End User License Agreement
This End User License User Agreement (“User Agreement”) contains the terms and conditions for your use of FIS Personal Finance tools and services that we may provide to you and that involve accessing your account information held by your financial services provider(s) (“Services”). Hereinafter “us” “we” “our” or “Bank” refers to StonehamBank – A Co-operative Bank.
To use the Services, you must already have or must open one or more accounts at the Bank (each a “Bank Account”), and you must be designated as an owner of a Bank Account that is eligible for the Services. You acknowledge and agree that your Bank Account(s) is(are) an integral part of the Services offered by Bank and that all transactions and Services initiated or processed pursuant to this User Agreement are subject to the terms and conditions of all your existing agreements with Bank. This User Agreement supplements your agreement with Bank governing your Bank Account(s) and Bank’s Online Banking and Mobile Banking Agreement and Disclosures (together, the “Account Agreements”). The Account Agreements are hereby incorporated by reference and made a part of this User Agreement. In the event of an inconsistency between the terms of the Account Agreements and this User Agreement, this User Agreement shall govern.
You acknowledge and agree that these Services may be provided by one or more independent third-party service providers (each a “Vendor”) as selected by Bank, and that our Vendors are subject to change from time to time without notice to you. You further acknowledge and agree that each Vendor is an independent contractor providing software and data transmission services and is not your agent or the agent of Bank. Neither Bank nor any Vendor is responsible for the actions or omissions of the other.
- Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts held by the financial services provider(s) (“Third-Party Accounts”) which you include or access through the Services, and that you have the authority to (i) designate us and our Vendor(s) as your agent, (ii) use the Services, and (iii) give us and our Vendor(s) the passwords, usernames, and all other information you provide.
- Content You Provide. Your use of the Services is your authorization for Bank or its Vendor(s), as your agent, to access Third-Party Accounts which you designate in order to retrieve information. You are licensing to Bank and its Vendor(s) any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our Vendor(s) to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our Vendor(s) retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our Vendor(s) may store, use, change, or display such information or create new content using such information.
- Power of Attorney. You grant Bank and our Vendor(s) a limited power of attorney as provided below to access information about Third-Party Accounts on your behalf. The financial services provider at which you hold any Third-Party Account shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your Third-Party Account. For all purposes hereof, you hereby grant Bank and Vendor(s) a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access Third-Party Accounts to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any financial services provider at which you hold any Third-Party Account. YOU ACKNOWLEDGE AND AGREE THAT WHEN BANK OR ITS VENDOR(S) ACCESS AND RETRIEVE INFORMATION ABOUT ANY THIRD-PARTY ACCOUNT, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE FINANCIAL SERVICES PROVIDER AT WHICH YOU HOLD ANY THIRD-PARTY ACCOUNT.
- Third-Party Accounts. With respect to any Third-Party Account we may enable you to access through the Services or with respect to any other non- Bank accounts you include in the Services, you agree to the following:
- You are responsible for all fees charged by the third-party financial services provider in connection with any non- Bank accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Bank account, you agree to direct these to the account provider.
- Any links to Third-Party Accounts that we may provide are for your convenience only, and Bank and its Vendor(s) do not sponsor or endorse those financial services providers. Any third-party services, which you may be able to access through the Services, are services of the listed institutions. Neither Bank nor our Vendor(s) have responsibility for any transactions and inquiries you initiate at Third-Party Accounts. The Third-Party Accounts and their associated financial services providers you select are solely responsible for their services to you. Neither we nor our Vendor(s) are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
- Limitations of Services. When using the Services, you may incur technical or other difficulties. Neither we nor our Vendor(s) are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our Vendor(s) reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
- Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User Agreement. Your continued use of the Services will indicate your acceptance of the revised User Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
- Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our Vendor(s) to conduct certain analytical research, performance tracking and benchmarking. Our Vendor(s) may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
- Ownership. You agree that Bank and our Vendor(s), as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
- User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Bank or our Vendor(s) or cause Bank to lose the services of our Vendor(s); (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to any computer system.
- Indemnification. You agree to defend, indemnify and hold harmless Bank, our Vendor(s) and their and our officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of this User Agreement (including the Account Agreements incorporated herein) or your infringement, or infringement by any other user of your Bank Account, of any intellectual property or other right of anyone.
- Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Banks nor our Vendor(s) are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Bank and our Vendor(s) specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this website. Further, Bank and our Vendor(s) are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Bank and our Vendor(s) do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES 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, AND OUR VENDOR(S), DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR VENDOR(S), MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANK OR OUR VENDOR(S) THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY. YOU AGREE THAT BANK AND OUR VENDOR(S) 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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
- Export Restrictions. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 C.F.R., Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
- Other Terms. You may not assign this User Agreement. A determination that any provision of this User Agreement is unenforceable or invalid shall not render any other provision of this User Agreement unenforceable or invalid.