Mobile Banking Enrollment Terms and Conditions | First National Bank of Tennessee

END USER TERMS

These services are provided to you, as the End User, by First National Bank of Tennessee (hereafter referred to as FNB) and powered by a Third Party (the “Licensor”) Mobile Banking technology solution. Section A and C of these End User Terms is a legal agreement between you and First National Bank of Tennessee. Section B of these End User Terms is a legal agreement between you and the Licensor. All of those Sections are collectively called “the Agreement”.

SECTION A

FNB END USER LICENSE AGREEMENT TERMS AND CONDITIONS

You can use FNB Mobile Banking to check the balance of your FNB accounts, view FNB account histories, transfer funds between your eligible FNB accounts, view listings of your FNB checks (and images of those checks as they become available). Approved users may also send Bill Payments, make Mobile Remote Deposits and perform money transfers using the Zelle Network®.
These 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 FNB. 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.
You and FNB are solely responsible for the content transmitted through the text messages sent to and from FNB. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.).
For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions please contact customer service at FNBMobile.Help@fnbotn.com or call 1.931.823.1261.

YOUR OBLIGATIONS

When you use FNB Mobile Banking (herein also called “Mobile Banking”) to access accounts you designate during the registration process, you agree to the following:

1. 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 operating Mobile Banking. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by short message service, e-mail, and other methods, communications relating to Mobile Banking including without limitation welcome messages, information and requests for information relating to use of Mobile Banking. You agree to use Mobile Banking carefully, to keep your password confidential and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 931-823-1261, and to cancel immediately your participation in Mobile Banking as set out below if you observe any material errors in the Mobile Banking Services.

2. Location Based Information. If you use any location-based feature of Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you must cease using location-based features of Mobile Banking.

3. Export Control. You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.

4. Proprietary Rights. You agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.

5. 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 publicity or 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.

6. No Commercial Use or Re-Sale. You agree not to resell or make commercial use of Mobile Banking.

7. Indemnification. You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Agreement, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.

8. Safeguarding Information, Device, and Password. You are responsible for safeguarding your mobile phone and any content you store and/or transmit via data or messaging services to the Bank. You are responsible for safeguarding any passwords or other authentication data that may be used to access mobile banking via your mobile phone. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. You are solely responsible for the security of the wireless device you own and use to access the service (including, but not limited to, securing the hardware with a password, PIN or other security credentials to prevent unauthorized use). First National Bank of Tennessee expressly disclaims any responsibility for the security of hardware, software, wireless communication networks or any equipment, facilities or communication channels we do not own or control.

You will complete each transaction promptly. If you are unable to complete your transaction promptly, you will ensure that your Mobile Device remains securely in your possession until the transaction has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized transactions. You understand that there are risks associated with using Mobile Device and that in the event of theft, loss, or unauthorized use, your confidential information could be compromised. You accept those risks. First National Bank of Tennessee does not recommend use of rooted or jailbroken devices to access your account. Accessing your accounts with a rooted or jailbroken device increases the risk of your accounts being compromised.

You will notify us immediately by telephone at 931-823-1261, followed by written confirmation, if you learn of any unauthorized access. If warranted in our reasonable judgement, we may audit or monitor your service activity and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement. We make no representation that any content or use of the service is available for use in locations outside the United States. Accessing the Service from locations outside the United States is at your own risk.

You must take every precaution to ensure the safety, security and integrity of your Mobile Device, account and transactions when using the Service. You must not leave your Mobile Device unattended while logged into the Service and must log off immediately at the completion of each access by you. You must not provide your username, password, or other access information to any person(s) who is not authorized to access your Account and to perform transactions, deposit or withdraw money from it. Tell us at once if you believe that your password or Mobile Device has been lost or stolen. If other persons have access to your Mobile Device, login information or other means to access the Service because of your negligent conduct, whether intentional or unintentional, the liability for transactions they request will be your responsibility and we will not be liable for any damages resulting to you or any third party.

9. Questions/Errors In case of errors or questions about your electronic transfers, bill payments or mobile deposits, contact us at 931-823-1261 or First National Bank of Tennessee, PO Box 379, Livingston TN 38570. You must examine your statement of account with “reasonable promptness”. If you discover (or reasonably should have discovered) any missing, incorrect or unauthorized electronic transfers, bill payments or mobile deposits you must promptly notify us of the relevant facts. If you think an error occurred we must hear from you no later than 60 days after the date we send the first statement on which the first error occurred.

If you fail to report any errors within 60 days of when we first send or make your statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60 day limitation is without regard to whether we used good faith. As between you and us, if you fail to do either of these duties, you will have to bear the loss yourself.

If notification is made verbally, we may also require notice of the error in writing no later than 10 Business Days after we initially hear from you. Written notice should contain your name and account number, description of the error or the transaction you are unsure about, a clear explanation of why you believe an error occurred or why you need further information, and the dollar amount of the suspected error.

You understand that we must rely on information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you or is made on your behalf. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

CHARGES FOR THE SERVICE

You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.

ADDITIONAL PROVISIONS

A. Mobile Banking Services Limitations.

Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. Neither we nor any of our service providers assumes responsibility for any disclosure of account information to third parties by someone other than us or our service providers, the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking.
Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking.
You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
Information about activity is synchronized between the Mobile Banking software and our Online Banking website. Transfer and payment information may be described using different terminology. The method of entering instructions via the Mobile Banking software may differ from the method of entering instructions through our Online Banking. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
FNB will make reasonable effort to secure the service to prevent access by unauthorized persons and to prevent malicious content such as viruses. We reserve the right to take actions to protect our systems and information; we may at our discretion deny access to users of the mobile banking service.
The accounts that you access using the mobile banking service are subject to the terms and conditions of your Deposit Account Agreement and Disclosure including the terms and conditions for internet banking and electronic funds transfer activities. Please refer to the Electronic Funds Transfer Notice for your responsibility in using an electronic access device and for FNB’s error resolution procedures.
The privacy of your information is important to us. We collect only information that is necessary to serve you and administer our business. FNB does not share any non-public personal information with anyone outside of FNB. Please refer to our Privacy Policy for a comprehensive statement on the safeguards to protect your confidential personal information.

B. Changes in Terms.

We may change any term of this Agreement at any time. If the change would result in increased fees for any or all FNB Mobile Banking Services, increased liability for you, or stricter limitations on the frequency or dollar amount of transactions, we agree to give you notice at least 21 days before the effective date of such change, unless an immediate change is necessary to maintain the security either of an account or of our mobile banking or check imaging system. The 21 day advance notice may be eliminated when First National Bank of Tennessee has reason to suspect fraudulent activity on the part of the User. We will post any required notice of a change in terms on First National Bank’s Internet Banking System website or will forward it to you by e-mail, postal mail or other courier. If advance notice of a change in terms is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change within 30 days after the change becomes effective. Your continued use of any, or all, of the subject Transfer Services will indicate your acceptance of changes in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

C. Changes or Cancellation.

You may cancel your participation in Mobile Banking by calling us at 931-823-1261. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

D. Use of Data

We and our service providers will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).

E. Third Party Beneficiary

You agree that our service providers may rely upon your agreements and representations in this Agreement, and such service providers are third party beneficiaries to this Agreement, with the power to enforce its provisions against you.

F. Limitations and Warranty Disclaimers

We and our service providers disclaim all warranties relating to the Mobile Banking Services 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. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will our or our service provider total liability to you in connection with the Mobile Banking Services or otherwise under this Agreement exceed $500.

You acknowledge and agree that you are personally responsible for your conduct while using the Mobile Banking Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless First National Bank of Tennessee, any owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Mobile Banking Service, or any violation by you of the terms of this Agreement.

G. Severability

If any provision of this Agreement is declared invalid by a court or other tribunal of competent jurisdiction then, except to the extent set forth in the Disputes section above, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.

