THESE TERMS OF SERVICE (AS DEFINED BELOW) GOVERN YOUR USE OF THE MANAGE DEBIT CARD SERVICE OFFERED BY WOODFOREST NATIONAL BANK VIA THE WOODFOREST MOBILE APPLICATION (THE “SERVICE”). THE SERVICE DOES NOT PREVENT ALL TRANSACTIONS FROM BEING AUTHORIZED AND/OR POSTED TO YOUR ELIGIBLE ACCOUNT. PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE INCLUDING SECTION 12, ENTITLED “IMPORTANT LIMITATIONS AND EXCLUSIONS OF THE SERVICE”. For additional information on the Manage Debit Card Service, please consult the Frequently Asked Questions (FAQs) located in the Woodforest Mobile Banking Application menu.
This Manage Debit Card Services Agreement (as amended from time to time, the “Services Agreement”) is by and between You (as defined below) and Woodforest National Bank (as defined below) and supplements the Woodforest National Bank Online Services Agreement (as amended from time to time, the “Online Services Agreement”), which is hereby incorporated herein for all purposes (this Services Agreement and the Online Services Agreement shall be collectively referred to as the “Terms of Service”).
By Your use of the Service (as defined below) and/or acceptance of this Services Agreement, You hereby agree to be bound by, and comply with, the terms and conditions of the Terms of Service. You represent to Woodforest that You have received, reviewed, and understand the Online Services Agreement and this Services Agreement. Capitalized terms not otherwise defined herein shall have the meaning assigned to such terms as provided in the Online Services Agreement.
“Card” means the Woodforest Debit Card(s) associated with Your Eligible Account that You enroll in the Service. For purposes hereof, Card includes the Card number, security codes, and other relevant information associated with the Card that may be used to perform a transaction such as an Online/Phone Transaction.
“Account Disclosures” has the meaning assigned to such term as provided in the Online Services Agreement. For the avoidance of doubt, the term “Account Disclosures” shall include the then-current Arbitration Agreement applicable to the Woodforest Deposit Account Terms and Conditions Agreement.
“ATM Transaction” means any transaction that Woodforest identifies, based upon the information supplied in the authorization request message submitted to Woodforest by the merchant, transaction processor, payment network, and/or terminal, as (i) being a cash withdrawal/disbursement or account transfer transaction, and (ii) having been originated at an automated teller machine (ATM). The term “ATM Transaction” shall specifically exclude any transaction that Woodforest identifies as a deposit, balance inquiry, or mini-statement transaction that is originated at an ATM.
“Eligible Transaction” means any ATM Transaction, In-Store Transaction, International Transaction, and/or Online/Phone Transaction, but excluding in all cases Recurring Transactions and those provided in Section 12, “Important Limitations and Exclusions of Service”.
“In-Store Transaction” means any transaction that, based upon the information supplied in the authorization request message submitted to Woodforest by the merchant, transaction processor, payment network, and/or terminal, contains a “card present” indicator indicating that the card was present at the time the transaction was authorized and/or initiated.
“International Transaction” means any transaction that, based upon the information supplied in the authorization request message submitted to Woodforest by the merchant, transaction processor, payment network, and/or terminal, contains a region and/or country code that is different from the region and/or country code assigned to the United States at the time the transaction was authorized and/or initiated.
“Off” means, with respect to a Card that is enrolled in the Service, that a Card is not enabled to receive Eligible Transactions.
“On” means, with respect to a Card that is enrolled in the Service, that a Card is enabled to receive Eligible Transactions, subject to any Blocks or Limits that You have established from time to time.
“Online/Phone Transaction” means any transaction that, based upon the information supplied in the authorization request message submitted to Woodforest by the merchant, transaction processor, payment network, and/or terminal, contains a “card not present” indicator indicating the card was not present at the time the transaction was authorized and/or initiated.
“Recurring Transaction” means any transaction that, based upon the information supplied in the authorization request message submitted to Woodforest by the merchant, transaction processor, payment network, and/or terminal, contains a “standing order/recurring” payment indicator, or the like, indicating to Woodforest that the transaction represents a recurring or similar transaction at the time the transaction was submitted for authorization.
