Online Banking Agreement

ONLINE BANKING AGREEMENT

The undersigned (“I” or “we”), in consideration of Freedom Bank (“the Bank”) issuing me Credentials for access to Internet Banking, hereby agrees to be legally bound by the following terms and conditions.

Internet Banking Services

I have the Checking and/or Savings account(s) with the Bank set forth on my application form. I hereby request that the Bank issue to me Credentials to be used in connection with such accounts as described in the Agreement. I understand I may use Internet Banking to (1) transfer funds between accounts; (2) obtain available balances on accounts; (3) obtain the current balances on accounts; and (4) obtain transaction history on accounts.

Identification Number and Password

I understand that access requires the use of unique Credentials assigned by the Bank. I agree that electronic copies of communications are valid, and I will not contest the validity of the originals absent proof of data corruption or tampering. I understand that accessing Internet Banking with my Credentials will authenticate and validate the directions given just as my actual signature will authenticate and validate my direction given to the Bank. I acknowledge that my Credentials are identification codes that are personal and confidential and that the use of the Credentials is a security method by which the Bank is helping me to maintain the security of my account(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS MY CREDENTIALS. I AGREE THAT IF I GIVE MY CREDENTIALS TO SOMEONE ELSE TO USE, I AM AUTHORIZING THEM TO ACT ON MY BEHALF AND I WILL BE RESPONSIBLE FOR ANY USE OF THE CODES BY THEM AT ANYTIME.

Liability for Unauthorized Transactions

I agree to contact the Bank at once if I believe the Login Code issued to me has been lost or stolen. I also agree that if my monthly statement shows transactions which I did not make, and I do not contact the Bank within 60 days after the statement was mailed to me, I risk the return of lost funds. I understand that if I believe an unauthorized transfer from any of my accounts has occurred, I will contact the Bank by writing, calling or e-mailing the Bank at:

FREEDOM BANK
530 9TH ST W
COLUMBIA FALLS, MT 59912
(406) 892-1776
info@freedombankmt.com

Charges

I agree to pay the charges or transaction fees, which are charged by the Bank for these services or for services which may later be offered as such fees or charges and may be imposed or changed from time to time.

Amendment of this Agreement

I agree that from time to time the Bank may amend or change the terms of this Agreement including amendments or changes to add further online services or to amend or change the charges for these services. The Bank may do so by notifying me in writing of such amendments or changes and my use of Internet Banking after the effective date of any such amendment or change shall constitute my acceptance of and agreement to such amendment or change.

Disclosure

I hereby acknowledge that I reviewed the Online Banking Agreement and Online Banking Disclosure Statement, informing me of my rights under the Electronic Fund Transfer Act.

ONLINE BANKING DISCLOSURE STATEMENT

The purpose of this Disclosure Statement is to inform you of certain rights that you have under the Electronic Fund Transfer Act (EFTA).

Please Note: In this statement, the words “you” and “your” each refer to the person who uses or is authorized to use Internet Banking services. The words “we”, “our” and “us” refer to Freedom Bank.

Internet Banking Services

You may access our Internet Banking service using the personal Credentials that we issue to you and conduct the following transactions:

Transfer funds between:

  • your Checking account(s)
  • your Savings account(s)

Obtain the available balance(s) in:

  • your Checking account(s)
  • your Savings account(s)
  • your Loan(s)
  • your Certificate(s) of Deposit/IRA(s)

Obtain the current balance(s):

  • your Checking account(s)
  • your Savings account(s)
  • your Loan(s)
  • your Certificate(s) of Deposit/IRA(s)

Obtain transaction history from:

  • your Checking account(s)
  • your Savings account(s)
  • your Loan(s)
  • your Certificate(s) of Deposit/IRA(s)

Banking Services

The Online Banking service is available 24 hours a day, 7 days a week. However, the Bank only processes transactions and updates information on business days. The online transfer business days are Monday through Friday, up to or until 7:00 pm. Transfers made on weekends, holidays, scheduled in advance, or after 7:00 pm will be processed on the next business day.

Identification Number and Password

Access to Internet Banking may be made by personal computer or mobile device. Access requires the use of a unique login and password (collectively, the “Credentials”) assigned by the Bank. Your use of Internet Banking with the Login Code authorized by us will be deemed by us to be valid and authentic and you agree that any communications to us under your Login Code will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid, and you will not contest the validity of the originals, absent proof of altered data or tampering.

Lost or Stolen Credentials

If you believe your Password or other means of access have been lost or stolen or that someone has used them without your authorization, immediately change your Internet Banking Password by accessing the Change Password option. To change your username, you will have to contact us immediately by writing, calling or e-mailing us at:

FREEDOM BANK
530 9TH ST W
COLUMBIA FALLS, MT 59912
(406) 892-1776
info@FreedomBankMT.com

Include in the message your name, address, telephone number, and a brief description of the problem. All e-mail requests will be answered by close of the next business day.

