Debit Card Controls Terms and Privacy

BANNER BANK DEBIT CARD CONTROLS SERVICE TERMS OF USE

THIS AGREEMENT BETWEEN YOU AND BANNER BANK (“we,” “our” or “us” as applicable) (“Agreement”) states the terms and conditions that govern your use of the Banner Bank Debit Card Controls Service (the “Service”). This Agreement includes all updates, additional terms, and supplements all other documents, disclosures, policies, terms and conditions that apply to the accounts you may access with the Service. By using the Service, you are agreeing to this Agreement. If you do not agree to these terms, do not use the Service. We may refuse access to the Service for noncompliance with any part of this Agreement. 

This Service is offered by Banner Bank for use by its debit cardholders to initiate certain debit card related activities, such as the following:

• Card On/Off - Turn the debit card on and off—when the card is off, no purchases or withdrawals are approved except for previously scheduled recurring payments.
• Card Controls - Enable controls to restrict card usage based on location, spend limit, merchant type, and transaction type.
• Transaction Alerts – Enable alerts based on location, spend limit, merchant type, and transaction type.
• Enriched Transactions – view merchant details to easily identify transactions.
• Card and PIN Self Service - Activate card and set PIN.
• Self Service Travel Plan - Manage travel plans to allow transactions in specific domestic and international destinations. 
• Recurring Card On-File – Identify merchants that generate recurring transactions.
• Spend Insights – Analyze how, what, and when transactions are occurring.
• Push to Mobile Wallet – Add an enrolled card to a digital wallet such as Apple Pay®.
• Digital Card Details – View full card number and details, as needed to perform transactions without a physical card.
  
  
  You agree to allow us to communicate with you via push notification, SMS and/or email, regarding the 
  Service.  Data fees may be imposed by your mobile provider for the transmission and receipt of messages and alerts.  The alerts and controls you set through use of the Service may continue to apply, and you may continue to be charged for them, even if you delete the App or remove it from your mobile device. Please contact us to discontinue the alerts and controls. 
  
  Banner Bank may send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number you provide in connection with the Service.
  
  Certain functionality within the Service may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Banner Bank Mobile App is installed or the location of the merchant where the card is being attempted for use may not work with card-not-present transactions or transactions where the merchant’s physical location differs from its registered address. 
  
  We may amend this Agreement at any time by posting a revised version here or on our website. You may be required to affirmatively accept the revised Agreement in order to continue using the Service. The revised version will be effective when posted unless a later effective date is clearly posted. Any subsequent use of the App or the Services constitutes your agreement to the revised version. We may also revise, update, or upgrade the Service, which may render all such prior versions obsolete. Consequently, we may limit access to only the more recent versions of the Service. 
  
  The Service is licensed, not sold, to you for use only under the terms of this Agreement. All rights not expressly granted to you are reserved. The license granted to you is non-transferable and non-exclusive. You may only use the Service on an approved mobile device that you own. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You are not permitted to transfer the Service in any form. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any updates or parts of updates thereto, except with respect to any open-source elements included with this Service. 
  
  We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you related to the Service. We may use this information to improve the Service. Full use of this Service requires you to have an account with us; we may collect personally identifiable information in connection with your transactions and account, consistent with federal law and our Privacy Notice. 
  
  The license is effective until terminated by us, which we may do at any time, with or without notice. Once this license is terminated, you will no longer be entitled to use the Service, and you shall then cease all use of the Service and destroy any copies or portions thereof. 
  
  The Service may enable access to Banner Bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that you accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the Service allows you to access third party services, Banner Bank and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to you.   We will not be liable for the removal of or disabling of access to any such services. 
  
  You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to your mobile device (“Notification”) is dependent on a number of factors such as your wireless service and coverage where you are located at that time.  You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands.  Notifications of Events may not be available to be sent to your mobile device in all areas.  
  
  If you register to receive Notifications to your mobile device, the Service is available when your mobile device is within the operating range of a wireless carrier with an appropriate signal for data services. The Service is subject to transmission limitations and service interruptions. Banner Bank does not guarantee that the Service (or any portion thereof) will be available at all times or in all areas.
  
  THE SERVICEAND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICE. OPERATION OF THE SERVICEMAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW. 
  
  LIMITATION OF LIABILITY: WE (INCLUDING OUR AFFILIATES, LICENSORS OR CONTRACTORS AND RESPECTIVE EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DELAY, INTERRUPTION OR DISRUPTION OF THE SERVICEDUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, SUCH AS CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. NOR SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE, OR THE WEBSITES THROUGH WHICH THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICEOR THE WEBSITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A SMALL CLAIMS COURT PROCEEDING WITHIN ONE (1) YEAR OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, (INCLUDING OUR AFFILIATES, LICENSORS AND CONTRACTORS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE) TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
  
  You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 
  
  The Service  and related documentation are "Commercial Products" as that term is defined at 48 C.F.R. §2.101. They are also "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined at 48 C.F.R. § 252.227-7014(a). Consistent with applicable regulations, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Products and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 
  
  You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We may transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors or other third parties. 
  
  If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may: terminate, suspend or limit your access to or use of the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide the Service to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, and access to or use of the Services for any reason or no reason and at any time. These remedies are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. 
  
  This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of laws provisions of Washington or any other state. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us must be resolved by a court located in the State of Washington. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes under this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement. 
  
  You shall indemnify, defend and hold us (including our affiliates, licensors, contractors and our respective employees) harmless from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of your breach of this Agreement or your use of the Service. You also release us from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with any dispute that may arise between you and one or more other users of the Service. If you are a California resident, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor. 
  
  We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 
  
  This Agreement: (a) is the complete and exclusive statement of the agreement with respect to the Service, and the website through which the Service is offered, and (b) supersedes any proposal or prior agreement, oral or written, and any other communications regarding the same. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Any terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail. 
  
  NOTICES TO YOU: We may provide notices to you by posting it on our website (www.bannerbank.com), by sending you an in-product message within the Service, emailing it to an email address that you have provided previously, mailing it to any postal address that you have provided, or by sending it as a text message to any mobile phone number that you have provided, including but not limited to the mobile phone number that you have listed in your Services setup or customer profile. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us in writing at Banner Bank, PO Box 907, Walla Walla, WA  99362. We reserve the right to: (a) charge you a reasonable fee to respond to each such request, and (b) terminate your use of the Service if you withdraw your consent to receive electronic communications. By providing us with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and text messages from us or our third-party business partners at that number, and emails for everyday business purposes (including identity verification).