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WyHy Federal Credit Union Mobile Banking Application Agreement

 

This WyHy Federal Credit Union Mobile Banking Application Agreement (this "Agreement") is a contract between WyHy Federal Credit Union ("WyHy", "we", "our" or "us") and you, our member ("you", "your" or "user"). You have downloaded and installed WyHy's mobile banking application for use on your wireless handheld device (such as a smart phone, tablet or PDA, hereinafter your "Device"). This Agreement governs your use of the Application, your use of WyHy's Mobile Banking services within the mobile banking application, and your use of WyHy's Remote Deposit Capture Service within the mobile banking application. Your installation and use of the mobile banking application constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this mobile banking application and de-install it immediately.

Any application you submit to become an authorized user of the Remote Deposit Capture Service ("Account Application"), any notification we send to you approving you as an authorized user of the Remote Deposit Capture Service, and any agreement governing your deposit accounts with WyHy ("Account Agreement"), are hereby incorporated into and made a part of this Agreement. In the event of a discrepancy between any of those documents and this Agreement, this Agreement will control. To the extent any provision of this Agreement conflicts with any applicable federal or state law, the law controls.

I.        WYHY'S MOBILE BANKING APPLICATION

A.        Ownership.  You acknowledge and agree that Access Softek, Inc. is the owner of all right, title and interest in and to the mobile banking application, the software and computer programs contained therein, and any accompanying user documentation (collectely called the "Software").

B.        License.  Subject to the terms and conditions of this Agreement, you are hereby granted a personal, limited, non-exclusive and non-transferable 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.

C.        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; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; (v) copy or reproduce all or any part of the Software; (vi) interfere, or attempt to interfere, with the Software or its operation; or (vii) use the Software outside of the United States or its territories.

D.        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-infringement. 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 your use of the same.

E.        Revocation of License.  This License shall be revoked immediately upon (i) your deletion of the Software from your Mobile Device; or (ii) our written notice to you at any time with or without cause. If we notify you that this License is revoked, you agree to promptly delete the Software from your Device.

F.        Proprietary Rights.  You are permitted to use content delivered to you through the Software only in connection with your access to and use of our Mobile Banking services, which include the Remote Deposit Capture Service (as set forth more fully below), but you may not copy, reproduce, distribute, or create derivative works from this content.

II.        MOBILE BANKING

A.         For purposes of this Agreement, "Mobile Banking" means the financial services that WyHy makes available, and to which you have access, via WyHy's mobile banking application. These include the Remote Deposit Capture Service as well as the ability to view your accounts, transfer funds, and pay bills.

B.         Your use of Mobile Banking is subject to this Agreement and to the following, all of which are considered part of this Agreement:

1.         Terms or instructions appearing on WyHy's website and elsewhere when enrolling for, activating, accessing, or using Mobile Banking, including, but not limited to, WyHy's Mobile Banking Agreement then in effect, available at https://mobile.mdtsaas.com/145/Help.aspx?topic=Agreement

2.         WyHy's rules, procedures and policies, as amended from time to time, that apply to Mobile Banking or any Account (as defined below) that you maintain with WyHy;

3.         Current rules and regulations, if any, of any funds transfer system or payment system used in connection with any Account; and

4.         State and Federal laws and regulations, as specifically applicable.

C.         In addition, each Account will continue to be subject to the Account Agreement applicable to such Account.

III.         REMOTE DEPOSIT CAPTURE SERVICE TERMS, CONDITIONS AND DISCLOSURES.

A.         Generally. WyHy's Remote Deposit Capture Service provides you the ability to access and make deposits to your eligible deposit accounts with WyHy Federal Credit Union using WyHy's mobile banking application. By requesting access to or using the Remote Deposit Capture Service, you authorize WyHy to provide you with access to all of your deposit accounts eligible for the Remote Deposit Capture Service (including, but not limited to, your savings, checking and money market accounts, collectively "Accounts"). The Remote Deposit Capture Service enables you to use your Device to capture a digital image of an original paper check ("Original Check") drawn on or payable through a United States financial institution (a "Check Image") and to electronically submit the Check Image and associated deposit information to WyHy from other remote locations for deposit into an Account for collection thereafter by WyHy. In addition to the other terms and conditions contained in this Agreement, your use of the Remote Deposit Capture Service is subject to the following terms and conditions. By using the Remote Deposit Capture Service, you represent that you understand and agree to these terms and conditions, as the same may be amended from time to time.