Charges for Transactions

We reserve the right to change our fee schedule from time to time and to charge your account, in accordance with the fee schedule that will be provided to you, prior to assessment.

Record of Transaction

You will receive a monthly statement showing the status of your account(s), transactions made during the past month, and any charges, which we may impose, for such services or transactions.

Liability for Unauthorized Transfers/Transactions

Tell us AT ONCE if you believe your Online Banking Credentials have been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period if we can show that we could have stopped the transaction(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

When you give someone your Online Banking Credentials, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions.

Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

Your Liability

You agree to the terms of this Online Banking Disclosure and the schedule of fees that may be imposed. You authorize us to deduct these fees as accrued directly from your account balance. You are liable for all transactions that you authorize. If you have given someone your Internet Banking Credentials or other means of access and want to terminate that person’s authority, you must change your username and password and make the Bank aware of your intentions in writing.

Account Restrictions

Your name must appear in the legal title to make transfers between accounts. You may not transfer between accounts with legal or signature restrictions. However, an account(s) may be viewed if you are an authorized signer on the account(s).

Limits on Online Banking Transactions

All transactions performed through our Online Service will be considered a Pre-authorized Electronic Funds Transfer.

Our Liability for Failure to Complete Payments or Transfers

If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages caused by our failure unless:

  • The account has been closed or is not in good standing.
  • Your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
  • You have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
  • You do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
  • You do not instruct us soon enough for your payment or transfer to be received and credited by the time it’s due.
  • The funds in the account from which a payment or transfer is to be made are subject to legal process or other claims restrict the transaction.
  • Circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
  • There are insufficient funds in your account to complete the transaction.
  • We have reason to believe that the transaction requested is unauthorized.
  • The failure was caused by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control.

In any case, we shall only be liable for actual proven damages if the failure to make the transactions resulted from a bona fide error despite our procedures to avoid such error.

Change of Terms

We reserve the right to amend or terminate the services offered from time to time and we will notify you a minimum of 30 days prior to any change by written notice to your last known address.

Waiver of Agreement

Any waiver of any term of this Agreement by us on occasion will not prevent us from asserting our rights to these terms in the future.

Termination

You may terminate the Agreement and your Online Banking Service at any time upon giving written notice of the termination to us. If you terminate, you authorize us to continue making transfers and bill payments you have previously authorized until we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers or payments from your account. If we terminate your use of your subscribed Online Service, we reserve the right to make no further transfers or payments from your account, including any transaction you have previously authorized.

Disclosure of Account Information

We will disclose information about your account or the transactions you make to third parties:

  • Where it is necessary to complete transactions.
  • To verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau; in accordance with your written permission.
  • In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports; and/or on receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

Deposit Account Disclosures

Our Policy and Pricing Guide and Terms and Conditions on Deposit Accounts are available at:

FREEDOM BANK
530 9th ST W
COLUMBIA FALLS, MT 59912
(406) 892-1776
info@freedombankmt.com

A FULL-SERVICE BANK – ACCOUNTS INSURED TO $250,000.00 BY FDIC.

MOBILE BANKING ADDENDUM TO ONLINE BANKING AGREEMENT

This is an addendum to the Online Banking Agreement (“Agreement”) and sets forth the additional terms and conditions for use of the Mobile Banking Services (“Mobile App”) offered through Freedom Bank to you. Except where modified by this Addendum, the Online Banking Agreement remains in effect. Terms defined in the Agreement that are not defined in the Addendum have the same meaning here. This Addendum and the Agreement constitute the entire agreement between us and you relating to Mobile Banking, supersede any other agreements relating to Mobile Banking, and may only be amended as provided in the Agreement. If there is a conflict between Agreement and this Addendum, the terms in this Addendum will govern your use of Mobile Banking.

ACCEPTANCE OF ADDENDUM

Accepting this Addendum

By clicking “I Agree” when you register for Mobile Banking Services (“Mobile App”) or by using the Mobile Banking Services, you agree to the terms and conditions of this Addendum.

Description of Services

Mobile Banking is a personal financial information management service that allows you to:

  1. Access Freedom Bank account information such as balances and recent transaction history;
  2. Transfer funds between your accounts at Freedom Bank;
  3. Make payments to merchants and individuals through our online bill pay service; and
  4. Make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.

Not all Mobile Banking Services are available on all types of mobile devices or for all accounts.

We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

Use of Services

You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any instructions that may be delivered to you from the Bank. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”).

From time to time we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.

Relationship to Other Agreements

You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us. You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.