“You” and “Your” shall mean each and every person who is an owner on the Eligible Account, Authorized Signer, Guarantor, Primary Borrower, Custodian, or other with unspecified interest or with authority to act on an account owner’s behalf (e.g., authorized user, employee or agent).
“Woodforest National Bank” or “Woodforest” means Woodforest National Bank and any and all of its past, present, and future officers, directors, attorneys, agents, insurers, servants, suppliers and vendors, representatives, employees, affiliates, subsidiaries, partners, predecessors and successors in interest, and assigns.
This Terms of Service governs Your use of the Manage Debit Card service offered by Woodforest. The Service is currently only available via the Woodforest Mobile Banking Application and is intended to allow You to control whether certain types and/or amounts of Card authorization transactions may be authorized with an enrolled Card.
Specifically, the Service is intended to allow You to:
turn Your Card On or Off using Your mobile device through the Woodforest Mobile Banking Application, which will affect whether Eligible Transactions may be authorized;
assuming Your Card is turned On, set transaction blocks for certain Eligible Transactions (such action shall be referred to as a “Block”); and
assuming Your Card is turned On, set dollar amount per transaction limits for Eligible Transactions (such limits shall be referred to as “Limits”).
Your use of the Service is dependent upon possessing and maintaining an open Eligible Account. Moreover, an Eligible Account must be open for at least one (1) business day after account opening and have an active Woodforest Debit Card associated with the account that has also been open for at least one (1) business day after Card issuance to be eligible for the Service.
To utilize the Service using a mobile device, You must use software and hardware provided by or acceptable to us and that is defined in Your Online Services Agreement or on the Website (the Woodforest website, www.woodforest.com, through which the Online Services are made available). You are solely responsible for information or data that is transmitted, supplied or key-entered by You. Moreover, You must have the Woodforest Mobile Banking Application installed on Your mobile device and wireless or internet connectivity, at Your sole expense, in order to use the Service.
When available and performing as intended, and subject to numerous contingencies including Woodforest’s receipt of accurate transaction information from third parties, the Service is intended to prevent some or all Eligible Transactions from being authorized by Woodforest’s systems in accordance with settings You have selected. Unless prohibited by applicable law, you acknowledge and agree that Woodforest’s failure and/or inability to perform the Service, or honor your instructions regarding any Eligible Transaction(s), does not, and shall not, result in any responsibility or liability of Woodforest including for any Eligible Transactions that are declined by Woodforest as a result of the Service, the amounts thereof, or any related fees or other consequences arising from, or relating to, such Eligible Transaction(s). This is the case whether such inability or failure of Woodforest to perform the Service or honor Your instructions was (i) within or beyond the control of Woodforest, or (ii) whether it was foreseeable or unforeseeable. You further acknowledge and agree that Woodforest’s sole obligation to You with respect to the Service is to attempt to honor Your instructions based upon Your Service settings, but if Woodforest fails, or is unable, to honor such instructions, You shall nonetheless be solely liable and responsible for all Eligible Transactions (and associated fees, if any, and other consequences) as if the Service were never made available or provided to You by Woodforest, unless prohibited by applicable law.
THE SERVICE IS PROVIDED BY WOODFOREST “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. WOODFOREST DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WOODFOREST DOES NOT WARRANT THAT EITHER THE SERVICE, OR THE INFORMATION CONTAINED IN THE SERVICE, WILL BE ACCURATE, RELIABLE OR COMPLETE, OR THAT THE SERVICE WILL BE ERROR FREE, TIMELY, UNINTERRUPTED, SECURE, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, HARMFUL COMPONENTS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. WOODFOREST IS NOT RESPONSIBLE FOR INTERRUPTION OF SERVICE OR SYSTEM, REGARDLESS OF LENGTH, UNLESS PROHIBITED BY APPLICABLE LAW. WOODFOREST DOES NOT WARRANT THAT THE SERVICE WILL WORK ON YOUR HARDWARE, WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR MOBILE DEVICES. INFORMATION OBTAINED BY YOU FROM WOODFOREST WILL NOT CREATE ANY WARRANTIES. UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR THE PAYMENT OR NON-PAYMENT OF TRANSACTIONS AND ASSOCIATED FEES FOR WHICH YOU MAY BE RESPONSIBLE AS A RESULT OF THE SERVICE, AND SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE WOODFOREST MOBILE BANKING APPLICATION OR THE USE OF THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE SERVICE IS SUITABLE AND ADEQUATE FOR YOUR NEEDS.
REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, WOODFOREST IS NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF SERVICE; (B) THE SERVICE, INCLUDING THE WOODFOREST MOBILE BANKING APPLICATION; (C) ANY INTERRUPTION OF THE SERVICE; (D) YOUR USE OF YOUR MOBILE DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS RESULTING FROM SUCH USE; OR (E) THE UNAUTHORIZED ACCESS BY ANY THIRD PARTY TO THE SERVICE AND SYSTEMS, INCLUDING PERSONAL DATA, EVEN IF WOODFOREST HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST WOODFOREST ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING THE WOODFOREST MOBILE BANKING APPLICATION, YOUR MOBILE DEVICE OR THESE TERMS OF SERVICE. WITHOUT LIMITATION OF THE FOREGOING, WOODFOREST IS NOT RESPONSIBLE FOR ANY MOBILE CARRIER FEES OR PENALTIES OR THE FEES OR PENALTIES CHARGED BY ANY THIRD PARTY OR THIRD PARTY PROVIDER THAT YOU INCUR AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING THE WOODFOREST MOBILE BANKING APPLICATION.
Notwithstanding anything in this Terms of Service to the contrary, Woodforest shall not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its control, including telecommunications, power or utility failures.
Provided Woodforest’s systems employed, directly or indirectly, to provide the Service are not operating in a degraded or impaired state or undergoing maintenance, any changes You make to Your Service settings (e.g., turning Your Card from On to Off or Off to On or establishing a Block or a Limit) will usually take effect immediately. While we will attempt to have Your changes to Service settings take effect immediately, You agree to provide us with a reasonable period of time to effectuate Your Service settings.
You may set a transaction Limit, which sets a maximum per transaction dollar amount for Eligible Transactions that may be authorized on the Card. When You establish a Limit, the amount of the Limit applies to all types of Eligible Transactions equally and You do not have the option to apply the Limit to only certain types of Eligible Transactions. However, the amount of the Limit You may set is not permitted to exceed the Limit established by Woodforest. Existing Card transaction and withdrawal limits established within Your Account Disclosures for the associated Eligible Account will still apply. Please consult Your Account Disclosures for more information.
You may Block Eligible Transactions by certain transaction types (i.e., ATM Transaction, In-Store Transaction, etc.). This will prevent Eligible Transactions of a specific type that You select from being authorized. Please note that a Block of ATM Transactions shall not prevent any transaction that Woodforest identifies as a deposit, balance inquiry, or mini-statement transaction that is originated at an ATM.
If for security reasons, You want to turn the Card Off temporarily, You can. This will prevent Eligible Transactions of any amount or type from being authorized, subject to Section 12 below. Note, turning the Card Off will not prevent all transactions from being authorized. For example, Recurring Transactions may be authorized even if You have turned Your Card Off. If You have a Block or Limits set through the Service and then turn the Card Off, then the Block and Limits previously set will be overridden by turning the Card Off. However, once You turn the Card on, all previously set Blocks or Limits will be reinstated, if applicable.
The Service is intended to provide You greater control over certain types and amounts of transactions that may be authorized against Your Eligible Account. However, important limitations and exclusions exist with respect to the Service. Those limitations and exclusions are as follows:
Previously Authorized Transactions. Use of the Service will not prevent Eligible Transactions that are performed with a Card from being posted against the associated Eligible Account if such transaction(s), or series of transactions (including installment payments), were authorized by Woodforest prior to the Card being turned Off or a Block or Limit being established. If a Card is turned Off or a Block or Limit is established for an Eligible Transaction after such transaction is authorized by Woodforest, the transaction will post, clear, and settle against Your Eligible Account just as if You never used the Service at all. Please note that posting, clearing, and settlement of certain transactions is subject to delays beyond Woodforest’s control (including delays by the submitting merchant/retailer, their processor, and payment networks) and the processing and posting of an authorized transaction can, in some cases, take several days or more.