B.         Your use of the Remote Deposit Capture Service. Once we approve you to use the Remote Deposit Capture Service, you will be authorized to remotely deposit Original Checks by using the Remote Deposit Capture Service to electronically transmit a Check Image to us. You agree that you will use the Remote Deposit Capture Service to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with WyHy. All other items may be deposited by alternate methods we make available, such as deposits in person at our branches, through our ATMs, or in other ways that we allow you to deposit items. You accept responsibility for making sure that you understand how to use the Remote Deposit Capture Service before you actually do so, and you agree to use the Remote Deposit Capture Service in accordance with the instructions posted on our Web site or within WyHy’s mobile banking application. You also accept responsibility for making sure that you know how to properly use your Device and the Software. If we change or upgrade the Remote Deposit Capture Service, you are responsible for making sure you that you upgrade the Software and understand how to use the Remote Deposit Capture Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Remote Deposit Capture Service or your Device.

C.         WyHy's processing of Check Image deposits. Upon receipt of a Check Image, we will review it for acceptability. WyHy will acknowledge receipt of your Check Image deposit submitted through the Remote Deposit Capture Service and notify you if a Check Image is not eligible for deposit. Our receipt of the Check Image does not mean that the Check Image will be accepted for deposit into your Account or that we received the Check Image error free, and you may be asked for additional images of the check or for more information before the Check Image will be considered for deposit. Following receipt of the Check Image, we may process the Check Image by preparing a "Substitute Check" (as that term is defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229) or clearing the item as an image. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for deposit into your Account. Any amount credited to your Account for any item deposited using the Remote Deposit Capture Service is a provisional credit until such time that we receive payment for the item from the financial institution on which the item was drawn, and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check. We are not responsible for errors in Check Images that may prevent or delay the deposit of funds into your Account or for Check Images we do not receive. It is your sole responsibility to verify that items deposited using the Remote Deposit Capture Service have been received and accepted for deposit by us. WyHy's ability to provide the Remote Deposit Capture Service is conditioned upon the availability of the wireless systems used in transmitting your requests and WyHy's response. WyHy shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Remote Deposit Capture Service or those wireless systems to the extent the loss or damage results from the act or omission of any third party or other causes not reasonably within WyHy's control. All fees and charges stated in the Truth in Savings Rate and Fee Schedule will remain in effect when you access your Accounts using the Remote Deposit Capture Service.

You understand and agree that, for purposes of deposits made via the Remote Deposit Capture Service, the place of deposit is Cheyenne, Wyoming. Generally, Check Image deposits received prior to 4:00pm MST are posted to your account on the business day of receipt. Any Check Image deposit that requires review or that is received after 4:00pm MST or on Saturdays, Sundays, Federal holidays, Christmas and New Year's Day will be posted on WyHy's next business day. For purposes of determining the availability of funds, checks deposited by the Remote Deposit Capture Service are considered received by WyHy when the checks have cleared and funds are available to WyHy. You agree that the scanning and transmitting of checks does not constitute receipt by WyHy. There may be additional holds on deposited items as set forth in WyHy's funds availability disclosure, as amended from time to time, which is incorporated herein by reference. Check holds or unavailability of the Remote Deposit Capture Service may cause further delays in availability of funds beyond the times stated above. Checks deposited via the Remote Deposit Capture Service do not fall under the regulatory provisions of Regulation CC - Expedited Funds Availability Act. As such, longer hold periods may apply to these deposited items.

