Terms of Use

Digital Terms of Use

Terms and Conditions Please read these terms and conditions: By accessing or using Private Bank & Trust’s (collectively, “Private Bank,” “we,” “our,” and “us”) website (www.private.bank), mobile app, social media sites, and any other online services (“Site”) where these Terms and Conditions are posted, you agree to be bound by the Terms and Conditions. If you do not agree to these Terms and Conditions, please immediately discontinue any access to or use of the Site. We may update these terms and conditions from time to time. We will notify you of any change to these Terms and Conditions as required by applicable law. Any such changes will take effect as soon as they are posted on the Site. Your use of the Site after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms and Conditions periodically for any changes. Your ongoing use of this Site and any of its pages establishes your consent to all terms, conditions and notices including our Privacy Policy. Please be aware that the dispute resolution and class action waiver section of these terms and conditions contains provisions governing how claims that you and private bank have against each other are resolved. In particular, it contains an arbitration agreement and class action waiver which will require you to submit claims that you have against private bank to binding and final arbitration on individual basis. Unless you opt out of the arbitration agreement as described in the dispute resolution and class action waiver section: (I) you will only be permitted to pursue claims and seek relief against private bank on an individual basis; (ii) you are waiving your right to pursue a class action or participate in an action as a class members; and (iii) seek relief in a court of law and to have a jury trial on your claims. Site Content The Site may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on the Site at any time. We do not undertake any obligation or responsibility to update or amend any such Site content. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via the Site, no solicitation is being made by us to any person to use such information, products, or services in jurisdictions where the provision of such information, products, or services is prohibited by law. Although we try to provide accurate and timely information on the Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot guarantee the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Site. Copyright in the pages, in the screens displaying the pages, and in the information, materials and content contained in this web site is owned by Private Bank & Trust and protected by U.S. and worldwide copyright laws and treaty provisions unless otherwise indicated. This information, content and materials may not be transferred, changed, displayed, distributed, copied, downloaded, modified, published, reposted, replicated, reproduced, reused, sold or otherwise used for commercial purposes without the express written consent of Private Bank. In addition, the Site’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. You are not authorized to post on or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law. Site Access To access the Site, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or for similar reasons the Site may not be available for your use. We attempt to minimize the periods of time during which the Site is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computer or device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet. We may at any time, with or without cause, and without prior notice to you deny you access to the Site. We may terminate these Terms and Conditions and your access to the Site, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms and Conditions, any transactions you have entered into with us shall remain in effect. The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Site during times you are outside of the United States. You are responsible for compliance with all local laws. To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on the Site. It is a good idea to protect your security by always closing your web browser after leaving the Site. If you believe that information that you have submitted through the Site has been used without your permission, you must tell us immediately using the contact information below. If you fail to notify us, you may be liable for all unauthorized activity on any account accessible via the Site. You can also contact us regarding technical issues with accessing the Site. When accessing the Site, you are prohibited from: • removing any copyright, trademark, or other proprietary notices; • reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Site except as expressly permitted; • decompiling, reverse engineering, or disassembling any portion of the Site except as may be permitted by applicable law; • linking to, mirroring, or framing any portion of the Site; • causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; or • attempting to gain unauthorized access to or impairing any aspect of the Site or related systems or networks. Products and Services The information, materials, products and services contained in these pages, and the terms, conditions and descriptions are subject to change. Your eligibility for particular products or services is up to final determination and acceptance by Private Bank. Not all products and services may be available in all geographic locations. No Warranty The information, materials, products, and services contained in this Site are provided “as is” or “as available”. Private Bank does not warrant the accuracy, adequacy, completeness or timeliness of the information and materials and expressly disclaims liability for errors or omissions in this information or materials. No warranty of any kind, express, implied or statutory, including but not limited to the warranties or non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information, materials, products or services. We do not warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us. Limitation of Liability In no event will we be liable for any damages, losses, or liabilities, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with your use of this Site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or disclosure of information when replying to you by e-mail or other electronic means or receiving e-mails from you, even if the Bank is advised of the possibility of such damages, losses, or expenses. We assume no responsibility, and shall not be liable for, any viruses that may infect or damage your computer equipment or other property as a result of your access to, use of, or browsing of the Site, the web, or your downloading of any materials, data, text, images, video, or audio from the Site or the web. