Legal Terms & Agreements

Terms of Use

ONLINE SERVICES AGREEMENTS

THE TERMS AND AGREEMENTS GOVERN THE USE OF THIS WEBSITE, AND THE SERVICES PROVIDED THEREIN, TO INCLUDE MOBILE APPLICATIONS. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE OR USING RELATED MOBILE APPS. IF YOU DO NOT AGREE WITH THESE TERMS OR AGREEMENTS, DO NOT ACCESS THE WEBSITE OR USE THE MOBILE APPS. BY ACCESSING THE WEBSITE, ANY OF ITS PAGES OR THE MOBILE APPS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREEMENTS.

This website has been established by the Bank for the sole purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control.

From time to time the Bank may place links to other websites on this page. The Bank has no control over any other website and is not responsible for the content on any site other than this one. Users assume all responsibility when they go to other sites via the links on this page.

The information and materials contained in this website are owned by the Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.

The Bank makes no warranties of any kind regarding the products and services advertised on this site. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to, the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.

This agreement may be changed from time to time by posting the new Terms of Use on the website. All users agree to be subject to this agreement as it changes from time to time.

This agreement and the use of this website are governed by the laws of the State of New Mexico.

Online Banking and Bill Pay Services

This Agreement describes your rights and obligations as a user of the Online Banking service or the Bill Payment service ("Services"). It also describes the rights and obligations of Citizens Bank. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.

Definitions

The following definitions apply in this Agreement. "Online Banking" or "online services" are the Internet-based services providing access to your accounts; "Online Account" means any deposit or loan account from which you will be conducting transactions using a Service; Login ID is your Tax Identification Number and "Password" is the code that you select after the initial sign- on, that establishes your connection to the Service. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We" or "us" refer to Citizens Bank which offers the Services and which holds the accounts accessed by the Services.

Access to Services

Citizens Bank will provide online instructions on how to use the Online Banking service or Bill Payment service through the Help functions available at the site. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your login ID and your Password.

Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your passwords or other mean to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 505-599-0100 during customer service hours. For further customer awareness and education concerning online security and best practices visit our Consumer Protection page on our website: www.cbnm.com

Banking Transactions with Online Banking or Business Solutions

In addition to viewing account information, you may use Online Banking or Business Solutions to conduct the following transactions:

(1)Transfer funds among your checking accounts, savings accounts and market interest savings accounts. Make loan or line of credit payments. NOTE: Because regulations require Citizens Bank to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

(a) Regular Savings account. You can make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions, made by the depositor and payable to third parties.

(b) Market Interest Savings. You can make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions, made by the depositor and payable to third parties.

(2) New services may be introduced for online services from time to time. Citizens Bank will make these new services available online. By using these services when they become available, you agree to be bound by the rules made available to you online concerning these services.

Bill Payment Service

SERVICE DEFINITIONS

"Service" means the Bill Payment Service offered by Citizens Bank, through CheckFree Services Corporation.

"Agreement" means these Terms and Conditions for the bill payment service.

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Payee to receive you bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING

Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is a least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment instructions that it receives through the payment system. In order to process payment more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorized the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, and electronic to check payment, or a laser draft payment.

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact our Electronic Branch. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims for damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment charge is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. This does not alter your liability or obligations that currently exist between you and your Payees.

Electronic Mail

If you send us an electronic mail message, we will be deemed to have received it on the following business day. We will have a reasonable time to act on your e-mail.

You should not rely on electronic mail if you need to communicate with Citizens Bank immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

You agree that Citizens Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and Citizens Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the online services or the Bill Payment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Citizens Bank including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedules available in each product description on the web site. We will automatically deduct the fees related to this Service from account each month.

Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Citizens Bank's business days are Monday through Friday, excluding holidays. All online service transaction requests received after 4:00 p.m. ( 2:00 p.m. for wire transfers) on business days and all transactions which are requested on Saturdays, Sundays or holidays on which Citizens Bank chooses to remain closed, will be processed on the next processing business day.