E.         Original Check and Check Image Requirements. Check Images must accurately and legibly provide all the information on the front and back of the check at the time it is presented to you by the payer. Prior to capturing the image of the Original Check, you will endorse the back of the check. A check and any image of a check transmitted via the Remote Deposit Capture Service must include the accurate and legible presentation of the following and other features as appropriate:

  • Have been altered;
  • Are drawn on your Accounts;
  • Are drawn on banks located outside the United States;
  • Are illegible or incomplete;
  • Are images of checks previously converted to Substitute Checks;
  • Contain unreadable MICR information;
  • Are stamped with a "non-negotiable" watermark;
  • Contain evidence of alteration to the information on the item;
  • Are issued by a financial institution in a foreign country;
  • Are "stale dated" or "postdated";
  • Are savings bonds;
  • Are third party items (items not originally made payable to you); or
  • Are Substitute Checks

    (collectively "Ineligible Items"). You acknowledge and agree that even if WyHy does not identify a Check Image as ineligible, the Check Image may be returned to WyHy because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. WyHy's failure to identify a Check Image you transmit to WyHy as ineligible shall not preclude or limit your obligations.

    G.         Retention and Destruction of Original Checks. You agree to be responsible for safekeeping and destruction of Original Checks that you deposit using the Remote Deposit Capture Service. You shall retain the original of all Original Checks that have been deposited via the Remote Deposit Capture Service for a reasonable period of time in order to verify settlement and credit or to balance periodic statements. You shall properly destroy and dispose of such Original Checks after such time. During the period that you maintain the Original Checks, you understand and agree that you must use a high degree of care to protect these Original Checks against security risks. These risks include, without limitation, (i) theft or reproduction of Original Checks for purposes of presentment for deposit of these Original Checks (i.e., after the Original Checks have already been presented for deposit via the Remote Deposit Capture Service) and (ii) unauthorized use of information derived from the Original Checks. When you destroy and dispose of the Original Checks pursuant to the requirements of this Agreement, you understand and agree that you must use a high degree of care when selecting and implementing destruction and disposal procedures. Among other things, these procedures must be designed to ensure that the Original Checks are not accessed by unauthorized persons during the destruction and disposal process and, once destroyed, the Original Checks are no longer readable or capable of being reconstructed (e.g., through the use of competent shredding equipment.) You understand and agree that you are responsible for any loss caused by your failure to secure the Original Checks.

    H.         Financial responsibility. With respect to any item that you transmit to us via the Remote Deposit Capture Service that we credit to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account. To the extent funds in your account are insufficient to cover such amount, WyHy may recover the balance from any other of your share/deposit accounts, in its sole discretion. You further acknowledge that you, and not WyHy, are responsible for the processing and handling of any original items which are imaged and deposited utilizing the Remote Deposit Capture Service and you assume all liability to the drawer of any item imaged using the Remote Deposit Capture Service or liability arising from WyHy's printing of any Substitute Check from those images.

    You are solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds, associated with accessing and using the Remote Deposit Capture Service. WyHy shall not be liable in any manner for such risk. You assume exclusive responsibility for the consequences of any instructions you may give to WyHy, for your failure to access the Software properly in a manner prescribed by WyHy, or for your failure to supply accurate input information.

    I.         Your Representations and Warranties. With respect to any item that you transmit to us via the Remote Deposit Capture Service that we credit to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account. To the extent funds in your account are insufficient to cover such amount, WyHy may recover the balance from any other of your share/deposit accounts, in its sole discretion. You further acknowledge that you, and not WyHy, are responsible for the processing and handling of any original items which are imaged and deposited utilizing the Remote Deposit Capture Service and you assume all liability to the drawer of any item imaged using the Remote Deposit Capture Service or liability arising from WyHy's printing of any Substitute Check from those images.

    1.        You will not deposit any item that is an "Ineligible Item" (as defined above).

    2.        Each item Original Check and Check Image you deposit via the Remote Deposit Capture Service will meet the "Original Check and Check Image Requirements" set forth above.

    3.        You will not alter any Original Check or Check Image.

    4.        You will review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.

    5.        You will submit to WyHy only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.

    6.        You shall be responsible for safekeeping or destruction of the Original Checks as stated above.

    7.        You shall not submit to WyHy or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account or which you previously submitted to and was accepted by any other financial institution, person or entity for deposit.

