Mobile Banking
Terms of Service


Thank you for using 1st Mariner Bank’s Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 20634. To cancel, text "STOP" to 20634 at anytime. In case of questions please contact customer service at 1-888-561-2265 or visit www.1stMarinerBank.com.
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Terms and Conditions:

Program: 1st Mariner 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). 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 1-888-561-2265, or send a text message with the word "HELP" to this number: 20634. 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: 20634. 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 anytime for any reason outside of the reasonable control of 1st Mariner Bank or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, 1st Mariner 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”). 1st Mariner 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. 1st Mariner 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 1st Mariner 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 1st Mariner 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 1st Mariner 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 http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

TERMS AND CONDITIONS FOR 1st Mariner BANK MOBILE DEPOSIT

The foregoing terms and conditions govern the terms of our consumer remote deposit service, known as 1st Mariner Mobile Deposit. 1st Mariner Mobile Deposit allows you to make deposits of paper checks (“Original Checks”) to your 1st Mariner account(s) from home or other remote locations by scanning the Original Checks and delivering the digital Images and associated deposit information (“Images”) to us or our approved third-party processor with your smart phone, tablet or other mobile device. Your agreement to these terms and conditions is a condition upon your use of the 1st Mariner Mobile Deposit program, and the presentment of any deposit by you using 1st Mariner Mobile Deposit shall be evidence of your assent to all obligations and responsibilities set for th herein.

Customer Approval
There is a separate approval process for 1st Mariner Mobile Deposit, and not all new or existing 1st Mariner customers shall be eligible for 1st Mariner Mobile Deposit. 1st Mariner shall have the sole discretion as to whether to approve or deny your application to use 1st Mariner Mobile Deposit.

Definitions

Hardware and Software Requirements
To utilize the 1st Mariner Mobile Deposit Program, a customer must use a smartphone or tablet powered by:

1st Mariner Mobile Deposit users must download the 1st Mariner mobile banking application, as available through the Apple’s App Store or Google’s Market Store.

Deposit Limits
Unless otherwise authorized by 1st Mariner, you may only deposit up to five thousand ($5,000.00) dollars each business day (as that term is defined herein) through 1st Mariner Mobile Deposit. Accordingly, any check presented for deposit through 1st Mariner Mobile Deposit greater than twothousand five hundred ($2,500.00) dollars shall be subject to manual review and approval by 1st Mariner.

Eligible Items
As a condition of using 1st Mariner Mobile Deposit, you agree you will not use 1st Mariner Mobile Deposit to scan and deposit any of the following:

If you deposit a check or checks that do not comply with the above requirements, 1st Mariner reserves the right to terminate your use of 1st Mariner Mobile Deposit in its sole discretion as well as your overall bankingrelationship.

Requirements
Each Image presented through 1st Mariner Mobile Deposit must contain an Image of both the front and back of the Original Check, and must conta in all of the information that is contained on the front and back of the Original Check at the time presented to you by the Payor. Such information must include, but is not limited to, the following information:

The quality of each Image must meet the standards established by the American National Standards Institute,the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Endorsements must be made on the back of the check, and must include (1) your signature, (2) your 1st Mariner account number and (3) the words “FOR 1st Mariner MOBILE DEPOSIT ONLY.” Any loss we incur from a delay or processing error resulting from an irregular Endorsement or other markings by you will be your responsibility, and yo u agree to indemnify and hold us harmless from such loss.

If the check is made payable to you and another Payee, both of you must endorse the check, and it must be deposited into a 1st Mariner joint account owned by both of you. As described in your Account Agreement, we may not accept checks with multiple Endorsements for deposit unless we are able to verify each Endorsement.

