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Authentify® Service Addendum to the Wells Fargo Online Access Agreement

Effective October 1, 2021

The Authentify® Service Addendum ("Terms and Conditions") to the Wells Fargo Online Access Agreement and the Wells Fargo Online Access Agreement ("OAA") together contain the terms and conditions governing your use of the Authentify® service. These Terms and Conditions apply when you choose to use the Authentify® service with participating companies ("Participating Company(ies)") for the purpose of facilitating the Participating Company’s authentication of your identity in connection with a transaction that you enter into with that Participating Company. The Authentify® service is operated by a third party, Early Warning Services, LLC ("Early Warning").

If we make changes to these Terms and Conditions, we will update the Terms and Conditions on our website. We will notify you of changes following the procedures specified in the OAA. In the event of any inconsistency between these Terms and Conditions and the OAA, these Terms and Conditions will control.

Please read these Terms and Conditions carefully. By agreeing to these Terms and Conditions, or using or accessing the Authentify® service, you agree to the provisions of this entire Authentify® Service Addendum and the OAA.

These Terms and Conditions and the OAA include, among other things:

  • our obligations to you;
  • your obligations as a user of the Authentify® service;
  • your agreement with us to use binding arbitration for most disputes arising under these Terms and Conditions or concerning the Authentify® service, and to waive the right to a trial by jury;
  • your waiver of class-action rights;
  • your agreement to share certain personal information about you with your chosen Participating Company and Early Warning, as further described below;
  • the ways in which we may send you notices and disclosures;
  • limitations on our liability to you; and
  • your mutual agreement with us that these Terms and Conditions will be governed by the laws of the State of South Dakota, without regard to conflict of law principles.

Your agreement to these provisions is essential to our agreement to provide the Authentify® service.

Definitions

Except as otherwise provided in these Terms and Conditions, terms defined in the OAA have the same meaning in these Terms and Conditions. In addition, in these Terms and Conditions:

  • "Authentify®" means the Authentify® service operated by Early Warning Services, LLC, which facilitates the Participating Company’s authentication of your identity through the sharing of your personal information.
  • "Participating Company" means a third-party entity with whom you are doing business and with whom you authorize us to share certain personal information about you using the Authentify® service.
  • "Personal Information" means your personal data that we have in our records that was provided by you to us (including, but not limited to, your name, address, phone number, email address, and birthday), which you must confirm the accuracy of prior to us sharing through the Authentify® service.  It also includes information produced, obtained from, and/or related to the sharing of your personal data using the Authentify® service, including but not limited to information about the transaction itself and the results of any data comparison by the Authentify® service. This also includes the information detailed in Section 3.
  • "You" or "Your" means each owner or authorized user of an eligible account subject to the conditions in Section 2.
  • "We," "Us," "Our," and "Wells Fargo" means Wells Fargo Bank, N.A. and any of its affiliates or direct or indirect subsidiaries, involved in the provision of the Authentify® service.

1. Overview of the Authentify® Service

1.A. The Authentify Service

1.B. Acceptance Of Terms And Conditions

1.A.  The Authentify® Service 

Each time you choose to use the Authentify® service to facilitate a business transaction with a Participating Company and select Wells Fargo, the Authentify® service will direct you to our mobile banking app or online banking login page where you will enter your online banking login credentials to securely access our online or mobile banking platform. Neither the Participating Company nor Early Warning will ever ask for or require your online or mobile banking credentials.

After you log in and we authenticate you on our site, we will display the personal information that we have on file for you based on the information you have previously provided to us, that you are requesting be shared with your selected Participating Company through the Authentify® service. You are responsible for reviewing your displayed personal information to ensure the accuracy of that information and that it is the information you want to share. We will not perform any verification of your information when presenting it to you. You agree to independently validate the presented information to confirm that the data is accurate, current and complete prior to granting your consent for us to share that information with Early Warning, and through Early Warning, to your chosen Participating Company.

You must expressly consent each and every time you use the Authentify® service for us to share your personal information, which includes any related information that is produced from, obtained from, and or related to, the sharing of your personal data using the Authentify® service, with Early Warning and your chosen Participating Company. Once you provide your consent, your personal information will be passed through the Authentify® service to the Participating Company.

Once your personal information has been sent to the Participating Company through the Authentify® service, the subsequent access, use and handling of such information is subject to your agreement with the Participating Company.

1.B. Acceptance Of Terms And Conditions

Your use of the Authentify® service will be subject to these Terms and Conditions and the OAA, and also to the following, which are considered part of these Terms and Conditions:

  • the terms or instructions appearing on our screens when consenting to, accessing, or using the Authentify® service;
  • our rules, procedures, and policies applicable to the Authentify® service, as amended from time to time; and
  • applicable state and federal laws and regulations.

Subject to all the provisions of these Terms and Conditions and the OAA, you may use the Authentify® service to facilitate the Participating Company’s authentication of your identity in connection with a transaction you enter into with the Participating Company.