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Indemnification You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site in violation of these Terms and Conditions or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent. Dispute Resolution and Class Action Waiver A. Please read this Arbitration Agreement carefully. It is part of your contract with Private Bank and affects your rights. It contains procedures for Mandatory Binding Arbitration and a Class Action Waiver. B. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with Private Bank will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Private Bank may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. C. Procedures. You or Private Bank may demand arbitration before or after the commencement of a lawsuit. The arbitration administrator will be the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org. If the AAA cannot or will not serve and the parties are unable to select an administrator by mutual consent, the administrator will be selected by a court with jurisdiction. (Hereinafter, the AAA, or any other administer agreed upon by the parties or selected by a court are each “Administrator”). Arbitrations are conducted under these Terms and Conditions and the AAA’s Consumer Arbitration Rules and, if applicable, the AAA Consumer Mass Arbitration Rules. Any party initiating an arbitration shall certify that the demand for arbitration complies with the requirements of Federal Rule of Civil Procedure 11(b). Each party to the arbitration shall pay his, her, or its own costs of arbitration as specified by the relevant rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. D. Class Action and Jury Trial Waiver. The parties waive any right to a jury trial. They also waive any right to bring representative claims in court or in arbitration on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise, or to join a representative action or class action or consolidate claims (the “Class action waiver”). E. Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against Private Bank at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. Under this process, thirty (30) claims will be chosen to proceed to individual arbitration proceedings as part of a first batching process, fifteen (15) claims will be selected by the claimants and fifteen (15) claims will be selected by Private Bank. The claims will then proceed as follows: a. For the first thirty claims, the evidentiary hearing for each claim shall begin within 150 days of the date of the filing of the claim. The remaining claims shall not be filed or deemed filed in arbitration for the purposes of assessing an arbitration fee nor shall any fees be assessed by AAA in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of this staged process. However, any applicable statute of limitations on your claim and filing fee deadlines shall be tolled for claims subject to this “Mass Arbitration Process Requirements” section from earlier of: (1) the date on which you filed a lawsuit or arbitration demand or (2) the first date on which claims are selected for the first set of batching proceedings. The statute of limitations shall continue to be tolled until the time your claim is selected to proceed in arbitration, is withdrawn, or otherwise resolved. b. If the parties are unable to resolve the remaining claims after the conclusion of the initial thirty (30) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge. The Company will pay the mediator’s fee. The parties will agree upon a mediator no later than 150 days after the filing of the earliest claim subject to this “Mass Arbitration Process Requirements” section. The first mediation session shall take place within 30 days of the conclusion of the last evidentiary hearing of the first batching process. If the parties are unable to resolve the remaining claims through mediation within 45 days of the first mediation session, then the remaining claims will be assigned random numbers. The claims with the forty (40) lowest randomly assigned numbers shall proceed to individual arbitration proceedings as part of a second batching process. The evidentiary hearing for all claims in this second batch shall begin within 120 days of the date that the second batch claims are selected. The second batch of claims shall not be filed or deemed filed for the purposes of assessing any AAA fee nor shall any fees be assessed by AAA in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of this staged process. c. If the parties are unable to resolve the remaining claims after the conclusion of the second batch of forty (40) proceedings, the parties shall participate in another global mediation session within 30 days of the conclusion of the last evidentiary hearing for the second batch. If the parties are unable to resolve the remaining claims within 30 days of the mediation session, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in order based on the random number previously assigned. This process will continue until all the coordinated claims, including your claim, are decided by the arbitrator or otherwise resolved. A single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. F. Enforcement. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands. Should a court decline to enforce these “Mass Arbitration Process Requirements,” you and Private Bank agree that your and Private Bank’s counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees. G. Opt-Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Private Bank can force the other to arbitrate. To opt out, you must notify Private Bank in writing no later than thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: Private Bank & Trust, PO Box G, Gainesville, GA 30503. If you opt out of this Arbitration Agreement, all other parts of these Terms and Conditions will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Links to Other Sites/Hyperlinks The Site may contain links to third-party internet sites. These links are provided by convenience and are not controlled by us. Your use of the links on this Site is at your own risk. The Bank is not responsible for the content or accuracy of third-party sites hyperlinked from this Site. Private Bank makes no endorsement, guarantees or warranties of such sites nor does it guarantee the products or services offered on third-party sites. The third-party web site may have a different privacy policy or a site that is less secure than that of Private Bank. You should review the privacy policy statement of a web site prior to providing any personal or confidential information. User Accounts To use certain features of the Site, you may need to create a user account with an account name and password. When you register for an account, you may be asked to select login ‎credentials, and you agree that you: (i) will not use a username (or e-mail address) used by ‎someone else, that impersonates another person, belongs to