Please review the following provisions carefully as use by You of the Video Calling Platform (the “Platform”) of Arvest Bank (hereafter “we,” “our,” “us,” “Arvest,” or “Bank”), through PoP i/o Mobile Video Cloud, LLC (“Provider”), constitutes Your acceptance of these Terms and Conditions of Use (“Terms of Use”). The words “You” and “Your” mean a customer who is a natural person, business entity, authorized business user, or business employee who uses the Platform. The Platform is designed to enable live video communication regarding certain financial products and services, including, among other things, investment services and products and notarial services between You and an advisor/brokerage representative of Arvest Investments, Inc. d/b/a Arvest Wealth Management (“Arvest Wealth”), an SEC-registered investment advisor and broker-dealer and subsidiary of the Bank.” These Terms of Use are an addendum to Arvest’s website and account agreements and disclosures, which are incorporated herein by reference, and which shall control to the extent of conflict with these Terms of Use.
As a user of the platform, you agree to the following:
The Platform is intended to provide customers and potential customers of Arvest, Arvest Wealth or any of Arvest’s other subsidiaries with an ability to obtain general information regarding Arvest, Arvest Wealth or any of Arvest’s other subsidiaries. The Platform may be used to access certain services and products of Arvest, Arvest Wealth or of Arvest’s other subsidiaries. None of Arvest, Arvest Wealth or any of Arvest’s other subsidiaries make any representations or warranties as to (i) what if any products or services of Arvest, Arvest Wealth or any of Arvest’s other subsidiaries will be available through the Platform, and (ii) if any products or services are made available through the Platform, whether or not such products or services will remain available. With respect to any such services or products that are made available through the platform, the specific agreements applicable to such services or products shall apply and shall control to the extent of conflict with these Terms of Use. You acknowledge and agree that no account-specific information is required to access the Platform. If You desire to use the Platform to access any product or service of Arvest, Arvest Wealth or any of Arvest’s other subsidiaries, You acknowledge and agree that the representative on the Platform may require certain information to verify Your account, identify or other characteristic necessary to access such product or service, and that if You are not able to adequately comply with any such verification process, as determined by Arvest, Arvest Wealth or any of Arvest’s subsidiaries, as applicable, You will not be permitted to access such product or service through the Platform. In no event shall Arvest, Arvest Wealth or any of Arvest’s subsidiaries be liable for any inability to use the Platform to access any product or service.
By accessing the Platform, You represent that You have reached the age of majority where You live, and You have the legal ability to agree to these Terms of Use.
In using the Platform, You will be in a secure location where Your privacy can be maintained. You will only employ a secure internet connection and will utilize an email address that cannot be accessed by others. [Arvest may record video calls, which are conducted over an encrypted connection, including both video and audio components, and including metadata such as call duration and other metrics, all of which Arvest may use or share with its third-party providers for training, quality and research purposes.] [Recording shall be stored and retained [in a secured form] in accordance with applicable privacy laws and Arvest’s privacy protection and retention policies.] You are responsible for safeguarding Your account or other private or sensitive information. To the maximum extent permitted by law, the Bank assumes no responsibility or liability for any unauthorized disclosure of Your financial or personal information.
Please see our Privacy Policy for how we treat your information.
As a condition to using the Platform: (i) You will use the Platform in compliance with all applicable laws, (ii) You will act and engage in a manner that is professional and courteous while on video with representatives from the Arvest, Arvest Wealth or Arvest’s other subsidiaries, (iii) You will not use language or gestures that are intended to harm, threaten or demean or may otherwise be deemed inappropriate or abusive, (iv) When using the Platform, You will be dressed in a way that would be consistent with being present at a physical branch of the Bank, and (v) You will not interfere with the proper operation of or disrupt the Platform. You understand that engaging in any of the foregoing conduct can result in termination of Your current video session, Your ban from the Platform, and other restrictions on use of the Bank’s services. You will not use the Platform while driving or while operating heavy machinery, and understand that none of Arvest, Arvest Wealth or any of Arvest’s other subsidiaries is responsible for risks, injury or harm associated with doing so.
You agree to provide current, complete and accurate information about Yourself. If any information You provide is untrue, inaccurate, not current or incomplete, we may deny, suspend, or terminate Your use or ability to access the Platform.
Unless otherwise stated, copyrights or similar proprietary rights are reserved for all information displayed or transmitted by representatives of Arvest, Arvest Wealth or Arvest’s other subsidiaries on the Platform. You may not distribute, copy for distribution or sell any content You obtain on the Platform without prior written permission from Arvest and, as applicable, the publisher of such content. You may not display or transmit material on the Platform that is subject to, or infringes upon, the intellectual property rights or other proprietary rights of third parties.
In connection with the opening of any accounts with the Arvest Wealth or access to notary services on the Platform, You will be required to furnish a driver’s license, passport and/or other evidence to substantiate Your identity.
In the event You obtain links to third-party websites or other third party resources through or in connection with the Platform, You acknowledge and agree that we do not control the availability or content of such third party websites. We are not responsible for examining or evaluating any third-party website, and we do make any representations regarding the quality or accuracy of the content on any such third-party website. We cannot be held responsible or liable for the content on, or the actions of, any third-party website.
The Platform is furnished “as is” and “with all faults”; there is no guarantee or assurance that it will be uninterrupted, error-free, or that defects will be corrected, and no warranty is expressed or implied. It is used at Your own risk and discretion. There are no warranties with respect to availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Platform.
