Mobile Banking Disclosures

See Also: Amalgamated Bank Text Message Banking Services Terms and Conditions

 

MOBILE BANKING SERVICES

PART A: SMS Text Messaging

PART B: Mobile Check Deposit

PART C: Downloadable Mobile App License

PART D: Zelle Network® Standard Terms

Thank you for using Amalgamated Bank's ("Bank", "our", "we" and "us") Mobile Banking Services. Part A is an agreement between you and the Bank for SMS Text Messaging. Part B is an agreement between you and the Bank for Mobile Check Deposit. Part C is a license agreement between you and the Bank's licensor granting you a limited license to use the downloadable Mobile APP. Please read Parts A, B and C carefully and retain a copy for your records. By clicking "Accept" you agree to the terms and conditions set forth herein.

You must be a registered user of our online banking service to use these mobile banking services. Accordingly, your use of the mobile banking services shall also be subject to our online banking service terms and conditions. In the event of any conflicts between our online banking service terms and conditions and the terms and conditions set forth herein, the specific terms and conditions herein will control. "You" and "your" means the person(s) using the mobile banking services.

PART A: SMS TEXT MESSAGING

1. SMS Text Messaging allows you mobile access to your account information for checking balances and recent transactions over SMS (the "SMS Service"). Enrollment in this SMS Service requires you to activate your mobile phone number through our online banking system.

2. The SMS 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 us. 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 (SMS). Check with your wireless carrier for details on specific fees and charges that may apply.

3. The SMS Services are provided by us and not by any other third party. You and we are solely responsible for the content transmitted through the text messages sent between us. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).

4. We may amend these terms and modify or cancel the SMS Service or any of its features from time to time. We will notify you of any such amendments, modifications or cancellation as required by applicable law. We may suspend or terminate the SMS Service without prior notice if we believe you are in breach of these terms and conditions or your account agreement with us, or if we believe your mobile device or account has been compromised. The SMS Service is also subject to termination in the event your wireless service terminates or lapses.

5. You agree to provide us with a valid mobile number. You agree that we may send you text messages through your wireless provider to you and that your wireless provider is acting as your agent when sending and receiving messages.

6. You represent that you are the owner or authorized user of the mobile device you use in connection with the SMS Service, and that you are authorized to approve the applicable charges.

7. You understand that balances provided through SMS Service may not include recent or pending transactions that have not yet posted to your account. Balance information provided through the SMS Service is for your informational purposes only and is not the same as the periodic statement that will be mailed to you monthly. Our official monthly periodic statement will control if there is any conflict with the information displayed on your mobile device and your monthly periodic statement. We shall not be liable to you for any loss incurred or damage suffered by you as a result of your reliance on such information.

8. You acknowledge that your wireless provider and other service providers may collect data from your use of the SMS Service, and their practices are governed by their own policies. We are not responsible or liable for the acts or policies of such service providers.

9. Notify us immediately of any changes to your registered mobile device. In case of unauthorized access to your mobile device or the SMS Service, you agree to cancel enrollment associated with the mobile device immediately.

10. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the SMS Service or from you providing us with a phone number that is not your own.

11. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service; any errors in such information; any action you may or may not take in reliance on the information or SMS Service; or any disclosure of account information to third parties resulting from your use of the service. We will not be liable to you for special, indirect, or consequential damages.

12. The SMS Service may not be available outside the United States. If you use SMS Service outside of the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.

13. You can contact us at any time via email at ab-online@amalgamatedbank.com or at 800-622-0860, or from your mobile phone by sending a text message with the word "HELP" to 49794. We do not charge for help or info messages; however, your normal wireless provider rates apply.

14. To stop the messages coming to your phone, you can opt out of the SMS Service at any time by sending text to 49794 that says "STOP". You'll receive a confirmation text message. And after that, you will not receive any future messages. You can also cancel the service by logging into online banking and deactivating the SMS Service. If you deactivate cellular service for the mobile phone number that you enrolled in the SMS Service, you are responsible for deactivating that same phone number within the SMS Service.

PART B: MOBILE CHECK DEPOSIT

1. Service. The Mobile Check Deposit Service ("Mobile Deposit") allows you to make deposits of the electronic image of an original paper check or other paper source document payable in U.S Dollars (hereinafter referred to as, an "Item") to your eligible deposit account(s) with us by capturing an electronic image of the Item with your compatible smart phone or tablet and delivering the electronic image and associated deposit information (an "Image") to us, or our processor. Deposits made through Mobile Deposit are subject to this Part B (hereinafter referred to as, the "Mobile Deposit Agreement") and our Deposit Account Agreement and Disclosure ("Account Agreement"), which governs your deposit account(s) with us.