Mobile Banking Software License Agreement

License

Subject to any compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install, and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device.

License Restrictions/Revocation

This License shall be revoked immediately upon any of the following conditions:

  1. your termination of Mobile Banking;
  2. your deletion of the Software from your Wireless Device;
  3. your noncompliance with this Addendum; and/or
  4. written notice to you at any time, with or without cause.

In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Addendum.

Your Obligations

When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:

Account Ownership/Accurate Information

You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by SMS text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services. You agree to use Mobile Banking carefully, to keep your password confidential and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at (406) 892-1776, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the Mobile Banking Services.

No Commercial Use or Re-Sale

You agree that the Mobile Banking Services are for personal use only. You agree not to resell or make commercial use of Mobile Banking Services.

Indemnification

You agree to indemnify, defend, and hold us and our service providers harmless from and against any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state, or local law, regulation, or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.

Charges for the Service

You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. We will advise you of any fee changes prior to implementing them. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.

Additional Provisions

Mobile Banking Services Limitations

Neither we, nor any of our service providers, can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings, or other Mobile Banking interruptions.

Neither we, nor any of our service providers, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.

Neither we, nor any of our service providers, assume responsibility for the operation, security, functionality, or availability of any Wireless Device or mobile network that you utilize to access Mobile Banking.

You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.

Information about activity is synchronized between the Mobile Banking software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our Website. Information available directly through our Website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information. The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Changes or Cancellation

You may cancel your participation in Mobile Banking by calling us at (406) 892-1776. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

Use of Data

We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).

Third Party Beneficiary

You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.

Limitations and Warranty Disclaimers

WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE MOBILE BANKING SERVICES OR OTHERWISE IN CONNECTION WITH THIS ADDENDUM, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE OR OUR SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED, OR HAVE REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE BANKING REGULATIONS, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US OR OUR SERVICE PROVIDERS TO YOU IN CONNECTION WITH THE MOBILE BANKING SERVICES OR OTHERWISE UNDER THIS ADDENDUM EXCEED $5,000.

FREEDOM BANK MOBILE DEPOSIT AGREEMENT

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING:

This Mobile Deposit Agreement (the “Agreement”) is entered into by Freedom Bank (the “Financial Institution”, “Bank, “we”, “us” or “our”) and you (the “Consumer”, “Customer”, or “you”). The Agreement governs your use of the Mobile Deposit Service offered by Freedom Bank (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement:

Description of Service

Mobile Deposit allows you to deposit money into certain Freedom Bank accounts with your mobile device camera using the Mobile Application or “Mobile App”. To use Mobile Deposit, you must be a Freedom Bank account holder and have agreed to the Online Banking Agreement. You may transmit deposits to us electronically only from a mobile capture device located in the United States.

Fees

Depending on the type of account(s) you have with Freedom Bank, there may be a fee to use this service. If applicable, you agree to pay the fee for the Service as set forth in our fee schedule and as may be changed from time to time. Message and data rates may apply from your Internet Service Provider or Mobile Carrier.

If a check that was deposited with Service is returned to the Bank for any reason, such as for nonsufficient funds, you agree that we may charge your account for any returned item fees as listed in the Services and Fees Schedule.

Equipment

To use Mobile Deposit, you must have a supported mobile device, such as a smartphone or tablet that is compatible with the Mobile App and has a camera and a supported operating system. You must have a data plan or internet connection for your mobile device and have downloaded the Mobile App to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service.

Types of Checks

The Bank reserves the right to reject any deposit for any reason, but specifically, the following items are not eligible for deposit with the Service:

  1. Checks drawn on the Bank account to which you are depositing;
  2. Checks containing an alteration on the front of the check, which you know or suspect is fraudulent, or is otherwise not authorized by the owner of the account;
  3. Checks that are not dated, or are post-dated, or are greater than 180 days old;
  4. Checks previously returned as unpaid;
  5. Third party checks (checks originally made payable to a party other than you);
  6. Checks that are payable jointly, unless deposited into an account in the name of all payees;
  7. Checks that are not payable in U.S. currency;
  8. Checks or items on which a stop payment has been issued or for which there are insufficient funds;
  9. S. Treasury Checks;
  10. Checks drawn on banks located outside of the United States;
  11. Money orders, savings bonds, credit card cash advance checks, or traveler’s checks;
  12. Checks authorized over the phone and created remotely;
  13. Checks with any endorsement on the back other than that specified in this Agreement;
  14. Images of checks that never existed in paper form;
  15. Checks that have previously been submitted or deposited through the Service or through a remote deposit capture service offered at any other financial institution; and
  16. Checks previously submitted for deposit and returned;

Receipt of Deposits

You agree to restrictively endorse any Eligible Check transmitted through the Service as instructed by Freedom Bank. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. Freedom Bank is not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive.