Modifications to this Agreement

Citizens Bank may modify the terms and conditions applicable to either Service from time to time by making the new terms and conditions available at our web site. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

Errors and Questions

In case of errors or questions regarding an online service or Bill Payment transaction, call Citizens Bank Electronic Branch 505-599-0100 or write us at:

Citizens Bank Electronic Branch

PO Box 4140

Farmington, NM 87499

We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:

1. Your name and account number (if any)

2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information

3. The dollar amount of the suspected error and date on which it occurred.

If the report is made verbally, we may require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed.

If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45).

If we determine that no error occurred, we will send you a written explanation within three business days after the investigation are complete. You may request copies of the documents that were used in the investigation.

You agree that Citizens Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you shall be considered received within three (3) days of the date sent by Citizens Bank regardless of whether or not you sign on to the Service within that time frame.

Statements

You will continue to receive an account statement either monthly or annually, depending on the type of account.

You are responsible for promptly examining your statement each statement period and reporting any irregularities to us. Each account statement will be considered to correctly reflect your transactions , such as deposits, withdrawals, credits, refunds, imposition of fees, interest or dividends, and other additions and subtractions to your Account, unless you notify us in writing within certain time limits after the statement that incorrectly reflects your transactions is made available to you. Refer to your initial account opening disclosures.

Our liability for failure to make a transfer

If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:

(1) If through no fault of Citizens Bank you do not have enough money in your account to make the transfer.

(2) If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken.

(3) If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.

(4) If your funds are subject to legal process or other encumbrance restricting the transfer.

(5) If your transfer authorization terminates by operation of law.

(6) If you believe someone has accessed your accounts without your permission and you fail to notify Citizens Bank immediately.

(7) If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.

(8) If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.

(9) If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Disclosure of information to third parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

Inactivity Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the Online Banking and/or Bill Payment service, you must notify Citizens Bank and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify Citizens Bank by one of the following methods:

1) By sending an e-mail to customercare@cbnm.com

2) By calling 505-599-0100

3) By writing a letter and either sending it to the following address:

Citizens Bank Electronic Branch

PO Box 4140

Farmington, NM 87499

Governing Law

This Agreement, pertaining to Bill Pay, is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR EXEBPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENNANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Mobile Banking and Mobile Deposit

This Mobile Banking and Mobile Deposit Addendum (“Addendum”) to the Citizens Bank Online Banking and Bill Pay Agreement between you and Citizens Bank contains the terms, conditions and provisions relating to and governing your use of the mobile banking and mobile deposit capture services offered by Citizens Bank (“Services”). Other agreements you may have entered into with Citizens Bank, including other online banking agreements, ACH agreements and the Deposit Account agreement, are incorporated herein by reference.

Except as amended and modified by this Addendum, all terms, conditions and provisions in the Citizens Bank Online Banking and Bill Pay Agreement remain in full force and effect. If there is a conflict, ambiguity or inconsistency between the “Agreement” and this Addendum, the terms, conditions and provisions of this Addendum shall prevail and control.

The words “you” and “your” refer to you as the person or business entity entering into this Addendum. The words “you” and “your” also include any user you authorize to use the Services, including the Citizens Bank Mobile App (as defined below), on your behalf. The words “we”, “us”, and “our” refer to Citizens Bank.

In order to use the Services, you must be designated as an authorized signer or owner of a Citizens Bank Account that is eligible for these Services, and are enrolled in the online banking services offered by Citizens Bank.

1. Services. The (“Services”) are designed to allow you to view activity, transfer money, pay bills, and make deposits into certain accounts that are eligible to receive mobile check deposits by converting checks into an image by taking pictures of checks and delivering the images and associated deposit information to Citizens Bank or Citizens Bank’s designated processor via an application (the “App”) installed on your supported mobile device. The App is considered part of the Services. Services are made available to Citizens Bank customers at the sole discretion of Citizens Bank and may not be available to all Citizens Bank’s customers.