2. Limits. We may establish or revise limits on the dollar amount and/or number of Items or deposits that may be transmitted through Mobile Deposit from time to time. You shall be notified of our most current limits through the service when you attempt to submit an Item. You may also review our current limits by visiting our website www.amalgamatedbank.com. 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 still be subject to the term and conditions herein, and we will not be obligated to allow such a deposit at other times.

3. Eligible items. You agree to scan and deposit only checks drawn on U.S. banks in U.S. dollars.

You agree that you will not use Mobile Deposit to deposit:

  • Items payable to any person or entity other than you (i.e., payable to another party and then endorsed to you);
  • Items that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
  • Items payable to you and another party who is not a joint owner on the account;
  • Items which exceed the deposit limits disclosed to you by the Bank;
  • Items you are not authorized to deposit to your account;
  • Items prohibited by the Bank for Mobile Deposit; For a list of unacceptable mobile deposit items, please visit our website www.amalgamatedbank.com.
  • Items that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution;
  • Any Item that was previously deposited and returned to you; or
  • Items which are stale (more than 6 months old) or post-dated (made payable at some point in the future).

4. Requirements. Each electronic image of an Item must provide all the information on the front and back of the Item at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the Item, MICR-line information, signature(s), any required identification written on the front of the Item and any endorsements applied to the back of the Item. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Endorsements must be made on the back of the check within one- and one-half inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "For Mobile Deposit Only". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.

5. Receipt of Deposit. All Images processed for deposit through Mobile Deposit will be treated as "deposits" under the Account Agreement and will be subject to all terms of such agreement. Your Image is deemed to have been received by the Bank when you receive an email confirmation message that your deposit has been approved and processed. Confirmation does not mean that the Image contains no errors or is complete. We are not responsible for any Image that we do not receive. We reserve the right, at our sole discretion, to reject any Image we receive for remote deposit into your account and will not be liable for doing so even if such action causes outstanding checks or other debits to your account with us to be dishonored and returned. We will notify you of Images received and then subsequently rejected. Reason for rejection may include any of the following: incomplete or missing endorsement; illegible check or poor image quality; altered check; or duplicate check. This list is for illustrative purposes only and is not a list of all the reasons that an image of an Item may be rejected. If the Image transmitted to us does not comply with our or our processor's requirements for content and/or format, we may, in our sole discretion: further transmit the Item and data in the form received from you; repair or attempt to repair the Item or data and then further transmit it; or return the Item and data to you unprocessed and charge back to your account. Following receipt, we may process the Image by preparing a "substitute check" or clearing the Item as an image.

6. Presentment. The manner in which Items are cleared, presented for payment, and collected shall be done in accordance with the Account Agreement.

7. Items. After you receive confirmation that we have approved and processed an Image, you agree to safeguard, including securely storing, the Item for 30 calendar days after transmission to us and make the Item accessible to us at our request. Upon our request from time to time, you will deliver to us within 10 calendar days, at your expense, the requested Item in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the Item by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Item, the Image will be the sole evidence of the Item. You agree that you will never re-present the Item. You understand that you are responsible if anyone is asked to make a payment based on an Item that has already been paid.

8. Returned Deposits. As with any non-cash deposit, any credit to your account for Items deposited using Mobile Deposit is provisional. If Items deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a 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 Item and provide you with an image of the Item, a paper reproduction of the Item or a substitute check. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. You shall not attempt to deposit or otherwise negotiate an Item if it has been charged back to you. We may debit any of your accounts to obtain payment for any Item that has been rejected or returned, for any adjustment related to such Item or for any warranty claim related to such Item, whether or not the rejection, return, adjustment or warranty claim was made timely.

9. Your Warranties. You represent and warrant to us that:

  • Each Image is a true and accurate rendition of the front and back of the imaged Item without any alteration, and the drawer of such Item has no defense against payment of the Item.
  • The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Item are legible, genuine, and accurate.
  • You will not deposit or otherwise endorse to a third party any Item deposited through Mobile Deposit and no person will receive a transfer, presentment, or return of, or otherwise be charged for, such Item or a paper or electronic representation of the Item 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 any Item deposited through Mobile Deposit.
  • You will properly secure the mobile device you use in connection with Mobile Deposit.
  • Any Item deposited by you through Mobile Deposit is authorized by the drawer in the amount stated on the Item and to the payee(s) stated on the Item.
  • You are authorized to enforce and obtain payment of all Items deposited through Mobile Deposit. You have possession of the original Item, and no party will submit the Item 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 any other disabling features that may have an adverse impact on our network, data, or related systems.

10. Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules, and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules, and regulations.

11. Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit Items at our branches or at our deposit-taking ATMs.

12. Funds Availability. Deposits made through Mobile Deposit are subject to the Funds Availability Disclosure set forth in the Account Agreement; however, Items deposited through Mobile Deposit are not eligible for expedited funds availability. In general, funds deposited through Mobile Deposit are available to you on the second business day after you receive a confirmation message that your deposited Image was approved and processed. You should maintain a record of the confirmation message that your deposit was approved and processed until your funds become fully available. Longer delays may apply, please see our Funds Availability Disclosure in the Account Agreement. Deposits made through Mobile Deposit are processed in the same manner as a paper deposit made in a branch and are NOT "electronic direct deposits" for purposes of funds availability. Deposits made through Mobile Deposit are considered received if approved and processed before 3:30 p.m. Eastern Standard Time (EST). Deposits transmitted through Mobile Deposit and approved and processed by the Bank before 3:30 p.m. EST on a business day will be posted to your account on the same day. Deposits transmitted through Mobile Deposit which are approved and processed after 3:30 p.m. EST or deposits approved and processed on holidays or days that are not our business days, will be posted to your account on the following business day.

13. Business Days. For determining the availability of your deposits, the Bank's business days are generally Monday through Friday, excluding Federal banking holidays. The Bank retains the right to change its banking hours and business days from time to time.

14. Security. You agree you will complete each deposit via Mobile 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. You will notify us immediately by telephone at 800-662-0860 and with written confirmation if you learn of any loss or theft of any Items deposited through Mobile Deposit. You will ensure the safety and integrity of such Items from the time of receipt until the time of destruction.

15. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity, and integrity of each Image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect, or illegible Images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable Images to us.

16. Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses) arising from or related to your use of Mobile Deposit and/or breach of this Mobile Deposit Agreement. You understand and agree that this paragraph shall survive the termination of this Mobile Deposit Agreement.

17. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN MOBILE DEPOSIT OR TECHNOLOGY WILL BE CORRECTED.

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

19. Amendments and Termination: We may restrict and/or cancel, without prior notice, your ability to use Mobile Deposit if we notice any suspicious activity. Under such circumstances, your use of Mobile Deposit will not be reinstated until such problems are resolved. You may terminate this service anytime by sending a written request by electronic mail to: ab-online@amalgamatedbank.com or call us at 800-662-0860. Termination by either party will not affect your obligations hereunder, even if we allow a transaction to be completed after the termination of Mobile Deposit. We may amend or change the terms and conditions for Mobile Deposit at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.

20. Severability. If any provision of this Mobile Deposit Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Mobile Deposit Agreement shall not be affected.

21. Entire Agreement. The terms of this Mobile Deposit Agreement, the Account Agreement and other documents incorporated herein by reference, constitutes the entire agreement between the parties as to the Mobile Deposit service.

22. Governing Law and Other Terms. Regardless of where you access Mobile Deposit, or live or work, this Mobile Deposit Agreement, except as otherwise expressly provided for in your Account Agreement or as otherwise required by applicable law, or any dispute arising under this Mobile Deposit Agreement shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. You also consent to the exclusive jurisdiction of courts in the City and State of New York in connection with such disputes. You may not assign this Mobile Deposit Agreement to any other party. We may assign this Mobile Deposit Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Mobile Deposit Agreement to independent contractors or other third party service providers. We do not waive our rights by delaying or failing to exercise them at any time. The captions of sections in this Mobile Deposit Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Mobile Deposit Agreement.

PART C: Downloadable Mobile App License

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 Part C (hereinafter, referred to as, the "License Agreement"), you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License 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 License Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-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. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this License Agreement.

7. Miscellaneous. This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This License 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 License 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 License 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 License 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.

PART D: Zelle Network® Standard Terms

1. Description of Services

 a. 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 "Service"). We will refer to financial institutions that have partnered with Zelle® as "Network Banks."

 b.  Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Bank.

 c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

The Service is intended for personal, not business or commercial use. You agree that you will not use the 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 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 Service for business or commercial purposes, or for any unlawful purpose.

Content Standards: You agree that you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle's or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us,  Zelle® or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle® have any obligation to monitor any Content, both we and Zelle® have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle® may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your "Zelle® tag." You will be limited to one Zelle tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.