Although we will take reasonable precautions to protect the Platform to avoid corruption or unauthorized modification or access to the Platform, we make no representation or warranty that such efforts will be successful, and to the extent permitted by law, we specifically disclaim all liability whatsoever with respect to any failure to protect the platform or to avoid corruption or unauthorized modification or access to the Platform. We make no representation or warranty that the Platform or any material accessed through the Platform is free from computer viruses.
The Platform may be enhanced and there may be changes to functionality without advance notice to You. Routine maintenance of the Platform may, from time to time, be required and may necessitate temporary suspension of this service. Except for a suspension for urgent maintenance, to the extent reasonably possible, Arvest will publish in advance the time and date of any suspension. In no event, however, will Arvest be liable for damages from any such suspension.
If You do not meet the requirements in these Terms of Use, none of Arvest, Arvest Wealth or Arvest’s other subsidiaries will not be liable for any resulting losses, claims or damages of any kind You may sustain from use of the Platform to the extent permitted by law. You will indemnify Arvest for any damages or costs incurred, including reasonable attorneys’ fees, for failure to comply with these Terms of Use.
TO THE EXTENT PERMITTED BY APPLICABLE LAW ARVEST, ARVEST WEALTH, ANY OTHER SUBSDIARIES OF ARVEST, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS, OR DAMAGE ARISING FROM OR RELATED TO ANY USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST ARVEST, ARVEST WEALTH, ANY OTHER SUBSDIARIES OF ARVEST, OR ANY OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS IN CONNECTION WITH YOUR USE OF THE PLATFORM OR FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.
You agree to comply with all requirements of the Provider regarding the Platform, as the same may be modified from time to time. You acknowledge and agree that You use of the Platform shall also be subject to the terms of use set forth by the Provider.
Currently, we do not charge any fees for use of the Platform; however, we reserve the right to charge a fee at any time. If the Platform is used to access or utilize products or services of Arvest, Arvest Wealth or Arvest’s other subsidiaries, other fees may apply to the accounts as described in the agreements or fee schedules applicable to those products or services. You acknowledge and agree that You are solely responsible for acquiring and maintaining all telecommunications and internet services and other hardware and software required to access and use the Platform, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.
We may change, limit or otherwise modify these Terms of Use at any time by informing You of any such changes. Any change shall be effective upon receipt, unless otherwise stated, or as required by law. You will be deemed to agree if You affirmatively accept the change, or if You continue to access or use the Platform after the effective date of the change. Additionally, we may modify, discontinue, or terminate the Platform or any aspect of the Platform, or impose limits on, or restrict access to the Platform or any aspect of the Platform at any time, with or without cause at any time and without prior notice.
You acknowledge and agree that Provider, Arvest, Arvest Wealth, other Arvest subsidiaries or their respective licensors own all legal right, title and interest in and to the Platform and services or products provided therein, including, without limitation, any trademark, copyright, patent, trade secret or any other intellectual property right which subsist in the Platform, whether those rights are registered or not, and wherever in the world those rights may exist (“IP”). You agree not to (i) take any action that would jeopardize, limit or interfere with our or our licensors’ rights in or to the IP, (ii) copy, translate, publish or create derivative works of the IP or any component thereof, or (iii) resell, distribute, trade or make any other commercial use of, modify, reverse engineer, decompile or disassemble the IP or any component thereof.
These Terms of Use and all matters arising out of or relating to these Terms of Use shall be governed by the laws of the State of Arkansas, without regard to its conflict of law provisions. Except as may be required by applicable law, You hereby irrevocably and unconditionally agree (i) to submit to the jurisdiction of the state courts of Arkansas and to the jurisdiction of the United States District Court for the [Western District of Arkansas] for the purpose of any suit, action or other proceeding arising out of or based upon these Terms of Use, (ii) not to commence any suit, action or other proceeding arising out of or based upon these Terms of Use Agreement except in the state courts of Arkansas or the United States District Court for the [Western District of Arkansas], and (iii) to hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts.
No waiver by Arvest, Arvest Wealth or any other Arvest subsidiary of any default or breach of these Terms of Use shall be valid unless set forth in writing. Waiver by any such person of any default or breach of these Terms of Use shall not constitute a waiver of any other or subsequent default or breach.
If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
None of Arvest, Arvest Wealth, or any other Arvest subsidiary shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations effected by the Force Majeure Event for so long as the event continues.
Nothing in these Terms shall be construed to create a customer, partnership, joint venture, agency, or attorney-client relationship between the You and Arvest, Arvest Wealth, or any other Arvest subsidiary. You may not bind us or incur obligations on our behalf without our prior written consent.
If You submit suggestions, ideas, comments, or questions containing product feedback about or posted through the Platform (“Feedback”), You grant each of Arvest, Arvest Wealth, and each other Arvest subsidiary a worldwide, nonexclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display any such Feedback in any form. You shall have no intellectual property right in the Platform or any other product or service as a result of any such person’s incorporation of Feedback into the Platform or any other product or service.
These Terms of Use are for the sole benefit of You on one hand and Arvest, Arvest Wealth, any other Arvest subsidiary and Provider on the other hand and are not intended to benefit any third party.
Investments and Insurance Products Are Not Deposits, Are Not Guaranteed by the Bank or its Affiliates, Are Not FDIC Insured or Insured by Any Other Federal Government Agency, and May Go Down in Value