Terms and Conditions: First Minnetonka City Bank
Thank you for using First Minnetonka City Bank Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 96924. To cancel, text “STOP” to 96924 at any time. In case of questions please contact customer service at 952-935-8661 or visit www.fmcbank.com.
Terms and Conditions
Program: First Minnetonka City Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts) and allows their customers to remotely deposit checks (subject to certain limitations) to their eligible personal accounts. Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
Questions: You can contact us at 952-935-8661, or send a text message with the word “HELP” to this number: 96924. We can answer any questions you have about the program.
To stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of First Minnetonka City Bank or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, First Minnetonka City Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). First Minnetonka City Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. First Minnetonka City Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by First Minnetonka City Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of First Minnetonka City Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose First Minnetonka City Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at https://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/ , or other URLs as may be updated by Google.
Additional Terms and Conditions:
You acknowledge that First Minnetonka City Bank is offering Mobile Banking in conjunction with its “Online Banking” service and that your use of this service is also subject to the terms and conditions of First Minnetonka City Bank’s current “Online Banking Agreement” and any attachments thereto. ( /disclosures/TermsandConditions.pdf ). By participating in First Minnetonka City Bank’s Mobile Banking and making use of the Software, you further acknowledge that you have read and agree to the specific Terms and Conditions governing Mobile Banking and Mobile Deposit included in Exhibit D of the “Online Banking Agreement”.
You acknowledge that you have received or have access to all regulatory disclosures applicable to Mobile Banking and Mobile Deposit, including but not limited to “Electronic Funds Transfer Disclosure” (https://www.fmcbank.com/disclosures/electronic), and “Funds Availability Policy” ( https://www.fmcbank.com/disclosures/withdraw ).
Mobile Banking services are provided via your mobile phone/data service provider (participating carrier) and your accessibility to Mobile Banking may vary from one location to another depending on your provider’s coverage, local reception or mobile device functionality. Not all Mobile Banking services are available on all types of mobile devices. See our Web site at www.fmcbank.com for the most up-to-date list of services. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. First Minnetonka City Bank will not be liable for any losses or damages resulting from or related to a failure in communication or data connection on the part of your provider or a failure of your mobile device.
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”).
From time to time we may change, upgrade, or add new features to Mobile Banking.
In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking, Mobile Deposit or your Wireless Device.
Except as otherwise provided in this Agreement or by law, First Minnetonka City Bank is not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by Mobile Banking or the use thereof or arising in any way out of the installation, operation, or maintenance of your mobile device. You, in consideration of being allowed access to the Mobile Banking, agree to indemnify and hold the Bank harmless for any losses or damages to you resulting from your use of the Mobile Banking, to the extent allowed by applicable law.
FIRST MINNETONKA CITY BANK AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE MOBILE BANKING SERVICES OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FIRST MINNETONKA CITY BANK NOR ITS 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 FIRST MINNETONKA CITY BANK OR ITS SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED OR HAVE 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 THE TOTAL LIABILITY OF FIRST MINNETONKA CITY BANK OR ITS SERVICE PROVIDERS TO YOU IN CONNECTION WITH THE MOBILE BANKING SERVICES OR OTHERWISE UNDER THIS AGREEMENT EXCEED $5,000.