2. Acceptance of the Services. Your use of the Services constitutes your acceptance of this Addendum and Agreement. This Addendum is subject to change from time to time. We will notify you by making the new Addendum available at our website. The revised Addendum shall be effective at the earliest date allowed by applicable law, rules and regulations. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it was sent. We reserve the right to change, modify, add or remove portions from these Services. Your continued use of the Services constitutes and demonstrate your acceptance of and agreement to any changes to the Services.

3. Equipment/Data Service. To use the Services, you must obtain and maintain, at your expense, a supported mobile device, (e.g., smartphone or other mobile device), with compatible hardware and software as specified by Citizens Bank from time to time, and suitable data service. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system, mobile carrier or data service will be compatible with the Services. Citizens Bank is not responsible or liable for any third party software you may need to use the Services. Any such software is accepted by you “as is” and is subject to the terms, conditions and provisions of the software agreement you enter into directly with the third party software provider at time of download and installation.

4. Limitations. When using the Service, you may experience technical or other difficulties. We do not assume responsibility or liability for any such difficulties or any resulting damages that you may incur. For security reasons, the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to: (i) change, suspend or discontinue the Service, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you; and (ii) the right to limit the number of Mobile Devices through which you may access the Services.

Except as expressly stated in this Addendum, deposits made through the Services are subject to all limitations, terms, conditions and provisions stated in the relevant deposit agreement governing your Account(s) as may be modified or amended from time to time, including, but not limited to, those relating to deposit acceptance, crediting, collection, endorsement, processing order or errors.

5. Eligible Checks and Items. You agree to scan and deposit only “checks” as is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Addendum or such other items as we, in our sole discretion, elect to include under the Services.

You authorize us to process any image that you send us or convert any images to an Image Replacement Document for subsequent presentment and collection. Such image shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code.

You agree that you will not use the Services to scan and deposit any checks or other items as stated below:

  1. Checks or items payable to any person or entity other than you, or to you and another party;

  2. Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;

  3. Personal Money Orders or Traveler’s Cheques;

  4. Checks or items drawn on the account to which they are being deposited to;

  5. Checks or items containing alternation(s) to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;

  6. Checks or items previously converted to a substitute check, as defined in Reg CC;

  7. Checks or items drawn on a financial institution located outside the United States;

  8. Checks or items that are remotely created checks, as defined in Reg CC, and checks that have previously been submitted through the Services or through a remote deposit capture service offered at any other financial institution;

  9. Checks or items not payable in United States currency;

  10. Checks or items dated more than 6 months prior to the date of deposit;

  11. Checks or items on which a stop payment order has been issued or for which there are insufficient funds;

  12. Checks or items prohibited by our current procedures relating to the Service or which are otherwise not acceptable under your account;

  13. Checks with any endorsement on the back other than those stated in this Addendum.

Nothing in this Addendum should be construed as requiring Citizens Bank to accept any check or item for deposit even if Citizens Bank has previously accepted that type of check or item. Not shall Citizens Bank be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Addendum.

6. Security of Your Mobile Device and Account Information. You are responsible for: (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number(s), login information and any other security or access information, used by you to access the Services; and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Services. You agree not to supply your Access Information to anyone other than your duly authorized representatives, agents and employees. You are responsible for all electronic communications, including image transmissions, email and other data entered using the Access Information. Any communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Device. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use has occurred.

7. Image Quality. You are responsible for the image quality of any check or item that you transmit. The image of a check or item transmitted to Citizens Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by any clearing house we use, any agreement we have with respect to processing checks or items, or any higher standard set by us. You agree that we shall not be liable for any damages resulting from a checks or item’s poor image quality, e.g., including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

8. Endorsements and Procedures. Before transmission, you agree to properly endorse any check or item transmitted through the Services. Checks should be endorsed “For Mobile Deposit Only” and include your signature, and date of deposit. After receiving confirmation of deposit from us, you will write on the front of the item “Mobile Deposited” and the current date. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. You agree to supply any information in your possession, custody or control that we request regarding a check or item deposited or attempted to be deposited through the Services.

