure

The following terms and conditions are in addition to and part of all other Terms and Conditions for F&M Trust Online/Mobile Banking

THIS PEOPLE PAY SERVICE AGREEMENT AND DISCLOSURE (“Agreement) will govern the use of the Person-to-Person Payment Service (Payment Service) offered by F&M Trust. As used herein, the terms We,” usor “ourrefer to F&M Trust and the terms youor “yourrefer to the undersigned depositor(s) who use the Payment Service. We reserve the right to modify these terms and conditions at any time. Your use of the Payment Service constitutes your agreement to be bound by the terms and conditions of this Agreement and any amendments or modifications thereof.

This Agreement shall be subject to the terms and conditions of the F&M Trust Deposit Account Agreement and Disclosure and Online Banking Disclosure. To the extent that any of the provisions of this Agreement conflict or are inconsistent with the provisions of the Deposit Account Agreement and Disclosure, the provisions of the Deposit Account Agreement and Disclosure and Online Banking Disclosure shall supersede and prevail.

1. Payment Service - The Payment Service enables you to initiate payments from your eligible F&M Trust transaction deposit account(s) (Eligible Account) to a person or entity that maintains an eligible account at another U.S. financial institution (Payee) and receive funds from a person or entity that maintains an eligible account at another financial institution (Sender) into your Eligible Account (where appropriate, we may refer to any such Payees or Sender as a Third Party.”). Prior to completing any transfer, however, the Third Party will be required to take additional steps to facilitate and/or confirm the transfer of funds to or from your Eligible Account, and the transfer will not be completed until we are satisfied that such additional steps have been taken .

2. Information Relied Upon by F&M Trust - You acknowledge and agree that we are relying upon the information you provide when using the Payment Service, and that you are responsible for the accuracy or completeness of this information. Any errors in the information, including incorrect or inconsistent names, email addresses, phone numbers or account numbers for any Third Party, or the ABA number or name of the Third Partys financial institution, are your sole responsibility. You understand that we are not responsible for investigating and clarifying discrepancies in any information provided by you or any Third Party, and that we are not responsible or liable for fees, charges or other damages resulting from incorrect information entered by you or any Third Party in connection with the Payment Service.

3. Transaction Types, Limitations, and Restrictions - The Payment Service is subject to a daily individual transaction limit of $1,500, regardless of the manner in which the payment is made and an aggregate daily limit of $6,000, regardless of the manner in which the payment is made. Your individual and aggregate limits may change from time to time, at our discretion. We reserve the right to select the method in which to make payments on your behalf, and the method to return funds to you in the event that the payment is returned to us.

Payment instructions are processed in two ways: (a) You can provide all the required information account title and number or (b) you can provide contact information regarding the Third Party, including an e-mail address and/or mobile telephone number and we will contact the Third Party on your behalf and request the Third Party to provide information so we may validate the identity of the Third Party and then provide transaction account information in order to complete the payment instruction.

4. Authorization for Payment Service - By providing us with names and telephone numbers, e-mail and mailing addresses and/or bank account information of any Third Party, you authorize us to follow the payment instructions that we receive from the Third Party’s eligible Payment Service. When we receive a payment instruction from you, you authorize us to: (a) in the case of any transfer from your Eligible Account, debit your Eligible Account for the amount of any such payment, plus any related fees in effect at the time you initiate the payment and to transfer funds to the Payee or (b) in the case of any transfer to your Eligible Account, credit your Eligible Account for the amount of such payment, including but not limited to those payments returned to us from other financial institutions to whom you sent payment(s), and those payments that were canceled and returned to you because the processing of the payment instruction could not be completed.

5. Processing Timeframes for the Payment Service - You agree that when you use the Payment Service to initiate a payment from your Eligible Account, we will begin to process the payment and debit your Eligible Account as early as the day you initiate the payment instruction. Depending on the payment method, funds may be transferred into the payee’s eligible transaction account as early as the day you initiated the payment instruction. When you use the Payment Service to initiate a payment to your Eligible Account, you acknowledge that there may be a delay between the time you are notified of the pending payment instruction and the deposit of the payment funds into your Eligible Account and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Account.

In the event that funds are transferred into your Eligible Account as a result of a payment instruction and it is determined that such transfer was improper because it was not authorized by the Sender, for any reason, you hereby authorize us to withdraw from your Eligible Account an amount equal to the amount of funds improperly transferred to you.

6. Cancellation and Non-Processed Payments - (a) Unsuccessful or Returned Transfers.

When you request a transfer from an Eligible Account using the Payment Service, the transfer may not be completed for various reasons, including without limitation:

(1) You have not provided complete and accurate required information regarding the

Third Party;

(2) You do not have sufficient funds in your Eligible Account from which you have requested a transfer to be made;

(3) The limits (as described in Section 3 above);

(4) You identify a security risk related to a requested transfer; or

(5) You are unable to fulfill your request for any other reason.

