PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE WOODFOREST MESSAGING SERVICE (THE "MESSAGING SERVICE"). BY YOUR ENROLLMENT, REGISTRATION, ACTIVATION, USE, AND/OR ACCEPTANCE OF THE MESSAGING SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH WOODFOREST NATIONAL BANK ("WOODFOREST", "WE" OR "US") RELATING TO THE SUBJECT MATTER HEREOF. Woodforest is willing to provide you the Messaging Service only if you agree to be bound by the following terms:
The Messaging Service is provided by us through the facilities of a wireless service provider selected by you ("Wireless Provider"). A "Technology Provider" is a third party provider of technology services utilized by Woodforest (if any) necessary to operate the Messaging Service. "Wireless Device" means the wireless receiving equipment through which you intend to access and use the Messaging Service. "System" means the computer hardware and software owned or operated by Woodforest or any Technology Provider(s) and used in providing the Messaging Service. The “Commencement Date” shall be the earliest date on which you enroll, register, activate, use, and/or accept the Messaging Service.
2. PRIVACY AND SECURITY
3. NO AMENDMENT TO PERIODIC STATEMENT OR EXISTING ACCOUNT TERMS & CONDITIONS
ANY MESSAGES THAT WILL BE PROVIDED TO YOU THROUGH THE MESSAGING SERVICE ARE FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THEY DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR WOODFOREST ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR MONTHLY PERIODIC STATEMENT OR WOODFOREST ACCOUNT AGREEMENT.
4. SUPPORTED WIRELESS PROVIDERS
The following Wireless Providers are supported by the Messaging Service as of May 24, 2012: ACS Wireless, Alltel (includes Midwest), AT&T, Bluegrass, Boost, Cellcom, Cellular One of East Central Illinois, Cellular South, Centennial, Cincinnati Bell, Cox Wireless, East Kentucky Network, GCI Communications, Immix Wireless, Inland Cellular, MetroPCS, Next-Tech Wireless, NTelos, Revol Wireless, Rural Cellular Corporation, Sprint, T-Mobile USA®, Thumb Cellular, U.S. Cellular®, United, Verizon Wireless, Virgin Mobile USA, WCC or WCW (West Central Wireless). You acknowledge and agree that additions and deletions of supported Wireless Providers may be made by us or any Technology Provider(s) without prior notice to you and that we shall have no obligation or liability to you resulting from such additions or deletions and your exclusive remedy for us deleting any Wireless Provider that provides services to your Wireless Device shall be the termination of this Agreement.
5. ENROLLMENT, CANCELLATION AND ASSISTANCE
To enroll in the Messaging Service, you can register on our website www.woodforest.com, through your Woodforest Online Banking account, or by calling Customer Contact Center at (877) 968-7962. Two (2) messages per day for each Wireless Device you register for the Messaging Service. However, message frequency can depend on user preferences and/or account activity. To cancel the Messaging Service, send STOP to 69962 at any time. For help or information on the Messaging Service, send HELP to 69962 or email firstname.lastname@example.org. For additional assistance with the Messaging Service, contact Customer Contact Center at (877) 968-7962. The wireless carriers are not liable for delayed or undelivered messages.
6. SERVICE FEES
Woodforest does not charge a service fee for the use of the Messaging Service; however, message and data rates may apply. Your Wireless Provider may levy fees or charges for transmission and/or receipt of messages by your Wireless Device in connection with the Messaging Service. You acknowledge and agree that you are solely responsible for any such charges or fees levied by your Wireless Provider in connection with the Messaging Service.
7. ACCOUNT INFORMATION AVAILABLE THROUGH THE MESSAGE
We may provide you with access to various types of information through the Messaging Service which may include, without limitation, your account and other financial information (the "Account Information") solely for your own personal, non-commercial use and not for further redistribution. All Information is believed to be accurate and timely (subject to any delays beyond Woodforest’s control), but Woodforest and its Technology Providers (if any) do not warrant or guarantee such accuracy or timeliness.
8. AVAILABILITY AND INTERRUPTION OF SERVICE
The Messaging Service and System are available through your Wireless Device when it is within the operating range of your Wireless Provider. The Messaging Service is subject to transmission limitation or interruption. You acknowledge and agree that Woodforest shall not be responsible for performance degradation and delays in the Messaging Service due to conditions on the Internet, any telecommunications networks, or due to the Wireless Device or actions of any Technology Providers. You acknowledge that Woodforest and any Technology Providers shall not be liable to you if the Messaging Service in a given location is not available. If the Messaging Service is not available within your intended location, you agree that your sole and exclusive remedy shall be to terminate this Agreement.
9. PROHIBITIONS ON USE OF THE SERVICE; COMPATIBILITY OF WIRELESS DEVICE
You agree not to use the Messaging Service for any unlawful or abusive purpose or in any way, which damages Woodforest's or any Technology Provider’s property or interferes with or disrupts the System, any Technology Provider(s), or other users. You are solely responsible for ensuring that your Wireless Device is compatible with the Messaging Service and System and meets all applicable federal standards.
