The San Francisco branch is temporarily closed due to the shelter in place guidelines. The following branches are open: Campbell, Cupertino, Dublin, Fremont, Milpitas, Palo Alto, San Jose, Santa Teresa and Sunnyvale. Our branch ATMs remain operational, with the exception that we may need to temporarily restrict access to select ATMs due to local conditions.
Click here for branch locations and hours.
read these Agreements carefully before accessing or using this service. By
accessing or using the service, you agree to be bound by the terms and
conditions set forth below. If you do not wish to be bound by these terms and
conditions, you may not access or use the service.
Mobile Banking is offered as a convenience and supplemental service to our
Online Banking services. It is not intended to replace access to Online Banking
from your personal computer or other methods you use for managing your accounts
and services with us. Mobile Banking allows you to access your account
information, transfer funds, and conduct other banking transactions. To utilize
Technology Credit Union’s (Tech CU) Mobile Banking service, you must be
enrolled in Online Banking.
reserve the right to limit the types and number of accounts eligible and the
right to refuse to make any transaction you request through Mobile Banking. We
also reserve the right to modify the scope of the service at any time.
may offer additional Mobile Banking services and features in the future. Any
such added Mobile Banking services and features will be governed by this
agreement and by any terms and conditions provided to you at the time the new
Mobile Banking service or feature is added and/or at the time of enrollment for
the feature or service, if applicable. From time to time, we may amend these
terms and modify or cancel the Mobile Banking services we offer without notice,
except as may be required by law.
Banking may not be accessible or may have limited utility over some network
carriers. In addition, the service may not be supportable for all devices. The
credit union cannot guarantee and is not responsible for the availability of
data services provided by your mobile carrier, such as data outages or
"out of range" issues. Your wireless carrier may assess you fees for
data or text messaging services. Please consult your wireless plan or provider
Use of Service. You agree to accept responsibility for learning how to use
Mobile Banking in accordance with the instructions and agree that you will
contact us directly if you have any problems with Mobile Banking. We may modify
the service from time to time at our sole discretion. In the event of any
modifications, you are responsible for making sure you understand how to use
Mobile Banking as modified. You also accept responsibility for making sure that
you know how to properly use your device and we will not be liable to you for
any losses caused by your failure to properly use the service or your device.
You will not hold the Credit Union liable for any incompatibility of the
Software with your mobile device or for any loss or damage to any mobile device
which may be caused by the Software or the installation process.
Other Agreements. You agree that, when you use Mobile Banking, you remain
subject to the terms and conditions of your existing agreements the credit
union except as expressly otherwise stated herein; and with any unaffiliated
service providers, including, but not limited to, your mobile service provider
and that this agreement 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 (such as data usage
or text messaging charges imposed on you by your mobile service provider for
your use of or interaction with Mobile Banking), and you agree to be solely
responsible for all such fees, limitations and restrictions. You agree that
only your mobile service provider is responsible for its products and services.
Accordingly, you agree to resolve any problems with your provider directly
without involving us.
deposit account, loan or other banking product accessed through this service is
also subject to the Membership and Account Agreement, Electronic Funds Transfer
Agreement and Disclosure, Online Banking Agreement, Account Rate and Fee
Disclosures, and your loan agreements. You should review the account
disclosures carefully, as they may include transaction limitations and fees
which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers: Transactions in Mobile Banking are subject
to the terms and limitations disclosed in the Membership and Account Agreement,
Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee
Disclosures, and your loan agreements. You may transfer or withdrawal up to the
available balance in your account at the time of the transfer, except as
limited under this agreement or your deposit or loan agreements. The credit
union reserves the right to refuse any transaction that would draw upon
insufficient or unavailable funds, lower an account below a required balance,
or otherwise require us to increase our required reserve on the account. We may
process transfers that exceed your available balance at our discretion. If we
process the transfer and unless your overdraft protection is provided via an
Overdraft Line of Credit, you agree to cover any overdraft amount plus any
applicable fees. We may limit the type, frequency and amount of transfers for
security purposes and may change or impose the security limits without notice,
at our option. You agree to confirm the completion of each transfer in your
account balance and transaction history before withdrawing transferred funds.