another person, violates the ‎intellectual property or other right of any person or entity or that is offensive; (ii) will provide ‎true, accurate, current and complete registration information about yourself and your organization during any ‎registration process and will update it as needed to keep it accurate; (iii) will immediately ‎notify us of any unauthorized use of your account, password or username, or any other ‎breach of security; and (iv) will not sell, transfer, or assign your account or any account ‎rights. You are solely responsible for all activities that occur under your account, password, ‎and username whether or not you authorize the activity. You are solely responsible for ‎maintaining the confidentiality of your password and for restricting access to your device(s) ‎so that others may not access any password-protected portion of our Site using your name, ‎username, or password. We will not be liable for any loss or damage (of any kind and under ‎any legal theory) to you or any third party arising from your inability or failure for any reason ‎to comply with any of the foregoing obligations in this section. If any information that you ‎provide, or if we have reasonable grounds to suspect that any information that you provide, ‎is false, inaccurate, outdated or incomplete, or violates these Terms and Conditions, or any applicable law, ‎we may suspend or terminate your account. We also reserve the more general and broad ‎right to terminate your account, or suspend or otherwise deny you access to it, or its benefits ‎all in our sole discretion, for any reason, and without advance notice or liability. You are responsible ‎for any interaction with the Site that takes place through your personal account, regardless of whether such use ‎is unauthorized or by a third party. Please keep your username and password secure and do not let anyone else ‎use your account information to access the Site. You hereby represent and warrant that the personal and financial information you provide to Private Bank (collectively, your "Personal Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Personal Information is kept accurate and up-to-date at all times. Private Bank has no obligation to monitor your interaction with the Site but reserves the right to review ‎or monitor the Services [and any user submissions] in its sole discretion. Other Terms and Conditions These Terms and Conditions will be governed by the laws of the United States and the State of Georgia without giving effect to any conflict of laws to the contrary. No failure, omission, or delay on our part to exercise any right under these Terms and Conditions will preclude any other further exercise of that right or other right under these Terms and Conditions. If any terms in these Terms and Conditions change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms and Conditions will not be affected, and these Terms and Conditions will be interpreted as if the invalid terms had not been placed in these Terms and Conditions. The headings in these Terms and Conditions are intended only to help organize these Terms and Conditions. Contact Information If you have any questions regarding these Terms and Conditions or your use of our Site, please contact us by email at [email protected] or by mail to: PO Box G, Gainesville, GA 30503. Digital Banking Terms of Use Jack Henry & Associates, Inc. ("JH", "our", "we" or "us") is the primary service provider for this online banking platform and mobile device application (the "App") (collectively the "Service"). JH is not the provider of any financial services available to you through the Service, and JH is not responsible for any of the materials, information, or services made available to you through the Service. By enrolling in or using the Service to access your account at your financial institution (the "Account"), you consent to these terms of use (the "Terms"), which are subject to periodic updates. The Terms are between JH and you, the end user. You agree that JH may notify you of any changes to the Terms through a communication or message through the Service, which will amend and replace the Terms upon your electronic acceptance. If you are using the Service on behalf of a company or other organization, such company or organization will also be considered a party to the Terms, and you represent and warrant that you have the authority to bind such company or organization to the Terms. The terms contain a binding arbitration provision in section 15 that requires the parties to arbitrate their disputes and limits your class action rights and the manner in which you can seek relief from JH. 1. Account Information. a. Source of Information. At your request, the Service will retrieve information from your financial institution, including transaction-related information ("Account Information"). By submitting such information to the Service, you represent that you are entitled to control the Account and submit such Account Information to the Service. b. Accuracy. You are responsible for providing JH with accurate and updated (as necessary) account numbers, usernames, passwords, PINs, and other log-in related information ("Registration Information") so that the Service may access your Account Information. JH will not be liable for any typographical, keystroke, or other error made by you, including any error caused by "pre-filling" or automated entry done on your behalf on a device. c. Confidentiality. If you use the Service, you are responsible for (i) maintaining the confidentiality of your Account and Registration Information; and (ii) restricting access to your Account on your device. You agree to accept responsibility for all activities that occur under your Account or password. 2. Application of Privacy Laws. a. Scope of the Service. JH acts as a processor or service provider, as such terms are defined under applicable privacy laws, to your financial institution which is the controller of your personal information and is primarily responsible for handling requests related to your personal information. JH will cooperate with any privacy rights requests JH receives from your financial institution. If you use the Service to engage in transactions with other third parties, the privacy statement of any such third party will govern the use of your personal information by the third party. If you are a business subscriber of the Service, business-to-business exceptions in certain privacy laws may apply to your information. b. Your Rights. Under applicable privacy laws, you may have certain rights such as the right to access your personal information, to have your personal information deleted, and to opt-out of certain processing, sales, or sharing of personal information. Your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution's services, including such information that may be gathered through the Service, such as Account Information and Registration Information. Please see your financial institution's privacy policy if you wish to make any requests under these rights. c. Telecommunication Providers. The use of the Service involves the electronic transmission of personal financial information across the networks of your telecommunications provider, and such use is governed by its privacy and security practices. JH does not operate or control the telecommunications networks used by you to access the Service. You are responsible for any fees assessed by your telecommunications provider during your use of the Service. 