    8.        You shall not deposit into your Account with WyHy or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to WyHy, unless following receipt of your initial submission, WyHy notified you that the Check Image was ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Check Image was refused by the financial institution upon which it was drawn.

    9.        You shall not present, or attempt to present, or allow others, either directly or indirectly, to present, or attempt to present, for deposit by any means, any Substitute Check that has already been presented for deposit via any deposit service.

    10.        You shall use the Remote Deposit Capture Service only for your own personal use in accordance with the terms of this Agreement.

    11.        You will not make the Remote Deposit Capture Service available or transfer your rights to use the Remote Deposit Capture Service for the benefit of any third party.

    12.        You will comply with all federal and state laws, and rules and regulations applicable to the Remote Deposit Capture Service, including those of the National Automated Clearing House for ACH transactions, as well as all laws pertaining to the conduct of your business if applicable.

    13.        All signatures on each item are authentic and authorized;

    14.        You will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations;

    15.        Each image of a check transmitted to us is a true and accurate rendition of the front and back of the Original Check, without alteration, and the drawer of the check has no defense against payment of the check,

    16.        The amount, the payee, and endorsement(s) on the Original Check are legible, genuine, and accurate;

    17.        You will abide by all terms and conditions of this Agreement;

    18.        Other than the digital image of an Original Check that you remotely deposit through our Services, there are no other duplicate images of the Original Check;

    19.        You have instituted procedures to ensure that each Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee stated on the Original Check;

    20.        You are authorized to enforce each item transmitted or you are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item;

    21.        The information you provided in your Account Application remains true and correct and, in the event any such information changes, you will immediately notify us of the change;

    22.        You have not knowingly failed to communicate any material information to us;

    23.        You have possession of each Original Check deposited using the Remote Deposit Capture Service, and no party will submit the Original Check for payment; and

    24.        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.

    If you breach any of these representations or warranties, you agree to defend, indemnify and hold WyHy and its agents harmless from and against all liability, damages, loss, costs, expenses (including attorneys' fees) or other harm arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize WyHy to charge your account for the amount of any such demand, claim or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code. This indemnity will survive termination of your Account and this Agreement.

    J.         Disclaimer of Warranties. You agree your use of the Remote Deposit Capture Service is at your risk and is provided on an "as is" and "as available" basis. WyHy disclaims all warranties of any kind as to the use of the Remote Deposit Capture Service or to any equipment, hardware, software or internet provider service, or any part of them, that you use to access or use the Remote Deposit Capture Service, whether such warranties are express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. WyHy makes no warranty that the Remote Deposit Capture Service (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results obtained from the Remote Deposit Capture Service will be accurate or reliable, and (iv) that any errors in the services or technology will be corrected. In no event will WyHy be liable to you for any consequential, incidental, or indirect damage arising out of the use, misuse or inability to use the Remote Deposit Capture Service or for any loss of data, even if WyHy has been advised of the possibility of such damage. We are not responsible for any errors or omissions in or to any information resulting from your use of the Remote Deposit Capture Service. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and/or telecommunication lines or circuits. You hereby assume all risks relating to the foregoing. WyHy is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the internet provider, any related software, or WyHy’s use of any of them or arising in any way from the installation, use, or maintenance of your Device’s hardware, software, or other equipment.

    K.         Termination of the Remote Deposit Capture Services. You may terminate your participation as a user of the Remote Deposit Capture Service by calling us at 800.442.2392, by writing to us at PO Box 20050, Cheyenne, WY 82003, or by visiting one of our branches. We reserve the right to change or cancel the Remote Deposit Capture Service or your right to participate as a user of the Remote Deposit Capture Service at any time without notice. We may also suspend your access to the Remote Deposit Capture Service at any time without notice and for any reason, including but not limited to, your non-use of the Remote Deposit Capture Service. You agree that we will not be liable to you or any third party for any discontinuance of the Remote Deposit Capture Service. Upon termination of your participation as a user of the Remote Deposit Capture Service, whether by you or us, you will remain liable for all transactions performed on your Account prior to the date of termination.

