AnyWhereMobile™ User Agreement
Welcome to the AnyWhereMobile Network powered by MShift. MShift, Inc. has developed payment software that is used by financial institution partners to make it easy for users to make purchases and send and receive money with lower fees than traditional systems.
The AnyWhereMobile Network provides its registered users with access to its payment network, and works with financial institution partners to perform financial transactions. All actions taken by the AnyWhereMobile Network in regards to the transfer of funds are done so on behalf of our financial institution partners.
Although we would love to have a one page terms of service that was comprised of easy-to-read bullet points, unfortunately the realities of the legal world make that nearly impossible. So, please bear with us through all the legalities of this User Agreement-although we couldn't keep it to one page, it is important You read this User Agreement in full and understand the terms and conditions that govern our services.
Table of contents
- Terms and Conditions of Service
- User Conduct
- Referral Program
- Guest Checkout
- MShift Credit
- Actions Against Your User Account due to Non-Compliance with User Conduct Requirements or Security Concerns
- Login / Password / PIN
- Multiple User Accounts and Dual Log In Sessions
- Error Resolution
- ACH ("Automated Clearing House") Clearing Times
- System Maintenance and Updates
- No Endorsement or Guarantee
- Force Majeure
- 3rd party API use
- Consent to Electronic Transactions and Disclosures
- Data Retention
- USA Patriot Act Notice
Terms and Conditions of Service
This User Agreement is effective as of June 1, 2014.
This AnyWhereMobile Network Agreement is a binding agreement between You, MShift, Inc. and our Financial Institution Partners, which may change over time. The Financial Institution Partners provide funds transfer services upon instructions issued through the AnyWhereMobile Network. MShift, Inc. provides access to the AnyWhereMobile Network and all actions taken in regards to the transfer of funds are on the Financial Institution Partners' behalf. We may modify this Agreement from time to time for any reason, subject to Your renewed agreement by click through or other indication of acceptance. Please read the Agreement carefully, as it may have changed since Your last visit. Unless the context otherwise requires, the capitalized terms used herein shall have the meaning assigned to them in the Definitions section below.
THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE ANYWHEREMOBILE NETWORK AND THE FINANCIAL INSTITUTION PARTNERS' SERVICES PROVIDED THROUGH THE AANYWHEREMOBILE NETWORK. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING AND USING THE ANYWHEREMOBILE NETWORK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE ANYWHEREMOBILE NETWORK.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
The following capitalized terms shall have the indicated meanings:
- "Agreement" means this User Agreement, effective as of the date specified above.
- "MShift, Inc.," or "MShift" refers to MShift, Inc., a company incorporated in Delaware that provides funds management software for MShift Users, and its successors, affiliates, or assigns.
- "AnyWhereMobile Network" means software owned by MShift; provided to MShift Users by MShift as an agent of the Financial Institution Partners to provide money transfer instructions to the Financial Institution Partners; or used by MShift and the Financial Institution Partners in the provision of Our services.
- "MShift User" or "User," means a natural person, corporation, or other entity that has established a User Account on the AnyWhereMobile Network. By agreeing to this Agreement, You are a User (and MShift User) hereunder.
- "MShift Website" means MShift's website at https://www.MShift.com or https://www.awm.com and its subdomains, through which the AnyWhereMobile Network is made available for use by You.
- "Financial Institution" means any federally or state chartered bank, thrift, or credit union.
- "Financial Institution Partner" means the Financial Institutions with whom MShift has entered into an agreement to act as an agent for purposes of providing access to the AnyWhereMobile Network. This definition may be amended from time to time as other Financial Institutions contract to use the AnyWhereMobile Network.
- "Financial Institution Partner's Services" means the funds transfer services made available through Your use of the AnyWhereMobile Network; MShift offers its services solely as an agent of the Financial Institution Partner, using its AnyWhereMobile Network to provide money transfer instructions to the Financial Institution Partner.
- "FinCEN" means the United States Department of the Treasury's Financial Crimes Enforcement Network.
- "Guest" means a natural person, corporation, or other entity that is using the AnyWhereMobile Network's Guest Checkout services (as described in this Agreement).
- "Partners" means natural persons or entities that MShift does business with in order to bring the AnyWhereMobile Network to the marketplace.
