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Five Points Bank Digital Banking Terms & Conditions

Thank you for using the Mobile Money Services (Services) and any related Software (Software) provided by Five Points Bank combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and BillPay services of which the Service is a part. Five Points Bank in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

Terms and Conditions:

Program: Five Points Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS). Enrollment requires identification of the user's banking relationship with Five Points Bank as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.

Questions: You can contact us at www.5pointsbank.com or [1-800-576-4687], or send a text message with the word "HELP" to this number: [72080]. We can answer any questions you have about the program.

To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 72080. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Five Points Bank or any service provider Privacy and User Information. You acknowledge that in connection with your use of the Services, Five Points Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively User Information). The Five Points Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Five Points Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use.

You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, spam, and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:

(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;

(ii) material that infringes or violates any third party intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;

(iii) material or data, that is illegal, or material or data, as determined by Five Points Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Five Points Bank or any third-party service provider involved in the provision of the Services; or

(iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;

(v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

(vi) any material or information that is false, misleading, or inaccurate;

(vii) any material that would expose Five Points Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or

(viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to:

(i) access any Software or Services for which your use has not been authorized; or

(ii) use or attempt to use a third-party account; or

(iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software. Five Points Bank Mobile Services Addendum To Five Points Internet Banking Agreement This Five Points Bank Mobile Services Addendum (this Addendum) is an addendum to the Five Points Bank Internet Banking Agreement with current and/or future services provided by Internet Banking and sets forth the additional terms and conditions for use of Mobile Services offered through Five Points Bank (we, our, us) to the customer (you, your). Except where modified by this Addendum, the Five Points Bank Internet Banking Agreement with current and/or future services provided by Internet Banking and remain in full force and effect. This Addendum and the Five Points Bank Internet Banking Agreement with current and/or future services provided by Internet Banking and will 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 by a subsequent written agreement signed by each of us. If there is a conflict between the Five Points Bank Internet Banking Agreement with current and/or future services provided by Internet Banking and this Addendum, the terms in this Addendum will govern your use of Mobile Banking and the Five Points Bank Internet Banking Agreement with current and/or future services provided by Internet Banking will govern all other aspects of your deposit account relationship with us.

I. ACCEPTANCE OF ADDENDUM.

Accepting this Addendum. By clicking I Agree when you register for Mobile Banking or by using Mobile Banking in any manner, you accept and agree to the terms and conditions of this Addendum without the need for any further action by us or you.

Description of Services. Mobile Banking is a financial information management service that allows you to access Five Points account information, make payments to persons and/or merchants using our online banking services and make such other banking transactions as are more fully described on the Mobile Banking registration and management website using compatible and supported mobile phones and/or other compatible and supported wireless devices (such phones and devices hereinafter referred to as, Wireless Devices). We reserve the right to modify the scope of the Mobile Banking at any time in our sole and absolute discretion. 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 and that we will not incur any liability or obligation to you as a result of any such inaccessibility or limited utility. The most up-to-date list of services that you may be able to access through Mobile Banking is posted on the Mobile Banking registration and management website at www.5pointsbank.com. When you properly register for Mobile Banking in accordance with the registration requirements for Mobile Banking, designated accounts and payees (or billers) linked to your Online Banking account will be accessible through the Mobile Banking Services.

Use of Services. Mobile Banking will not work unless you use it properly. You accept sole responsibility for making sure that you fully understand how to use Mobile Banking before you actually do so, and that you always use Mobile Banking in accordance with the online tutorials posted on our Web site. You also accept sole responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (Software). We may change or upgrade Mobile Banking from time to time for any reason in our sole and absolute discretion. In the event of such changes or upgrades, you are solely responsible for making sure that you understand how to use Mobile Banking as changed or upgraded. You hereby acknowledge and agree that in no event will we be liable or obligated to you in any manner for any losses, damages, delays or any other adverse consequences caused in whole or in part by your failure to properly use, or your negligence in the use of, 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 and our affiliates. 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, 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.

II. 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-sublicensable and non-assignable license (License) to download, install and use the Software on your Wireless Device within the United States. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Software to that new or different Wireless Device and we will not be responsible in any manner for any damages that you suffer as a failure to do so.

License Restrictions/Revocation This License shall be deemed immediately revoked upon (i) your termination of Mobile Banking in accordance with Section V.B of this Addendum; (ii) your deletion of the Software from your Wireless Device; (iii) your noncompliance in any manner with this Addendum; or (iv) written notice from us to you at any time, with or without cause, in our sole and absolute discretion. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device. 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. The provisions of Sections I.A, I.C, I.D, II.B, III, IV and V of this Addendum shall survive revocation of the License.

III. 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 all other financial information which 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 in all respects and that you have the right to provide information to us. You also agree not to misrepresent your identify or your account information in any manner. You agree to keep your account information up to date, accurate and complete in all respects. You agree that we and our service providers may send you, by text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity for you to opt-out), including without limitation, welcome messages, information and requests for information relating to the use of Mobile Banking. You agree to use Mobile Banking carefully and in compliance in all respects with the rules and regulations established by us for Mobile Banking, 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 our Customer Service Department at 308-384-5350 or 800-576-4687, and to immediately cancel your participation in Mobile Banking as set out in Section V.B below if you observe any material errors in Mobile Banking.

Location-Based Information. If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you must cease using all location-based features of Mobile Banking.

Export Control. You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country such as Cuba, Iran, North Korea, Sudan, and Syria.

Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.

User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would:

  • (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software;
  • (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity;
  • (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • (d) be false, misleading or inaccurate in any manner;
  • (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers;
  • (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • (g) potentially be perceived as illegal, offensive or objectionable;
  • (h) interfere with or disrupt computer networks connected to Mobile Banking;
  • (i) interfere with or disrupt the use of Mobile Banking by any other user; or
  • (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

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.