9. Receipt of Checks or Items. We reserve the right, at our discretion, to reject any check or item transmitted through the Services, without any liability to you. We are not responsible for checks or items we do not receive in accordance with this Addendum or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from Citizens Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, it was able to be processed or completed, or that funds will be credited for that check or item.

10. Availability of Funds. You agree that the checks or items transmitted using the Services are not subject to the funds availability requirements of Reg CC. You also agree that the items are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E. In general, if an image of a check or item you transmit through the Services is received and accepted before our cut-off time for the Services, we consider that business day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day that we are open. The cut-off time for the Services is 4:00 p.m. (MT) Mountain Time. Funds deposited using the Services will generally be made available the next business day from the day of deposit. However, we may delay availability of funds from any deposit you make through the Services at any time at our sole discretion. A delay may include any concern we may have regarding our ability to collect the funds based upon any check image that you present.

11. Disposal of Transmitted Checks and Items. Upon your receipt of confirmation from Citizens Bank that we have received an image that you transmitted, you agree to retain the check or item for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days (“Retention Period”). You will retain and store the original check or item in a secure and locked container that is only accessible by persons needing access. During the Retention Period and upon our request, you agree to provide us with the original item. Once the Retention Period has expired, you will securely and irretrievably destroy the original item that you transmitted as an image.

12. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Services and to amend or modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will be subject to this Addendum, and we will not be obligated to allow such a deposit at other times.

The current deposit limit for retail and small business banking customers is $3,000 daily and $6,000 per month. Small business customers is $10,000 daily and $20,000 per month. We reserve the right to adjust limits based on account activity, abuse of product, or general risk parameters.

13. Presentment. The manner in which the checks and items are cleared, presented (or represented) for payment, and collected shall be in Citizens Bank’s sole discretion as stated in the relevant deposit account agreement governing your Account(s).

14. Warranties Indemnity. You warrant and represent to Citizens Bank that:

  1. You will only transmit eligible items;

  2. You will not duplicate items;

  3. You will not deposit, redeposit or represent the original check or item with Citizens Bank or any other party;

  4. You will comply with this Addendum and all applicable laws, rules, and regulations;

  5. You are not aware of any factor which may impair the collectability of the item.

You agree to indemnify, defend, and hold harmless Citizens Bank and its affiliates and each of their respective directors, officers, employees, representatives and agents (“Indemnities”) from and against any and all liabilities, damages, injuries, claims, obligations, demands, charges, cause of action, costs, expenses or fees (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (“Losses and Liabilities”) by Indemnities arising directly or indirectly from, associated with or related to the Services (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct).

15. Changes to the Services. We reserve the right to terminate, modify, and remove features from the Services at any time in our sole discretion. You may reject changes by discontinuing use of the Services. Your continued use of the Services constitute and demonstrate your acceptance of and agreement to such changes. Maintenance to the Services may be performed from time-to-time resulting in interrupted service, delays or errors in the Services and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

16. Use of Your Geolocation. When you are submitting an image for processing through the Services, we reserve the right, at our discretion, to use your Mobile Device’s capabilities to obtain your geolocation for fraud prevention services. We may choose to capture either your current location or the last location stored on your Mobile Device.

17. Fees. The Services are provided at no charge to you. We may however, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Services. If you continue to use the Services after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Further, you authorize Citizens Bank to deduct any such fees from any accounts in your name.

Third party message and data rates may apply to the Services for which you are responsible. These include fees your wireless carrier may charge you for data usage and text messaging services. Check with your wireless carrier for details regarding your specific wireless plan and any data usage or text messaging charges that may apply to the Services.