- "Receiver" means a natural person, corporation, or other entity that is receiving funds using the AnyWhereMobile Network's Guest Checkout services (as described in this Agreement).
- "Referral Program" means the referral program made available through the MShift Website from time to time, as described thereon.
- "Sender" means a natural person, corporation, or other entity that is sending funds using the AnyWhereMobile Network's Guest Checkout services (as described in this Agreement).
- "United States Financial Institutions" means Financial Institutions chartered in the United States of America.
- "Us" or "We" or "Our" refers to MShift, Inc. and the Financial Institution Partner.
- "User Account" is the online user account with MShift on the AnyWhereMobile Network associated with a MShift User.
- "Financial Institution Partners Credit Union" (or "Financial Institution Partners") refers to our Financial Institution Partner, Financial Institution Partners Credit Union, an Iowa-chartered, federally insured credit union headquartered in Waterloo, Iowa, and its successors, affiliates, and assigns.
- "Holding Account" is a pooled holding account at a Financial Institution Partner that holds MShift Users funds. THE HOLDING ACCOUNT IS NOT ELIGIBLE FOR INDIVIDUAL INSURANCE AND MAY NOT BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND.
- "You," or "Your" means the person who accepts this User Agreement, and the entity, if any, that such person represents. You are a MShift User under this Agreement.
MShift provides You with access to its software platform, which allows MShift Users to provide instructions to the Financial Institution Partners to send and receive money.
You understand and agree to these important features of Your relationship with Us as a MShift User: (1) MShift provides funds management software for MShift Users on a remote hosted (commonly known as "platform as a service") basis; (2) MShift does not receive, hold, or transmit User funds; MShift only maintains and manages information associated with User ownership of the funds; (3) the Financial Institution Partners is the entity that provides funds transfer services upon instructions issued through the AnyWhereMobile Network; and (4) Funds in the Financial Institution Partners Holding Account are held in a pooled account. THESE FUNDS ARE NOT ELIGIBLE FOR INDIVIDUAL INSURANCE, AND MAY NOT BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND, AND IN THE EVENT OF A RECEIVERSHIP MSHIFT USERS MAY LOSE VALUE.
The AnyWhereMobile Network may only be used in connection with United States Financial Institutions: User funds must originate at a United States Financial Institution, and MShift will only instruct the Financial Institution Partners to transfer funds to a United States Financial Institution associated with the appropriate MShift User.
You may not transfer any rights or obligations that You may have under this Agreement or with respect to any service provided hereunder without Our prior written consent. We reserve the right to transfer any right or obligation under this Agreement or with respect to any service without Your consent.
MShift acts on Your behalf by maintaining records related to Your User Account and by sending information and instructions associated with Your User Account to the Financial Institution Partners. You understand and agree that: (1) You are responsible for the accuracy and validity of all information provided to Us; (2) Your failure to provide accurate and valid information may result in actions taken against Your User Account and access to the AnyWhereMobile Network by MShift, actions taken by the Financial Institution Partners with respect to Your User Account and the funds in the Financial Institution Partners Holding Account, or other penalties or actions as detailed in this Agreement; and (3) We are not responsible for incorrect or invalid information provided by You through the AnyWhereMobile Network.
You understand and agree that You will not engage in the following activities:
- Use of the AnyWhereMobile Network, without MShift's written consent, to operate or engage in any business regulated by FinCEN, including the money service business;
- Use the AnyWhereMobile Network to engage in any transaction involving Virtual Currency (including any purchase or sale of any virtual currency) or to provide a marketplace and/or exchange for Virtual Currency;
- Use the AnyWhereMobile Network in association with or for payment of illegal goods or services, including, but not limited to, illegal substances, illegal online gambling/ wagering, pyramid schemes, or any type of money laundering;
- Attempt to falsify Your identity, such as by providing false account information or false documents; or
- Defraud Us or other MShift Users in any way.
You understand and agree:
- You will provide information requested to determine Your identity, including but not limited to the following: a valid U.S. address, phone number, Financial Institution account information, photo identification, and/or tax identification or social security number.
- You authorize Us, directly or through third parties, to make inquiries that We consider necessary to validate Your identity, such as requesting additional information to validate Your Financial Institution account ownership, identity, and transaction authorization. This information is requested to protect MShift Users.