The Authentify® service is an Online Financial Service under the OAA. You agree that you will only use the Authentify® service for lawful purposes, and not for purposes or activities that may lead to liability, reputational harm, or brand damage to Wells Fargo or Authentify®.

We reserve the right to determine prohibited uses of the Authentify® service at our sole discretion, and at any time.

We reserve the right to suspend or terminate your use of the Authentify® service if we believe, in our sole discretion, that you violated the provisions for use of the Authentify® service.

2. Eligibility To Use The Authentify® Service

You must be enrolled in online or mobile banking at Wells Fargo to be eligible to use the Authentify® service.  You must have a username, a password, and the required hardware and software as described in Online Banking Help. You must also comply with any other security procedures and policies we may establish from time to time as provided in the OAA.

You must provide all telephone and other equipment, software (other than any software provided by us), and services necessary to access the Authentify® service.

Not all types of accounts are eligible for the Authentify® service. Currently, only certain information associated with your eligible Wells Fargo personal deposit, credit card, or loan accounts based in the United States, may be eligible for use to facilitate the verification of your identity through the Authentify® service. Information associated with business accounts, investment accounts and prepaid card accounts will not be used in the Authentify® service.

You represent that you are the legal owner or an authorized user of the financial account you are using in connection with the Authentify® service. You further represent that you are over the age of eighteen (18).

You agree that there may be other eligibility requirements that apply to participate in the Authentify® service, and that we have the right and sole discretion, to restrict or otherwise prohibit your use of the Authentify® service.

We may, from time to time, introduce new features to the Authentify® service. When this happens we will update our website to include them.

We reserve the right to decline your use of the Authentify® service at any point (even after you have consented to sharing of your personal information) if we believe it may present a risk to you and/or us.

3. Consent To Share Your Personal Information

You must expressly consent each and every time you use the Authentify® service for us to share your personal information with Early Warning and a Participating Company. By consenting to share your personal information, you are (a) confirming that the information presented to you is correct, and (b) authorizing us to (i) share the information with Early Warning, (ii) for Early Warning to use that information as described herein, and (iii) for Early Warning to share that information with your selected Participating Company.

Once you provide your consent to share your personal information with the Participating Company, the information sharing will occur and is irreversible. You understand that neither we nor Early Warning can make the Participating Company return or destroy your information.

Once your personal information is shared with the Participating Company, the privacy policy and other terms and conditions of the Participating Company, not those of Wells Fargo or Early Warning, will control the transfer, processing, use, disclosure and retention of your personal information.

Early Warning will not view or retain the personal information you have given us permission to share with the Participating Company.

However, Early Warning will capture information about the transaction itself, such as a unique transaction identifier, so there is a record of the transaction. Early Warning will also capture certain information from your mobile device or internet browser used to access the Authentify® service, including but not limited to Internet Protocol (IP) address. Early Warning may use such information to: operate and maintain the Authentify® service; prevent, detect and protect against security incidents, fraud and prohibited or illegal activities related to the Authentify® service; conduct internal research to improve the Authentify® service; prepare anonymized reports about the use of the Authentify® service; or for legal or compliance purposes. Early Warning will not use this information to identify you.

4. Right To Discontinue Using The Authentify® Service; Terminating Access

You must consent to each and every transfer of your personal information through the Authentify® service. Accordingly, you have the right to not use the Authentify® service at any time.

You agree that unless otherwise required by applicable law or regulation, we can terminate your access to the Authentify® service, in whole or in part, at any time. For example, in the event (i) you violate any provision of these Terms and Conditions or the OAA, (ii) there are suspected or confirmed unauthorized or fraudulent transactions related to your account(s) or use of the Authentify® service, or (iii) we incur problems with your use of the Authentify® service, you agree that we may suspend or terminate your access to the Authentify® service at  any time.

We may, in our sole discretion, at any time and without prior notice to you or other Authentify® service participants, suspend or terminate:

  • your ability to share your personal information as part of the Authentify® service, and
  • the Authentify® service.

In the event your access to the Authentify® service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that these Terms and Conditions, or any revised or amended version of these Terms and Conditions in effect at the time of reactivation or reinstatement, will continue to apply to your Authentify® service transactions and use of the Authentify® service.

5. Fees for the Authentify® Service

We do not charge a fee for using the Authentify® service. However, your mobile carrier's message and data rates may apply.

6. No Liability Related To Acts Of Participating Companies

Because you have consented to sharing your personal information with a Participating Company for your requested transaction, by using the Authentify® service, you agree that neither Wells Fargo nor Early Warning shall have any liability to you arising out of the transfer of your personal information to the Participating Company or any use, copying, loss, disclosure, sale, display or transfer of your personal information by the Participating Company. Once we send your personal information to Early Warning, the privacy policy and other terms and conditions of the Participating Company will control the transfer, processing, use, disclosure and retention of your personal information, and not those of Wells Fargo or Early Warning.