H. Governing Law

This Agreement shall be governed by, enforced and interpreted in accordance with the laws of the State of Tennessee, the United States of America, Overton County, Tennessee, or the nearest county to Overton County in Tennessee with a court of proper jurisdiction, shall be the venue of any legal cause of action between the parties to this agreement. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid, but if any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability for any such provisions in every other respect and of the remaining provisions of this Agreement shall not be in any way impaired.

I. Waiver of Jury Trial

All parties to this Agreement hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to trial by jury of any dispute, whether in contract, tort, or otherwise, arising out of, in connection with, related to, or incidental to the relationship established between them in this Agreement or any other instrument, document or agreement executed or delivered in connection with this Agreement.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User For 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 media 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 of 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-INFRINGMENT. 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. Limitation of Liability. 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, its 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 Florida, 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 Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

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.

SECTION C

OTHER SERVICES

1. Bill Payment Service

Description of Service

FNB Bill Pay allows approved Users to pay bills through the Bill Payment Service. You must have at least one Eligible Account to use Bill Pay. You must be enrolled in the First National Bank of Tennessee Bill Payment Service to use Bill Pay.
This section of the Agreement (“End User Terms”), the First National Bank of Tennessee Mobile Banking Enrollment Terms and Conditions and the Internet Banking – Business Enrollment Agreement and Internet Banking –Consumer Enrollment Agreement contain the terms governing your use of the Bill Pay Service).
In addition to this Agreement, you may have a separate Agreement(s) for each of your Eligible Accounts and Mobile Banking Services.
By using the First National Bank of Tennessee Bill Pay Service, you agree to the Terms of this Agreement.

Definitions

“You or Your” means each Owner of an Eligible Account subject to the conditions described herein.
“We, Us, Our and First National Bank of Tennessee” means First National Bank of Tennessee.
“Eligible Account(s)” means your eligible First National Bank of Tennessee consumer checking money market account and other First National Bank of Tennessee products that may be accessed through the Service
“User” means you and others who are enrolled directly with the Bill Pay Service.
“Business Day” means every day is a Business Day except Saturdays, Sundays, and federal banking holidays.
“Payee” means an individual or entity to whom or which you make payment through the Mobile Banking Service or the individual or entity from which you receive payments.
“Consumer” means a person (not a business or other entity) with an Eligible Account for which an Online Financial Service is requested primarily for personal, family or household purposes.
“Bill Pay Service” or “the Service” or “Bill Pay” means each of the First National Bank of Tennessee Bill Pay Service which you may access through the Mobile Banking Service using an eligible, registered Mobile Device. Not all Eligible Accounts are accessible through the Mobile Banking Service.
“Mobile Device or Device” means a supportable registered mobile device, including a mobile device that is web-enabled, allows secure SSL traffic and also receives text messages. “Owner” means anyone who owns an Eligible Account.
“Due Date” means the date on which a payment becomes due to a Payee.
“Joint Account” is an Account owned by two or more individuals.
“Owner” means each person who is named owner of an Eligible Account as indicated in our records.
“Primary Owner” is the individual Owner who is listed first on the Eligible Account in in our records.
“Joint Owner” means an individual that is an Owner of an Eligible Account with the Primary Owner
“Scheduled Delivery Date” means the date a payment is scheduled to be delivered to a Payee.
“Vendor” means any third-party service provider we may engage to perform functions for us under this Agreement.

Eligibility for Bill Pay

To use the Service, you must have an Eligible Account with First National Bank of Tennessee in good standing. In addition, subject to the Terms of this Agreement, you may only use the Service for personal, family or household purposes. You cannot use it for or on behalf of any business, partnership, corporation, proprietorship, organization, or other entity.

Joint Accounts

If the Eligible Account is a joint account, you and any joint owner consent to our disclosing all information concerning any bill payments, completed, pending, and scheduled, to any joint owner. A joint owner may use the same Eligible Account for his or her individual use of the Service. Each owner of the Eligible Account is jointly and severally liable for all obligations incurred by the other owner’s use of the Service. Each owner must individually enroll in the Service and, if so enrolled, each owner will have a separate Payee list and payment history.

Payment Authorization

When setting up Payees and payments in Bill Pay, you must provide us with information on your Payee accounts. You must make sure this information is accurate and complete, and you agree to update this information as necessary to keep it accurate and complete. We will use the information that you provide to facilitate your use of the Service.

By providing us with names and account information of Payees of whom you wish to direct payments, you authorize us to follow the payment instructions that we receive from you. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Payee directives. In some cases, we may submit payments to the best-known Payee name or address. Bill Pay payments sent via paper check with varying Payee names may be combined in one envelope if those payments have the same mailing address, and the Payee has not registered their full/unique mailing address with the USPS, including their secondary address designation, e.g., Suite, Room, Floor, Dept. Building or Unit. If we need to, we may change or reformat your Payee account number to match the account number or format required by your Payee for electronic payment processing.

There are limits to the amounts you can pay. The Bill Pay screens will notify you if you attempt to exceed a limit. Your limits may be adjusted from time to time at our sole discretion. We, or our Vendor, also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.

We have no obligation to notify you if we cannot complete a payment because there are not sufficient funds available in your Eligible Account to process the payment. In that case, you are responsible for making alternative payment arrangements.

You may pay any Payee approved by us in the continental United States, Alaska and Hawaii, and the following United States Territories: Guam, Puerto Rico, and the Virgin Islands. Payments to a person or business with an APO of FPO address will be made via paper check. Unless otherwise specified, payments to Payees outside of the United States are prohibited. You may not use Bill Pay to make payments on behalf of third party. If you do so, we have the right to terminate your use of the Service. Bill Pay is intended for your use only. Trying to use Bill Pay to process payments on behalf of someone other than an Owner is prohibited and will be grounds for termination of Bill Pay and your access to the Service.

Bill Pay should not be used to transfer or deposit funds to another financial institution with the intent to deposit funds into a checking, savings, brokerage or other type of deposit accounts. We cannot guarantee correct delivery or routing in this instance.

Scheduling a Payment

When making payments through Bill Pay, please allow enough time for your Payee to receive your payment and credit your account properly. To avoid incurring a finance or other charges imposed by your Payee, you must schedule a payment sufficiently in advance of the payment Due Date. There will be a delay between the Payment Send On Date (the date your payment starts processing) and the date the Payee receives that payment, so you should schedule the payment accordingly. The Payment Send On Date must be at least five full Business Days before the date the payment is due at the Payee for check payments and up to three full Business Days (or as shown on the Make Payment screens) for electronic payments. Bill Payments sent by check will show the payer of the check as the “Name on Bill” you have provided for that Payee record. For scheduling purposes, you should count the first Business Day after your scheduled Payment Send on Date as Business Day one.

Payments must be scheduled before 7:00 p.m. Central Time to be processed on that day. We will withdraw funds from your Funding Account your Payment Send On Date. Your Available Balance may be reduced by the amount of your payment on your Payment Send On Date.

If a paper check is sent and the check is not presented for payment within 90 days, we, or our Vendor, will stop payment on the check and credit the check amount back to your Funding Account.

To avoid sending duplicate Bill Pay payments, if you schedule more than one payment to the same Payee for the same amount on the same date, only one payment will be sent.

Dollar Amount of Transfer Transactions

There are limits on the number of payments and the amount of money you can send through the Bill Payment Service. Your limits may be adjusted from time-to-time at our sole discretion. Please note the amount of money you can send to a new recipient may initially be restricted; however, we may adjust the bill pay transaction limit when you send subsequent payments to the same recipient. Your Bill Pay limits may vary from those of other User’s depending on criteria we establish from time to time. If you attempt to initiate a Bill Payment excess of these limits we may reject your payment. If we permit you to make a Bill Pay payment in excess of these limits, such payment will be subject to this Agreement and we will not be obligated to allow such payments at other times.