When You use the AnyWhereMobile Network to process Your transactions, You will be charged a $0.25 fee per transaction for all transactions over $10. Any transaction under and including $10 will not be charged a fee. If another MShift User (a third party) "facilitates" Your transaction, You may be charged a facilitator fee (an additional service fee). The transaction facilitator determines, sets, and manages the facilitator fee. There are currently no monthly, setup, or gateway service fees to utilize the AnyWhereMobile Network.
We work to protect You from unwarranted chargebacks. In cases where You are found liable for a chargeback, You'll be charged the full amount of the chargeback plus an additional $15 chargeback fee.
In addition to the terms and conditions otherwise provided for in this Agreement, use of MShift's Referral Program requires acceptance of the terms and conditions listed below.
- Referral credits are not transferable and may not be auctioned, traded, bartered or sold. They can only be used to pay for transaction fees owed to MShift hereunder. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's MShift account for any reason, any unredeemed credit and rewards accumulated by You will then be automatically forfeited.
- Referral credits can expire or be terminated at any time at MShift's sole discretion.
In addition to the terms and conditions otherwise provided for in this Agreement, Users who utilize MShift's Guest Checkout Service (described below) agree to and accept the terms and conditions of each of the paragraphs below. Such Users are referred to as "Guests" or "Receivers" as defined above.
- If You are a Guest, You represent that You have read and agree to all of the terms of this Agreement applicable to the Guest Checkout Service (without limiting Your other commitments under this Agreement). The Guest warrants and represents that he/she (i) is over 18 years of age, (ii) is using a valid US bank account, and (iii) is authorized to use the bank account.
- In order to use MShift Guest Services, You must be directed to a guest payment screen by Your Receiver (an established MShift customer).
- The Guest authorizes Us to perform debits and credits to/from the Guest's bank account specified by the Guest through the Guest's use of the AnyWhereMobile Network.
- If You are the Receiver, You hereby authorize Us to perform debits and credits to Your MShift account.
- The Guest and Receiver authorize Us to resolve any disputes.
- You understand that (i) the Guest Checkout service is being provided on behalf of the Receiver (and established MShift Users) as an electronic funds transfer processing service rather than a bank service. You also understand that We are not acting as a fiduciary, trustee, money transmitter, or providing any type of escrow service with respect to Your funds, but only acting as the Receiver's agent.
- To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding Your transaction and/or Your use of the Service, may be provided to You electronically and You agree to receive all such information from Us in electronic form. Information may be posted on the pages within the AnyWhereMobile Network and website in electronic form.
- All information in either electronic or paper form will be considered received by You no later than forty-eight (48) hours after posting or delivery.
Rights and Requirements to Use the MShift Guest Checkout Service
For the Sender:
You must give Us the requested information that is current, true, accurate and complete. You are not permitted to use this Service on behalf of another party or use an unauthorized name. If We determine that any of the information You provide is outdated, false, inaccurate, or incomplete, either of Us may terminate Your use of the Guest Checkout Service immediately and for all future use. This action on Our part does not limit other remedies either of Us may pursue to recover costs, losses, or other expenses either of Us incurs as a result of the information or lack of information You provide.
Upon providing MShift with Your information, You are authorizing it, directly or through third parties, to make any inquiries We consider necessary to confirm Your information and to provide such information to the Financial Institution Partners. This may include the use of fraud-screening services to verify the information You provide as well as ordering a credit report and performing other forms of credit checks including verification against third party databases.
Bank Account Information:
You must provide Us with Your routing and account number associated with Your bank account from which funds are to be withdrawn. If We find that Your account is closed or has insufficient funds, Your transaction will not be processed. Please be advised that We reserve the right to reject any accounts at certain banks for the use of our AnyWhereMobile Network. In addition, We may require additional information and confirmation at Our sole discretion or at the discretion of Your Receiver and Us. In general, consumer and business checking and savings accounts are permitted.
Right to Refuse Payment:
When You send a payment/transfer to a Receiver upon their direction through the AnyWhereMobile Network, that Receiver is not required to accept the payment. The Receiver is free to return payments/transfers or, in some cases, to use the AnyWhereMobile Network to reject or deny payments that You have sent. You understand that We will not be liable for any damages resulting from a Receiver's decision not to accept a payment made through the AnyWhereMobile Network. Any disputes You may have related to a refusal by a Receiver should be handled directly between You and the Receiver. Any payments through the AnyWhereMobile Network that are denied or unclaimed by a Receiver will be returned to the Sender either on the date of such denial, or within 30 days from the date the payment was originally sent, whichever is earlier.