You represent and agree to the following by enrolling for Mobile Banking or by
using the included services:
Account Ownership/Accurate Information. You represent that you are the legal
owner of the accounts and 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, and that
you have the right to provide such information to us for the purpose of using
Mobile Banking. You agree not to misrepresent your identity or your account
information. You agree to keep your account information up to date and
accurate. You represent that you are an authorized user of the Device you will
use to access Mobile Banking.
User Security. You agree to take every precaution to ensure the safety,
security and integrity of your account and transactions when using Mobile
Banking. You agree not to leave your Device unattended while logged into Mobile
Banking and to log off immediately at the completion of each access by you. You
agree not to provide your username, password or other access information to any
unauthorized person. If you permit other persons to use your Device, login
information, or other means to access Mobile Banking, you are responsible for
any transactions they authorize and we will not be liable for any damages
resulting to you. You agree not to use any personally identifiable information
when creating shortcuts to your Account.
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, patent, trademark, trade secret or other proprietary
rights or rights of 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; (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 Service is only for the
personal or business use of individuals authorized to access your account
information. You agree not to make any commercial use of Mobile Banking or
resell, lease, rent or distribute access to Mobile Banking.
Availability. We make no representation that any content or use of Mobile
Banking is available for use in any location in the United States or outside of
the United States.
Limitations and Warranty Disclaimers.We and our service providers disclaim all warranties relating
to Mobile Banking or otherwise in connection with this Agreement, 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 of, or had reason to know
of, the possibility of such damages.
Use of Technology Credit Union's Mobile Remote Deposit Capture (RDC) Service is
subject to approval by Technology Credit Union ("Tech CU,"
"we," "us"). If you, the account-holder, are approved for
RDC, you agree that use of RDC is subject to the following terms and
RDC allows you to make check deposits to your Tech CU savings (share), checking
(share draft) and/or money market (money market share) accounts from remote
locations scanning both sides of checks and delivering the check images and
associated deposit information to Tech CU or Tech CU's designated third party
Tech CU is not responsible for any technical difficulties you experience
attempting to use RDC.
To use Tech CU's RDC service, you must have a suitable mobile device.
When you make a successful RDC deposit, you will be notified by an in
application message. You agree that once you have received confirmation that we
have successfully processed your RDC deposit, you will clearly mark
"void" or shred or otherwise destroy the original of the item you
deposited to avoid its being deposited again. You agree to defend, indemnify
and hold Tech CU and any Tech CU third party service provider from any claims,
damages, losses, liability or expenses to which we or our service provider may
become subject as a result of an item you deposited via RDC being presented for
Users of Tech CU’s RDC service are limited to the amounts allowable for deposit
$10,000 per item
$50,000 per calendar month
Only the following items are eligible for RDC deposit: checks drawn on U.S.
financial institutions in U.S. dollars, or checks drawn on United States
Treasury, or checks drawn on any state or local government of the United
States. Checks must be payable to you and endorsed by you with the restrictive
legend, "For Mobile Deposit only to Tech CU" consistent with
the terms of the Tech CU Member Handbook applicable to the account to which the
deposit is made. You agree not to attempt to use RDC to deposit checks with any
of the following characteristics:
The check is not payable to you;ii. There is any apparent alteration to the front of the check;iii. You know or have reason to believe that the check is
fraudulent or otherwise not authorized by the owner of the account on which the
check is drawn;iv. The check is payable in a currency other than U.S. dollars;v. The check has been previously converted to a substitute check
as defined in the Expedited Funds Availability Act;vi. The check has been remotely created; vii. The date of issue of the check is more than 6 months prior
to the attempted deposit date; orviii. You have any reason to believe that the check will not be
paid by the institution on which it is drawn.
The check image transmitted via RDC must be legible and compliant with
requirements established from time to time by the American National Standards Institute,
the Board of Governors of the Federal Reserve, or any other regulatory agency,
clearinghouse or association.
We may terminate or change the terms of RDC service at any time, including but
not limited to the categories of checks we will accept for deposit via RDC or
endorsement requirements, with or without notice to you.