We reserve the right to change or amend the terms of this Agreement If we do so, we will provide you with notice as required by law. However, if the change is made for security purposes, we can implement such change without prior notice. You agree that if you continue to use Zelle® after we notify you of any change, you thereby accept the changes to the Agreement and agree to be bound by this Agreement.

3. Consent to Share Personal Information (Including Account Information)

By enrolling in Zelle®, you agree that we may share your personal information with Zelle® and other network banks for purposes of completing your transactions. Please see our Privacy Policy provided to you at account opening for full details.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy at https://www.amalgamatedbank.com/sites/default/files/Privacy_Policy.pdf which is incorporated into and made a part of this Agreement by this reference.

5. 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 disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider 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. Please see our Privacy Policy provided to you at account opening for full details on how the bank protects your personal information.

6. Enrolling for the Service

 a. 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.

 b. Once enrolled, you may:

   i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and

   ii. 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."

 c. 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.

 d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.

7. 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, Zelle® tag, 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, Zelle® tag and/or other alias to send or receive money as described in this 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:

 a. 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 service. Please check your mobile service agreement for details or applicable fees.

 b. 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 you.

 c. 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 name.

 d. 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 behalf.

 e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 49794 or contact our customer service at 800-662-0860 or ab-online@amalgamatedbank.com. You expressly consent to receipt of a text message to confirm your "STOP" request.

8. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag 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 Agreement and the procedures of the business or government agency that is sending you the payment.

9. Sending Money; Debits by Network Banks

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.

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.

Sending or receiving 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.

10. 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. ZELLE® DOES NOT OFFER A PROTECTTION 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).

11. Send Limits

There are daily dollar limits for fund transfers associated with the Zelle® Service.

12. Requesting Money

You may request money from another User. 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.

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, offensive or unwelcome by the recipient.

13. Transaction Errors

If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account held at the Bank without your permission, immediately call 800-662-0860, or write to: Amalgamated Bank, 275 7th Avenue, New York, NY 10001, Attention: Online Banking Support.

14. Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your password without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement showing such transfer was sent to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money, if you had told us in time. If a good reason (such as a long trip or a hospital stay), kept you from telling us, we will extend the time periods.

15. Liability for Failure to Complete Transfers

In the event that we at any time incur a problem with your use of the Service, including, without limitation, a failure in attempting to debit your Account or to collect with respect to any of your Zelle® transfers as described herein, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided under this Agreement. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to reinstate you subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, we in our sole discretion may thereafter restore your ability to effect transfers at our standard transfers limits.

16. Fees

There are no fees associated with the Zelle® service. Please refer to our Fee Schedule for related mobile and online banking fees. Mobile carrier service charges may apply.

17. Use of Our Mobile App

You agree to access this mobile app in compliance with our Mobile Banking Disclosures, which are incorporated into and made part of this Agreement by this reference.

18. Cancellation of the Service

You may contact us at any time to terminate your Service at 800-662-0860, write us at Amalgamated Bank, 275 7th Avenue, New York, NY 10001, Attention: Online Banking Support or email us at ab-online@amalgamatedbank.com. Once you have informed us that you wish to terminate the Service and we have a reasonable opportunity to act on such request your use of the Service will be terminated; provided, you understand and agree that this Agreement will remain in full force and effect for as long as any Zelle® transfers requested by you have yet to be delivered/paid to the Recipient and you authorize the Bank to complete such transfers unless they are canceled.

If your account with us is terminated for any reason, you will have no further right or access to use the Service for any reason.

19. Right to Terminate Access

We reserve the right, subject to applicable law, to terminate your right to use this service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any terms of this Agreement or our rights, or if you provide us with false or misleading information or interfere with other users or the administration of the Services.

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO 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, INVULNERABLE TO CYBER ATTACK, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL 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 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).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, 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 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 Agreement.

23. Governing Law; Choice of Law; Severability

Governing Law and Other Terms. Regardless of where you access Zelle®, or live or work, this Agreement, except as otherwise expressly provided for in your Account Agreement or as otherwise required by applicable law, or any dispute arising hereunder shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. You also consent to the exclusive jurisdiction of courts in the City and State of New York in connection with such disputes.

24. Miscellaneous

Subject to the terms of this 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. You may call us at 800-662-0860, Monday through Friday, 8 A.M. to 8 P.M. ET or Saturday 9 A.M.to 2 P.M. ET excluding US bank holidays or email us at ab-online@amalgamatedbank.com.

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