Receipt of Deposit
All Images processed for deposit through 1st Mariner Mobile Deposit will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an Image, the Image and the corresponding provisional deposit to your account will be posted to your online statement. The Image is not deemed “received” by us until the Image has been posted to your account. Such posting does not mean that the Image contains no errors or will be accepted for deposit. We are not responsible for any Image we do not receive. Following receipt, we may process the Image by preparing a “substitute check” or using the Image to clear the item. For more information regarding “substitute checks,” please see the Substitute Check Disclosure provided with this agreement. We reserve the right to reject any deposit made through 1st Mariner Mobile Deposit which fails to satisfy any of our processing requirements, as determined by us in our sole discretion. We will notify you of rejected Images.
Reasons for rejection include, but are in no way limited to:

Original Checks–Retention and Destruction
After you receive confirmation that we have received an Image, you must securely store the Original Check for twenty-one (21) days after transmission to us and make the Original Check accessible to us at our request. We may request to view the Original Check for a variety of reasons (i.e., we have concerns with the accuracy or validity of the Image). Up on our request, and within five (5) business days, you must deliver to us, at your expense, the Original Check. If you do not provide the Original Check in a timely manner, the deposit in question will be reversed from your account. At the end of this twenty - one (21) day period, ou must destroy the Original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image presented through 1st Mariner Mobile Deposit will be the sole evidence of the Original Check.

As a condition of depositing any item through 1st Mariner Mobile Deposit, you agree that you will never re-present the Original Check. You understand that you are responsible for any losses incurred by 1st Mariner if the Original Check is ever presented again for payment, and agree to indemnify us for any such losses.

Returned Deposits
Credit to your account for any check deposited using 1st Mariner Mobile Deposit is provisional. If any check deposited through 1st Mariner Mobile Deposit is dishonored, rejected or otherwise returned unpaid for any reason, including without limitation issues relating to the quality of the Image that you have transmitted to us, you will receive an Image, reproduction or substitute of the Original Check and we will charge the deposit amount back to your account. As with any returned item, you will be responsible for reimbursing us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You are prohibited from attempting to deposit or otherwise negotiate an Original Check through 1st Mariner Mobile Deposit if it has been charged back to you. As described in your Account Agreement, if you deposit a check through 1st Mariner Mobile Deposit that is returned to us for any reason, including but limited to insufficient funds of the Payor, we may “set off” the amount of the returned item. We may ”set off” by debiting the account into which you deposited the returned item or by transferring funds from another 1st Mariner account held by you. We may do so whether or not the reason for the returned item was presented to us on a timely basis. For information regarding fees that may be assessed to you for the return of deposits, please see the Schedule of Fees brochure provided to you with your account documents.

Representations & Warranties
As a condition of using 1st Mariner Mobile Deposit, you make the following warranties and representations with respect to each Image you transmit to us using 1st Mariner Mobile Deposit:

With respect to each Image, you make to us all representations and warranties that we also make, or are deemed to make, to any party pursuant to law, regulation or clearinghouse rule. You agree that 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.

Unavailability of 1st Mariner Mobile Deposit
1st Mariner Mobile Deposit may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and/or Internet software. In the event that 1st Mariner Mobile Deposit is unavailable, you may deposit Original Checks at our branches or through our ATMs. 1st Mariner makes not representation or warranties as to the availability of the use of 1st Mariner Mobile Deposit at any given time, and you agree to hold 1st Mariner harmless from any losses incurred as the result of such unavailability.

Funds Availability
Deposits made through 1st Mariner Mobile Deposit are subject to the Funds Availability Policy provided to you at the time of your account opening and as made available at any 1st Mariner branch or online at www.1stMarinerBank.com. Although 1st Mariner Mobile Deposit utilizes technology as a delivery method, checks deposited through this service are processed in the same manner as a paper deposit you would make at a branch or ATM and are NOT considered “electronic direct deposits” for purposes of funds availability.

Our general policy is to make funds from a check deposit available to you on the first business day after we receive your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If you make a deposit through 1st Mariner Mobile Deposit before 4:30 P.M. Eastern time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit through 1st Mariner Mobile Deposit on or after 4:30 P.M. or on a business day that we are not open, we will consider that the deposit was made on the next business day we are open. Please note that longer delays to the availability of the entire amount of your deposit may apply as outlined in the Funds Availability Policy.

