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Mobile Banking Agreement

By accepting this agreement, you acknowledge receipt of Diamond Bank’s NetTeller Online Banking Agreement and Disclosure Statement and accept the terms and conditions set forth.

The Electronic Funds Transfer Act governs transactions originated through online banking. As online banking services expand, this regulation will govern your protective rights. The provisions of this Act were provided to you when you opened your account. Customer acknowledges they have been informed that there are Federal Regulations which limit transfers from Savings or Money Market Accounts to six per month when initiated by telephone, electronic or other pre-authorized means. Account security is controlled by the Internet Banking ID assigned to you by Diamond Bank (which you may change online) and the Password which you select online. You agree to protect your Internet Banking ID and Password and hold the Bank harmless from any unauthorized use. Information downloaded by you becomes your property and responsibility. A request for a transfer of funds made via Internet Banking occurring after 4:00 p.m. Central Time will be posted the following business day. Our business days are everyday of the week except Saturday, Sunday, and all Federal Holidays. Only funds which are available in accordance with the Bank’s Funds Availability Policy may be transferred between accounts. Your use of Online Banking signifies that you accept the terms and conditions of Internet Banking. You received Regulation E and Regulation DD disclosures when you opened your account. By submitting this application, you hereby agree to all terms and conditions set forth by Diamond Bank.

You authorize Diamond Bank to post payment transactions generated by personal computer from the Online Bill Payment Service to the accounts indicated on your online banking account. You understand that you are in full control of your account. If at any time, you decide to discontinue service, you will provide written notification to Diamond Bank. Your use of Online Bill Payment signifies that you have read and accept all the terms and conditions of Internet Bill Pay.

You understand that payments may take up to 5 to 7 days to reach the vendor and that they will be sent either electronically or by check. Diamond Bank is not liable for any service fees or late charges levied against you. You also understand that you are responsible for any loss or penalty that you may incur due to insufficient funds or other conditions that may prevent the withdrawal of funds from your account.

BILL PAYMENT ACCOUNT CHARGES:  The Bill Pay service is provided to you at no cost.  Account holders are allowed UNLIMITED FREE Bill Payment transactions per month.

Mobile Banking

We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in internet availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance.

Diamond Bank is providing this service without a fee at this time. In the future, a fee may be charged for the Service. Diamond Bank may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above.

You are responsible for providing your own hardware and software to access the Service. The hardware and software that you use may be subject to unauthorized tracking or other manipulation by "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We do not guarantee functionality of the Service on all wireless devices. You are responsible for the charges of any wireless service provider while using the Service.

We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a computer virus. However, no security system is fail-safe, and despite our efforts, the security of the Service could be compromised, or malicious code could be introduced by third parties. We will provide you with notice if your information is the subject of a security breach as required by applicable law.

The accounts that you access using the Service are subject to the terms and conditions of the deposit agreement for those accounts and the terms and conditions for internet banking.

Mobile Deposit Capture Services: The mobile remote deposit capture service ("Service") is designed to allow you to make deposits to your checking, savings, or money market savings accounts via smart phones without the need to come to a bank location by scanning checks and delivering the images and associated deposit information to Diamond Bank or Diamond Bank’s designated processor.

Eligible Items: 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 to Diamond Bank is converted to an Image Replacement Document (IRD) for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
• Checks payable to any person or entity other than you.
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all payees.
• Checks previously converted to a substitute check, as defined in Reg. CC.
• Checks drawn on a financial institution located outside the United States.
• Remotely created checks, as defined in Reg. CC.
• Checks not payable in United States currency.
• Checks dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by Diamond Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Diamond Bank account.
• Checks payable on sight or payable through Drafts, as defined in Reg. CC.
• Checks with any endorsement on the back other than that specified in this agreement.
• Checks that have previously been deposited through the Service or through a remote deposit capture service offered at any other financial institution.
• Checks on which the numerical and written amount are different.

Endorsements and Procedures: Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space, and must include your signature and the verbiage Mobile Deposit Only”. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.

E-mail Address: You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of Mobile Deposit Transactions as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of your not receiving or otherwise not reading notifications or confirmations we send to you.

Receipt of Items: We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are 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 Diamond Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our charge-back of an ineligible item.

Image Quality: The image of an item transmitted to Diamond Bank using the Service must consist of legible images of the front and back of the check, as determined in the sole discretion of Diamond Bank or our processor. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:
a. The amount of the check;
b. The payee;
c. The drawer’s signature;
d. The date of the check;
e. The check number;
f. Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
g. Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check). 

Availability of Funds: You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m. Central Time 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 we are open.

Disposal of Transmitted Items: Upon your receipt of a confirmation from Diamond Bank that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Diamond Bank upon request.

Deposit Limits: The daily limit for the number of mobile deposits is 5 items with a $5,000 total daily maximum.  The monthly limit of mobile deposits is 10 items with a $25,000 total monthly maximum.  We may change the limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.  

Presentment: The manner in which the items are cleared, presented for payment, and collected shall be in Diamond Bank’s sole discretion subject to the Account Terms and Conditions governing your account.

Errors: You agree to notify Diamond Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable Diamond Bank account statement is sent. Unless you notify Diamond Bank within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Diamond Bank for such alleged error.  To report an error call 1-877-213-2265 or contact your local branch.

Errors in Transmission: By using the Service, you accept the risk that an item may be intercepted or misdirected during transmission. Diamond Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

User Warranties and Indemnification: 
You warrant to Diamond Bank that:
a. You will only transmit eligible items.
b. You will not transmit duplicate items.
c. You will not re-deposit or re-present the original item.
d. All information you provide to Diamond Bank is accurate and true.
e. You will comply with this Agreement and all applicable rules, laws and regulations.
f. You are not aware of any factor which may impair the collectability of the item.
g. You will promptly examine your statement to verify the proper posting of your items.
You agree to indemnify and hold harmless Diamond Bank from any loss for breach of this warranty provision.

Cooperation with Investigations: You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

Termination: We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Services Agreement or any other agreement with us.

Enforceability: We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

Ownership & License: You agree that Diamond Bank retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Diamond Bank’s business interest, or (iii) to Diamond Bank’s actual or potential economic disadvantage in any aspect. You may use the Service only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

You agree your use of the service and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the service (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errors in the service or technology will be corrected.

Limitation of Liability: You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the service incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if Diamond Bank has been informed of the possibility thereof.