CITIZENS NATIONAL BANK
P O Box 760
Somerset, KY 42502-0760
MOBILE DEPOSIT USER AGREEMENT
This Mobile Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of
Citizens National Bank’s Mobile Deposit services that Citizens National Bank (“CNB”) may provide to
you. Other agreements you have entered into with CNB, as applicable to your Citizens National Bank
account(s), are incorporated by reference and made a part of this Agreement, including the Online
1. Services. CNB’s Mobile Deposit services (“Services”) are designed to allow you to make deposits to
your checking, savings, or money market savings accounts from home or other remote locations by
capturing the image of a check and delivering the images and associated deposit information to CNB’s
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this
Agreement. This Agreement is subject to change at any time. We will notify you of any material
change via email, text message, or on our website by providing a link to the revised Agreement. Your
continued use of the Services will indicate your consent to be bound by the revised Agreement.
Further, CNB reserves the right, in its sole discretion, to change, modify, add, or remove portions from
the Services. Your continued use of the Services will indicate your acceptance of any such changes to
3. Limitations of Service.When using the Services, you may experience technical or other difficulties.
We will attempt to post alerts on our website to notify you of these interruptions in Service. We
cannot assume responsibility for any technical or other difficulties or any resulting damages that you
may incur. Some of the Services have qualification requirements, and we reserve the right to change
the qualifications at any time without prior notice. We reserve the right to change, suspend or
discontinue the Services, in whole or in part, or your use of the Services, in whole or in part,
immediately and at any time without prior notice to you.
4. Hardware and Software.In order to use the Services, you must obtain and maintain, at your
expense, compatible hardware and software. Apple devices must be equipped with a camera that
runs ios 7.0 or higher, or Android OS 2.3 or higher. CNB is not responsible for any third party software
you may need to use the Services. Any such software is accepted by you as is and is subject to the
terms and conditions of the software agreement you enter into directly with the third party software
provider at time of download and installation.
5. Fees.Message and Data Rates may apply. Please check with your communication service provider
for rates, texting charges and other applicable fees.
6. Eligible items.You agree to scan and deposit only “checks” as that term is defined in Federal
Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to CNB is converted to
an image for subsequent presentment and collection, it shall thereafter be deemed an “item” within
the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items
which shall be considered ineligible items:
● Checks payable to any person or entity other than the person or entity that owns the account
that the check is being deposited into.
● Checks containing an alteration on the front of the check or item, or which you know or
suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner
of the account on which the check is drawn.
● Checks payable jointly, unless deposited into an account in the name of all payees.
● Checks previously converted to a substitute check, as defined in Reg. CC.
● Checks drawn on a financial institution located outside the United States.
● Checks that are remotely created checks, as defined in Reg. CC.
● Checks not payable in United States currency.
● Checks dated more than 6 months prior to the date of deposit.
● Checks or items prohibited by the bank’s current procedures relating to the services or which
are otherwise not acceptable under the terms of your account.
● Checks with any endorsement on the back other than that specified in this agreement.
● Checks that have previously been submitted through the Service or through a remote deposit
capture service offered at any other financial institution.
● Checks that have previously been deposited or negotiated in any way via any method at
Citizens National Bank or any other financial institution.
● United States Savings Bonds
● Rebate Checks
● Money Orders
● No checks that are dated later than the date of the deposit
7. Endorsements and Procedures.You agree that all checks deposited through the service must (a) be
signed by all required parties, and (b) state “For deposit only” or as otherwise instructed by CNB.
You agree to follow any and all other procedures and instructions for use of the Services as CNB may
establish from time to time.
8. Receipt of Items.We reserve the right to reject any item transmitted through the Services, at our
discretion, without liability to you. We are not responsible for items we do not receive or for images
that are dropped during transmission. An image of an item shall be deemed received when you
receive a confirmation from CNB that we have received the image. Receipt of such confirmation does
not mean that the transmission was error free, complete or will be considered a deposit and credited
to your account. We further reserve the right to charge back to your account at anytime, any item
that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any
loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
9. Availability of Funds.Checks deposited via the Service by the Bank’s stated 4:00 p.m. EST deadline
will be considered deposited on that business day and subject to the Funds Availability disclosure
provided during account opening. Otherwise, we will consider that the deposit was made on the next
business day we are open. Funds deposited using the Services will generally be made available on the
first business day after the day of deposit.
