Debit Alert Service

Terms of Use

By enrolling in or using Utah Independent Bank’s Debit Alert Service (the “Service”) you agree to the following terms and conditions of use:

1. Definitions. “Cardholder” means the person named on a debit card (each a “Card”), or who is authorized by that named person to use the Card.  “You” and “your” mean the Cardholder. If the named Cardholder is not the ownerof the deposit account tied to the Card (hereafter “Owner”), then “you” and “your” include both the Owner and the Cardholder for purposes of Owner’s and Cardholder’s obligations and Bank’s rights and remedies.  “Bank”, “we” and “us” means (Your FI here).
2. If the Cardholder is not the Owner, then whichever party enrolls the Card represents and warrants to Bank that it is duly authorized to accept these Terms of Use (“Terms”) on behalf of both the Cardholder and the Owner, and that they are jointly and severally obligated to Bank under these Terms.  
3. Utah Independent Bank Debit Alerts allow you to request and receive e-mail and mobile text message alerts about your debit card activity. We send Debit Alerts to you based on the instructions you provide to us. The e-mail address and/or mobile telephone number you provide is neither reviewed nor verified by the Bank prior to or following activation of Debit Alerts. You hereby acknowledge and accept that each Debit Alert is sent to you without being encrypted.
4. You may receive Debit Alerts through a text- or web-enabled mobile device, an e-mail account that is accessed via a personal computer, or both. It is your responsibility to determine if your mobile service provider supports text messaging and your telephone or other mobile device is capable of receiving text messages. Debit Alerts are subject to the terms and conditions of your agreement(s) with your cellular phone carrier and/or internet service provider. You are responsible for any fees imposed by your cellular phone service and internet service provider.
5. The Service, as well as the content and materials received through the Service, are proprietary to the Bank and its licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the Service or its functionality.
6. You acknowledge and agree that your receipt of any Debit Alert may be delayed or prevented by factor(s) affecting your cellular phone service provider, internet service provider(s) and other factors outside Bank’s control. Debit Alerts may not be available to your mobile device in all areas within the United States, and the Service is not designed or intended for your use while outside the United States. We neither guarantee the delivery nor the accuracy of the contents of each Debit Alert. You agree to not hold Bank, its affiliates, directors, officers, employees, agents and service providers liable for losses or damages, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of a Debit Alert; (b) inaccurate or incomplete content in a Debit Alert; or (c) your reliance on or use of the information provided in a Debit Alert for any purpose.
7. Limitation of Liability. IN NO EVENT SHALL BANK OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR LOSS OF USE EVEN IF BANK AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
8. Utah Independent Bank provides this service as a convenience to you for information purposes only. The Bank does not charge a fee for this service. A Debit Alert does not constitute a bank record for the deposit or debit card account to which it pertains. The Bank reserves the right to terminate its Debit Alerts service or begin charging a fee for this service at any time without prior notice to you.
9. Amendments. From time to time, Bank may amend (i.e., add, delete or change) (a) these Terms or (b) the Service or any feature thereof (e.g., the text of Alerts, criteria triggering Alerts, how you may respond to an Alert, actions Bank may take in connection with an Alert or your response or non-response thereto). Such amendments may be temporary or permanent. If required by law or these Terms, Bank will send prior notice of such amendment. By continuing to use the Service after the amendment (or after the time stated in a notice of amendment) you agree to that change.
10. Notice.  Any notices by Bank, including notices of amendment, can be sent by any legal means, including (a) via SMS text to the mobile device phone number you provided for any currently enrolled Card (and the SMS text can direct you to a web address for further details), or (b) via email to any address you provided for any currently enrolled Card. If Cardholder is not the Owner, then notice by Bank to one shall constitute notice by Bank to both.
11. Miscellaneous.  You may not assign these Terms or the Service without Bank’s prior written consent. These Terms represent the entire agreement between you and Bank on the subject matter hereof. If any part of these Terms is found invalid, the balance of these Terms shall remain enforceable.  These Terms are governed by, and shall be construed in accordance with, the laws of the State of North Carolina, except that any conflict of laws rule of that jurisdiction that may require reference to the laws of some other jurisdiction shall be disregarded. Any lawsuit brought to enforce any provision of this Agreement shall only be brought in a state court in Catawba County, North Carolina, or the nearest federal court to said County. The failure to enforce any provision hereof on one or more occasions shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.