Bill Pay Transactions Subject to Rules of the Funding Account

All Bill Pay transactions are subject to the rules and regulations governing your Funding Account. You agree not to initiate any payments from an account that are not allowed under the rules and regulations applicable to that account, including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.

Authorization to Debit the Eligible Account

By instructing us to make a payment, you authorize us to debit your Eligible Account and remit the funds on your behalf to the Payee so that the funds arrive as close as reasonable possible to the Scheduled Payment Date. You also authorize us to credit your Eligible Account for payments returned to us as undeliverable by the United States Postal Service, or for payments returned to us by any third party service provider, other financial institution, or by the Payee as not posted or for payments remitted to you by another person.

A Funding Account must remain linked to the Service in order to use the Funding Account for current, future, and automatic (recurring) Bill Pay payments.

If we receive a bill payment drawn against your Funding Account, and there are insufficient available funds in your Funding Account to cover the payment, we may at our sole discretion:

Refuse to complete the bill payment or
Pay the bill payment and create an overdraft in your account, without regard to whether we may have previously established a pattern of honoring or dishonoring such payments.

In either case, we reserve the right to impose an overdraft fee in accordance with our deposit account agreement. You agree to pay any fees we may impose, which may vary depending on the action we take.

Any negative balance in your Funding Account will be governed by your applicable account agreement with us. Any negative balance in your account is immediately due and payable, unless we agree in writing, and you agree to reimburse us for any expenses incurred in recovering any monies due and owing, including reasonable attorney’s fees, expenses and any overdraft fees. We may suspend your access to the Service if you owe money to us. You authorize us to report the facts concerning the debt to any consumer reporting agency. You agree that we may contact you regarding your requested bill payments.

If your funding account is closed or is restricted for any reason, we reserve the right to cancel all pending payments and terminate or suspend processing of payments associated with the account. It will be your sole responsibility to make all pending and future payments by other means.

Fees

We do not charge a fee for bill payments under this Service. However, fees related to the use of the Service may be assessed by your mobile carrier, and data rates may apply. We reserve the right to assess fees in connection with the Service in the future. If we do assess fees, we will give you reasonable notice as required by law and deduct any applicable fees from the Eligible Account used for the deposit transaction. If the Eligible Account is closed or does not have sufficient funds to cover any charges or fees related to the Service, you authorize us to charge any such fees to any other deposit account you maintain with us.

Monitoring

We do not have any duty to monitor payments made through Bill Pay. If you are a business, and an Authorized Representative of yours uses your Funding Account to pay bills that aren’t yours, you assume the entire risk of loss. You also agree to indemnify and hold us and our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorney fees) arising from such use.

Payment Cancellation Requests

You have the right to change a scheduled bill payment, but you must do so within the secure online session by 7:00 pm Central Time on the Payment Send On Date by using the FNB Bill Pay Service.

After 7:00 pm Central Time, electronic bill payments that are already in process CANNOT be cancelled or stopped.

There is no charge for cancelling or editing a scheduled payment. Once we have begun processing a payment it cannot be cancelled or edited; therefore a stop payment must be submitted.

Stop/Change Payments

Your ability to process a stop payment request on a Bill Pay payment will depend on the payment method and whether or not the check that has been issued has been finally paid. We may also not have a reasonable opportunity to act on any Bill Pay stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Pay payment that has already been processed you must contact First National Bank of Tennessee at 931-823-1261 as soon as possible. Although we may attempt to accommodate your request, we have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days of any oral request. The fee for each stop payment request will be the current stop payment fee charge as set forth in our current Truth in Savings disclosure.

You may stop payment on a bill payment sent by paper check by using the Bill Pay secure online session or by calling First National Bank of Tennessee at 931-823-1261. Stop payment requests are not guaranteed. Payee’s can present paper check payment to their bank before the stop payment has been properly processed, and once a paper check has been cashed by the Payee it cannot be stopped. If we successfully stop the payment of a paper check, the funds will be credited back to your Funding Account the next Business Day.

Prohibited Payments

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Bill Pay Service, regardless of the purpose of the use. The following types of payments are prohibited, and we have the right, but are under no obligation, to monitor for, block, cancel, and/or reverse such payments,

Payments that violate any law, statute, ordinance or regulation
Payments that violate the terms of this Agreement
Payments that impose an unreasonable or disproportionately large load on our infrastructure
Tax payments or court ordered payments
Unlawful internet gambling transaction or other unlawful activity
Transactions that would result in payments to beneficiaries listed on the Specially Designated National lists from the US Department of Treasury
A payment that would violate, or cause First National Bank of Tennessee to violate, any economic sanctions, laws, or regulations of the United States, including those issued by the Office of Foreign Asset Control of the U.S. Department of the Treasury, Executive Order of the President, or a directive of the U.S. Department of the Treasury.

In no event shall we be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.

Limitation on Liability of the Service

We will attempt to make your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances, including but not limited to:

If, through no fault of ours, your Eligible Account does not contain sufficient available funds to complete the transaction;
Our Vendor’s payment processing center is not functioning properly, and you know or were advised by us about the malfunction or issue before you execute the transaction;
You have not provided us with the correct Eligible Account information, or the correct name, address, phone number, or account information for the Payee; and/or;
Circumstances beyond our control (such as, but not limited to, fire flood, or interference from an outside force) prevent proper execution of the transaction and we and our Vendor have taken reasonable precautions to avoid these circumstances;
We have been notified or suspect use of the Bill Pay service for other, illegal, fraudulent or unauthorized purposes.

Payee Limitation

We reserve the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment as set forth in the Prohibited Payments section of this Agreement.

Returned Payments

You understand that Payees and/or the United States Postal Service may return payments to us or our Vendor for various reasons such as, but not limited to (a) Biller’s forwarding address expired; (b) the account number you provided is not valid; (c) the Payee is unable to locate your account; (d) or the account is paid in full. We, or our Vendor, will attempt to research and correct the returned payment and return it to your Payee or void the payment and credit he payment amount back to your Eligible Account. You may or may not receive the notification from us about a returned payment.

Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we or our Vendor will disclosure information to third parties about your account or the transactions you make in the following situations either pursuant to our Privacy Policy or in the following circumstances:

Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as credit bureau or a Payee or Biller;
To a consumer reporting agency;
To a collection agency;
In order to comply with a governmental agency or court orders; or,
If you give us written permission

Authorization to Obtain Financial and Other Information

You agree that we have the right to obtain financial and other information regarding you and your accounts at any Payee (for example, to resolve payment posting problems or for verification).

Termination

We may, at our sole discretion, terminate your access to Bill Pay without prior notice if you, including but not limited to:

Have Bill Pay and don’t schedule or process a payment through the Service for any 6 month period.
Use or we suspect use of the Bill Pay service for other, illegal, fraudulent or unauthorized purposes;
Close your checking account and do not designate a new checking account for use with the Service within 30 days.

If we terminate your use of Bill Pay, your online bill payment information will be lost and all pending payments will be cancelled and are your sole responsibility.

If you decide to stop using the Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel the Service, either by deleting those payments yourself or by calling 931-823-1261.

Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Bill Pay Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless First National Bank of Tennessee, any owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Bill Payment Service, or any violation by you of the terms of this Agreement including but not limited to:

Any negligent or intentional act or omission by you in the performance of your obligations under this Agreement, including but not limited to:

Transmission of duplicate bill payments,
Transmission of any prohibited payment,
Missing, outdated or incorrect Payee information,
Numerical errors on bill payment data entry, and
Fraudulent or unauthorized use of your hardware, username and/or passwords.