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 your financial institution. 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.

18. Termination. We may terminate this Addendum at any time for any reason. This Addendum shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Addendum may be terminated by us if you breach any term, condition or provision of this Addendum; if you use the Services for any unauthorized or illegal purposes; or you use the Services in a manner inconsistent with the terms, conditions or provisions of any agreement you entered into with us.

19. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THESE 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRIGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

20. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CITIZENS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

Person-to-Person Payment (P2P) Terms and Conditions

E-SIGNATURE AND ELECTRONIC DISCLOSURES AGREEMENT

You are signing up to use the Citizens Bank (“Bank”) P2P service powered by Acculynk that allows you to send funds to another person. This E-Signature and Electronic Disclosures Agreement ("E-Sign Agreement") applies to all communications, documents, disclosures and electronic signatures related to the products, services and transfers offered or accessible through the Service offered by your Bank for all cardholders, authorized users, account owners, account signers, applicants, and any other person using this Service as a Sender or Recipient or registering to use this Service.

Agreement to Conduct Transactions by Electronic Means

You agree to conduct the transfers offered through the Service by electronic means and acknowledge that all documents, disclosures, forms and other information related to such transactions will be provided to you through a mobile or web-based electronic interface or email. Each time you use this Service and submit information to the Bank you agree to the electronic access, receipt and acceptance of documents, disclosures and forms. You may not use this Service unless you agree to receive documents by electronic means.

You further agree that you intend to electronically contract with us for the Service and that all transactions completed through this Service will result in valid and legally binding agreements. You also agree that you have adequate access to a computer or mobile phone with sufficient internet connectivity to conduct these transactions online. You acknowledge that you meet the hardware and software requirements to access this Service as described below.

Agreement to Use Electronic Signatures

By checking the “I accept the terms of service” check box you are electronically signing this E-Sign Agreement and the Terms of Use related to the Services. You specifically agree that any electronic signatures that you provide through this online process are valid and enforceable as your legal signature. You acknowledge that these electronic signatures will legally bind you to the terms and conditions contained in the E-Sign Agreement and Terms of Use documents just as if you had physically signed the same documents with a pen.

Agreement to Receive Disclosures Electronically

You agree to receive all legal and regulatory notices, disclosures and other communications associated with your registration or use of this Service through electronic means including web-based electronic interface, mobile phone interface or email.

Availability of Printed Copies

We recommend that you print and retain copies of any of the E-Sign Agreement and Terms of Use, disclosures, or other related documents from your computer, mobile phone or other access device associated with all transactions utilizing the Service. There is no charge for you to download and print these documents.

Contact Information

To use this Service you must provide your current email address so that we can send you important information related to your use of this Service. You may review and update the personal information maintained about you in the "Account Settings" section of the Site at any time to ensure that it is accurate.

Hardware, Software and Operating System

The requirements for accessing our online systems to use this Service and access disclosures are as follows: You must use a computer or smart phone to use this Service. You must have a device that uses a supported version of one of the following browsers: Internet Explorer, Firefox, Chrome, or Safari. You may also use a mobile phone application developed for this Service if your mobile phone supports it. You are responsible for installation, maintenance, and operation of devices used to access this Service. Bank is not responsible for errors, failures, or malfunctions of any device used or attempted to be used for access to this Service. Bank is also not responsible for viruses or related problems associated with use of these online systems.

Bank P2P Service Agreement and Terms of Use (“Terms of Use”)

These Terms of Use set forth the terms and conditions under which the Service is offered. The Service allows a Sender to transfer funds to a Recipient through electronic means. These Terms of Use affect your rights, you should read them carefully.

Unauthorized use of these systems is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030. Bank or its Service Provider may monitor and audit usage of this system. You are hereby notified that the use of this system constitutes consent to such monitoring and auditing.

