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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
2. 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
3. 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.
4. You agree to restrictively endorse any item transmitted through XPress Deposit as “For deposit only” followed by your signature.
5. 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.
6. 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.
7. 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.
8. 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.
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 Florida 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 Florida 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.
1. Description of Services
2. Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement You represent that you are at least 18 years of age and have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
We may, from time to time, amend the terms of this Service with notice to you. Your continued use of the service after notices have been provided will evidence your acceptance of the amended terms.
3. Consent to Share Personal information (Including Account Information)
We may disclose information to third parties about your account or the funds you send or receive:
4. Privacy and Information Security
5. Wireless Operator Data
6. Enrolling for the Service
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
8. Once a User initiates a transfer of money to your email address or mobile phone number registered with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have registered.
Most transfers of money to you from other users will occur within minutes. There may be other circumstances when payment may take longer. For example, in order to protect you, us Zelle and other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your user preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this agreement and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this [Agreement], and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
11. Send Limits
We may, in our sole discretion, impose or change the limits on the amount of money you can send or receive through the Service. Such limits may be displayed in the application.
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive, or unwelcome by the recipient.
13. Transaction Errors
In case of errors or questions about your electronic transfers call us at 888-264-6116 or write to: F&M Trust, 20 South Main Street, Chambersburg, PA 17202.
Contact F&M Trust as soon as possible if you believe information or a transaction listed on your statement is wrong. We must hear from you no later than sixty (60) days after we sent the first statement on which an error or unauthorized transaction appeared. If you tell us orally, we may require you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate. If we decide to do this, we will credit your account for within 10 business days for the amount you believe is in error so 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.
If we determine there was no error, we will send you a written explanation within three (3) business days after we finish our investigation.
14. Your Liability for Unauthorized Transfers
Tell us at once if you believe your user ID and password have been forgotten or stolen. Calling is the best way of minimizing your losses. You could lose all the money in your account plus your maximum overdraft line of credit (if applicable). If you do not tell us within two (2) business days after you learn of the loss or theft of your user ID and password and we could have prevented someone from using your credentials without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers you did not make tell us at once. If you do not tell us within 60 days after the statement was mailed to you, 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 extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, we will extend the time periods.
15. Liability for Failure to Complete Transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
There are currently no fees to send or receive funds using Zelle service. However, other service charges may apply. For example, there may be fees charged against your account if a transaction you initiate using the service causes any of your accounts to be overdrawn, exceed the maximum permissible number of transactions for the account or exceed any other qualifiers for the account. Refer to your account Terms and Conditions agreement and the associated Service Fee schedule for these fees.
17. Use of Our Online Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with our Terms and Conditions, which are available at https://fmtrust.bank/terms-conditions and incorporated into and made part of this Agreement by this reference.
18. Right to Terminate Service
You may terminate your use of the service at any time by visiting your local F&M Trust community office, by calling us at 888-264-6116 or by writing to us at F&M Trust, 20 S. Main Street, Chambersburg, PA 17201. If there is more than one account owner or if more than one person is authorized to access the account through the service, we may terminate the service upon the request of any account owner or person authorized to access the account.
We may terminate your use of the service, in whole or in part, at any time without notice. Upon termination you will remain liable for payments, transfers and other transactions in process and all accrued fees and charges.
19. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
20. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS [AGREEMENT], YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
22. Governing Law; Choice of Law; Severability
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Subject to the terms of this Agreement the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
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