Cut-Off Times for Deposits

Deposits sent using Mobile Deposit may be “submitted” any time of day, weekend, or holiday. However, deposits received by us after the daily cut-off time for electronic deposits will be deposited the next business day, provided that the deposit meets all requirements. Deposits submitted on holidays or weekends will also be deposited the next business day, provided it meets all requirements. The daily cut-off time for electronic deposits is 4:00 PM Mountain Time (Standard or Daylight, as applicable) and is subject to change without notice to you.

Availability of Funds Deposited

For purposes of determining the availability of funds deposited via the Service, you agree that checks transmitted through the Service are classified as “not in-person deposits” as defined in Regulation CC. In general, if an image of a check you transmit through the Service is received and accepted before 4:00 PM Mountain Time (Standard or Daylight, as applicable) 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. Funds deposited using the Service will generally be made available in two business days from the day of deposit. The Bank may make funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the Bank, in its sole discretion, deems relevant.

The front and back images of an item transmitted to us must be legible. Items with poor image quality may delay the deposit process, and you may be instructed to deposit the check using other methods. You agree that we shall not be liable for any damages resulting from items with poor image quality, including those related to rejection of, or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check or item.

Errors

You must notify us of any errors, or suspected errors, related to the items deposited through the Service as soon as possible after they occur, and in no event later than 60 days after the related account statement is sent. You can contact us by calling 406-892-1776 or by visiting our office. Unless you notify us within 60 days, the account statement containing the deposits made through the Services is deemed correct, and you cannot bring a claim against us for any alleged errors.

Deposit Limits

We may establish limits on the number of checks and/or the total amount of checks deposited using Mobile Deposit. These limits may change from time to time without notice. Items transmitted that exceed your limits may result in a rejection of the deposit.

Destruction of Original Check

Upon confirming that you received full credit for the check deposited, you must destroy the check by shredding or other means, or clearly mark “VOID” on the front and back of the check. This prevents the check from being presented for deposit another time. You agree never to re-present to us or any other party a check or item that has been deposited through the Service. You will be liable for checks that are presented and/or deposited more than once.

Indemnity

You warrant to Freedom Bank that:

  1. You will only transmit eligible checks and items that you are entitled to, and you ensure that all checks and items include all required signatures and endorsements;
  2. Images will meet Freedom Bank’s image quality standards;
  3. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party;
  4. You will not deposit or re-present the original check for deposit;
  5. All information you provide to us is accurate and true, and that all transmitted images accurately reflect the front and back of the check;
  6. You will comply with this Agreement and all applicable rules, laws and regulations;
  7. You will use the Services only for your own deposits; and
  8. You agree to indemnify and hold harmless Freedom Bank from any loss for breach of this warranty provision or the terms of this Agreement.

Security of Your Mobile Device

You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used by you to access the Service, and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service. You agree not to supply your access information to anyone and to immediately notify us if you become aware of any loss, theft or unauthorized use of any access information, including your Mobile Devices. We reserve the right to deny you access to the Service if we believe that any loss, theft, or unauthorized use of access information has occurred.

Limitations

When using Mobile Deposit, you may experience technical or other difficulties that are outside the control of Freedom Bank. We are not responsible for damages that you may incur as a result of these difficulties or unavailability of the Service.

Changes to the Service

We reserve the right to terminate, modify, add features, and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.

Termination

We may turn off the Service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items, or for other reasons at our sole discretion.

Ownership and License

You agree that Freedom Bank and its Third Party Service Providers, including Fiserv Solutions, Inc., retain all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the Mobile App. You may use the Service only for your own benefit. 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. In the event that you attempt to use, copy, license, sublicense, sell, or otherwise convey or to disclose the Mobile App or any other part of the Service, in any manner contrary to the terms of this Addendum, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.

Third Party Beneficiary

You agree that our Third Party Service Providers, including Fiserv Solutions, Inc., may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.

Liability

WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, MOBILE APP, EQUIPMENT, OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL FREEDOM BANK NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS ADDENDUM, THE MOBILE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL, OR INCIDENTAL, OR CONSEQUENTIAL DAMAGES, FREEDOM BANK AND OUR THIRD PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

FREEDOM BANK ALERTS TERMS AND CONDITIONS

Your enrollment in Freedom Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Freedom Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Freedom Bank reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery

We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Freedom Bank Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message

To stop alerts via text message, text “STOP” to 25215 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Freedom Bank Online Banking.  For help with SMS text alerts, text “HELP” to 25215 . In case of questions please contact customer service at 406-892-1776. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations

Freedom Bank provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Freedom Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Freedom Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information

As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.