Any Account accessed through the Service is also subject to the terms and conditions of your Account (“Account Disclosures”). You should review the Account Disclosures carefully, as they may include transaction limitations and fees that might apply to your use of the Service.

1. Definitions

“Account” or “Accounts” refers to any accounts that may be debited or credited with funds under these Terms of Use.

“Recipient” means the cardholder to whom the Sender transfers funds.

“Sender” is the Bank Cardholder that transfers funds to another person through the Service.

“Service” means the P2P service powered by Acculynk that allows a Sender to send funds to Recipient.

“Service Provider” is Acculynk a company that arranges for person-to-person payments to customers of any U.S. financial institution.

“Site” is the Service Provider’s electronic location accessed by a user through a mobile phone, computer or other access device.

“Transfer” means an electronic movement of funds from an account at Bank to an account of another party by means of the Service.

“Transfer Instructions” are the information that you provide when using the Service.

“Us,” “We,” and “Our” means Bank.

“You” and “Your” mean each person who applies or registers to use the Service and each person who uses the Service, including both the Sender and Recipient of a Transfer.

2. Description of Service and Consent

Bank debit cardholders may send one-time Transfers to Bank customers or a depositor of another financial institution. Notice is given to the Recipient by the Sender providing the Recipient's email address or mobile phone number. You may originate these Transfers by use of a computer or a mobile smart phone. You may register for the Service which will make future Transfers more convenient for you. To use this Service you are providing information to our Service Provider from your mobile phone, desktop, laptop, or other computer. Service Provider is a vendor of Bank.

By participating in the Service, you are representing to the Bank that you are the owner or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding Transfers. In addition, you are consenting to the receipt of emails or automated text messages from the Bank or its agent, regarding the Transfers and represent to the Bank that you have obtained the consent of the Recipients of your intended Transfers.

Funds may be transferred to any account in the United States as long as the Transfer is legal and allowed by the financial institutions involved.

3. Eligibility

Individuals aged 18 years and older with a debit card issued by Bank are eligible to use this Service to send funds to a Recipient. Any individual age 18 years and older with an account in the United States that may receive POS or ACH transactions may use this Service to receive funds that are transferred by the Sender. The Service is not offered to individuals under the age of 18. Other restrictions and eligibility requirements apply as described in this Agreement or other disclosures. Bank does not knowingly collect any personal information from or about individuals under 18 years of age. Please do not submit such information to the Bank, and as a parent or legal guardian, please do not allow your children to submit personal information without your permission. By using the Site or the Service, you represent that you meet these requirements.

4. Transfers

You may make one-time Transfers by entering your debit card number and email address. The Sender provides the Recipient's email address or mobile phone number, and the Service uses this information to notify the Recipient. A Recipient must accept the Transfer within 10 days, or the Transfer will be cancelled and reversed. During this period, funds will be removed from the Sender's Account for the amount of the Transfer and the fee. Once the Recipient has successfully accepted the Transfer, funds will be sent to the Recipient’s financial institutions for deposit to the Recipient's account. If the Sender and Recipient are both Bank customers enrolled in the Service, Transfers will be immediately debited from the Sender's Account and reflected in the Recipient's Account. If the Sender and Recipient are both enrolled in the Service but are customers of different financial institutions, Transfers will be immediately debited from the Sender's Account and will be delivered to the Recipient's financial institution once claimed. Bank is not responsible for any failure of another financial institution to timely credit its customer's account.

You acknowledge and agree that Transfers will be completed using only the email address or mobile phone number you enter even if it identifies a person different from your intended Recipient. The name you enter will help you identify your intended Recipient in the drop down menu and your transaction history but will not be used to process payments. You must accurately enter the Recipient's email address or mobile phone number since your obligation to pay for the Transfer will not be excused by an error in the information you enter.