Additional Provisions (Business Accounts Only)

The provisions in this section apply only to Bill Pay payments from Business accounts. For payment requests from Business accounts, which are subject to Article 4A of the Uniform Commercial Code (UCC 4A), we are liable only for damages required to be paid under UCC 4A. We will never be liable for any exemplary, special, indirect, or consequential loss, damage, costs, or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law.

2. Mobile Remote Deposit Capture Service

Description of Service

Mobile Remote Deposit Capture allows approved Users to make deposits to eligible checking accounts, money market and savings accounts from remote locations by creating an image of a check(s) using the camera app of the User’s eligible mobile device and delivering the image(s) and associated deposit information to First National Bank of Tennessee.
This section of the Agreement (“End User Terms”), the First National Bank of Tennessee Mobile Banking Enrollment Terms and Conditions and the Internet Banking – Business Enrollment Agreement and Internet Banking –Consumer Enrollment Agreement contain the terms governing your use of the Mobile Remote Deposit Capture Service (MRDC).
In addition to this Agreement, you may have a separate Agreement(s) for each of your eligible accounts and Mobile Banking Services.
Mobile Remote Deposit Capture is only available through the First National Bank of Tennessee mobile app.

Definitions

“You or Your” means each Owner of an Eligible Account subject to the conditions described herein.
“We, Us, Our and First National Bank of Tennessee” means First National Bank of Tennessee.
“Eligible Account(s)” means your eligible First National Bank of Tennessee consumer checking, savings or money market account and other First National Bank of Tennessee products that may be accessed through the Service
“User” means you and others who are enrolled directly with the Mobile Banking Service or Mobile Remote Deposit Capture Service.
“Business Day” means every day is a Business Day except Saturdays, Sundays, and federal banking holidays.
“Consumer” means a person (not a business or other entity) with an Eligible Account for which an Online Financial Service is requested primarily for personal, family or household purposes.
“Mobile Remote Deposit Capture Service or “the Service” or “Mobile Deposit” or “MRDC Service” means each of the First National Bank of Tennessee consumer Mobile Remote Deposit Capture service which you may access through the Mobile Banking Service using an eligible, registered Mobile Device. Not all Eligible Accounts are accessible through the Mobile Banking Service.
“Mobile Device or Device” means a supportable registered mobile device, including a mobile device that is web-enabled, allows secure SSL traffic and also receives text messages. “Owner” means anyone who owns an Eligible Account.

Limitations of Service

When using the Service you may experience technical or other difficulties. We do not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service has qualification requirements, and we reserve the right to change the qualifications at any time with prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

Mobile Remote Deposit Service Unavailability

The MRDC Service may be unavailable due to system maintenance or technical difficulties, including those of the internet service provider, cellular service provider and internet software or for other reasons. In the event the MRDC Service is unavailable, you may deposit checks at any First National Bank of Tennessee branch during regular banking hours or by night drop box or by postal mail or common carrier.

Charges and Fees

If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid you agree that we may charge back the amount of the returned item to the Eligible Account the check was originally deposited to and you will be assessed a fee in the amount shown on First National Bank of Tennessee’s current Fee Schedule for a returned check. If you become indebted to First National Bank of Tennessee in any way, we can take any funds voluntarily deposited to any First National Bank of Tennessee accounts in which you have an interest to recover all or part of what you owe without notice and without waiving other collection rights.

We do not charge a fee for making a deposit under this Service. However, fees related to the use of the MRDC Service may be assessed by your mobile carrier, and data rates may apply. We reserve the right to assess fees in connection with the MRDC Service in the future. If we do assess fees, we will give you reasonable notice as required by law and deduct any applicable fees from the Eligible Account used for the deposit transaction. If the Eligible Account is closed or does not have sufficient funds to cover any charges or fees related to the MRDC Service, you authorize us to charge any such fees to any other deposit account you maintain with us.

Enrollment in the Service

In order to enroll in the Mobile Remote Deposit Capture Service, you must be designated as an owner or authorized signer of a First National Bank of Tennessee account that is eligible for this Service.

The MRDC Service is for use by consumer Users only and is not intended for commercial or business use. You may not make deposits to any business or commercial accounts using the MRDC Service.

User access and Eligible Account permissions will be approved and granted by First National Bank of Tennessee. As a condition to our Service provisions you shall:

Be enrolled in the First National Bank of Tennessee eBanking system
Be enrolled in the First National Bank of Tennessee Mobile Banking service
Use an eligible and supported Mobile Device with camera app
Download the First National Bank of Tennessee Mobile app
Be an approved User according to this Agreement and the Mobile Banking Service Terms and Conditions
Be an owner or authorized signer of an approved, eligible deposit account in good standing
Must have an account relationship with First National Bank of Tennessee for at least 30 calendar days
Comply with such restrictions on enrollment, eligible account types, dollar limits, transaction frequency or other restrictions as we may communicate to you from time to tim

Eligible Items

You agree to scan and deposit only checks as defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of a check transmitted to First National Bank of Tennessee shall be deemed an “item” within the meaning of the Article 4 of the Uniform Commercial Code as adopted in Tennessee. We reserve the right to reject any deposit.

You agree that you will not use the MRDC Service to scan and deposit any checks or other items as shown below without limitation:

Checks or items payable to any person or entity other than you;
Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder;
Checks made payable to a third-party;
Checks made payable to you and another person, who is not an account holder:
Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent, counterfeit or otherwise not authorized by the owner of the account on which the check or item is drawn and that all signatures are authentic and authorized;
Checks or items previously converted to a substitute check or image replacement documents (IRD’s), as defined in Reg CC;
Checks or items drawn on a financial institution located outside the United States;
Checks or items not payable in United States currency; Checks or items that are remotely created checks, as defined in Reg CC;
Checks or items dated more than six months prior to the date of deposit or post-dated;
Checks or items that contains MICR data that is not machine readable;
Checks or items that do not pass image quality checks;
Checks or items that were previously processed in a mobile deposit;
Checks or items that have been previously returned to you for any reason;
Cash or other items that are not considered a check as defined in Reg CC.

Even if we do not initially identify an item as an ineligible item, it may nevertheless be returned to you because, among other reasons, the paying bank determines that the item is ineligible or does not meet image quality standards. Our failure to identify an ineligible item shall not preclude or limit your obligations under this Agreement.

We reserve the right to charge back to your account, at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

Image Quality

The image of a check transmitted to us using the MRDC Service must be legible as determined by First National Bank of Tennessee. The image must display the MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality of the check(s) must comply with the requirements established from time to time by American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Endorsements and Procedures You agree to restrictively endorse any item transmitted through the MRDC Service as “For Mobile Deposit Only to FNBOTN”, or otherwise, as may be instructed by First National Bank of Tennessee. A check payable to two payees must be endorsed by both payees as indicated. If a check is payable to you OR your joint owner, either payee can endorse the check. If a check is made payable to you AND your joint owner, both payees must endorse the check. We may reject any deposit if all required signatures and restrictive endorsement(s) are not present.

The Bank has the right to pass on any losses incurred from delays or processing errors resulting from irregular or incorrect endorsements or other markings by the consumer. You agree to follow any and all other procedures and instructions for use of the MRDC Service as the Bank may establish from time to time. The manner in which items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion.

Receipt of Items

We reserve the right to reject any item transmitted through the MRDC Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are “dropped” during transmission. An image of an item shall be deemed received when the MRDC Service generates a confirmation message. Receipt of such confirmation does not guarantee that the transmission was error free or complete or that all checks included in the transmission will be eligible for deposit. If you transmit your mobile remote deposit to First National Bank of Tennessee before the cut-off time, that we separately disclose to you, on any Business Day, we shall review and process your deposit on that Business Day. If you transmit your mobile deposit to us after the cut-off time on any Business Day, we shall review and process your mobile deposit on the next available Business Day.