In each such case, you agree that:

(i) You will reimburse us immediately upon demand for the amount of the payment transaction if we have delivered the payment to the Payee but there are insufficient funds in your eligible account to allow us to complete the processing of the payment;

(ii) You will reimburse us for any fees or costs we incur in attempting

to collect any amounts from you; and

(iii) We are authorized to report the facts concerning the return to any credit reporting agency.

You will be informed of the rejection during your online session account at another financial institution, including the dollar value of one or more of your transfer requests exceed any of your transfer limits by e-mail as soon thereafter as we have determined to reject the request.

(b) Cancellation and Stop Payment Requests - You may cancel the initiation of a transfer or stop a transfer at any time until the processing of the transfer into the Payee’s account has begun. Except as otherwise provided by applicable law, we will have no liability to you for failing to stop a transfer at your request or recover funds associated with an unauthorized transfer. If you

wish to cancel a payment or place a stop payment you may contact us at 1-888-264-6116. You agree that we may assess a fee for each stop payment or fund recovery request in accordance with the current F&M Trust Fee Schedule.

(c) Unclaimed Funds - Payments not claimed by a Payee will be automatically cancelled ten (10) days after the processing of the payment begins. When you initiate a payment transaction, the Payee is not required to accept the payment transaction. You agree that you will not hold F&M Trust liable for any damages resulting from a Payee’s decision to accept or not to accept a payment transaction initiated or attempted through the Payment Service.

(d) Delays, Non-Execution of Requests - We are not responsible for any error, delay or failure to execute your funds transfer request due to circumstances beyond our reasonable control, including, without limitation to, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your funds transfer request to the Third Party’s bank or execution of such request by such bank, whether caused by acts of God, network or system outages, strikes, fires, floods, power failures, equipment malfunctions, or acts or omissions of any intermediary bank or beneficiary bank.

(e) Refused payments - We reserve the right to refuse to pay any Payee for any reason. We will

attempt to notify you promptly if we decide to refuse to pay a Payee. This notification is not required if you attempt to make a prohibited payment.

(f) Termination, Cancellation, or Suspension of the Payment Service - You may cancel the Payment Service at any time by contacting us at 1-888-264-6116. Any payment(s) that have begun processing before the requested cancellation date will be processed. We reserve the right, in our sole discretion, to terminate, cancel or suspend your use of the Payment Service at any time or for any reason. You will be informed of the termination or suspension during your online session or by e-mail as soon as practicable. Neither termination nor suspension will affect your liability or obligation under this Agreement.

7. Prohibited Payments - The following types of payments are prohibited through this Payment Service and we have the right but not the obligation to monitor and/or block, cancel or reverse any:

(a) Payments to or from persons or entities located outside of the United States;

(b) Payments that violate any law, statute, ordinance or regulation; or

(c) Payments that violate the acceptable use of the Payment Service

In no event will we be liable for any claims or damages resulting from your attempt to make any prohibited payments. We have no obligation to review or resolve any claim resulting from a prohibited payment.

8. Notices to you regarding the Payment Service - You agree that we may provide notice to you by posting such notice:

(a) By delivering it through your Online Banking service;

(b) E-mailing it to an address that you have provided to us;

(c) Mailing it to any postal address that you have provided to us; or

(d) Sending it as a SMS text message to any mobile phone number that you have provided to us, including but not limited to the mobile phone number that you have provided under the Payment Service.

You will be deemed to have received any notice given by any of these methods (regardless of whether you have actually seen the notice) no later than twenty-four (24) hours after the notice is sent or posted, except for notice by postal mail, which will be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us.

9. Notices to F&M Trust Regarding the Payment Service - If you have a problem with a transaction you may call 1-888-264-6116 to initiate resolution of your issue.

10. Transaction History - You may view your transaction history by logging into Online Banking and looking at your Account History. Your history is also available through deposit account statements that we provide to you.

11. Service Providers - We reserve the right to offer the Payment Service through one or more independent third party service providers that we have engaged to render some or all of the service to you on our behalf. You agree that we have the right under this Agreement to delegate to service providers all of the rights and performance obligations that we have under this Agreement and that the service providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. You further understand that your mobile phone service provider is not the provider of the Bank’s payment service. Data and messaging charges from your telecommunications provider may apply (in addition to any charges under the Payment Service), and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device.

12. Governing Law - The terms and conditions of this Agreement shall be governed under the laws of the Commonwealth of Pennsylvania. This Agreement shall also be governed by applicable Federal law.

13. Indemnity - You agree to defend, indemnify and hold us and our third party service providers harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or in connection with the provision of the Payment Service or are as a result of our reliance upon any instructions or information from you in connection with this Agreement.

14. Limitation of Warranties and Liability; Disclaimer of Warranties - YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGWITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAYMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS PAYMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT FOR ANY THIRD PARTY OR THAT THE PAYMENT SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR THAT THE OPERATION WILL BE ERROR FREE. NEITHER F&M TRUST NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE OPERATION, MALFUNCTION OR INABILITY TO OPERATE THE SERVICE.


SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2 License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer Warranty. THE SOFTWARE IS 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 AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, 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, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement 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. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.





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