Erroneous Transaction Data Submitted to Woodforest. The Service is designed to allow or deny Eligible Transactions based upon information submitted to Woodforest by one or more third parties, which include merchants, transaction processors, payment networks, and/or terminals at the time the transaction was authorized and/or initiated. The Service evaluates the data contained within any Eligible Transactions against any Blocks or Limits You may have established using the Service. The Service is dependent upon the existence and accuracy of the data submitted by a third party. If the third party fails to submit necessary data or submits data that is inaccurate or erroneous, the Service will not perform as intended and may not prevent the transaction from being authorized. For instance, if You establish a Block on Your Card to prevent In-Store Transactions, the Service will evaluate an authorization request message submitted by a third party to determine whether it contains an indicator that the transaction is an In-Store Transaction. If it is an In-Store transaction, the Service is designed to decline Your transaction. However, if the authorization request message submitted by the third party does not have an indicator that indicates the transaction is an In-Store Transaction, then the transaction will not be declined by the Service.
Recurring Transactions. Use of the Service will not prevent any Recurring Transaction from being authorized against the Card associated with the Eligible Account. However, the Service’s determination of whether a transaction is a Recurring Transaction is contingent upon the availability and accuracy of data being supplied by the applicable merchant, transaction processor, payment network, and/or terminal. While the Service does not prevent Recurring Transactions, if You have any Blocks or Limits established or Your Card is turned Off and the third party (e.g., merchant/biller) submits any transaction that You would expect to be a Recurring Transaction but the third party fails to include data indicating that the transaction is a Recurring Transaction, the Eligible Transaction may be declined by the Service due to the third party’s submission of inaccurate data.
Transactions Not Initiated with a Card. Use of the Service will not prevent transactions performed, initiated, and/or processed via check, mobile or internet transfer, Bill Pay services, automated clearing house (ACH) or any other types of transaction not performed, initiated, and/or processed with a Card from being authorized and/or posted against Eligible Account.
Transactions Authorized on behalf of Woodforest by Third Party. If, for any reason, one or more Eligible Transactions are authorized on behalf of Woodforest by a third party (including a payment network such as MasterCard®, Discover® Network, or PULSE®), such transactions, if authorized by the third party, will clear and will be posted to the Eligible Account even if you have set any Blocks or Limits or have turned the Card Off. Except as provided by law, You will be responsible for the amount of all such transactions along with any associated fees (to the extent allowed by law).
Ineffectiveness of Service for Lost, Stolen, and Closed Cards. If the Card becomes lost or stolen, it is Your sole responsibility to immediately contact Woodforest at 1-866-682-7045 to report Your card as lost or stolen. Placing a Block, Limit, or turning Your Card Off through the Service will not close Your Card permanently or prevent further transactions from being presented on the Card or from impacting the Eligible Account. You agree not to use the Service as a means to permanently prevent Your Card from being used to perform any Eligible Transaction and further agree to notify us if You desire to close Your Card or if it becomes lost or stolen. You further agree that, except where otherwise provided by law, You may be liable for those transactions that post to the Eligible Account if You do not contact Woodforest in the event the Card becomes lost or stolen.
Effect of Removing Block for International Transactions. Removing a Block for International Transactions does not guarantee International Transactions will be authorized by Woodforest. From time to time, Woodforest may restrict a Card from initiating International Transactions if we suspect an elevated risk of fraud. If You have plans to travel outside of the United States, in addition to removing the Block on the Card for International Transactions, please call Woodforest Customer Care at 1-877-968-7962 to inform Woodforest of the upcoming travel dates.
Effect of Limits on Certain Types of Transactions. Limits that You may establish for Your Card may not prevent an Eligible Transaction from posting in an amount that was greater than the amount of Your established Limit.
As one of many possible examples, assume You establish a Limit of $50.00 for In-Store Transactions and You perform an In-Store Transaction using Your Card at a full-service restaurant that is authorized for $49.00. Further assume that You provided Your restaurant server a gratuity of 20% over the $49.00 sale amount (i.e., 20% x $49.00=$9.80), which will result in the transaction being posted against Your Eligible Account in the amount $58.80 (i.e., $49.00+$9.80=$58.80). In circumstances where a difference between the amount of authorization and the amount in which a transaction may clear and post against Your Eligible Account may exist, transactions may post to Your Eligible Account in an amount greater than Your Limit.
