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Terms & Conditions

All Website Users are subject to the following terms and conditions.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Reading this terms & conditions statement and/or using the BM Technologies, Inc. web site (bmtx.com) constitutes an agreement to the terms described herein. The words "we", "us", and "our" refer to First Carolina Bank, Member FDIC (“The Bank”) with whom you may have an Account and its service providers including, BMTX, Inc., a wholly owned subsidiary of BM Technologies, Inc. (“BM Technologies, Inc.”).

Terms & termination

These terms and conditions are applicable to you upon your accessing the site and/or completing a registration process. These terms and conditions, or any part of them, may be terminated by BM Technologies, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BM Technologies, Inc. The collective work includes works that are licensed to BM Technologies, Inc., Copyright 2021, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of researching the bank as a consumer. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to open an account with us.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BM Technologies, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of BM Technologies, Inc. used in the site (including but not limited to the BankMobile name, the logo design and any affiliated logotypes or glyphs) are trademarks or registered trademarks of The Bank and BM Technologies, Inc.

Warranty disclaimer

This site and the materials and products or offers on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties for a particular purpose and non-infringement including published rates. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this site – including published rates- in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of liability

The Bank and BM Technologies, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the accuracy of data, even if  we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical errors

In the event that a  rate or offer is mistakenly listed incorrectly, The Bank and BM Technologies, Inc. reserve the right to refuse or cancel any online or in-branch transactions placed for product listed at the incorrect rate. We reserve the right to refuse or cancel any such transactions.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BankMobile products) shall be in the state or federal courts located in Chester County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BankMobile products) must be commenced within one (1) year after the claim or cause of action arises. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Use of site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BM Technologies, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification

You agree to indemnify, defend, and hold harmless The Bank, BM Technologies, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Further, you agree to hold harmless site developers and assignees of Virtual Farm Creative, Inc., their consultant contractors and/or subcontractors.

Third party links

In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of BM Technologies, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).