We reserve the right to process a check by clearing the item as an image or as a substitute check at our sole discretion. By using the MRDC Service you assume the risk that an item may be intercepted or misdirected during transmission. First National Bank of Tennessee bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Availability of Funds

You understand that checks deposited using the MRDC Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC until they are received by the Bank. Mobile Deposits shall be deemed received when the MRDC Service generates a confirmation message of a successful deposit. Availability of funds will be determined according to the Bank’s current Funds Availability Policy.

No Right to Cancel or Stop a Mobile Deposit Transaction Mobile Remote Deposit Capture deposits that have been processed cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any dispute with any third party relating to use of the MRDC Service.

Disposal of Transmitted Items Upon confirmation of the completed posting of a mobile deposit to an Eligible Account, whether by review of mobile or online banking transaction history or account statement, you agree to mark the deposited check(s) “ELECTRONICALLY PRESENTED” and securely store the check(s) for at least 45 calendar days from the date of the image transmission. Upon our request, you will deliver to us within 10 calendar days, at your expense, the requested check in your possession or a sufficient copy of the front and back of the item to aid in the clearing or collection process or to resolve claims made by you, us or any other party with respect to any items or for First National Bank of Tennessee’s audit purposes. If not provided in a timely manner, the face amount of the item may be reversed from your account. Promptly after 45 calendar days have expired, you agree to destroy the check(s) that were transmitted as a mobile deposit by shredding or otherwise rendering the item(s) incapable of further transmission, deposit or presentment. After destruction of the check(s), the image will be the sole evidence of the check. You agree that you will never negotiate or re-deposit the original check. Frequency of Mobile Deposit Transactions

We may limit the frequency of mobile deposits you make. You may not make mobile deposits in excess of the number of mobile deposits allowed by the rules governing the applicable Eligible Accounts. If you attempt to initiate a deposit in excess of these limits we may reject your deposit. We may from time to time, for security and risk management reasons, modify the limit, the frequency, and the dollar amount of mobile deposits you can make using the MRDC Service. If we modify the frequency of mobile deposits in excess of established limits, such deposits will be subject to this Agreement and we will not be obligated to allow such deposits at other times. Your mobile deposit limits may vary from those of other User’s depending on criteria we establish from time to time.

Dollar Amount of Mobile Deposit Transactions

There are transaction limits on the dollar amount of mobile deposits you can send through the MRDC Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the MRDC Service on First National Bank of Tennessee’s Mobile app to view your individual transaction limits. Your mobile deposit limits may vary from those of other User’s depending on criteria we establish 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 Agreement and we will not be obligated to allow such deposits at other times.

Transactions Subject to Rules of the Funding Account

All MRDC transactions are subject to the rules and regulations governing your Eligible Account. You agree not to initiate any deposits to an account which are not allowed under the rules and regulations applicable to that account, including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.

Failure or Rejection of Deposits

We do not make any representation or warranty that any particular MRDC transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the mobile deposit is only an estimate, and is not binding on us. You understand and agree that we may not be able to complete a mobile deposit if:

Your Eligible Account is subject to any status codes, holds, or other action taken by First National Bank of Tennessee that would not allow the deposit to take place;
Your Eligible Account has been closed or is otherwise unavailable to us

We also reserve the right, but assume no obligation, to select the method in which to return funds from the MRDC Service to you in the event we cannot complete a mobile deposit.

Returned Deposits

Any credit to your Eligible Account for checks deposited using the MRDC Service is provisional. If a deposit made through the MRDC Service is dishonored, rejected or otherwise returned unpaid by the drawee bank, or is rejected or returned by any clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image; you agree that we may charge back the amount of the check plus any fees, and provide you with an image of the check, a paper reproduction of the check or a substitute check. You agree that you will pay us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You further agree that you shall not attempt to deposit any check that has previously been returned to you, whether by us or by any other financial institution, using the MRDC Service. We may charge any of your accounts to obtain payment for any item that has been returned or rejected, for any adjustment related to such item or for any warranty claim related to such item, whether or not the return, rejection, adjustment or warrant claim was made timely. You will pay us for all loss, cost, damage or expense caused by or relating to any item that has been returned or rejected. You agree that you will be responsible for restoring any negative balance that results from lawful return of any deposited item by the paying institution.

Consent to Emails and Text Messages

By participating as a User, you represent that you are the owner of the email address, telephone phone number, mobile device, Eligible Account and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, telephone number, mobile device, Eligible Account and/or other alias to create and transmit deposits as described in this Agreement. You consent to the receipt of email and text messages from us.

You further acknowledge and agree:

You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
You will immediately notify us if any email address or telephone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us.
For help or information regarding messaging contact our customer service at 931-823-1261.

You agree that you will notify us immediately in the event of a change to any email address or telephone number that has been provided to us and is associated with you. You may instruct us to change any email address or telephone number we associate with you in the Mobile Banking Service at any time. Address and telephone number changes may be initiated:

at your request
if we receive notice of change to your email address or telephone number from any common carrier; or
if we receive information from another party in the business of providing correct contact information that the email address or telephone number is no longer associated with you.

We may continue to rely on any email address or telephone number that has been provided to us until you notify us of a change. We may act on any instruction purported made on your behalf within a reasonable time after we receive such instruction.

Security
You are solely responsible for the security of the wireless device you own and use to access the MRDC Service (including, but not limited to, securing the hardware with a password, PIN or other security credentials to prevent unauthorized use). First National Bank of Tennessee expressly disclaims any responsibility for the security of hardware, software, wireless communication networks or any equipment, facilities or communication channels we do not own or control.

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Mobile Device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits or deposits containing checks or items that are fraudulent, counterfeit or otherwise not authorized by the owner of the account on which the check or item is drawn or checks or item where all signatures are not authentic nor authorized.

You will notify us immediately by telephone at 931-823-1261, followed by written confirmation, if you learn of any loss of theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgement, we may audit or monitor your MRDC Service activity and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement. We make no representation that any content or use of the MRDC Service is available for use in locations outside the United States. Accessing the MRDC Service from locations outside the United States is at your own risk.

You must take every precaution to ensure the safety, security and integrity of your account and transactions when using the MRDC Service. You must not leave your Mobile Device unattended while logged into the MRDC Service and must log off immediately at the completion of each access by you. You must not provide your username, password, or other access information to any person(s) who is not authorized to access an Account and to deposit or withdraw money from it. Tell us at once if you believe that your password or Mobile Device has been lost or stolen. If other persons have access to your Mobile Device, login information or other means to access the MRDC Service because of your negligent conduct, whether intentional or unintentional, the liability for transactions they request will be your responsibility and we will not be liable for any damages resulting to you or any third party.

Terminating Access

In the event you violate any terms of this Agreement; there are unauthorized or fraudulent transactions related to your use of the MRDC Service or we incur any problems with your use of the MRDC Service, you agree that we may suspend or terminate your access to the Service at any time.

We may, in our sole discretion, at any time and without prior notice to you, suspend or terminate:

the Mobile Remote Deposit Capture Service
your ability to transmit deposits through the MRDC Service

If you wish to cancel the MRDC Service, you may contact customer service at 931-823-1261. Any deposit(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the MRDC Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

In the event your access to the MRDC Service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that this Agreement, or any revised or amended version of this Agreement in effect at the time of reactivation or reinstatement, will continue to apply to your Mobile Remote Deposits and use of the Mobile Remote Deposit Capture Service.

Other Warranties

You make the following warranties and representations with respect to each image:

Each image is a true and accurate rendition of the front and back of the original check, without any alteration, the drawer of the check has no defense against the payment of the check.
The amount, payee(s), signature(s) and endorsement(s) on the image and on the original check are legible, genuine, accurate, authentic and authorized.
You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
There are no other duplicate images of the original check.
The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
You are authorized to enforce and obtain payment of the original check.
You have possession of the original check and no other party will submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or other harmful features that may have an adverse impact on our network, data, or related systems.