Automated Fuel Dispensers.
Assume You establish a Limit of $50.00 and You attempt to purchase fuel from an automated fuel dispenser (“AFD”) at your local fuel retailer, with Your final intended purchase amount being $75.00. As is frequently the case where You authenticate the Eligible Transaction at the AFD using “signature/credit,” the fuel retailer’s AFD may be configured to obtain an authorization against Your Card for $1.00 to initialize the dispenser, but following Your completion of fuel pumping, the AFD will promptly submit a clearing message against the Card in the amount of fuel actually purchased (i.e., $75.00). In circumstances where a difference between the amount of authorization and the amount in which a transaction may clear and post against Your Eligible Account may exist, transactions may post to Your Eligible Account in an amount greater than Your Limit.
Assume You establish a Limit of $50.00 and You attempt to purchase fuel from an AFD at your local fuel retailer, with Your final intended purchase amount being $30.00. As is frequently the case where You authenticate the Eligible Transaction at the AFD using “PIN/debit,” the fuel retailer’s AFD may be configured to obtain an authorization against Your Card for a set amount (e.g., $85.00 or more) in order to initialize the dispenser, but following Your completion of fuel pumping, the AFD will promptly submit a clearing message against the Card in the amount of fuel actually purchased (i.e., $30.00). In such a circumstance, the Limit of $50.00 You established would prevent the authorization from being approved by Woodforest even though your final intended purchase amount of $30.00 was well below the $50.00 Limit.
Service Depends Upon Woodforest’s Receipt of Authorization Message Request. The Service depends upon Woodforest’s receipt of an authorization request message from a merchant, transaction processor, payment network, and/or terminal in order for Woodforest to prevent an Eligible Transaction from being authorized due to a Card being turned Off or the existence of a Block or a Limit. In some limited cases, third parties such as merchants may not submit, or Woodforest may not receive, an authorization request message from the merchant. Because the Service depends upon Woodforest’s receipt of an authorization message, the Service will not be effective to prevent such a transaction in the case where the merchant (or other third party) did not submit, or Woodforest did not receive, an authorization request message.
Service Depends Upon the Performance and/or Availability of Woodforest’s Host System. Upon Woodforest’s receipt of an Eligible Transaction, Woodforest’s host authorization system (the “Host System”) will evaluate the transaction against numerous criteria including whether the associated Card is turned Off or whether any Block or Limit You have established should cause the Eligible Transaction to be declined by Woodforest. As a result, the Service is contingent upon the performance and availability of the Host System. For one or more short periods of time each day, the Host System will be occasionally unavailable. When the Host System is unavailable or if it is operating in a degraded performance state, the Service will not perform as intended and an Eligible Transaction will be authorized by Woodforest on Your behalf notwithstanding the fact that You may have turned Your Card Off or established a Block or Limit that would have otherwise caused the Eligible Transaction to be declined. Maintenance performed by Woodforest (scheduled and unscheduled) and other technical issues, some of which occur on a daily basis, may cause the Host System to be unavailable and/or not to perform as intended.
Application of Transaction Limitations by Woodforest For Security and Risk Notwithstanding Your Service Settings. As described in Your Account Disclosures pertaining to Electronic Fund Transfers and notwithstanding any Service setting You may establish allowing or refusing certain types and/or amounts of Eligible Transactions, Woodforest may be required to apply transaction limitations from time to time as Woodforest deems advisable to, among other things, help ensure the security of Your Card, Eligible Account, or a system or to protect You, Woodforest, and/or a third party from loss or risk of loss. Accordingly, if Your Card is turned On and You have enabled one or more types of Eligible Transactions, such transactions may be declined by transactions limitations set by Woodforest for the protection of You, Woodforest, and/or a third party.
When using the Service, You may experience technical or other difficulties. Woodforest cannot assume responsibility for any technical or other difficulties or any resulting damages, direct or indirect, that You may incur. Some of the Service has qualification requirements, and Woodforest reserves the right to change the qualifications at any time without prior notice. To the maximum extent permitted by law, Woodforest reserves the sole discretion to change, modify, suspend or discontinue the Service, in whole or in part, or Your use of the Service, in whole or in part, immediately and at any time without prior notice to You. Such changes may require You to update the Woodforest Mobile Banking Application, the Eligible Account, or the Card. Woodforest will have no liability or obligation to You with regard to any modifications or changes it makes to the Service or the Woodforest Mobile Banking Application.
