Mobile Banking Services End User Agreement

Effective March 26, 2017

This Mobile Banking Services End User Agreement ("Agreement") governs your use of the Mobile Banking Services (defined below) provided to you by City National Bank, a national banking association ("City National Bank" or "CNB").

1. GENERAL

For purposes of this Agreement, Mobile Banking Service means collectively the features and financial services that CNB makes available, and to which you have access, using a wireless device such as a cell phone, smartphone, personal digital assistant or tablet computer ("Wireless Device") in connection with an established CNB deposit or credit account enabled for the Mobile Banking Service ("Eligible Account"). The Mobile Banking Service is accessible by means of the downloadable City National mobile banking application, with certain services also available through a mobile browser or by SMS text.

Your use of the Mobile Banking Service is subject to this Agreement and to the following, all of which are considered part of this Agreement:

  • The City National Online® Access Agreement & Disclosure;
  • The Terms and Conditions of Use for the CNB website, cnb.com (the "Website");
  • The terms or instructions appearing on the Website and elsewhere when enrolling for, activating, accessing, or using the Mobile Banking Service;
  • CNB's rules, procedures and policies, as amended from time to time, that apply to the Mobile Banking Service or any Eligible Account;
  • Current rules and regulations, if any, of any funds transfer system or payment system used in connection with an Eligible Account; and
  • State and federal laws and regulations, as applicable.

In addition, each Eligible Account will continue to be subject to any separate agreement applicable to such Eligible Account, including, but not limited to, the CNB Account Agreement and Disclosures, applicable Fee Schedule, Consumer or Business Electronic Fund Transfer Agreement and Disclosures, as applicable, and any amendments thereto. If this Agreement conflicts with a separate agreement to which an Eligible Account is subject, this Agreement will control and take precedence unless this Agreement expressly states otherwise.

CNB reserves the right to amend the terms and conditions of the Mobile Banking Service described in this Agreement from time to time. 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.

2.  FEATURES AND SERVICES AVAILABLE

The following features and financial services may be accessed using the Mobile Banking Service, subject to the terms of this Agreement:

  • Locate a CNB banking office or ATM
  • View Eligible Account balance and recent transactions
  • Transfer funds between Eligible Accounts
  • Make bill payments
  • Deposit checks using City National FASTdeposit®
  • Make a payment to a CNB credit card account
  • SMS text banking

CNB reserves the right, at its discretion, to add, modify, or discontinue the Mobile Banking Service or any of the Mobile Banking Service features and financial services, and to add or delete the types of accounts that may be Eligible Accounts. Notice of such changes will be provided as required by law or regulation.

3. LICENSE AND USE OF THE DOWNLOADABLE CITY NATIONAL MOBILE BANKING APPLICATION

  • Ownership. You acknowledge and agree that a third party provider or licensor to CNB ("Licensor") is the owner of all right, title and interest in and to the downloaded software used to access the Mobile Banking Services from CNB and the computer programs contained therein as well as any accompanying user documentation and 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").
  • 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.
  • 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.
  • 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.
  • 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.

4. FUNDS TRANFERS

You may use the Mobile Banking Service to transfer funds between Eligible Accounts. Funds transfers made using the Mobile Banking Service are single transfers and may not be scheduled in advance or established to occur on a recurring basis. For additional information, please refer to the City National Online Access Agreement & Disclosure.

5. BILL PAYMENTS

You may use the Mobile Banking Service to schedule a one-time bill payment to a payee that you have previously established in City National Online to receive bill payments. Bill payments scheduled using the Mobile Banking Service are limited to single payments and may not be scheduled as recurring payments. For additional information, please refer to the City National Online Access Agreement & Disclosure.

6. CHECK DEPOSITS

CNB’s mobile check deposit service, City National FASTdeposit ® ("FASTdeposit"), allows you to make check deposits to an Eligible Account through the downloadable City National mobile banking application, using a supported Wireless Device. FASTdeposit enables you to photograph the front and back of an original paper check ("Original Check") and electronically submit the check images ("Check Images") and associated deposit information to CNB for deposit into an Eligible Account for collection thereafter by CNB. Use of FASTdeposit is subject to the following terms and conditions:

