This Mobile Banking Service 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").
This Mobile Banking Service 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").
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 supported 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, through a mobile browser on a Wireless Device.
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 and which are collectively referred to herein as the "Subject Agreements:"
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 Account Agreement and Disclosures, the applicable Fee Schedule, the Consumer Electronic Fund Transfer Agreement and Disclosure or Business Electronic Fund Transfer Agreement and Disclosure, as applicable, the credit card agreement and disclosures applicable to your credit card account and any amendments thereto. If this Agreement conflicts with any of the Subject Agreements 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 (as defined in Section 3 below) in your possession or control.
The following features and financial services may be accessed using the Mobile Banking Service, subject to the terms of this Agreement. Please note that not all features and financial services described below may be available depending on the means used to access the Mobile Banking Service. For example, some features and financial services may require you to use the City National mobile application, or may only be available through a mobile browser.
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.
You may use the Mobile Banking Service to transfer funds between Eligible Accounts, (for personal accounts only) transfer funds between any eligible CNB account and other eligible accounts held by you at another financial institution, credit union or brokerage company in the United States, or (for personal accounts only) to send wire transfers. Certain 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 and the Consumer Electronic Fund Transfer Agreement and Disclosure or Business Electronic Fund Transfer Agreement and Disclosure, as applicable.
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.
CNB's mobile check deposit service ("Mobile Check Deposit"), allows you to make check deposits to an Eligible Account through the downloadable City National mobile banking application, using a supported Wireless Device. Mobile Check Deposit 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 Mobile Check Deposit is subject to the following terms and conditions:
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 located in the United States. Payments submitted by 5:00 p.m. ET on a Business Day will be processed that Business Day. Payments submitted after 5:00p.m. ET on a Business Day or on a day other than a Business Day will be processed on the next Business Day. Payments will be reflected in the credit card account the next Business Day after processing.
A. Description of Service. We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by financial institutions that have partnered with Zelle as “Network Banks.” This Section sets forth the terms and conditions (the “Zelle T&Cs”) that govern your use of City National Zelle (the “Service”) provided by CNB.
B. Eligibility Requirements and Representations and Warranties. In order to use the Service, you must satisfy the following eligibility requirements (the “Eligibility Requirements”):
If you cease to meet any or all of the Eligibility Requirements, you agree: (a) to continue to be bound by the Zelle T&Cs, (b) to immediately stop using the Service, (c) that the license provided under the Zelle T&Cs shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that CNB shall not be liable to you or any third party for termination of access to the Service or deletion of your information or account data. In addition, you may terminate this Service at any time by closing your Eligible Account, ceasing your use of the Service or uninstalling the CNB App from your mobile device.
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you represent and warrant to us each time the Service is used that: (a) you agree to be bound by the terms of the Zelle T&Cs; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under the Zelle T&Cs; (c) you have the authority to authorize debits and credits to Eligible Account; (d) the compatible mobile device you are using in connection with the Service has not been modified in any way contrary to the manufacturer’s software or hardware guidelines; (e) you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments; (f) you may not use the Service to send payments in connection with your business or commercial enterprise; (g) you are not engaging in the business of debt collection and using the Service to request or receive funds related to debt collection; (h) you will not use the Service, directly or indirectly, for any unlawful or fraudulent undertaking or in any manner so as to interfere with the use of the Service; and (i) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations.
C. Enrolling for the Service. You must satisfy all of the Eligibility Requirements. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User, subject to terms and conditions of the Section below “Sending Money; Debits by Network Banks;” and (ii) receive money from another User either at that User’s initiation or at your request, subject to the terms and conditions of the Section below titled “Receiving Money; Money Transfers by Network Banks” and “Requesting Money.”
D. Consent to Share Personal Information (Including Account Information). In connection with the Service, you acknowledge and agree that we may disclose information to third parties about your account or the funds you send or receive (a) in order to complete the transactions, (b) in connection with offering the Service, (c) in connection with the review and investigation of any claim related to the Eligible Account, the funds you send or receive, or your use of the Service, (d) to comply with applicable law or legal order, (e) as permitted by the terms of our Privacy Policy and (f) as otherwise agreed by you in writing.
E. Privacy and Information Security. Your privacy is very important to us. A copy of our Privacy Statement is available in the Privacy & Security section at cnb.com.
F. Wireless Operator Data. We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle’s Privacy Policy at www.zellepay.com/privacy-policy for how it treats your data.
G. Consent to Emails and Automated Text Messages; Obligation to Update Information. By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in the Zelle T&Cs. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Service or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
H. Receiving Money; Money Transfers by Network Banks.
I. Sending Money; Debits by Network Banks.
J. Requesting Money.
K. Transfer Limits.
L. Your Liability for Unauthorized Transfers
M. Our Liability for Failure to Complete Transfer. We may be liable to you for damages or loss you incur if we do not complete a transfer to or from the Eligible Account on time or in the correct amount according to the Zelle T&Cs. However, we are NOT responsible or liable to you in the following examples:
N. Transaction Errors. If you discover errors or have questions about your statement or any transaction:
O. Fees. We do not charge a fee for using the Service, but we do reserve the right to assess fees in connection with the Service in the future. If we do assess fees, we will provide you notice as required by the terms of the Agreement and applicable law. Please note, however, that fees may be assessed by your mobile carrier and data rates may apply. In addition, third party fees may apply if you use the Service through another Network Bank or through Zelle’s separate transfer service website or mobile app.
P. Availability. Subject to the Zelle T&Cs, the Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available at (866) 893-9291 from 4 a.m. to 9 p.m. (Pacific Time), Monday through Friday, excluding U.S. bank holidays.
Q. Termination. We may terminate or suspend this Agreement (including the Zelle T&Cs), or terminate, suspend or limit your access to use the Service, in whole or in part, at any time for any reason without prior notice, including if the Eligible Account is closed. We also reserve the right to terminate or suspend our participation in the Zelle network or with a particular financial institution at any time.
R. Limitation of Liability.
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle, to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make or for any incomplete or incorrect information you provide when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
You agree that you, not we or Zelle, are responsible for resolving any payment or other disputes that you have with any other User whom you send money to, or receive or request money from, using the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANK, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (I) THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE, INCLUDING OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ELIGIBLE ACCOUNT; (II) ANY INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY YOU OR ANY OTHER PERSON; OR (III) ANY CHARGES IMPOSED OR ACTIONS TAKEN BY ANY OTHER NETWORK BANK OR ZELLE.
IN ADDITION, UNDER NO CIRCUMSTANCES WILL BANK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ELIGIBLE ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANK AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING U.S. $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
S. No Warranties.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR PROCESSORS, OUR PROVIDERS, OUR LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE IS COMPATIBLE WITH YOUR MOBILE DEVICE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
T. Additional Terms for Zelle.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
If you have enrolled for Business Suite or Business Essentials, you may use the Mobile Banking Service to access Business Suite Mobile. On Business Suite Mobile, you are able to, among other things, locate a CNB branch or ATM, view account balances and recent transactions, transfer funds between eligible accounts at CNB, make bill payments, approve certain payments, place a stop payment on checks, and make Positive Pay decisions on checks. Your use of the Mobile Banking Service is subject to this Agreement, but services provided through Business Suite Mobile remain subject to the Treasury Management Services Disclosure and Agreement.
YOU AGREE THAT THE SOFTWARE AND THE MOBILE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) ARE 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.
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.
1. Apple and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google LLC.