For the Receiver:
Authorize MShift as an Agent
You agree and authorize Us to act as an agent on Your behalf to transfer to electronically debit the Senders bank account and credit the funds to Your MShift account.
Authorizations for Chargeback:
You understand that We do not warrant the transactions and that these transactions are subject to ACH chargeback processes. You agree and warrant that any chargebacks received by Us can and will be debited from Your MShift account and if such funds do not exist a debit for the chargeback amount will be placed against the bank account to which the funds were withdrawn.
For MShift and the Financial Institution Partners:
On behalf of the Receiver, We shall make reasonable efforts to ensure that requests for AnyWhereMobile Network transactions and the related electronic debits and credits involving bank accounts are processed in a timely manner. Many factors outside the control of the Receiver and Us may contribute to when Your Receiver will actually consider the funds to have been received. For this reason, we recommend that You schedule all AnyWhereMobile Network transactions so that the estimated settlement date is at least twenty-four hours (24 hours) before the actual due date that You would like the transaction to clear. Although the estimated settlement date is shown to You, We do not make any warranties regarding the amount of time needed to complete processing with Your Receiver. Neither MShift, the Financial Institution Partners nor Your Receiver shall be liable for any actual or consequential damages arising from any claim of delay of MShift transactions due to any number of reasons, including but not limited to the following:
- Insufficient funds in Your designated bank account or available credit on Your credit/debit card account to complete the electronic payment request;
- Failure to provide correct or complete personal or Receiver information; or
- Other circumstances beyond Our control (such as but not limited to fire, flood, earthquakes, war, riots, acts of terrorism, delays in the banking system or interference from a third party source).
In addition, We and/or Receiver, at our sole discretion reserve the right to restrict electronic payment requests from a Sender's designated bank account for any one of the reasons listed below:
- Unauthorized or unusual use of Your designated bank or credit/debit card account;
- Transfer or receipt of fraudulent or suspected fraudulent funds or credit/debit card use;
- Detection of excessive disputes or reversals, or "kiting" type attempts;
- Failure to cooperate in an investigation, dispute, or provide additional requested information when requested;
- Any noncompliance with the terms and conditions of this Agreement;
- Failure to confirm any personal or bank account information previously provided by Sender associated with the use of our Service; or
- Insufficient funds, available credit, returns, or reversals of any kind related to Your bank account or credit/debit card account.
We will use reasonable efforts to research and resolve such matters as specified above to reach a conclusion as quickly as possible for all parties involved.
In the event there is a dispute covering a specific transaction, We may restrict the electronic funds or credit related to that particular transaction. We may also restrict all transactions for a designated period of time or until further notice to Sender to protect Ourselves and/or the Receiver against the risk or returns or reversals. If needed, We may cancel Your transaction by notifying You and sending You a check or credit for credit card payment for any funds owed to You at the address You provided in the AnyWhereMobile Network. At a later point, if it is determined that You are entitled to the amount in dispute, additional payment will be made accordingly.
In addition to the terms and conditions otherwise provided for in this Agreement, Users who choose to enable MShift Credit must agree to and accept the terms and conditions listed below:
- MShift has partnered with Financial Institution Partner to provide MShift Credit to Users of the AnyWhereMobile Network. MShift provides Financial Institution Partner access to the MShift Software Platform and Financial Institution Partner is responsible for all underwriting decisions and extensions of credit to Users.
- You agree and acknowledge that MShift and Financial Institution Partner have separate and distinct Terms and Conditions and Privacy Policies. If You choose to enable and apply for MShift Credit You, agree to accept the terms and conditions provided by Financial Institution Partner which include, but are not limited to Terms and Conditions, the Credit Account Agreement and Customer Privacy Statement.
- You agree and acknowledge that by enabling MShift Credit and accepting Financial Institution Partner's terms and conditions You are entering into a separate agreement with Financial Institution Partner that contains certain rights and obligations including the repayment of any debts incurred or fees owed to Financial Institution Partner.