3. Rights you Grant to JH. a. Your Data. You grant JH a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right to use, store, copy, and transmit (i) the data you submit to the Service, including passwords, Account Information, and Registration Information; and (ii) the data and information gathered and collected by JH through the Service about you, your device, system and application software, and peripherals, to provide the Service, facilitate the provision of software updates, product support, product enhancements, and other services (if any) related to the Service. JH may use this information, if it is anonymized, to enhance its offerings, improve its products, or develop new or additional services or technologies. b. Chat Feature. When using the Service, you may choose to use a chat feature to communicate with a support representative at your financial institution. These chat sessions are recorded, and the recordings may be used as described herein. By accessing or using the chat feature in the service, you affirmatively consent to the recording of the chat session transcript by jh and to the use of JH's internal cookies for analytic purposes. Chat session transcripts may be shared with JH's service providers but used solely for the purposes of providing our services. If enabled by your financial institution, the chat feature may be supported by artificial intelligence technology. c. Third-party Sites. When you use the "Add Accounts" feature of the Service to connect the Service to a third-party site or enable external transfers to or from the Service, your Account will be directly connected to your designated third-party site. JH will submit information, including usernames and passwords that you provide to log you into the third-party site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and usernames) to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. Because you requested the connection to the third-party site and consented to share your personal information with such third-party, you agree that JH will have no liability for your use of the third-party sites or the Service. d. Unauthorized access or use. You will immediately notify your financial institution of any breach of security or unauthorized use of your Account. JH will not be liable for any losses or other damage caused by any unauthorized use of your Account. If JH becomes aware of unauthorized use of your Account, JH may disable your Account, and any access to data in your Account at any time, in our sole discretion. 4. Location-based Data, Telephone Information and Camera. You understand that when you enable and use any location-based feature, your geographic location and other device information is accessible by the Service. If you disable location-based services, features on the Service that use your location may not work until you re-enable location-based services. If you grant permission for the Service to access a camera, photos, media or other files on your device, you are agreeing to allow JH to use your information to fulfill your requested action, such as adding an image to a transaction, capturing images of a check that is being deposited, attaching a document to a chat in the chat feature, or adding a photograph to your profile. 5. Subscription. a. JH's Rights. You acknowledge and agree that JH is the owner of all right, title, and interest in the online and/or mobile technology solutions made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates, or versions, regardless of the media or form in which they may exist. The Terms will govern any updates to the Service. b. Your Rights. Subject to the Terms, JH grants you a subscription to use the Service in accordance with the Terms and for the sole purpose of enabling you to use your financial institution's services made available via the Service. This is not a sale or license of the Service. All rights not expressly granted to you by the Terms are reserved by JH. Nothing in the Terms will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Service from JH. 6. Subscription Restrictions. a. You will not: (i) modify, revise or create any derivative works of the Service; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iv) engage in any screen scraping or data mining of the Service; (v) identify JH or display any JH content or any portion of the Service on any site or app, without our permission; (vi) remove or alter any proprietary notices, legends, symbols, or labels in the Service, including, but not limited to, any trademark, logo, or copyright; (vii) use the Service in such a manner as to gain unauthorized entry or access to computer systems; (viii) use the Service in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (ix) introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service or use any computer code, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service, without JH's prior written permission; or (x) use the Service for benchmarking purposes, use another Service user's account, or use the Service to develop any competing product or service. b. Compliance with Applicable Laws. You agree to use the Service in compliance with applicable laws and for your own personal use only, or, if you are a subscriber of the Service as a business or organization, only for your use on behalf of your business or organization for its internal business purposes. c. Minimum Age Requirements. If you are under the age of 13, as restricted by the Children's Online Privacy Protection Rule, or another such age as restricted by applicable law, you are not permitted to use the Service. If you authorize JH to grant your child 13 or over, or above such other age, to use or access the Service, you acknowledge and agree that the Terms, and any terms governing third-party integrations, will apply to your child. You further agree and accept full responsibility for your child's use of the Service, including any liability that he or she may incur in connection with their use of the Service. 