Your Additional Responsibilities

Account Ownership/Accurate Information

You represent that you are the owner of the Eligible Account(s) and other financial information which may be accessed via the MRDC Service. You represent and agree that all information you provide us in connection with the MRDC Service is accurate, current and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your account information at any time. You further agree that you will keep your account and contact information up to date and accurate. You represent that you are an authorized user of the Mobile Device you will use to access the MRDC Service.

Compliance and Law

You warrant that you will only use the Mobile Remote Deposit Capture Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit eligible items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

User Conduct

You agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or attempt to interfere, with the technology or Service. We and our technology partners, retain all rights, title and interests in and to the Services, Software and Development made available to you. You may not make any commercial or business use of the MRDC Service, such as reselling, leasing, and renting or distribute access to the MRDC Service and may not permit any third party to so use the MRDC Service.

Use of Our On-line Banking Site and/or Mobile App

You agree to access the First National Bank of Tennessee Mobile app in compliance with our FNB Mobile Banking Enrollment Terms and Conditions which are incorporated into and made part of this Agreement by this reference.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, FIRST NATIONAL BANK OF TENNESSEE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. FIRST NATIONAL BANK OF TENNESSEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL FIRST NATIONAL BANK OF TENNESSEE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF FIRST NATIONAL BANK OF TENNESSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH FIRST NATIONAL BANK OF TENNESSEE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF FIRST NATIONAL BANK OF TENNESSEE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Mobile Remote Deposit Capture Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless First National Bank of Tennessee, any owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the MRDC Service, or any violation by you of the terms of this Agreement including but not limited to:

Any negligent or intentional act or omission by you in the performance of your obligations under this Agreement, including but not limited to:

Duplicate scanning of the same original paper checks,
Transmission of duplicate electronic checks,
Calculation errors of deposit totals,
Numerical errors on deposit data entry, and
Fraudulent or unauthorized use of your hardware, username and/or passwords.

First National Bank of Tennessee Release

You release First National Bank of Tennessee and our affiliates and vendors and the employees and contractors of each of these, from any and all claims, demands and damages (actual or consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other persons related to your use of the MRDC Service.

Miscellaneous

Subject to the terms of this Agreement, the MRDC Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our control. Customer service generally will be available Monday through Friday, excluding US bank holidays.

3. Zelle Network® Service

Description of Services

We, First National Bank of Tennessee, ( “We”), have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Transfer Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks”.
This section of the Agreement (“End User Terms”), the First National Bank of Tennessee Mobile Banking Enrollment Terms and Conditions and the Internet Banking – Business Enrollment Agreement and Internet Banking –Consumer Enrollment Agreement contain the terms governing your use of the Zelle Transfer Service.
Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
THE TRANSFER SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU YOU SHOULD NOT USE THE TRANSFER SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

Definitions

“ACH Network” means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial
“Affiliates” are companies related by common ownership or
Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific
“Payment Network” means a debit or credit payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be
“Network Banks” or “Network Financial Institutions” means financial institutions that have partnered with Zelle.
“Receiver” is a person that is sent a Payment Instruction through the Zelle Payment Service. Senders should ensure that Receivers are known and trusted
“Requestor” is a person that requests an individual to initiate a Payment Instruction through the Zelle Payment
“Sender” is a person or business entity that sends a Payment Instruction through the Zelle and other Payment
“User” means you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with
“Zelle Payment Request” means functionality that allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Zelle Payment
“Transfer Transaction” means a transaction initiated through the Transfer Service to transfer funds out of your account to a User; receive a transfer of funds into your Deposit Account from a User; send a request to a User asking the User to transfer funds to them using the Transfer Service; receive a request from a User asking you to transfer funds to them using the Transfer Service.
“Deposit Account” means a transaction account that has been identified by the financial institution holding the account as eligible to receive funds from Transfer Transactions.
“Funding Account “means a transaction account that has been identified by the financial institution holding the account as eligible to serve as a funding account for Transfer Transactions.
“Participating Financial Institution” means any financial institution which is participating in, or cooperating with Zelle and the Transfer Service.
“You or Your” means each Owner of an Eligible Account subject to the conditions described herein.
“We, Us, Our and First National Bank of Tennessee” means First National Bank of Tennessee.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license

Eligibility and User Profile

When you enroll to use the Transfer Service or when you permit others to whom you have delegated to act on your behalf to use or access the Transfer Service, you agree to the terms and conditions of this Zelle Agreement You represent that you are at least 18 years of age and have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Transfer Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Transfer Service to request money from anyone for any such payments.

The Transfer Service is intended for personal, not business or commercial use. You agree that you will not use the Transfer Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Transfer Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Transfer Service for business or commercial purposes, or for any unlawful purpose.

The Zelle Payment Service enables you:

To initiate a Payment Instruction from an Eligible Account to an account at a U.S. Financial Institution; and/or
To receive a payment from another User into an Eligible Account, in U. S. Dollars.
All payments and receipts of payments must be made through the Mobile Application and are subject to the terms of the First National Bank of Tennessee Mobile Banking Enrollment Terms and Conditions, this Agreement, the Zelle Network Agreement and applicable laws and regulations, in each case as in effect from time to time.

You represent and warrant to us that:

all Transfer Transactions you initiate are for your own account, and not on behalf of another person,
you are not receiving any fee or compensation from any other person in return for initiating a Transfer Transaction, and
you are authorized by the receiving participant to make funds transfer to the participants account at the participant’s financial institution.

When you register with Zelle, you may establish one or more profiles. Each profile may be linked to only one bank account, but you may register multiple email addresses or U.S. mobile phone numbers in each profile. Once you have registered an email address or a U.S. mobile phone number with a profile, you may not use that same email address or phone number with any other profile across the Zelle network.

Consent to Share Personal Information (Including Account Information)

You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using the Transfer Service in violation of law, including but not limited to, laws and regulations designed to prevent “money laundering” or transfer of funds to or from persons or organizations whole accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

You understand that in order to complete funds transfers using the Transfer Service, it may be necessary for us to communicate with other financial institutions and other participants in the Transfer Service concerning Transfer Transactions. You agree that we may use, copy, modify, update, display, and distribute to other persons any information or data you provide to us for the purpose of processing Transfer Transactions or providing the Transfer Service and you give us license to do so.

You authorize us and other Participating Financial Institutions to use information you provide us, and information concerning your Transfer Transactions in order to:

initiate and complete Transfer Transactions;
provide ancillary and supporting services to facilitate your Transfer Transactions and use of the Transfer Service;
your authorization includes, but is not limited to, providing such information to:
users to whom you send funds or from whom you receive funds using the Transfer Service;
Zelle;
user’s Financial Institutions, and
any intermediary or service that is in any way facilitating or processing the Transfer Transaction.

We may also disclose information to third parties about your account or the transfers you make, in order to process your transactions or to verify the existence and conditions of your account. The third parties may include transaction processors, clearinghouses, credit bureaus and merchants.

Each time you use the Transfer Service you represent and warrant to us that:

you have the right to authorize us to access your Funding Account to effect funds transfers or for any other purpose authorized by this Agreement;
you are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a funds transfer, and
all the information you provide us is true, current, accurate and complete.

We will maintain audit logs to track your access, view and use of electronic data in connection with your use of the Transfer Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with other Transfer Service Participants.

Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Statement at https://www.fnbotn.com/privacy-statement/ which is incorporated into and made a part of this Zelle Agreement by this reference.