Transfer Instructions relating to external accounts and the transmission and issuance of data related to such Transfer Instructions shall be received pursuant to the terms of this Agreement, and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house, as well as any EFT Network, or networks, utilized to automate the transfer of funds and governed by Regulation E, (collectively, the "Rules"). The parties agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an Account shall be provisional until the Bank or the third party institution, which holds the account, has finally settled such credit.

It is the responsibility of the Sender and Recipient of funds to provide accurate information. You agree that you as Sender are authorized to withdraw or as Recipient are authorized to deposit funds into the Accounts whose numbers you provide or into the Accounts associated with the card number you are providing. You authorize the Bank, directly or through third parties, to make any inquires considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources.

You authorize the Bank to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the crediting of your account using card networks or NACHA

5. Sender Acknowledgment

By using this Service you, as the Sender, authorize the sending of an email or text message instructing the Recipient how to receive the funds that you are sending. You are further authorizing any Recipient of this message to act on the instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide or text message at the mobile phone number you provide may obtain the funds you are sending.

You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message you provide. Your funds may not reach the intended Recipient because of errors made by the Sender or Recipient and you could lose all the funds. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions. Furthermore, we may reject any Transfer request and may terminate your use of this Service for any reason including attempting insufficient funded Transfers.

6. Recipient Acknowledgment

By using this Service you as the Recipient are confirming that you are the person to whom the Sender intends to transfer funds. As the Recipient, you will be asked to provide your debit card information that will be used to transfer funds to your Account. If you choose not to provide your debit card information or your institution does not participate, you will be asked to provide account information including account number and routing information for your financial institution. In this case the funds will be transferred through the Automated Clearing House.

It is important that you enter accurate information. You agree that Bank, the receiving financial institution and our Service Provider may rely solely on the instructions you provide. If you enter inaccurate cardholder or account number information the funds may be deposited into another person’s account. You acknowledge that the financial institution may make the deposit based on the account number or card number you provide even if those numbers do not correlate to the name that you provide. Retrieval of these funds will be the Recipient’s responsibility to work with the financial institution to which the funds were sent. You may lose all the funds that were transferred. The funds that are credited to the account cannot be recalled by us.

If you suspect that you have entered information incorrectly or that you have received funds in error, call us immediately and we may attempt to cancel the transaction. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Recipient’s instructions.

By using this Service you agree that you are the intended recipient of the email or text message and that you are the intended recipient of the funds. If you are not the person to whom the funds are intended then you agree to take no further action. You understand that it is a federal felony to use another person's identification with the intent to commit unlawful activity. You represent that the information you are providing is your true and correct information. If any information you provide is fraudulent, Bank reserves the right to recover all costs or losses from you, regardless of whether such costs or losses are incurred directly or indirectly.

7. Fees and Limitations on Transfers

You may transfer up to $500 per transaction and $1500 per month. The Bank may establish a limit on the number of Transfers and on the total dollar amount of Transfers that can be attempted or completed in one day. You may send multiple Transfers each day; a separate $2 fee is charged for each Transfer you send. We may modify the amount and frequency of Transfers at any time for security reasons or due to account activity.

Funds may be transferred from the account from which the debit card is authorized to transfer funds. Such transfers may overdraft your account and may result in a transfer from another account to cover the overdraft. In any of these situations, a transfer fee will be charged, as applicable. You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account.

Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees. The receiving institution may have limits on the number and type of Transfers allowed. Your financial institution may also charge a transaction fee.

8. Timing of Transfers

Transfers to remove the funds from the Sender’s Account may take place immediately. However, the timing of funds received will depend on when the Recipient responds to the email and when their financial institution posts the Transfer. The posting of the Transfer is dependent on the business days of that institution.

9. Issues Affecting the Posting of Transfers

You authorize us to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the Bank to credit your Account using card networks/switches or NACHA.