We may, at our sole discretion, refuse to accept any item presented for deposit
via RDC. We will notify you via the method agreed with you if we do this. We
will have no liability to you for declining to accept items presented for
deposit via RDC.
Funds from any check deposited via RDC will be available to you after final
collection from the institution on which it is drawn. Deposit by 3 p.m. on a
business day and your funds will generally be available for withdrawal by the
next business day. Holds may apply.
You agree to notify us of any errors with respect to RDC deposits within 30
days after we send you the first periodic statement on which they appear. We
will review your claim and correct any error on our part. We will not, however,
be responsible for errors asserted more than 30 days after we send you the
periodic statement on which they appear.
You agree not to copy, reproduce, distribute or create derivative works from
the content of the RDC service or to reverse engineer or reverse compile any
technology used to provide the RDC service. Tech CU and our third party service
providers, if any, retain all ownership and proprietary rights in the Services,
associated content, technology and web sites.
12. DISCLAIMER OF WARRANTIES. YOU
AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING
THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS
TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE
ACCURATE OR RELIABLE, OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE
13. LIMITATION OF LIABILITY. YOU
AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE OF THE
SERVICES, INABILITY TO USE THE SERVICES, OR TERMINATION OF THE SERVICES,
INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM
(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TECH CU HAS
BEEN INFORMED OF THE POSSIBILITY THEREOF.
Money powered by PayPal™ (when available)
can send money from your Tech CU account to another person through Tech CU's
Mobile banking. The service is powered by PayPal; you just have to specify the
recipient's email address or cell phone number. To receive money, your
recipient must have (or open a new) PayPal account. There is a limit of $500
per day and $5,000 per month for outgoing Send Money transactions. There is a
fee for Send Money transaction. Please refer to the Tech CU Fee Schedule for
the amount. The fee will be deducted from the same account on which the
transfer takes place. If sufficient funds to cover the fee are not available in
the account on which the transfer takes place, the transaction will not be
completed. Your recipient has 30 days to claim the money. After 30 days, the
money is returned to your Tech CU account; the fee is not refunded.Tech
CU is not liable if inaccurate information is entered by the user, leading to
funds not being properly received.
Technology Credit Union Card Manager
"You," "Your," and other similar terms means the person who
is an owner or authorized user on the accounts enrolled in the Card Manager
mobile application (" Card Manager"). "We", "us"
and "our" means Technology Credit Union, (“Credit Union”). “Third Party Licensors” means the third party
and its licensors that have licensed Card Manager to us to make Card Manager
The Third Party Licensors include all affiliates of the Third Party
Licensors that are involved in making Card Manager and its functionality
available to you.
of Card Manager in the United States. Such use is limited to the United States.
This Agreement, together with all updates, additional terms, software licenses,
collectively constitute the "Agreement" which is the entire agreement
between you and us concerning your use of Card Manager.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE MOBILE APP
ON YOUR MOBILE DEVICE BECAUSE BY INSTALLING OR USING THE MOBILE APP ON YOUR MOBILE
DEVICE YOU ARE AGREEING TO EACH TERM, CONDITION AND DISCLAIMER IN THIS
AGREEMENT. DO NOT INSTALL OR USE THE MOBILE APP IF YOU DO NOT AGREE TO EACH
TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT. IN ADDITION, WHEN YOU RECEIVE NOTICE OF ANY
CHANGES TO THIS AGREEMENT, YOU MUST INDICATE YOUR ACCEPTANCE TO THESE CHANGES
BEFORE USING THE MOBILE APP. IF YOU DO
NOT AGREE TO EACH TERM, CONDITION AND DISCLAIMER IN THIS AGREEMENT, YOU ARE NOT
AUTHORIZED TO DOWNLOAD OR STORE THE MOBILE APP ON ANY MOBILE DEVICE.
We may refuse access to Card Manager at any time for noncompliance with any
part of this Agreement.