Woodforest may, at any time and from time to time, change the Terms of Service or provide other disclosures and notices regarding the Service by delivering them to You through the Woodforest Mobile Banking Application. Your continued receipt and use of the Service following Your receipt of the disclosures and notices constitutes Your acceptance of the new Terms of Service or revisions to the Service.
For each Eligible Transaction that is declined by the Service (whether due to a Block, Limit, or Your Card being turned Off), the Service will respond to any third party who submitted the Eligible Transaction to Woodforest with a response code denoting that the Eligible Transaction was declined due to “Transaction Not Permitted to Cardholder,” or a similar response (the “Service Response Code”). You acknowledge the Service Response Code to be transmitted by the Service and authorize Woodforest to transmit the same to any third party in response to an Eligible Transaction that is declined using the Service.
If an Eligible Transaction is declined by the Service due to a Block, Limit, or the Card being turned Off, You will not receive a notice from Woodforest that the Eligible Transaction was declined due to Your use of the Service. However, You may contact Woodforest Customer Care at 1-877-968-7962 if You have any questions regarding the decline of an Eligible Transaction. In the future, Woodforest may, in its sole discretion, elect to extend the Service to include notifications to You whenever an Eligible Transaction is declined by the Service due to a Block, Limit, or the Card being turned Off. In the event that Woodforest later elects to provide any notifications to You whenever an Eligible Transaction is declined by the Service and You are still using the Service on or after that time, You authorize Woodforest to send such notifications to You (including via electronic mail, text message to a wireless device, in-application message, pre-recorded/artificial voice messages, or otherwise) and You agree to receive such notifications.
You acknowledge and agree that Woodforest is not liable to You or any third party for any fees, charges, penalties, or other amounts, liabilities, and/or expenses that may result from Your use of the Service, any Blocks or Limits You may establish, any Service Response Code communicated to any third party, or any notifications that Woodforest may transmit or that You may receive.
We currently do not charge a fee for the Service; however, we reserve the right to charge a fee at a later date. If we elect to begin charging a fee for the Service, we will notify You in writing and in advance prior to the imposition of the fee if required by law. Continued receipt or use of the Service after the fee becomes effective means You agree to pay the fee that has been disclosed to You, as may be amended from time to time.
You are responsible for any fees and penalties charged by Your internet services provider, telecommunications provider or any other third party in connection with Your use of the Service, including the Woodforest Mobile Banking Application.
Cellular, internet, and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals/connections, and other failures over which Woodforest has no control. WOODFOREST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, LIABILITIES, DAMAGES (ACTUAL OR CONSEQUENTIAL), LOSSES, FINES, OR EXPENSES YOU MAY INCUR RESULTING FROM YOUR INABILITY TO USE THE SERVICE DUE TO ANY ACT, OMISSION, OR FAILURE OF ANY THIRD PARTY OR CIRCUMSTANCES BEYOND THE CONTROL OF WOODFOREST.
These Terms of Service only address the terms and conditions that apply to Your use of the Service. Your cellular, internet, and/or wireless communications provider (“Third Party Provider”) has its own third party agreements and You are subject to those third party agreements. Woodforest is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Your Third Party Provider’s products and/or services. It is Your responsibility to read and understand the third party agreements before creating, activating or using the Service. Woodforest is not responsible for, and does not provide, any support or assistance for any third party hardware, software or other products or services (including any mobile device). If You have any questions or issues with a third party product or service, including issues pertaining to the operation of Your mobile device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance.
You are also solely responsible for all fees or damages assessed by third parties, merchants, or provider of goods or services for payments that are refused or declined as a result of Your use of the Service.
You agree that Woodforest retains all ownership, title, interest and intellectual and proprietary rights in the Service, associated content and technology. Your use of the Service is subject to and conditioned upon Your complete compliance with the Terms of Service. Without limiting the effect of the foregoing, any breach of the Terms of Service immediately terminates Your right to use the Service. Without limiting the restriction of the foregoing, You may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Woodforest’s business interest, or (iii) to Woodforest’s actual or potential economic disadvantage in any aspect.