  • Limits. CNB reserves the right to limit the frequency and dollar amount of deposits submitted through FASTdeposit and will establish such limits for you ("Deposit Limits"). If you exceed your Deposit Limits, CNB may in its sole discretion accept or refuse the deposit. If at any time CNB accepts a FASTdeposit that exceeds your Deposit Limits, CNB is under no obligation to do so in the future. CNB may at any time in its sole discretion raise or lower your Deposit Limits without notice.
  • Deposit Processing. Generally, a FASTdeposit received by CNB prior to 7:00 p.m. Pacific Time (PT) is processed on the Business Day of receipt. For purposes of this Agreement, Business Day means any day other than Saturdays, Sundays, and state or federal holidays when CNB is closed to the public. Any FASTdeposit received after 7:00 p.m. PT on a Business Day or on a day other than a Business Day will be processed the next Business Day. CNB will acknowledge your deposit submission and will notify you if a FASTdeposit cannot be accepted for deposit. Acknowledgment that a FASTdeposit has been successfully submitted does not mean that the FASTdeposit can be processed and credited to your Eligible Account.
  • Confirmation. CNB will send you an email to confirm that your FASTdeposit is being processed. CNB will send an email notice to you if your deposit is rejected in whole or in part. You may verify the amount of the FASTdeposit credited to your account by reviewing your statement online or by calling CNB at (800) 773-7100, option 3.
  • Delayed Availability. CNB reserves the right to delay the availability of funds deposited through FASTdeposit in accordance with CNB's published Funds Availability Policy. You will be notified of any delay in the availability of funds as required by law or regulation.
  • Permissible Deposits. You may use FASTdeposit to photograph only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Eligible Account with CNB. All other items may be deposited by alternate methods such as in person or by ATM.
  • Ineligible Check Images. CNB is not obligated to accept for deposit any Check Images that CNB in its sole discretion determines to be ineligible for FASTdeposit. Ineligible items include, without limitation: 1) items drawn on banks located outside the United States; 2) illegible items; 3) checks previously converted to substitute checks or image replacement documents; and 4) checks with unreadable bank routing and account information.  You acknowledge and agree that even if CNB does not identify a Check Image as ineligible, the Check Image may be returned to CNB because, among other reasons, the Check Image or any substitute check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. CNB's failure to identify a Check Image you transmit to CNB as ineligible shall not relieve you or limit your obligations with respect to the Original Check.
  • Destruction of Original Checks. You agree to fully destroy each Original Check within thirty (30) days following receipt and crediting of your FASTdeposit or as CNB may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You are responsible if an Original Check is misused or redeposited following submission through FASTdeposit.
  • Representations and Warranties. You make the following representations and warranties:
    • You shall not alter any Original Check or Check Image and shall review the Check Images to ensure that they accurately represent all of the information on the front and the back of the Original Check, as applicable, at the time you photographed it.
    • You shall destroy Original Checks as stated above.
    • You shall not submit to CNB or to any other person or entity for deposit or credit any Original Check if Check Images of the Original Check have already been accepted for deposit into your Eligible Account, or if the Original Check was previously accepted by any other person or entity for deposit.
    • You shall not deposit into your Eligible Account with CNB or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a FASTdeposit to CNB, unless following receipt of your submission, CNB notifies you that the Check Images are ineligible for FASTdeposit or any substitute check created from the Original Check is refused by the financial institution upon which it is drawn.
    • You shall indemnify, defend, and hold CNB and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Images, substitute check, or Original Check processed through FASTdeposit as described above.
    • You shall use FASTdeposit only for your use in accordance with the terms of this Agreement. You shall not make FASTdeposit available or transfer your rights to use FASTdeposit for the benefit of any third party.
  • Limitation of Liability. CNB's ability to provide FASTdeposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and CNB's response. CNB shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of FASTdeposit, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within CNB's control.
  • Business Accounts. By using FASTdeposit to access an Eligible Account that is a business account, you are responsible for any unauthorized use of FASTdeposit and any loss or damages incurred due to the unauthorized access to your business accounts.  If any person authorized access through FASTdeposit to conduct transactions on any business account is no longer authorized, it is your responsibility to notify CNB. CNB shall not be liable or responsible to you for any transactions conducted on a business account by any person whose authority to conduct transactions is no longer in effect until CNB is expressly notified.
  • Fees and Charges. All fees and charges related to any Account you access with FASTdeposit as stated in the Fee Schedule applicable for the Eligible Account will remain in effect when using FASTdeposit.

7. SMS TEXT BANKING

  • General. SMS text banking allows you to view account balance and transaction history for Eligible Accounts using a Wireless Device through your wireless carrier's text plan. To use SMS Text Banking, you must first enroll through City National Online. Following enrollment, you may access account balance or transaction history by texting a command to ATCNB (28262). For a list of available commands, text "C" or "CMD" to ATCNB (28262). For help, text "HELP" to ATCNB (28262). To cancel your SMS Text Banking service, text "STOP" to ATCNB (28262) at any time. CNB will send you one text message in reply to each SMS text banking query. Message and data rates may apply. For a list of supported carriers, visit https://www.cnb.com/mobilebanking
  • Fees and Charges. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including SMS text banking.
  • Responsibilities. You and CNB are responsible for the content transmitted through the text messages sent to and from CNB. Without limiting the generality of the previous sentence, wireless carriers and other third parties are not liable for delayed or undelivered messages. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message).

8. PAYMENT TO A CITY NATIONAL BANK CREDIT CARD ACCOUNT

You may use the Mobile Banking Service to make a payment to your City National Bank personal credit card account using the downloaded City National mobile application. You may make a payment to the credit card account from your CNB checking or savings account, or you may designate a payment to be made from an account at another financial institution. A credit card payment made using the Mobile Banking Service is limited to a one-time payment. Future-dated or recurring payments may not be scheduled. Payments submitted by 2:00 p.m. PT on a Business Day will be processed that Business Day and will be reflected in the credit card account the next Business Day.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU AGREE THAT THE SOFTWARE AND THE MOBILE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SOFTWARE AND THE MOBILE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO WARRANTY IS PROVIDED THAT THE SOFTWARE OR THE MOBILE BANKING SERVICE (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE FREE FROM DEFECTS, ERRORS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE OR THE MOBILE BANKING SERVICE WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (III) THAT THE RESULTS OBTAINED FROM THE SOFTWARE OR THE MOBILE BANKING SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE OR MOBILE BANKING SERVICE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CNB, LICENSOR, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR THE MOBILE BANKING SERVICE OR FOR ANY LOSS OF DATA, 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. YOUR USE OF THE SOFTWARE AND THE MOBILE BANKING SERVICE, AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE OR THE MOBILE BANKING SERVICE, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.  IN ANY CASE, LIABILITY OF CNB, LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THIS SECTION ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR THE MOBILE BANKING SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR YOUR USE OF THE SOFTWARE OR THE MOBILE BANKING SERVICE.

10. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.