10. UNAUTHORIZED USAGE
If your Wireless Device is ever lost or stolen or if the Messaging Service is fraudulently used, you must immediately notify us by calling Customer Contact Center at (877) 968-7962. We have the right to interrupt or restrict Messaging Service to your Wireless Device, without notice to you, if we suspect fraudulent or abusive activity or we believe there has been, or will be, excessive messaging activity on your Wireless Device. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. To the extent permitted by law, your failure to cooperate will result in your liability for all fraudulent usage.
11. MODIFICATIONS TO THIS AGREEMENT
We may amend, supplement, or modify this Agreement, including (without limitation) Messaging Service features and fees, from time to time by posting such amendment, supplement, or modification on our website or by providing you with notice in accordance with Section 14 of this Agreement. If you do not cancel your account within five (5) calendar days of a change in the Messaging Service or to this Agreement or if you use the Messaging Service after a change in the Messaging Service or to this Agreement, you agree to such amendment, supplement, and/or modification and its applicability to you.
A. DISCLAIMER OF WARRANTIES
WOODFOREST SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, WIRELESS DEVICE OR SOFTWARE UTILIZED BY YOU IN CONJUNCTION WITH THE MESSAGING SERVICE AND IN NO WAY WARRANTS THE CAPABILITIES OF ANY SUCH EQUIPMENT, WIRELESS DEVICE OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE MESSAGING SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE MESSAGING SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WOODFOREST SHALL NOT BE LIABLE FOR ANY MESSAGING SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE MESSAGING SERVICE, SYSTEM, YOUR WIRELESS DEVICE OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WOODFOREST MAKES NO WARRANTY THAT THE MESSAGING SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE MESSAGING SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WOODFOREST OR ANY TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MESSAGING SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MESSAGING SERVICE. WOODFOREST AND/OR ANY TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MESSAGING SERVICE OR SYSTEM AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. LIMITATION OF LIABILITY FOR THE MESSAGING SERVICES
Woodforest and its parent companies, subsidiaries and affiliates, including their directors, officers and employees, agents, representatives, and independent contractors (including any Technology Provider(s)) (collectively, "Woodforest Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the Messaging Service, (ii) access to the System (iii) your use of any Wireless Device in connection with the Messaging Service or for Wireless Device failure or modification, (iv) the content of Account Information or other materials included with or accessed via use of the Messaging Service, (v) the failure to deliver any message(s) or the delivery of message(s) at times different that the times that you have designated, (vi) any acts or omissions of any Technology Providers, (vii) for system failure or modification, or (viii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Woodforest or its Technology Providers. WOODFOREST COMPANIES AND ANY TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE MESSAGING SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE MESSAGING SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WOODFOREST AND/OR ANY TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. LIMITATION OF ACTIONS
NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE LEGAL ACTION ACCRUES.
D. MAXIMUM LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF WOODFOREST FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, WOODFOREST'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNITY OF WOODFOREST COMPANIES
You agree to indemnify and hold the Woodforest Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Messaging Service or System (or the Messaging Service or System by persons using your Wireless Device) or your violation of this Agreement.
Any written notices we provide you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in Woodforest's files or immediately upon electronic transmission to you at the address kept in Woodforest's files. Your notice to Woodforest must specify your name and Wireless Device address registered to access the Messaging Service. We will not give you notice of any subpoenas or court orders related to your account or use of the Messaging Service unless required by law.
15. MISCELLANEOUS PROVISIONS
This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the remainder of the Agreement remains enforceable. THIS AGREEMENT IS SUBJECT TO APPLICABLE FEDERAL LAWS AND THE LAWS OF THE STATE OF TEXAS IRRESPECTIVE OF ANY CONFLICTS OF LAWS PRINCIPLES. ANY LAWSUIT AGAINST US MUST BE BROUGHT IN MONTGOMERY COUNTY, TEXAS OR FEDERAL COURTS LOCATED WITHIN THE SOUTHERN DISTRICT OF TEXAS. We may assign all or part of Woodforest's rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without Woodforest's prior written consent and any attempted assignment prior to obtaining Woodforest’s written consent shall be void from the beginning. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees from the other party.
16. TERM AND TERMINATION; SURVIVAL
The term of this Agreement shall commence on the Commencement Date and shall continue until the earlier of the date (i) you notify us of your intention to terminate this Agreement, or (ii) Woodforest discontinues providing the Messaging Service to you. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT, AND ANY OR ALL OF THE MESSAGING SERVICE MAY BE TERMINATED AT ANY TIME BY WOODFOREST IN ITS SOLE AND ABSOLUTE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, WHILE WE MAY ELECT TO NOTIFY YOU OF SUCH TERMINATION, WOODFOREST SHALL NOT BE REQUIRED TO PROVIDE ANY NOTIFICATION OF TERMINATION. Notwithstanding the termination of this Agreement, Section 12, entitled “Limitations,” Section 13, entitled “Indemnity of Woodforest Companies,” and Section 15, entitled “Miscellaneous Provisions,” shall survive termination of this Agreement.
17. UNSOLICITED REQUESTS FOR INFORMATION
Woodforest does not send out unsolicited messages that require you to provide or divulge any account or personal information (e.g., passwords, PIN numbers, social security numbers, etc.). If you have any questions about the legitimacy of any message(s) you receive from Woodforest, please call our Fraud Management department at (866) 962-3728.