So long as You comply with the Terms of Service, Woodforest grants You a limited, nonexclusive, as-is, revocable, nontransferable license, without right of sublicense, to use the Service solely for purpose of establishing and/or removing Block(s) or Limit(s) on the Card or to turn the Card On or Off. You may not use the Service for any other purpose and may not, or allow any other party to:
You shall comply with all applicable international, federal, state, and local laws, rules, regulations, directives and governmental requirements relating to Your use of the Service. Woodforest may, in its sole discretion, accept or reject Your request to register for the Service and may disable or otherwise suspend access to the Service at any time for any reason or no reason whatsoever, including if Woodforest suspects fraud or illegal, unauthorized or improper conduct.
You agree to defend, indemnify and hold Woodforest harmless for any and all claims, liabilities, damages (actual and consequential), loss, fines or expense (including attorney's fees and expenses of litigation) arising from or in any way related to: (a) Your use of the Service; (b) Your breach of any of the covenants, representations, and/or warranties made by You pursuant to the Terms of Service, any related Account Disclosures and/or applicable law; or (c) Your negligence or willful misconduct.
These Terms of Service will be effective until terminated as provided herein. Woodforest may suspend or terminate Your use of the Service and/or access to the Service at any time, with or without cause, and without notice, including in the event (a) the Eligible Account is no longer considered active (which includes, but is not limited to, a status of charged off, closed, or dormant); (b) the Card is not an active Woodforest Debit Card, whether closed, reported lost stolen, or has certain features of the Service limited in an effort of fraud prevention; (c) the information You provided to register for the Eligible Account, Online Services or the Service is false, inaccurate, not current, or incomplete; (d) You are engaged in illegal activity; or (e) You have breached any of these Terms of Service.
On termination of these Terms of Service for any reason, the rights and licenses granted to You with respect to the Service will immediately terminate. Upon the termination of these Terms of Service, You shall immediately cease all use of the Service; and the terms, conditions, and warranties contained in these Terms of Service that by their nature and context are intended to survive the termination of these Terms of Service shall survive, including Ownership, Indemnification, Disclaimer of Warranties, Limitation of Liability, Termination, and Miscellaneous. Woodforest shall have no liability to You for any damages, loss of profits or other claims arising from the termination or suspension of Your access to the Service.
If You require any support with the Service including turning Your Card On or Off, or establishing or removing any Blocks or Limits, or if You have any questions or concerns with the Service, please contact Woodforest Customer Care at 1-877-968-7962.
If a Card becomes lost or stolen, it is Your sole responsibility to contact Woodforest at 1-866-682-7045 immediately to report Your card as lost or stolen. Placing a Block or Limits through the Service will not close Your card permanently or prevent further transactions from being presented on the Card or from impacting the Eligible Account. You could have liability for those transactions that post to the Eligible Account.
These Terms of Service constitute the entire agreement between You and Woodforest with regard to the subject matter hereof. In the event of any conflict or inconsistency between any term or condition of the Terms of Service and any term or condition contained in the Account Disclosures, the term or condition set forth in the Terms of Service shall govern with respect to the subject matter hereof; otherwise, the terms and conditions of the Account Disclosures shall govern. These Terms of Service do not create and shall not be construed as creating a joint venture, co-ownership, partnership, or agency relationship between You and Woodforest. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign or transfer Your rights or obligations under these Terms of Service. Any purported transfer or assignment in violation of the foregoing will be invalid. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal and legal representatives, executors, administrators, successors and permitted assigns. These Terms of Service represent an agreement between You and Woodforest and there are no intended third party beneficiaries. As used in this Services Agreement, (i) the terms “include” and “including” are meant to be inclusive and shall be deemed to mean “include without limitation” or “including without limitation,” and (ii) the word “or” is disjunctive, but not necessarily exclusive. Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa. This Terms of Service has been prepared in the English language. Woodforest may also elect to make this Terms of Service available in a language other than English. You acknowledge and agree that in the event of any conflict or inconsistency between any term or condition of the English language version of the Terms of Service and any term or condition contained in a version of the Terms of Service that is not in the English language, the term or condition contained in the English language version of the Terms of Service shall prevail.