Actions Against Your User Account due to Non-Compliance with User Conduct Requirements or Security Concerns
YOU UNDERSTAND AND AGREE THAT YOU MAY NOT BE ABLE TO ACCESS FUNDS HELD IN THE Financial Institution Partners HOLDING ACCOUNT IF YOUR USER ACCOUNT IS CLOSED, SUSPENDED, HAS A HOLD PLACED ON IT, OR IS OTHERWISE LIMITED, AS DETAILED IN THIS SECTION.
You understand and agree that We are not responsible for any losses or liability resulting from actions taken against Your User Account as detailed in this section.
You understand and agree that the decision by Us to take certain actions, including placing holds on or limiting access to Your User Account as detailed below, may be based on confidential criteria that are essential to risk management or security concerns. You understand and agree that We are not under any obligation to disclose the details of Our risk management or security procedures to You.
You understand and agree that We are authorized to take the following actions due to User misconduct or security concerns as detailed in this section:
- Place a Hold on Your User Account for Up to 90 days:
- Temporarily or Permanently Suspend or otherwise Limit Your Access to Your User Account:
- Contact Users who have purchased goods or services from You, contact Your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of Your actions; or
- Take legal action against You
If We take an action against Your User Account, including: placing a hold on, suspending or otherwise limiting Your access to, or terminating Your User Account, We will provide You with notice that such action has been taken against Your User Account. We may also provide the opportunity to request restoration of access if it is deemed appropriate by Us.
User misconduct or security concerns that may result in any of the above listed actions, as applicable, include:
- Your Non-compliance with the requirements detailed in this Agreement, including attempting to use the AnyWhereMobile Network for illegal purposes or attempting to falsify Your identity or provide false information;
- Inability of MShift to acquire sufficient information to verify Your identity;
- A determination by MShift, pursuant to general parameters of conduct established by the Financial Institution Partners, that a Hold on Your User Account is reasonably needed to protect against the risk of liability;
- A determination by MShift, pursuant to general parameters of conduct established by the Financial Institution Partners, that there may be a high level of risk associated with You, other MShift users involved in the payments You receive, Your User Account, or any or all of Your transactions.
You agree in the event You have unpaid debts or bills with Users within the AnyWhereMobile Network, other Users may use documentation from the AnyWhereMobile Network in legal or other actions in support of collection of that debt. This includes, but is not limited to, unpaid invoices or unfulfilled contractual agreements. You agree We will not be held liable for any losses or debts incurred during Your experience with other MShift Users.
Login / Password / PIN
You agree that You will not share Your login information, password, or PIN with anyone else. You understand and agree to take all necessary steps to protect Your User Account information as detailed in this Agreement. We will never ask for Your password or PIN number. You are solely responsible for all acts and omissions made using Your login information, password or PIN. You agree that We carry no liability for losses or problems that may arise due to Your sharing this private information with other people, businesses, or entities.
You agree We may communicate usage information to Your Financial Institution or any service providers to that Financial Institution.
Multiple User Accounts and Dual Log In Sessions
You understand and agree that You may not maintain multiple User Accounts or use multiple User Accounts simultaneously. You understand and agree that We may provide Your usage information and personal information to state or federal law enforcement in accordance with applicable law. Any misuse or misrepresentation of the AnyWhereMobile Network (including, but not limited to, attempting to use multiple User Accounts) may result in suspension of Your User Account or other actions.
MShift User Accounts are also not eligible for dual log in sessions, meaning that a User of a personal account may not simultaneously be logged in to his or her User Account on more than one page or from more than one location. In the event a second log in session is initiated, You agree MShift may disconnect both log in sessions and require any User to revalidate the User Account.
The recipient of funds may be subject to reversals occurring within the User Account if claims are made by the sending party or by the sending party's Financial Institution.
You understand and agree that:
- If there is a reversal of a payment to You, You will be liable to the Financial Institution Partners for the full amount of the reversed payment plus a fee in the amount of $15 ("Reversal fee"). The reversed payment plus the reversal fee is the "Reversal Liability."
- Reversals are debited by the Financial Institution Partners in the Financial Institution Partners Holding Account and will be reflected in Your MShift User Account.
- If You do not have a balance in Your MShift User Account that is sufficient to cover Your Reversal Liability, the remaining balance in Your MShift User Account (if any) will be used to cover the Reversal Liability, and You authorize Us, to take any of the following actions:
- Debit Your attached Bank Account in the amount of the unpaid portion of the Reversal Liability;
- Suspend Your User Account and require You to take immediate actions to repay the unpaid portion of the Reversal Liability; and/or
- Engage in collection efforts to recover the unpaid portion of the Reversal Liability.