10. Disposal of Transmitted Items.Upon your receipt of a confirmation from CNB that we have
received an image that you have transmitted, you agree to prominently mark the item as
“Electronically Presented”, “VOID”, or otherwise render it incapable of further transmission, deposit,
or presentment. You agree never to re-present the item. You agree to retain the check for at least 60
calendar days from the date of the image transmission. After 60 days, you agree to destroy the check
that you transmitted. During the time the retained check is available, you agree to properly handle
the check and upon request, promptly provide it to CNB.
11. Deposit Limits.We reserve the right to and may establish limits on the dollar amount and/or
number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these
limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such
deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such
a deposit at other times.
12. Presentment.The manner in which the items are cleared, presented for payment, and collected
shall be at CNB’s sole discretion subject to the agreements governing your account.
13. Errors.You agree to notify CNB of any suspected errors regarding items deposited through the
Services immediately, and in no event later than 30 days after the applicable CNB account statement
is sent. Unless you notify CNB within 30 days, such statement regarding all deposits made through the
Services shall be deemed correct, and you are prohibited from bringing a claim against CNB for such
14. Errors in Transmission.By using the Services you accept the risk that an item may be intercepted
or misdirected during transmission. CNB bears no liability to you or others for any such intercepted or
misdirected items or information disclosed through such errors.
15. Image Quality.The image of an item transmitted to CNB using the Services must be legible, as
determined in the sole discretion of CNB . Without limiting the foregoing, the image quality of the
items must comply with the requirements established from time to time by CNB, the Board of
Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
16. User Warranties and Indemnification.You warrant to CNB that:
● You will only transmit eligible items.
● You will not transmit duplicate items.
● You will not re-deposit or re-present the original item.
● All information you provide to CNB is accurate and true.
● You will comply with this Agreement and all applicable rules, laws, and regulations.
● You are not aware of any factor which may impair the collectability of the item.
● You agree to indemnify and hold harmless CNB from any loss for breach of this warranty
17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual
transactions, poor quality transmissions, and resolution of customer claims, including by providing,
upon request and without further cost, any originals or copies of items deposited through the Service
in your possession and your records relating to such items and transmissions.
18. Termination.We may terminate this Agreement at any time, for any reason, and without notice.
This Agreement shall remain in full force and effect unless and until it is terminated by us. Without
limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if
you use the Services for any unauthorized or illegal purposes or you use the Services in a manner
inconsistent with the terms of your account agreement or any other agreement with us.
19. Enforceability.We may waive enforcement of any provision of this Agreement. No waiver of a
breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the
Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to
modify the terms of this Agreement. In the event that any provision of this Agreement shall be
deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall
not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest
extent permitted by law.
20. Ownership & License.You agree that CNB retains all ownership and proprietary rights in the
Services, associated content, technology, and website(s). Your use of the Services is subject to and
conditioned upon your complete compliance with this Agreement. Without limiting the effect of the
foregoing, any breach of this Agreement immediately terminates your right to use the Services.
Without limiting the restriction of the foregoing, you may not use the Services (i) in any
anti-competitive manner, (ii) for any purpose which would be contrary to CNB’s business interest, or
(iii) to CNB’s actual or potential economic disadvantage in any aspect. You may use the Services only
in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative
works from the content and agree not to reverse engineer or reverse compile any of the technology
used to provide the Services.
21. DISCLAIMER OF WARRANTIES.YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION
AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. CNB DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF
THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
CNB MAKES NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR
TECHNOLOGY WILL BE CORRECTED.
22. LIMITATION OF LIABILITY.YOU AGREE THAT CNB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM
OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES,
REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE), EVEN IF CNB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
(End-Mobile Deposit User Agreement)