    L.         Account Reconciliation and Errors. Deposits made via the Remote Deposit Capture Service will be reflected on your monthly account statement. You are responsible for reviewing those statements and reconciling them with your the Remote Deposit Capture Service deposits. If you believe there has been an error with respect to any Original Check or Check Image transmitted to us for deposit or a breach of this Agreement, you will immediately contact us regarding such error or breach via telephone (at 800.442.2392) or in person at any of our branches. You must notify us of errors relating to your the Remote Deposit Capture Service deposits within sixty (60) calendar days (unless a longer period is specified in another disclosure we have made to you). You are responsible for any errors that you fail to bring to our attention within this time period.

    M.         Confidentiality. You acknowledge and agree that confidential data relating to the services provided hereunder, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Disclosure and Agreement. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information.

    N.         Waiver. The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.

    O.         Relationship. This Agreement and the terms, conditions and disclosures herein, do not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.

    O.         Relationship. This Agreement and the terms, conditions and disclosures herein, do not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.

    IV.        General Terms and Conditions

    A.         Availability and operation of Software, Mobile Banking and the Remote Deposit Capture Service. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to the Software, the Remote Deposit Capture Service and Mobile Banking (collectively the "Technology"). These difficulties may result in loss of data, personalization settings or other Technology interruptions. Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of the Technology. You understand and agree that the Technology may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software.

    In the event that the Technology is unavailable, for whatever reason, you acknowledge that you can deposit items at our branches, through our ATMs, or in other ways that we allow you to deposit items. Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of your Device or any network you utilize to access the Technology. You agree to exercise caution when banking on your Device and to use good judgment and discretion when obtaining or transmitting information. Financial information shown within WyHy's mobile banking application reflects the most recent account information available through WyHy's mobile banking application and may not be current. You agree that neither we nor our service providers will be liable for any delays in the content, or for any actions you take in reliance thereon.

    B.         Limitation of Liability.To the maximum extent permitted by applicable law, in no event will WyHy or any of its agents, contractors or providers or their affiliates be liable for any damages arising out of the use or inability to use the Technology, 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 WyHy 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. Also, you understand and agree that we are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of this Agreement.

    C.         Account Ownership/Accurate Information.You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Technology. You represent and agree that all information you provide to us in connection with the Technology is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Technology. You agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate (including providing us timely updates of any changes to contact information, such as your address, telephone number and email address).

    D.         Restrictions on Use of Technology.You agree not to use the Technology or the content or information delivered through the Technology 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 the Technology 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 the Remote Deposit Capture Service; (i) interfere with or disrupt the use of the Technology by any other user; or (k) use the Technology in such a manner as to gain unauthorized entry or access to the computer systems of others. You agree to use the Technology for lawful purposes and in compliance with all applicable laws, rules and regulations.

    E.         Indemnity.You understand and agree that you 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 in any way relating your use of the Remote Deposit Capture Service and/or breach of this Disclosure and Agreement. You understand and agree that this indemnification shall survive the termination of this Agreement.

    F.         Changes to this Agreement; Copies of this Agreement.We may amend, modify, add to, delete from, or change the information or terms of this Agreement from time to time. Your continued use of the Software constitutes your acceptance of such changes whether or not WyHy provides notice to you of those changes. Notwithstanding the foregoing, you agree that WyHy may provide you with all disclosures, notices, and other communications about the Technology, and any future amendments, changes, or additions to this Agreement, in electronic form. At your request, WyHy agrees to provide you with a paper copy of this Agreement by calling 800.442.2392. Your consent to receive notices and updates in electronic form only will apply for as long as you use the Software. You may withdraw your consent to receive electronic communications at any time by calling 800.442.2392. This Agreement may be downloaded at WyHy.org.

    G.         Miscellaneous.This Agreement constitutes the entire agreement between the parties concerning the Software and your use of WyHy's Mobile Banking services, including the Remote Deposit Capture Service, via the Software. The parties confirm that this Agreement and all related documentation are and will be in the English language. 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. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded. The headings in this Agreement are for convenience only and are not to be considered in construing this Agreement.

    H.         Governing Law.You understand and agree that this Agreement and the disclosures herein, and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Wyoming, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Wyoming.

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