Card Manager can be used on your mobile device to define controls for usage of your Credit Union debit and credit cards. You can set preferences for Alerts to be received on your mobile device when transactions using the cards you have enrolled in Card
Manager are made or attempted. You can control when and where your enrolled cards can be used as well as view and act on instant Alerts when transactions using your enrolled cards are processed, perform card management functions such as turning your
cards on/off, and perform basic mobile banking functions such as viewing transactions.
In addition to your other agreements herein and any
separate agreements between you and us concerning your debit or credit cards:
1. You represent and warrant that a) you are of sufficient legal age to install
and use Card Manager and to create binding legal obligations for any liability
you incur as a result of installing and using Card Manager, b) except as
otherwise provided by applicable law, you understand that you are financially
responsible for all uses of Card Manager by you and those who are authorized by
you to use the data and information you provide to them to enable them to use
Card Manager including, without limitation, your password, verification
information, and account information, c) you are responsible for any fees and
charges assessed by us for use of Card Manager or those associated with your
debit and credit cards, and c) you will only install and use Card Manager for
yourself and not for any other person
2. You agree that all of the information you provide in the enrollment process
and at all other times is accurate, current, complete and true.
3. You are responsible for maintaining the accuracy and confidentiality of all
information you provide when enrolling cards into Card Manager and using Card
Manager including, without limitation, your password, verification information
and card information and all transactions and other activities that occur using
Card Manager whether supplied to you by us or provided by you during the
4. You may not, and you agree not to, transfer or assign your use of, or access
to Card Manager to any third party.
5. You authorize us to provide access to your enrolled accounts through Card
6. You are responsible for any and all charges, including, but not limited to,
fees otherwise applicable to your account(s) charged by us
7. Card Manager is provided for your convenience and any
information about your accounts that you receive when using Card Manager,
including without limitation, confirmation of transactions, does not replace
your periodic account statement(s), which is the official record of your
8. You agree to indemnify, defend, and hold us and our Third Party Licensors
(defined above) and our and their respective directors, officers, employees and
agents, harmless from and against any and all claims, liability, damages, costs
and expenses, including reasonable attorney’s fees, penalties and fines that
result from or arise out of (i) your violation of this Agreement or your
unauthorized or misuse of Card Manager; (ii) transactions conducted using Card
Manager; (iii) failed, delayed, or misdirected delivery of, any information
sent using Card Manager; (iv) any errors in information sent through Card
Manager; (v) any action you may or may not take in reliance on the information
provided when using Card Manager; and (vi) any disclosure of information
provided by you including, without limitation, your account information to
third parties resulting from your use of Card Manager. Your obligation under
this paragraph shall survive termination of your use of Card Manager or this
This Agreement also governs the alerts and other information (collectively “Alerts”) you receive via push notifications delivered through Card Manager. When you are logged into Card Manager you will receive a message asking if you want to allow push
notifications by pressing “yes” or “no”. If you press “yes” for push notifications you have enabled the sending of Alerts depending on the preferences you set in Card Manager for your accounts. For example, you can set preferences to receive the
Alerts via push notifications for information relating to locations where your card is being used; international authorizations; transaction and merchant type; amounts charged to your card; changes to controls or usage for a shared card; and changes
to cardholder information. Instructions and specific information regarding how to set your preferences and Alerts available can be found within Card Manager itself. The Alerts are subject to the terms and conditions of your Internet service provider
or wireless provider. Alerts may not be encrypted. Alerts can be delivered whether or not you are logged into Card Manager and whether or not your device is locked or in sleep mode. They may include your name and account information. We cannot
guarantee timing or receipt of the Alert, as this may be affected by forces outside of our control. In the event that an Alert is delayed, or not received, we are not responsible for any related impacts. We will not charge a fee for sending Alerts
but your wireless provider or internet service provider might charge a fee depending on your plan. If you do not wish for others to see your Alerts, you should establish a passcode lock on your device, lock it when not in use, and guard the screen
on your device when it is unlocked. We may terminate the alerting service at any time. To manage Alerts including to change or turn off Alerts, you can log into Card Manager and turn off “Notifications” within Card Manager or contact our Member
Service and they will walk you through how to turn off Alerts on your mobile device. We will never send an Alert that asks you to supply any sensitive personal or financial information such as your social security number or your account number.
