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The following Terms and Conditions ("Agreement") apply to our Mobile Banking Services (referred to as "WaMu Mobile").
By accepting this Agreement and using WaMu Mobile, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of WaMu Mobile. Please read this Agreement carefully before accepting. We may amend these terms from time to time without notice, except as may be required by Law. We may modify or cancel WaMu Mobile at any time without notice, at our discretion, except as may be required by Law. Washington Mutual may offer additional mobile services and features in the future and such mobile services and features will be governed by this Agreement.
As used in this Agreement, the following words have the meanings given below:
"Account(s)" means your eligible Washington Mutual checking or savings account that can be accessed through WaMu Mobile.
"Available Balance" means the balance available at any given time, which is the total balance less any amounts that are held (e.g. based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy).
"Balance" as used in our WaMu Mobile means your "Available Balance."
"WaMu Mobile" means the banking service accessible from your wireless device you have registered with us for WaMu Mobile.
"Wireless Device" means a supportable wireless device including a cellular phone or other wireless device that is web-enabled and/or capable of sending and receiving text messages.
"You" and "Your(s)," mean each person who applies to use the service and each person who uses the Service.
"We," "Us," "Washington Mutual," "WaMu" and "Bank" mean the Washington Mutual depository institution (Washington Mutual Bank fsb or Washington Mutual Bank, FA) that holds the Account and/or services to be accessed by WaMu Mobile.
WaMu Mobile is offered as a convenience and supplemental service to your banking with us including our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us.
To enroll in WaMu Mobile, you must have at least one active Account in good standing, and you must be the sole owner or the primary owner if a jointly held Account. You must have a wireless device to use with WaMu Mobile.
To register, you must first sign up for WaMu Mobile from your personal computer and register your wireless device by following instructions on our Enrollment/Registration page at www.wamu.com/mobile. To register a wireless device, you must be the authorized user for the assigned number for the wireless device registered. You agree to provide us with true, accurate, current and complete information during the enrollment/registration process.
Once you enroll and activate WaMu Mobile, you will have access to your WaMu Mobile profile page (“profile page”) at www.wamu.com/mobile. You agree to keep current any information about you and your wireless device on this profile page as long as you are enrolled in WaMu Mobile.
You may cancel WaMu Mobile at any time on your profile page at www.wamu.com/mobile or by calling us at (800) 788-7000. You may also cancel WaMu Mobile by sending a STOP command in a message from your registered wireless device.
The types of account services available may vary depending on the method of WaMu Mobile we offer and method you select. We may also limit the types and number of accounts eligible for WaMu Mobile. WaMu Mobile may not be supportable for all phone or device models or for all carriers at all times. WaMu cannot guarantee the availability of underlying data services provided by your mobile carrier, i.e. we are not responsible for carrier data outages or “out of range” issues. Specific information concerning the methods and account services currently offered are provided to you on the enrollment page at the time you sign up for WaMu Mobile. Methods and services offered through our WaMu Mobile Service require internet access.
Listed below are the WaMu Mobile commands and descriptions initially available for your use with WaMu Mobile. We may change these commands from time to time. The most current list of commands is available at www.wamu.com/mobile.
Balance Command: You may view the Available Balance of your Account as of the time you send your text request. Available Balance through Mobile Banking is the balance that is available for withdrawals (e.g., transfers, paying checks and electronic transactions) and authorizing transactions, reduced by funds on hold in accordance with our Funds Availability Policy and other types of holds, at the time you send the BAL (balance) Command. All outstanding transactions or holds on your Account may not be included as of the time of your text request. Available Balance may not be the same as Collected Balance or Ledger Balance. For balance definitions, see also the Account Disclosures and Regulations Booklet (Account Agreement) applicable to your Account.
Transaction History Command: You may view your transaction history in an increment of approximately three to seven transactions for each Account designated by you; not all pending transactions (e.g. pending debit card transactions, deposits holds, legal holds) are displayed. We may change the length of time that transaction history is available without prior notice. Transaction history on Mobile Banking does not replace the periodic statements for your Account.
ATM/Branch Locator Commands: Find the nearest ATMs and stores – in two location increments within a fifty mile radius.
HELP Command: Request basic customer support for WaMu Mobile.
STOP Command: You may cancel WaMu Mobile at any time by sending a text request with the STOP command from your registered wireless device. If you have registered more than one wireless device for WaMu Mobile, using the STOP command will cancel WaMu Mobile only on the device from which you send the STOP command.
We do not charge a fee for our current WaMu Mobile. However, you are responsible for web access and/or data or text message charges that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable.
In addition to the terms and conditions in other sections of this Agreement: You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable, and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through WaMu Mobile. You agree to keep informed of any changes to WaMu Mobile by regularly visiting your profile page and our web site at www.wamu.com/mobile. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using WaMu Mobile. You agree not to leave your wireless device unattended while logged into WaMu Mobile and to log off immediately at the completion of each access by you. You agree not to provide your code, password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
You agree to notify us immediately in the event your registered wireless device is lost, misplaced, otherwise not in your possession, or stolen.
You agree to notify us immediately if you believe your User ID, Password or Personal Identification Number (PIN), as applicable, has become known or an unauthorized transaction has occurred involving your Account.
You agree to notify us immediately if you change or cancel the number of your registered wireless device. If you believe that someone may have unauthorized access to your WaMu Mobile, you agree to cancel your WaMu Mobile associated with the wireless device immediately.
You agree to comply with all applicable laws, rules and regulations in connection with WaMu Mobile. We make no representation that any content or use of the WaMu Mobile is available for use in locations outside of the United States. Accessing WaMu Mobile from locations outside of the United States is at your own risk and you are responsible for compliance with local laws.
For notices required to be given to us by this agreement, go to www.wamu.com and select Contact Us. Choose Send Us a Message and complete the applicable steps to send information to us. You may also call us at (800) 788-7000 or send written correspondence to Washington Mutual P.O. Box 1165, Northridge, CA 91328-1165. You may update your WaMu Mobile profile and make changes to your WaMu Mobile service at www.wamu.com/mobile. We will notify you of any changes, fees, or other information about WaMu Mobile, if required by law, at www.wamu.com/mobile. Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address set forth in the enrollment form.
Our WaMu Mobile services are provided to you on an “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO WAMU MOBILE OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEMENTS, OR WEBSITES IN CONNECTION WITH THAT SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF WAMU MOBILE (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH WAMU MOBILE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE WAMU MOBILE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
IN NO EVENT WILL WASHINGTON MUTUAL, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR WAMU MOBILE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WAMU MOBILE. THE AGGREGATE LIABILITY OF WASHINGTON MUTUAL AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.
WaMu Mobile is not covered by WaMu’s Online Banking Guarantee, including WaMu Mobile for customers who are also enrolled in our online banking service.
You agree to indemnify, defend, and hold Washington Mutual and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of WaMu Mobile.
This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your WaMu Mobile services and Accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to WaMu Mobile.
This Agreement will be construed and interpreted in accordance with federal law applicable to WaMu Mobile and to the extent not superseded by federal law, the laws of the state applicable to your Account.
We will disclose information to third parties about your Account or the transactions you make: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with reporting or other legal requirements (including, for example, legal process); (iv) if you give us your permission; (v) to offer you additional products and services from us and others that we think might be of interest to you; (vi) to otherwise conduct our business; and (vii) as otherwise permitted by Law. Notwithstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See the Washington Mutual Privacy Policy for additional information.
The WaMu name and logo are the registered trademarks of Washington Mutual, Inc. or its subsidiaries.