In Case of Errors or Questions About Your Transactions, call us at (515) 280-1000 or E-mail us at compliance@MShift.com.
You should contact Us as soon as You can if You think Your account statement is wrong or if You need more information about a transfer listed on the account statement. We must hear from You no later than 60 days after the account statement in which the problem or error appeared was first available for You to access on the AnyWhereMobile Network or the account statement shall be deemed correct and final.
- Tell Us Your name and account number (if any).
- Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information.
- Tell Us the dollar amount of the suspected error.
If You tell Us orally, We may require that You send Us Your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We will credit Your account within 10 business days for the amount You think is in error, so that You will have the use of the money during the time it takes Us to complete its investigation. If We ask You to put Your complaint or question in writing and We do not receive it within 10 business days, We may not credit Your account.
For errors involving new accounts, We may take up to 90 days to investigate Your complaint or question and may take up to 20 business days to credit Your account for the amount, if any, that was debited in error.
MShift will tell You the results within three business days after completing Our investigation. If We decide that there was no error, We will provide You a written explanation. You may ask for copies of the documents that We used in Our investigation.
ACH ("Automated Clearing House") Clearing Times
If You choose to deposit or withdraw money into/from Your MShift User Account, or initiate a bank funded transfer, You understand that normal ACH clearing times apply. Depending on Your bank, it can take 3-4 business days (excluding weekends and bank holidays) for the money to appear in Your MShift User Account or bank account. There is not a set time to withdraw or deposit funds to make it into Your MShift account or bank account by a certain time.
You agree We, for security, legal and performance purposes, shall record information about You and your transactions using the AnyWhereMobile Network. This includes, but is not limited to, Your operating system, IP address, usage statistics, and transaction frequency. This information can be vital for not only security, but insuring our products are fulfilling their intended purposes.
System Maintenance and Updates
We may, from time to time, perform maintenance on Our systems and/or update Our systems. Such maintenance and updates may result in temporary unavailability of the AnyWhereMobile Network and temporary inability to access Your funds held at the Financial Institution Partners. You agree to relieve Us from any liability or losses that may be associated with such maintenance or updates.
SERVICES PROVIDED BY US ARE ONLY AS REPRESENTED IN THIS AGREEMENT. WE DO NOT INSURE FUNDS. FUNDS ASSOCIATED WITH USER ACCOUNTS USING MSHIFTS'S SYSTEM ARE HELD IN AN ACCOUNT MAINTAINED BY Financial Institution Partners. FUNDS HELD AT INANCIAL INSTUTION PARTNER ARE HELD IN A POOLED ACCOUNT. THESE FUNDS ARE NOT ELIGIBLE FOR INDIVIDUAL INSURANCE, MAY NOT BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND, AND IN THE EVENT OF A FINANCIAL INSTUTION PARTNER RECEIVERSHIP MSHIFT USERS MAY LOSE VALUE. NO OTHER WARRANTIES ARE EXPRESS OR IMPLIED.
No Endorsement or Guarantee
YOU UNDERSTAND AND AGREE THAT MSHIFT IS A SOFTWARE PLATFORM THAT MANAGES INFORMATION ASSOCIATED WITH USER FUNDS HELD IN THE FINANCIAL INSTUTION PARTNER HOLDING ACCOUNT, AND MSHIFT AND FINANCIAL INSTUTION PARTNERS DO NOT PROVIDE ANY ENDORSEMENTS OR GUARANTEES FOR ANY INDIVIDUAL, COMPANY, OR OTHER ENTITY USING THE AnyWhereMobile Network, AND DO NOT ASSUME ANY LIABILITY FOR PRODUCTS OR SERVICES PURCHASED USING MSHIFT SOFTWARE. MShift AND FINANCIAL INSTUTION PARTNER ARE NOT JOINTLY LIABLE FOR ANY MATTERS HEREUNDER.
You understand and agree We will not be held responsible for losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond Our control (a "force majeure event"). In the event of a force majeure event, We may suspend service and access to the AnyWhereMobile Network and the Financial Institution Partners may suspend service and access to the Financial Institution Partners Holding Account.