If you receive such requests, do not respond and contact us immediately.
Subject to your compliance with this Agreement, you are hereby granted a personal, nonexclusive, fully-revocable and nontransferable sublicense (“license”) to install, access and use Card Manager on mobile devices that you own or control in accordance
with this Agreement. This license is subject to the terms of the license for Card Manager granted to us by our Third Party Licensors. All rights not expressly granted to you by this Agreement are hereby reserved by these Third Party Licensors.
Nothing in this license entitles you to receive hard-copy documentation, technical support, telephone assistance or updates or upgrades to Card Manager. This license and Card Manager can be terminated at any time by us without notice to you and you
can terminate this license and Card Manager at any time by uninstalling Card Manager from your mobile device or stopping use of Card Manager; provided, however, that you remain responsible for transactions conducted and fees incurred using Card Manager
on the device on which it is installed, to the extent your liability is not prohibited by law. Card Manager is licensed, not sold, to you for use only under the terms of this Agreement. This license does not allow you to use
Card Manager on any device or product that you do not own or control, and you may not distribute or make Card Manager available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including
rent, lease, lend, sell, redistribute or sublicense) Card Manager. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Card Manager, any updates, or any parts of
updates, except regarding use of open source elements components included with Card Manager. Any attempt to do so is a violation of the rights of our Third Party Licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Card Manager and functionality, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Notwithstanding the foregoing, we are not obligated to upgrade Card Manager.
By using Card Manager, you acknowledge and accept that we and our Third Party Licensors may collect and use technical data and related information including, but not limited to, technical information about your mobile device, system and application software,
and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Card Manager. You understand that full use of Card Manager requires you to have a card account
This Agreement and this license are effective upon your installation of Card Manager until terminated by you or us. We may terminate or suspend Card Manager at any time and we may limit or change functionality at any time. You may terminate your use
of Card Manager at any time by deleting Card Manager from your mobile device and the services available through Card Manager will no longer be accessible to you. In addition, we may suspend or terminate your access at any time without notice to you
in the event you breach this Agreement or in the event of suspected fraud with respect to your use of Card Manager or your accounts with us. Further, any rights granted herein are subject to termination with or without notice from us if you violate
and/or fail to comply with any terms or conditions set forth herein. Once this Agreement and license are terminated, you are no longer entitled to use Card Manager and you shall cease all use of Card Manager, and destroy any legally made copies
or portions thereof of Card Manager.
Card Manager may enable access to third party services and web sites, including GPS locator websites such as Google, that allow you to find a branch. Use of the third party services may require Internet access and that you accept additional terms of
service. To the extent Card Manager allows you to access third party services, we and our respective Third Party Licensors reserve the right to change, suspend, remove, or disable access to any part of the services or all of the services
at any time without notice to you. In no event will we or our Third Party Licensors 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 to you.
You understand that we may offer to integrate our own and/or our Third Party Licensor’s and/or with third party services for your convenience. Further, you understand that we are not affiliated with, do not endorse, and are not responsible
for these third party services. We are not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from ours. The personal data you may choose to give to us by means of installing Card Manager on
your mobile device and enrolling your accounts to use Card Manager shall be governed by our privacy policies.
