First Technology Federal Credit Union Terms
of Use – Mobile End User License Agreement
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND First Technology Federal Credit Union (“FTFCU”)
for use in the United States, stating the terms that govern your use of the
First Tech Mobile application (“Licensed Application”). This agreement,
together with all updates, additional terms, additional mobile product
agreements, software licenses, and all of FTFCU’s rules and policies,
collectively constitute the “agreement” between you and FTFCU. By installing
the Licensed Application you are indicating that you agree to these terms. If
you do not agree to these terms do not install or use the application. You must
accept and abide by these terms as presented to you. Changes, additions, or
deletions are not acceptable, and FTFCU may refuse access to the Licensed
Application for noncompliance with any part of this agreement.
The
Licensed Application is licensed, not sold, to you for use only under the terms
of this license, unless accompanied by a separate license agreement issued by
FTFCU, in which case the terms of that separate FTFCU license agreement will
govern. Licensor (hereinafter, “Licensor” or “FTFCU”) reserves all rights not
expressly granted to you.
This
license granted to you for the Licensed Application by FTFCU is limited to a
non-transferable license to use the Licensed Application on your IOS iPhone,
iPad iPod Touch, Android, or Windows devices that you own or control and as
permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms
and Conditions (the “Usage Rules”). This license does not allow you to use the
Licensed Application on any product that you do not own or control, and you may
not distribute or make the Licensed Application available over a network where
it could be used by multiple devices at the same time. You may not transfer in
any form (including rent, lease, lend, sell, redistribute, or sublicense) the
Licensed Application. You may not copy (except as expressly permitted by this
license and the Usage Rules), decompile, reverse engineer, disassemble, attempt
to derive the source code of, modify, or create derivative works of the
Licensed Application, any updates, or any parts of updates, except regarding
use of open source elements components included with this Licensed
Application). Any attempt to do so is a violation of the rights of FTFCU and
its licensors. If you breach this restriction, you may be subject to prosecution
and damages. The terms of the license will govern any upgrades provided by
FTFCU that replace and/or supplement the original product, unless such upgrade
is accompanied by a separate license or agreement in which case the terms of
that license or agreement will govern.
By
using this Licensed Application, you acknowledge and accept that FTFCU may
collect and use technical data and related information, including but not
limited to technical information about your device, system and application software,
and peripherals, that is gathered periodically to facilitate the provision of
software updates, product support and other services to you (if any) related to
the Licensed Application. FTFCU may use this information, as long as it is in a
form that does not personally identify you, to improve its products or to
provide services or technologies to you. You also understand that full use of
this Licensed Application requires you to have an account with FTFCU and that
personally identifiable information may be collected by FTFCU in conjunction
with your transaction, consistent with federal law and the FTFCU Privacy Policy.
The
license is effective until terminated by you or FTFCU. Any rights granted
herein are subject to termination with or without notice from FTFCU if you
violate and/or fail to comply with any terms or conditions set for herein. Once
this license is terminated, you are no longer entitled to use the Licensed
Application. You shall cease all use of the Licensed Application, and destroy
any legally made copies or portions thereof, of the Licensed Application.
The
Licensed Application may enable access to FTFCU and third party services and
web sites, including GPS locator websites, such as Google, that allow you to
find a branch (collectively and individually, “Services”). Use of the Services
may require Internet access and that You accept additional terms of service.
To
the extent this Licensed Application allows you to access third party Services,
FTFCU, and its licensors, reserve the right to change, suspend, remove, or
disable access to any Services at any time without notice. In no event will
FTFCU be liable for the removal of or disabling of access to any such Services.
FTFCU may also impose limits on the use of or access to certain Services, in
any case and without notice or liability.
You
understand that FTFCU may offer integration of its own and/or third party Services for your
convenience. Further,
You
understand that FTFCU is not affiliated with, does not endorse, and is not
responsible to these third party Services. FTFCU is not responsible for the
contents of, updates to, or privacy practices of these third parties, which may
differ from those of FTFCU. The personal data you may choose to give to FTFCU
by means of registering the Licensed Application with FTFCU shall be governed
by FTFCU’s Privacy
Policy.
You
expressly acknowledge and agree that use of the Licensed Application is at your
sole risk and that the entire risk as to satisfactory quality, performance,
accuracy and effort is with you. To the maximum extent permitted by applicable
law, the Licensed Application and any services performed or provided by the
Licensed Application are provided “as is” and “as available”, with all faults
and without warranty of any kind, and FTFCU
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED
APPLICATION AND ANY SERVICES, EITHER EXPRESS OR IMPLIED, STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
FTFCU
does not warrant against interference with your enjoyment of the Licensed
Application in any way, or that defects in the Licensed Application or services
will be corrected. No information or advice given by FTFCU representatives
shall create any warranty. Should the Licensed Application or services prove
defective, you assume the entire cost of all necessary servicing, repair or
correction. Some jurisdictions do not allow the exclusion of implied warranties
or limitations on applicable statutory rights of a consumer, so the above
exclusion and limitations may not apply to you.
To
the extent not prohibited by law, in no event shall FTFCU be liable for
personal injury, or any incidental, special, indirect or consequential damages
whatsoever, including, without limitation, damages for loss of profits, loss of
data, business interruption or any other commercial damages or losses, arising
out of or related to your use or inability to use the Licensed Application,
however caused, regardless of the theory of liability (contract, tort or
otherwise), even where FTFCU has been advised of the possibility of such
damages. Some jurisdictions do not allow the limitation of liability for
personal injury, or of incidental or consequential damages, so this limitation
may not apply to you. In no event shall FTFCU’s total liability to you for all
damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of fifty dollars ($50.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential
purpose.
You
may not use or otherwise export or re-export the Licensed Application except as
authorized by United States law and the laws of the jurisdiction in which the
Licensed Application was obtained. In particular, but without limitation, the
Licensed Application may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using the Licensed Application, you represent
and warrant that you are not located in any such country or on any such list.
You also agree that you will not use these products for any purposes prohibited
by United States law, including, without limitation, the development, design,
manufacture or production of nuclear, missiles, or chemical or biological
weapons.
The
Licensed Application and related documentation are “Commercial Items”, as that
term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation”, as such terms are
used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with
48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (a) only as Commercial Items and
(b) with only those rights as are granted to all other end users pursuant to
the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
The
laws of the State of California, excluding its conflicts of law rules, govern
this license and your use of the Licensed Application. Your use of the Licensed
Application may also be subject to other local, state, national, or
international laws.
Copyrights
and Trademarks. Except where otherwise specified the contents of the Licensed
Application are copyright (c) 2017 FTFCU.
All
rights reserved.