Indemnification. You agree to indemnify, defend, and hold us and our affiliates and 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 any 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. You hereby release us and our affiliates from any liability or obligation as a result of your use of Mobile Banking other than any liability or obligation caused solely by our (or our affiliates) gross negligence or willful misconduct.

IV. 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 by us in our sole and absolute discretion. You authorize us to automatically charge your account without any additional notice to you 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 the fee schedule and authorize us to automatically charge your account for all such fees without any additional notice to you.

V. ADDITIONAL PROVISIONS.

Mobile Banking Services Limitations.

Neither we nor 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 and you hereby agree that neither we nor our service providers will be liable to you in any manner as a result of such loss of data, personalization settings or other Mobile Banking interruptions. Neither we nor any of our service providers assumes any responsibility, liability or obligation for any disclosure of account information to third parties or 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 assumes any responsibility, liability or obligation for the operation, security, functionality or availability of any Wireless Device or mobile network which 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. Neither we nor any of our service providers assumes any responsibility, liability or obligation in connection with your failure to comply with this Section V.A.3.

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 than 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 in any manner responsible or liable for any 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 responsible, liable or in any way obligated 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 at any time by logging onto your Internet Banking, clicking Options and deactivating all your devices. We reserve the right to change or cancel Mobile Banking at any time in our sole and absolute discretion without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason in our sole and absolute discretion, including but not limited to, your non-use of Mobile Banking. You agree that we will not be responsible, liable or in any way obligated 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 Mobile Banking 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, goodwill, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. 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 Mobile Banking or otherwise under this Addendum exceed $5,000.

Disputes. Any controversy or claim arising out of or relating to Mobile Banking or this Addendum, or the breach thereof, shall be settled exclusively in the manner set forth in the Five Points Bank Internet Agreement with current and/or future services provided through Internet Banking.

Severability If any provision of this Addendum is declared invalid by a court or other tribunal of competent jurisdiction, except to the extent set forth in the Disputes section above, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provision of this Addendum shall be valid and enforceable to the fullest extent permitted by applicable law. Touch ID for Mobile Banking. Touch ID is an optional fingerprint sign-in method for Five Points Bank Mobile Banking that is currently available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only and Five Points Bank never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Five Points Bank Mobile Banking. Five Points Bank reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within Five Points Bank Mobile Banking. Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for Five Points Bank Mobile Banking is only available on compatible iOS devices. Card Controls Additional Terms. The following supplemental Terms of Use (Supplement) applies to the card controls feature (Card Controls) within the Mobile Banking mobile application (Mobile Banking App), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

1. The Card Controls feature is only available for debit cards issued by Five Points Bank that you register within the Mobile Banking App.

2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Five Points Bank to discontinue the alerts and controls.

3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchants registered address.

4. Card Controls may enable access to Five Points Bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.

5. To the extent this Mobile Banking App allows you to access third party services, Five Points Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.

6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.

7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Five Points Bank Alerts Terms and Conditions The following Alerts terms and conditions ("Alerts Terms of Use") only apply to the Alerts feature (as defined below). If Alerts are not available to you, then this Alerts Terms of Use does not apply. To the extent there is any conflict between the terms of the Agreement and this Alerts Terms of Use with respect to Alerts, then the terms in this Alerts Terms of Use shall apply. Alerts. Your enrollment in Five Points 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 Five Points Bank account(s). Alerts are provided within the following categories: Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts. Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the More menu within Five Points Bank Mobile Banking. Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. 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. Five Points 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 Five Points Bank Online Banking message in-box, by an e-mail message.

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 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 99588 at any time. 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 Five Points Bank Online Banking and click the box next to your mobile number for the Alerts you would like to receive again. For help with SMS text alerts, text HELP to 99588. In case of questions please contact customer service at 1-800-576-4687. Our participating carriers include (but are not limited to) AT&T, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, MetroPCS. Limitations. Five Points 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 Five Points Bank control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Five Points Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorney 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.

Privacy and User Information Data Analytics.

You acknowledge that in connection with your use of Mobile Banking, Five Points Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Five Points Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Fingerprint Login for Mobile Banking Fingerprint Login is an optional fingerprint sign-in method for Five Points Bank Mobile Banking that may be available for certain Android mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and Five Points Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Five Points Bank Mobile Banking. Five Points Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within Five Points Bank Mobile Banking. Android is a trademark of Google Inc. Card Management Additional Terms The card management feature is offered by Five Points Bank (referred to herein as Card Control, us, we or our) for use by Five Points Bank cardholders. Five Points Bank card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled Five Points Bankcard(s) via the card management feature. Those activities may include the ability to but not limited to: Register the card, Activate and deactivate the card, Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (Controls)Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (Alerts) View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information) Report Your card as lost or stolen Review Your spending by merchant type and/or by month, View a list of merchants storing Your card information for recurring or card-on-file payments The card management feature may enable access to Five Points Bank and third parties services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the card management feature allows You to access third party services, Five Points Bank and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You. You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by Your mobile provider for the transmission and receipt of messages and Alerts. Five Points Bank reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in Five Points Banks card management feature. Availability/Interruption. You acknowledge that the actual time between occurrence of an event (Event) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (Notification) is dependent on a number of factors including, without limitation, your wireless service and coverage within the area in which You are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, Commands) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to Your mobile device in all areas. If You registered to receive Notifications to Your mobile device, the card management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions. Five Points Bank does not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchants registered address. You acknowledge and agree that neither Five Points Bank nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither Five Points Bank nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area. Five Points Bank, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.

 

 

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