You expressly acknowledge and agree that use of Card Manager is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Card Manager and any
services performed or provided by Card Manager or us or our Third Party Licensors are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to Card
Manager and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment,
and non-infringement of third party rights. Installation and use of Card Manager occurs across the networks of many wireless service providers. We do not operate or have any involvement or control with or over these networks or the wireless
service providers. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect your ability to install and use Card Manager. Such circumstances include, but are not limited to, the unavailability of the wireless
service for any reason, network delays, a breach of security or integrity of the network or wireless service, system outages, communications failure, limitations on wireless coverage and interruption of a wireless connection. We disclaim any responsibility
for any wireless service or internet service used to access Card Manager. We and our Third Party Licensors disclaim any responsibility for the transmission of your personal information across the networks of wireless and internet providers
because neither we nor our Third Party Licensors control these networks. By installing and using Card Manager you acknowledge and agree that the privacy of your personal information cannot be guaranteed and you assume full responsibility for, and
hold us and our Third Party Licensors harmless from, any losses or damage you incur as a result of the transmission of your personal information when installing or using Card Manager. We and our Third Party Licensors do not warrant against
interference with your enjoyment of Card Manager in any way, or that defects in the Card Manager application or services will be corrected. No information or advice given by us, our Third Party Licensors or our or their representatives shall create
any warranty. Should the Card Manager application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable
statutory rights of a consumer, so the above exclusion and limitations may not apply to you if you reside in those jurisdictions. To the extent not prohibited by law, in no event shall we or our Third Party Licensors be liable for personal
injury, or any punitive, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or
related to your use or inability to use Card Manager, however caused, regardless of the theory of liability (contract, tort or otherwise), even where we or our Third Party Licensors have been advised of the possibility of such damages. Some jurisdictions
do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you if you reside in those jurisdictions. The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose. We may amend, modify or cancel this Agreement, Card Manager or the functionality available at any time and without notice to you. You agree that your continued use of Card Manager constitutes your agreement to the change
You agree to immediately notify us of any unauthorized use of your password or other verification information, or any other breach of security. In case of unauthorized access to your device or your telecommunications service or any other compromise of
the security for your mobile device that you use to access Card Manager, you agree to immediately cancel your registration associated with the compromised mobile device by calling our support center. Neither we nor our Third Party Licensors will be
liable for any use of Card Manager or for transactions conducted using a mobile device that has been compromised.
When installing and using Card Manager, you agree not to:
a. impersonate any person or entity; b. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; c. spam or flood Card Manager; d. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of Card Manager or the software used in connection
with the Mobile; e. remove any copyright, trademark, or other proprietary rights or notices contained on Card Manager; f. "frame" or "mirror" any part of Card Manager; g. use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Card Manager or the contents of either; h. otherwise interfere with, or disrupt
Card Manager or the servers or networks connected to Card Manager, or violate this Agreement or any requirements, procedures, policies or regulations applicable to Card Manager or of any networks connected to Card Manager; or i. intentionally
or unintentionally violate any applicable local, state, federal, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by us (all of which shall constitute
"Applicable Law") in connection with your installation and use of Card Manager.
You may not use or otherwise export or re-export any
software used in connection with Card Manager except as authorized by United
States law and the laws of the jurisdiction in which the software was
obtained. In particular, but without
limitation, the software may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using
Card Manager, you represent and warrant that you are not located in any such
country or on any such list. You also
agree that you will not use any such software for any purposes prohibited by
United States law, including, without limitation, the development, design,
manufacture or production of nuclear, missiles, or chemical or biological
The software used in connection with Card Manager 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.
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
Card Manager and this Agreement are subject to the exclusive jurisdiction and
venue of the courts in California and you expressly consent to such
jurisdiction and venue. This Agreement
and all related documentation are and will be in the English language and the
application of the United Nations Convention on Contracts for the International
Sale of Good is hereby expressly waived and excluded. This Agreement is an electronic contract that
sets out the legally binding terms of your use of Card Manager. You indicate your acceptance of this
Agreement by clicking on the "Accept" button below in connection with
your installation of Card Manager. This
action creates an electronic signature that has the same legal force and effect
as a handwritten signature. By clicking
on the "Accept" button, you accept this Agreement and agree to the
terms, conditions and notices contained or referenced therein. When you click on the "Accept"
button, you also consent to have this Agreement provided to you in electronic
form. You have the right to receive this
Agreement in non-electronic form.
This Agreement applies only to Card Manager and its
functionality. The terms of other
disclosures and agreements between you and us, as may be amended from time to
time, remain effective for all other aspects of your accounts and other
services with us. In the event of a
conflict between another agreement or disclosure you have with us and this
Agreement, this Agreement shall control but only with respect to the subject
matter of this Agreement.
The laws of the state of California, excluding its
conflicts of law rules, govern this Agreement and license and your use of Card
Manager. Your use of Card Manager may
also be subject to other local, state, national, or international laws.