3rd party API use
You agree We will not be responsible and holds no guarantees regarding the reliability, use, or misuses therein of the MShift API program. Please see MShift's separate API Agreement.
Consent to Electronic Transactions and Disclosures
It is necessary for You to consent to transact business with Us online and electronically. As part of doing business with Us, therefore, You also consent to Our giving You certain disclosures electronically, either via the MShift Site or to the email address You provide to MShift. By agreeing to this Agreement, You agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to Your User Account ("Disclosures"). The decision to do business with Us electronically is Yours. This document informs You of Your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to You electronically through MShift.com either on the MShift Site or via electronic mail to the verified email address You provided. If You require paper copies of such Disclosures, You may write to MShift at the mailing address provided below and a paper copy will be sent to You at a cost of up to $5.00.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and Our agreement to do so, applies to any transactions to which such Disclosures relate, whether between You and MShift or between You and the Financial Institution Partners.
Consenting to Do Business Electronically. Before You decide to do business electronically with MShift or the Financial Institution Partners, You should consider whether You have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures electronically, You must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.
Withdrawing Consent. You may withdraw Your consent to receive Disclosures electronically by contacting Us at the address below. However, once You have withdrawn Your consent, You may not continue to use the AnyWhereMobile Network, and may be required to close Your User Account.
How to Contact Us regarding Electronic Disclosures. You can contact Us via email at compliance@MShift.com or by calling (515) 280-1000.
You agree to keep Us informed of any change in Your email or home mailing address so that You can continue to receive all Disclosures in a timely fashion. If Your registered email address changes, You must notify Us of the change by sending an email to compliance@MShift.com or calling (515) 280-1000. You also agree to update Your residence address and telephone number in the AnyWhereMobile Network if they change.
You agree to print a copy of this Agreement for Your records and You agree and acknowledge that You can access, receive and retain all Disclosures electronically sent via email or posted on MShift's website or in the AnyWhereMobile Network.
You agree that the laws of the State of Iowa, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between You and MShift and/or the Financial Institution Partners.
You and We ("The Parties") agree that upon the election of either of You or Us, any past, present, or future dispute relating in any way to Your User Account, or any other past, present, or future relationship or transaction between You and Us, will be resolved by binding arbitration as discussed below, and not through litigation in any court. (Such disputes are called "Claims" for purposes of this agreement.). This binding agreement to arbitrate applies regardless of whether the dispute is between You and Us jointly or separately. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitration shall be conducted by a single neutral arbitrator acting under the administration of United States Arbitration and Mediation, MidWest, Inc., and in accordance with the then-applicable United States Arbitration and Mediation Rules of Arbitration. Unless You and We agree otherwise, or unless the arbitration administrator's rules or law require otherwise, the arbitration shall be held in Minneapolis, MN.
The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all privileges recognized by law. The arbitrator will have the authority to award to a Party any damages or relief provided for under applicable law. The arbitrator's decision shall be final and legally binding, and may be enforced by any court having jurisdiction.
No class actions or similar process, and no joinder or consolidation of any Claim with a Claim of any other person or entity, shall be allowable in arbitration, without the written consent of both You and Us. The arbitrator shall have no authority to entertain any Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a Claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. If You elect to proceed with respect any Claim by an individual action in a small claims court, or its equivalent, instead of arbitration, we will not object,
If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on You, We will reimburse You, upon request, to the extent such fees or costs would exceed those that You would otherwise have to pay if You were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If You consider that You are unable to afford any fees or costs that would be Yours to pay, You may request that We pay or reimburse them, and We will consider Your request in good faith.
Arbitration with respect to a claim is binding and neither You nor we will have the right to litigate that claim through a court. In arbitration You and We will not have the same rights that apply in court, such as the right to a trial by judge or jury and the right to participate or be represented in proceedings brought by others such as class actions or similar proceedings. In addition, the right to discovery and the right to appeal may also be limited or eliminated in arbitration. All of these judicial rights are waived with respect to claims that You or we elect to arbitrate.
USA Patriot Act Notice
Important information about procedures for opening a new account under the USA Patriot Act of 2001:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all Financial Institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for You: When You open an account, We will ask for Your name, address, date of birth, and other information that will allow Us to identify You. We may also ask to see a form of identification with Your photograph or other identifying documents.