This service is provided to you by Mutual Federal, a division of First Bank Richmond and powered by a third party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and Mutual Federal. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

MUTUAL FEDERAL TERMS AND CONDITIONS

Thank you for using Mutual Federal Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions, please contact Customer Support at info@mutualbancorp.com or call 1-937-498-1195

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Mutual Federal. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including, without limitation, for short message service.
2. The services are provided by Mutual Federal and not by any other third party. You and Mutual Federal are solely responsible for the content transmitted through the text messages sent to and from Mutual Federal. You must provide source indication in any messages you send (e.g. mobile telephone number, “From” field in text message, etc.)
3. To enroll in Mobile Banking and Text Messaging, you must also be enrolled in Mutual Federal’s Online Banking service. You acknowledge that you have read and agreed to the terms and conditions of Mutual Federal’s Online Banking Agreement, which are a requirement for enrollment in Online Banking.

You agree and understand that you are solely responsible for acquiring and maintaining a mobile device that can access the Mutual Federal Mobile Banking and that you are responsible for all costs associated with same. Not all transactions and services are available for all products. You understand that this agreement governs your access to and use of Mutual Federal Mobile Banking.

You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately upon the completion of each access session. If your mobile device is lost, stolen or used without your authorization, you agree to make the appropriate or necessary changes to disable the use of the mobile device, including contacting your wireless telecommunications provider to effectuate such change. You understand that there are risks associated with using a mobile device, and that in the event of theft, loss or unauthorized use, your confidential information could be compromised. You accept those risks.

Mutual Federal will not be liable for any delays or failures in your ability to access our Mobile Banking service or in your receipt of any text messages, as access and messaging are subject to effective transmission from your network provider and processing by your mobile device, in additional to possible interruptions in the Internet.

Mutual Federal reserves the right to alter charges or these End User Terms from time to time, and we reserve the right to discontinue our Mobile Banking service at any time without notice. We may suspend or terminate the service to you if we believe you are in breach of our End User Terms, our Online Banking Agreement or your account agreement with us. The service is also subject to termination in the event your wireless service terminates.

You agree to indemnify, defend and hold Mutual Federal harmless from and against any and all claims, losses, liability cost and expense (including reasonable attorney fees) arising from your use of the Mobile Banking and Text Messaging service.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be agreed to by End User prior to use of the downloadable app.

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine-readable object code form, as well as any accompanying user documentation, along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the medium or form in which they may exist (collectively the “Software”).
2. 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. 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.
3. 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.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, 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.  IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. 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, it agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. 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 are 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.
8. 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.

TERMS OF USE

1. Your wireless carrier’s standard messaging rates apply to SMS correspondence. Mutual Federal does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier.
2. You represent that you are the owner, or authorized user of the wireless devise you use to receive the service, and that you are authorized to approve the applicable charges.
3. We will send you a message only once, and only with your explicit agreement as indicated by our continuation of the process flow.
4. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
5. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text messages or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete and true information.
6. The service, as well as the content and materials received through the service, are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
7. If you have any questions, e-mail customersupportgroup@firstbankrichmond.com. You can also text the word HELP to 63018 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 63018. We do not charge for help or info messages; however, your normal carrier rates apply.