Security
You agree you will complete each deposit via 1st Mariner Mobile Deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to take all necessary steps to safeguard against unauthorized deposits. You must notify our Deposit Operations Department immediately by telephone at 1-888-561-2265 and with written confirmation if you learn of any loss or theft of Original Checks. You agree to ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction.

Your Responsibilities
You are solely responsible for the quality, completeness, accuracy, validity and integrity of any Image transmitted to us using 1st Mariner Mobile Deposit. You are solely responsible if you intentionally or unintentionally submit fraudulent, inaccurate, incorrect, illegible or otherwise improper or unusable Images to us. You are also solely responsible if 1st Mariner Mobile Deposit is used by any person other than you, whether or not you have authorized such other person, to submit fraudulent, unauthorized, inaccurate, incorrect, illegible or otherwise improper or unusable Images to us.

In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile, copy or reproduce all or any part of, or interfere or attempt to interfere with, the technology or service included in or associated with 1st Mariner Mobile Deposit. We and our technology partners, inclusive of, but not limited to, Fiserv, Inc., retain all rights, title and interests in and to all services, technology, software and hardware included in or associated with 1st Mariner Mobile Deposit.

Accountholder’s Indemnification Obligations
You understand and agree that you are required to indemnify us and all of our affiliates, officers, employees and agents and hold us and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising from your use of 1st Mariner Mobile Deposit and/or any breach of the terms and conditions of this Agreement.

You understand and agree that this paragraph shall survive the termination of this Agreement. You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv, Inc. (“Fiserv”), and hold harmless Fiserv, its affiliates, subsidiaries, partners, parent companies, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to us or your use of 1st Mariner Mobile Deposit or any Fiserv applications relating thereto, unless such claim directly results from an action or mission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT YOUR USE OF 1st Mariner MOBILE DEPOSIT 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 DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF 1st Mariner MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT 1st Mariner MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED USING 1st Mariner MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN 1st Mariner MOBILE DEPOSIT OR ANY OF THE TECHNOLOGY RELATED THERETO WILL BE CORRECTED.

YOU FURTHER AGREE THAT 1st Mariner 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 INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF, 1st Mariner MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Amendments and Termination
We may restrict and/or cancel, without prior notice, your ability to use the 1st Mariner Mobile Deposit system for any reason deemed necessary in our sole discretion. You may terminate this service anytime by sending a written request by first class mail to 1st Mariner Bank, Attn: Deposit Operations–1st Mariner Mobile Deposit, 1501 S. Clinton Street, Baltimore, MD 21224. Termination by either party will not affect your obligations under this Agreement, even if we allow a transaction to be completed after the termination of this Agreement. We may change any term of this Agreement at any time; provided, however, that we must notify you of any such change if it would materially adversely affect your rights or obligations under this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain and use 1st Mariner mMobile Deposit, which continuing maintenance and use must occur after you have received any required notice, if applicable.

Compliance with Law
You will use 1st Mariner Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit Images of Original Checks for deposit and th at you have handled the Original Checks in accordance with applicable laws, rules and regulations. Entire Agreement, Severability and Waiver This Agreement, including all agreements and other documents incorporated by reference, embodies the entire agreement between the parties. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. No waiver of the performance or breach of, or default under, any condition or obligation in this Agreement will be deemed to be a waiver of any other performance, or breach or any other condition or obligation of this Agreement.

Governing Law and Disputes
This Agreement is governed by, and shall be construed in accordance with the laws of the Maryland without regard to the conflict of laws principles thereof. Any dispute relating in any way to your use of 1st Mariner Mobile Deposit or to this Agreement shall be submitted to confidential arbitration in the Maryland. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Notices
Any communication, notice, statement or demand required to be served on you under this Agreement shall be in writing and sent either by electronic mail, first class mail or registered mail to you at to the most recent address for you that we maintain in our records as of such time.

In the event that you believe that an error has occurred with respect to any deposit made using 1st Mariner Mobile Deposit, please notify 1st Mariner Bank’s Deposit Operations Department by telephone at 1-888-561-2265 as soon as possible.