7. Service-related Alerts. As a part of the Service, you consent to receive all legally required notifications via electronic means. You may withdraw your consent to receive future notices in electronic form. You have the option of adding a mobile telephone number to your Account. If you opt for Service-related alerts via SMS text alerts or telephone, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Service. By use of the Service, you acknowledge that Service-related communications, alerts, or notifications may be sent by JH and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time. JH is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or a third party in reliance on an alert. You agree that JH will have no liability related to electronic communications, alerts, or notifications that are sent or received through your use of the Service. 8. Mobile Devices. To use the App, you must have a mobile device with internet access and/or wireless cellular service that you are authorized to use and that is compatible with the App. The Service may not be available through all mobile service providers, and some smartphones and other wireless devices may not be supported. JH does not warrant that the Service will be compatible with your mobile device. The technical standards required to send and receive information, including SMS text capability and access to the internet, may vary among the types of mobile devices and telecommunications providers that support the Service, and may be updated from time to time by the providers. You understand and agree that the telecommunication providers may modify the supported mobile devices and/or the technical standards at any time, without prior notice, and JH will not be liable to you for your failure to access or use the App due to any such modifications. You are solely responsible for satisfying these technical standards, maintaining the compatibility of the mobile device with the App, and compliance with all rules and regulations of your mobile service provider and the mobile app store from which you download the App. a. Mobile Operating System Providers. i. Apple. If you download the App from the Apple App Store, you acknowledge and agree that the agreement is solely between you and JH, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to JH as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and JH acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary. ii. Google Play Store. If you download the App from the Google Play Store: (i) you acknowledge that the Terms are between you and JH only, and not with Google, Inc. ("Google"); (ii) your use of App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App. 9. Suspension; Termination; Effect of Termination. a. JH may suspend your subscription to use the Service at any time for any reason, including as may be required by applicable law, any potential security threat, or fraud. Upon suspension, you will no longer have access to the Service. b. This subscription may be terminated at any time by you or JH. You may elect to terminate the subscription by contacting your financial institution. If you violate any of your obligations under the Terms, your permission to use the Service automatically terminates. Upon termination, you will (i) no longer have access to the Service; and (ii) destroy all copies of your Account Information, Registration Information, and any information obtained from the Service. 10. Translation. JH is not responsible for translating the Terms or any information contained within the Service to any other language. Translations of the Service and the Terms that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. To the extent the Service is available in a language other than the English language, JH is not responsible for any third-party translating services whatsoever including, but not limited to, the accuracy of the translation, translations which are not stylistically satisfactory, translations which involve the use of an artificial intelligence service, or your understanding of the translated content or financial loss resulting therefrom. A sworn translator does not certify translations of the Terms. 11. Links to Third-Party Sites. The Service may contain hyperlinks to websites operated by parties other than JH or its affiliates. Such hyperlinks are provided for your reference only. JH does not control such websites and is not responsible for their content. If JH posts hyperlinks to other websites, this does not mean that JH endorses the material on such websites or associate us with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk. 12. Disclaimer of Warranty. The service and the app are 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, accuracy, and non-infringment. No warranty is provided that the service or the app will be free from defects or viruses or that operation of the service or the app will be uninterrupted or error free. Your use of the service, the app and any material or services obtained or accessed via the service is at your own discretion and risk, and you are solely responsible for any damage resulting from their use. Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above limitations may not apply to you. 13. Limitation of Liability. To the maximum extent permitted by law, in no event will jh be liable for any damages arising out of the use or inability to use the service, including but not limited to any general, special, direct, indirect, 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, JH's liability arising out of the use or inability to use the service or the app will not exceed in the aggregate the sum of $250. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, some of the above limitations may not apply to you. 14. Analytics. To assist JH in maintaining and improving the Service, JH uses multiple analytics and logging platforms to gather information about your usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use. This information will help JH improve the performance of the Service for you. 15. Dispute Resolution. You agree that: (i) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service, the App, or the Terms will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (iii) The arbitration will be held at the AAA regional office nearest to you; (iv) The arbitrator's decision will be controlled by the terms and conditions of the Terms; (v) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (vi) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) The arbitrator will not have the power to award punitive damages against any party; (viii) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. 16. Miscellaneous. The Terms constitute the entire agreement between you and JH concerning the subject matter hereof. The Terms will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision or portion of the Terms 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. Failure by JH to insist upon strict enforcement of any provision of the Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. The Terms and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.