You authorize each Participating Financial Institution to use the email addresses and telephone numbers that are associated with you to process and route Transfer Transactions to and from your Funding and Deposit Accounts. In particular, if you:

receive notice of a Transfer Transaction via an email address or via text message at any telephone number, and
authorize or accept completion of the Transfer Transaction then

You are also authorizing all Participating Financial Institutions and Zelle to associate that email address or telephone number with you and with your Funding and Deposit Accounts. You agree that we may provide information about you to:

any member you contact, communicate with, send funds to or receive funds from using the Transfer Service, and
any user’s financial institution, Zelle, or any other person engaged in processing, facilitating or delivering Transfer Transactions to which you are a party.

The information we provide may include your name, address, telephone number and email address. You irrevocably waive any provision of our Privacy Statement which would prevent us from providing this information in connection with any Transfer Transaction to which you are a party. We may, in our sole discretion and for any reason, decline at any time to accept or use, or to continue to accept or use, any specific email address or telephone number provided to us by any person.

Wireless Operator Data

We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle’s Privacy Policy [https://www.Zellepay.com/privacy-policy] for how it treats your data. This Agreement is also subject to the First National Bank of Tennessee Privacy Policy at https://www.fnbotn.com/privacy-statement/.

Enrolling for the Service

You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
Once enrolled, you may:
1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
2. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Zelle Agreement You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message Please check your mobile service agreement for details or applicable fees.
You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by
In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your
Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your
To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 931-823-1261. You expressly consent to receipt of a text message to confirm your “STOP” request.

You agree that you will notify us immediately in the event of a change to any email address or telephone number that has been provided to us and is associated with you. You may instruct us to change any email address or telephone number we associate with you in the Transfer Service at any time. Address and telephone number changes may be initiated:

at your request
if we receive notice of change to your email address or telephone number from any Participating Financial Institution or any common carrier; or
if we receive information from another party in the business of providing correct contact information that the email address or telephone number is no longer associated with you.

Receiving Money
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle Agreement and the procedures of the business or government agency that is sending you the payment.

You agree that we may hold funds we receive on your behalf for a reasonable period of time while attempting to identify a Deposit Account if you have either:

not yet identified a Deposit Account, or
closed your prior Deposit Account but still have other open accounts with us.
we may return all or part of any Transfer Transaction to the sending financial institution, at any time and in our sole discretion, if either:
we are unable to establish that you are the intended recipient of the Transfer Transaction
you do not register with the Transfer Service the specific email address or telephone number the sending User has provided to us for you
we reasonably believe that completing the Transfer Transaction would violate any applicable regulation or law
the User sending the funds as exceeded any of the sending limits established by the Sender’s financial institution for Transfer Transactions
you have exceeded or will, by receiving the Transfer Transaction, exceed any of your receiving limits for Transfer Transactions
we are advised that either the Participating Financial Institution, the Sender initiating the Transfer Transaction, or the owner of the Funding Account from which the payment was made, has alleged that the Transfer Transaction is fraudulent or unauthorized, or we suspect the Transfer Transaction is fraudulent or unauthorized, or
you do not identify a Deposit Account within a reasonable time, not to exceed 14 calendar days, after you are sent notice of a pending Transfer Transaction.

You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

You authorize the Sender, the financial institution which holds the Sender’s Eligible Account and us (including through the Website) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle Payment Requests, from others through the Zelle Payment Service.

You acknowledge and agree that in the event that funds that you have received from another User are determined to be improper because it was not authorized by the sender, because there were not sufficient funds in the sender’s account, or for any other reason, then you hereby authorize us or our Vendor to withdraw from your Eligible Account and the full amount of the funds improperly transferred to you.

Sending Money

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. For your protection, you should only send money to people you know and trust.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

If you do not have enough money in your Funding Account to make a Transfer Transaction, we may reject your request to initiate the Transfer Transaction.

You agree that each payment instruction you give us is an authorization to make a funds transfer on your behalf. You authorize us to withdraw the funds from your Funding Account immediately upon receiving your instructions for the Transfer Transaction and to place the funds in a suspense account pending completion of the Transfer Transaction. You understand and agree that in the case of a Transfer Transaction to a person who is not yet enrolled in the Transfer Service, or if your Funding Account has been open for less than thirty days, we may hold your funds in the suspense account for up to fifteen business days before either returning the funds to you or sending them to the recipient.

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User. You understand and agree that we have no control over whether or not the Recipient’s Financial Institution will require manual acceptance of each Transaction Transfer you send to the Recipient or how long the Recipient’s Financial Institution will hold funds before returning them.

You authorize us to act as your agent in receiving and processing any return of funds or Notification of Change received through the Automated Clearing House system.

We also reserve the right, but assume no obligation, to select the method in which to remit funds on your behalf though the Transfer Service in the event that your Funding Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Vendor, or draft drawn against your account.

No Right to Cancel or Stop a Transfer Transaction

Transfer Transactions that have been processed cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any payment dispute with any User to whom you send money through a Transfer Transaction.

Requesting Money

You may request money from another User. All fund transfer payments received are subject to the rules and regulations governing your Deposit Account.

You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

You will not make or repeat a request for money to a User after you have received notice of any person that either:

the User does not wish to receive a request for money from you; or
the User disputes or disclaims the obligation for which the request is made.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, and offensive or unwelcome by the recipient.

Frequency of Transfer Transactions

We may limit the number of transfer transactions you make. You may not make transfers in excess of the number of fund transfers allowed by the rules governing the applicable accounts. We may from time to time, for security and risk management reasons, modify the limit, the frequency, and the dollar amount of transfers you can make using the Transfer Service. We also reserve the right to limit the number of requests to receive money that you have pending at any one time.

Dollar Amount of Transfer Transactions

There are limits on the amount of money you can send or receive through the Zelle Payment Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Transfer Service on First National Bank of Tennessee’s eBanking system to view your individual transaction limits. Please note the amount of money you can send to a new recipient may initially be restricted; however, we may adjust the transfer transaction limit when you send subsequent payments to the same recipient. Your transfer limits may vary from those of other User’s depending on criteria we establish from time to time.

Transfer limits applicable to Users of other Financial Institutions are governed by the User’s Financial Institution’s transfer service agreements. Transfer limits applicable to User’s that use the separate Zelle transfer service website or mobile app are governed by Zelle’s separate transfer service agreements. You understand that if you use the separate Zelle transfer service or mobile app, you may be subject to lower limits than those applicable to those Users of the Transfer Service hosted directly by First National Bank of Tennessee.

Transfer Transactions Subject to Rules of the Funding Account

All Transfer Transactions are subject to the rules and regulations governing your Funding Account. You agree not to initiate any payments from an account that are not allowed under the rules and regulations applicable to that account, including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations. You agree that any Transfer Transaction to a User’s account which is not with a Participating Financial Institution will also be governed by the NACHA Operating Rules and any applicable card network rules.

Failure or Rejection of Transfer Transactions

We do not make any representation or warranty that any particular Transfer Transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the Transfer Transaction is only an estimate, and is not binding on us. You understand and agree that we have no control over the action of other Users, or of other financial institutions (including User’s Financial Institutions) that may prevent a Transfer Transaction from being completed, or may delay its completion. You understand and agree that we may not be able to complete a Transfer Transaction if:

The receiving User does not enroll in or register with the Transfer Service; or,
The receiving User does not register with the Transfer Service the specific email address or telephone number you have provided to us for them.

If you do not have enough money in your Funding Account to make a Transfer Transaction we may reject your request to initiate the Transfer Transaction.

We also reserve the right, but assume no obligation, to select the method in which to return funds from the Transfer Service to you in the event that your Deposit Account is closed or otherwise unavailable to us.

Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER WE NOR ZELLE OFFERS A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

Payment Authorization and Payment Remittance

By providing us with names and telephone numbers, email addresses, and/or bank account information of known and trusted Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle Payment Service. Once registered, you authorize us to credit your Deposit Account for payments remitted to you on behalf of a Sender without further approval from you.