Other events may affect the timing or success of a Transfer reaching the intended Recipient. Such events may include, but are not limited to, errors made by the Sender or Recipient in entering information, inaccurate account or card number information, delays in posting by the receiving institution, acts of God, and network and NACHA interruptions. If we believe the Transfer may be illegal, we may decline or reverse the Transfer. The receiving institution may choose not to post the Transfer or to delay posting the Transfer. Neither the Bank nor the Service Provider is responsible for any delays in the Transfer of funds or the posting of funds to the Recipient’s Account. You may have certain rights and responsibilities regarding the failure to timely post transactions and you are encouraged to pursue dispute resolution with the receiving financial institution.

Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow a POS or ACH transfer of funds. You are responsible for ensuring that these types of Transfers are allowed for the Account that you specify. For example, an IRA may not allow electronic transfers directly into the Account. We are not responsible for any action or lack of action taken by the financial institution that delays, inhibits, or prevents the posting of the Transfer to the Account.

10. Security

The Sender and Recipient of funds may choose to register for this Service to simplify their future use of the Service. They will be asked to create a username and password and you are responsible for keeping them secure. We will not ask you for your password.

If the financial institution contacts us or our Service Provider for information regarding your Account, you authorize us to discuss the Transfer and the account information you have provided.

11. Cookies, Browser Information and Related Issues

When you visit the Site, the Service Provider may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in "authenticating" who you are when you access the Site or Service, particularly if you register for the Service and are issued or create a username and password.

The Service Provider may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Service. This data may be used, among other uses, to improve the operation of the Site and the Service.

Like most websites, the Site also uses "cookies," which are small data files placed on your computer or other device by the web server when you visit the Site. Most such cookies are "session" cookies that are only used for a specific period during which you are on the Site, but a few are "persistent" cookies that stay on Your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to personal information about you, such as your email address. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies.

You may encounter the Service Provider’s cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application.

12. Access to Information about You

You may review and update the personal information maintained about you in the "Manage Account" section of the Site at any time to ensure that it is accurate.

Once you close your Accounts with the Bank or you no longer have a debit card, you may no longer send Transfers. However your Account information will be maintained for a retention period to accommodate any residual issues that may arise.

13. Amendments

Bank may amend these Terms of Use or any other disclosures at any time by posting a revised version on the Site. The revised version will be effective immediately at the time it is posted, unless a delayed effective date is expressly stated therein. Bank may also provide you with an email notification of such amendments. The Bank may require you to affirmatively acknowledge or accept the revised Terms of Use in order to continue using the Service. Any use of the Service after a notice of change (whether by Site posting, email, or express acknowledgment or acceptance) will constitute your express agreement to such changes.

14. Limitations of Warranties

THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OR CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF BANK AND ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY 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 SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS.

15. Limitation on Liability

IN NO EVENT SHALL BANK OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY ITS AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.

16. Limitation on Damages

BANK’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS 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.

17. Time for Making a Claim

IN NO EVENT SHALL BANK OR ITS AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OF COMPETENT JURISDICTION 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.

18. Indemnification

You agree to indemnify, defend, and hold Bank and its affiliates, officers, directors, employees, consultants, agents, service providers and licensors harmless from any and all third party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of the Service, our reliance on the Transfer instructions and other information you provide, the performance or non-performance of other financial institutions, or other signers, owners or users of your Accounts.

19. Severability.

If any provision of these Terms of Use are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

20. This site is created and controlled by Citizens Bank in the State of New Mexico. As such, the laws of the State of New Mexico will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

21. Contacting Us

If you have any questions about this Service or this Agreement, you may contact us at the phone number or postal address below:

CITIZENS BANK

Customer Service 505-599-0100

PO BOX 4140, FARMINGTON, NM 87499

22. Disclosure Access

You may access Our Privacy Policy at https://www.cbnm.com relating to the collection and use of your information.

Bank customers may access Our Electronic Fund Transfer (EFT) disclosure by viewing our Terms and Conditions document at https://www.cbnm.com Non-Bank customers should consult their financial institution for their EFT disclosures