When we receive a Payment Instruction from you, you authorize us to debit your Funding Account for the amount of any such Payment Instruction at the time you initiate the Payment Instruction, and to remit funds on your behalf. You also authorize us to credit your Deposit Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.

You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors.

Zelle Payments

Not all Payment Networks participate in Zelle.

Zelle Payments may be initiated using:

The Receiver’s email address or U.S. mobile number and the Zelle Payment Service will validate the Zelle Payments eligibility of the Receiver prior to transferring the funds; or
The Receiver’s bank account information, and the funds will be deposited into the Receiver’s applicable checking or savings account.

Payment delivery speed may vary based upon the funds availability policy of each financial institution and Payment Network availability.

We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. Notwithstanding anything to the contrary in these Terms, Zelle Payments settlements are final except as set forth in the applicable Payment Network rules and recovery may not be possible; however, if applicable Payment Network rules allow for reversal of funds, we will attempt to recover such funds from the Receiver’s Eligible Account.

We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle Payments. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications. We will choose the Payment Networks in which we will participate in our sole discretion.

In most cases, when you are sending money using a Zelle Payment, the transfer will typically occur in minutes; however, there are circumstances when the payment may take longer.

For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not registered as a User with either Zelle or a Network Bank, the Zelle Payment transfer may take up to two (2) days from the day the intended Receiver responds to the payment notification by registering as a

If a person to whom you are sending money is not registered as a User or may fail to register with Zelle, or otherwise ignore the payment notification, then the transfer may not occur. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification). We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

Regarding Zelle Payment Services other than Zelle Payments, you understand and agree that when you initiate a Payment Instruction from an Eligible Account using the Zelle Payment Service:

The processing and the debit from your account will begin as early as the date that the transaction is

However, other than with respect to Zelle Payments, the credit to the Receiver will not be transferred any earlier than the next Business Day after the payment has been initiated. If you request:

a one-time Payment Instruction to be initiated on a specified date or
a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Account will occur as early as the specified date(s). However, the credit to the Receiver will not be transferred at the earliest until the next Business Day following the specified date

The Receiver may be required to provide Zelle Payment Service additional information in in order to be able to receive funds, if they have not yet done so.

You acknowledge and agree that we will begin to process the transfer once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) calendar days have elapsed.

You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instructions have not begun until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this these Terms. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of Section 20 below.

Zelle Payments Payment Instructions may not be cancelled.

Our ability to stop a Zelle Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the payment to the Receiver has begun processing.

Payments not claimed by a Receiver will be automatically cancelled fourteen (14) calendar days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment.

You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a Payment Instruction initiated or attempted through the Zelle Payment Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Funding Account or use other reasonable efforts to return such payment to you as permitted by law. You agree that you will use Zelle to send payments to known and trusted Receivers and will not hold us liable for any damages resulting from a Receiver’s inability to deliver goods and/or services for which payment was rendered.

Security

You are solely responsible for the security of the Mobile Device you own and use to access the Transfer Service (including, but not limited to, securing the hardware with a password, PIN or other security credentials to prevent unauthorized use). First National Bank of Tennessee expressly disclaims any responsibility for the security of hardware, software, wireless communication networks or any equipment, facilities or communication channels we do not own or control.

You will complete each transfer transaction promptly. If you are unable to complete your transfer transaction promptly, you will ensure that your Mobile Device remains securely in your possession until the transfer transaction has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized transfer transactions.

You must take every precaution to ensure the safety, security and integrity of your account and transactions when using the Transfer Service. You must not leave your Mobile Device unattended while logged into the Transfer Service and must log off immediately at the completion of each access by you. You must not provide your username, password, or other access information to any person(s) who is not authorized to access an Account and to deposit or withdraw money from it. Tell us at once if you believe that your password or Mobile Device has been lost or stolen. If other persons have access to your Mobile Device, login information or other means to access the Transfer Service because of your negligent conduct, whether intentional or unintentional, the liability for transactions they request will be your responsibility and we will not be liable for any damages resulting to you or any third party.

Your Liability for Unauthorized Transfers (consumer accounts only)

Tell us AT ONCE if you believe that your password or access device has been lost or stolen or you believe that a Transfer Transaction has been conducted without your permission.

Your liability for an unauthorized Transfer Transaction or a series of related unauthorized Transfer Transactions will be determined as follows: If you notify us of the error within two Business Days after you learn of the loss or theft of your password or access device, your liability is limited to $50.

If you do NOT notify us of the error within two Business days after you learn of the loss or theft of your password or access device, and we can prove that we could have stopped subsequent unauthorized Transaction Transfer(s) had you notified us, your liability could be as much as $500.

We will investigate your complaint and will correct any error promptly. If we need more time to conduct our investigation, which may take up to 45 calendar days, we will credit your account for the amount you think is in error so that you have full use of the funds during the time it takes us to complete our investigation. If we ask for notification of the error in writing and we do not receive it within 10 Business Days, we may not credit your account.

For errors involving new accounts, point of sale entries, or foreign-initiated transactions we may take up to 90 calendar days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.

We will inform you of the results within 3 Business Days after completing our investigation. If we decide that an error occurred, we will notify you that provisional credit has been made final. If we determine that no error occurred, we will a written explanation of our findings within 3 Business Days after completing our investigation.

You may request copies of the documents that were used in the investigation.

Liability for Failure to Complete Transfers

If we do not complete a Transfer Transaction to, or initiate a Transfer Transaction from, your account within any time frames, or in the correct amount, all in accordance with our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

if, through no fault of ours, you do not have enough money in your Funding Account to make the transfer;
if the transfer would go over the credit limit of any overdraft line or line of credit, if applicable;
If the system supporting the Transfer Service was not working properly at the time the Transfer Transaction was initiated;
If the Transfer Transaction is delayed or cancelled for any of the reasons described in other sections of this Agreement;
if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

There may be other exceptions stated in this Agreement.

Fees

We do not charge a fee for sending or receiving a transfer under this service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. In addition, fees may apply if you use the Transfer Service through another financial institution or through Zelle’s separate transfer service website or mobile app. We reserve the right to assess fees in connection with the Transfer Service in the future. If we do assess fees, we will give you reasonable notice as required by law and deduct any applicable fees from the Funding Account used for the Transfer Transaction.

Terminating Access

In the event you violate any terms of this Agreement; there are unauthorized or fraudulent transactions related to your Funding Account or Deposit Account or the use of the Transfer service or we incur any problems with your use of the Transfers Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

We may, in our sole discretion, at any time and without prior notice to you or other Transfer Service participants, suspend or terminate:

the Transfer Service
your ability to send or receive funds through a Transfer Transaction
your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction
your ability to request funds from another User, or
Your ability to receive requests for funds from another User

If you wish to cancel Zelle, you may contact us as set forth in other Terms and Conditions. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation no suspension shall affect your liability or obligations under this Agreement.

In the event your access to the Transfer Service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that this Agreement, or any revised or amended version of this Agreement in effect at the time of reactivation or reinstatement, will continue to apply to your Transfer Transactions and use of the Transfer Service.

Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Personal Enrollment Agreement which is available at https://www.fnbotn.com/personal-enrollment-agreement/ and incorporated into and made part of this Zelle Agreement by this reference.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS ZELLE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Transfer Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, Zelle, any owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Zelle Agreement.

Zelle Release and First National Bank of Tennessee Release

You release First National Bank of Tennessee, Zelle and our affiliates and Vendors and the employees and contractors of each of these, from any and all claims, demands and damages (actual or consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Transfer Service. In addition, if applicable to you, you waive California Civil Code SS 154, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

Miscellaneous

Subject to the terms of this Zelle Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

First National Bank of Tennessee Mobile Banking Enrollment Terms & Conditions 10/25/2019