THE SERVICE IS INTENDED FOR SENDING PERSONAL INFORMATION AT YOUR REQUEST TO PARTICIPATING COMPANIES THAT YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND YOUR PERSONAL INFORMATION TO COMPANIES OR PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER WELLS FARGO NOR EARLY WARNING ASSUME ANY RESPONSIBILITY NOR INCUR ANY LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS OR DETERMINATIONS OF ANY PARTICIPATING COMPANY, INCLUDING BUT NOT LIMITED TO, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO WITH, THE PARTICIPATING COMPANY THROUGH OR FROM THE SERVICE.

7. Privacy

We make security and the protection of your information a top priority. Except as otherwise provided in these Terms and Conditions, all information gathered from you in connection with using the Authentify® service will be governed by the Wells Fargo U.S. Consumer Privacy Notice and Digital Privacy and Cookies Policy.

We will maintain audit logs that track your access, view, and use of electronic data in connection with your use of the Authentify® service.

8. Disclaimer Of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, YOU AGREE THAT NEITHER WE NOR EARLY WARNING MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE AUTHENTIFY® SERVICE. WE AND EARLY WARNING EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE AUTHENTIFY® SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR EARLY WARNING WARRANTS THAT THE AUTHENTIFY® SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE AUTHENTIFY® SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

9. Limitation Of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL WELLS FARGO OR EARLY WARNING, NOR ANY OF OUR RESPECTIVE OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE AUTHENTIFY® SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE AUTHENTIFY® SERVICE DESCRIBED OR PROVIDED (INCLUDING, BUT NOT LIMITED TO, THE TRANSFER OF INACCURATE INFORMATION); (III) UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR TRANSMISSIONS OF PERSONAL INFORMATION; OR (IV) ANY OTHER MATTER RELATING TO THE AUTHENTIFY® SERVICE DESCRIBED OR PROVIDED, EVEN IF WE OR EARLY WARNING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE AUTHENTIFY® SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUTHENTIFY® SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF WELLS FARGO OR EARLY WARNING IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

10. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Authentify® service, and you agree to indemnify and hold harmless Wells Fargo and Early Warning, and our respective owners, affiliates, directors, officers, employees and agents from any and all third party claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or resulting from or arising out of your use, misuse, errors, or inability to use the Authentify® service, or any violation by you of these Terms and Conditions.

11. Governing Law

This Agreement will be read and interpreted according to the laws of the State of South Dakota, without regard to conflict-of-law rules.

12. Dispute Resolution; Arbitration; Class Action Waiver

12.A. Description

12.B. Non-judicial Dispute Resolution

12.C. Definition of Disputes

12.D. Binding Arbitration and Waiver of Class Action Rights

12.E. Rights Preserved

12.F. Miscellaneous

12.G. Fees and Expenses

12.H. Small Claims Court

12.A. Description

This provision constitutes the arbitration agreement between you and us ("Arbitration Provision"), and includes a mutual waiver of class action rights. It governs disputes about the following, which are known as "Covered Disputes":

  • interpretation of these Terms and Conditions (which includes this Arbitration Provision and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this Arbitration Provision); and
  • the Authentify® service (including your personal information as part of the Authentify® service).

12.B. Non-judicial Dispute Resolution

You and we agree that any Covered Disputes between or among you and us, regardless of when it arose, will, upon demand by either you or us, be resolved by the arbitration process described in Section 12.D below. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court.

As an exception to this Arbitration Provision, we both retain the right to pursue disputes in small claims court in the state where you reside if the dispute lies within that court's jurisdiction.

12.C. Definition of Disputes

A dispute is any unresolved disagreement between or among you and us. Disputes include:

  • claims based on broken promises or contracts;
  • torts (injuries caused by negligent or intentional conduct) or other wrongful actions;
  • statutory, common law, and equitable claims;
  • any disagreement about the meaning of this Arbitration Provision; and
  • whether a disagreement is a “dispute” subject to binding arbitration as provided for in this Arbitration Provision.

12.D. Binding Arbitration and Waiver of Class Action Rights

Binding arbitration lets an independent third party resolve a Covered Dispute without using the court system, judges or juries. Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has begun. If either you or we don’t submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorney's fees and expenses) incurred by the other in compelling arbitration.

Neither you nor we will be entitled to:

  • join, consolidate or combine Covered Disputes by or against others in any arbitration; or 
  • include in any arbitration any Covered Dispute as a representative or member of a class; or
  • act in any arbitration in the interest of the general public or in a private attorney general capacity.

Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association ("AAA") or such other administrator as you and we may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to here as the "Arbitration Administrator"), according to the Commercial Arbitration Rules and the Consumer Arbitration Rules ("AAA Rules").

To the extent that there is any variance between the AAA Rules and this Arbitration Provision, this Arbitration Provision will control. Arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Covered Dispute.

You and we each agree that in this relationship:

  • you and we are participating in transactions involving interstate commerce;
  • the Arbitrator will decide any dispute regarding the enforceability of this Arbitration Provision; and
  • each arbitration is governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code) and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws governing the relationship between you and us about which the Covered Dispute arose.

To find out how to initiate arbitration, please call any office of the AAA or visit the AAA Website at www.adr.org. If any of the provisions of this Arbitration Provision dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.

12.E. Rights Preserved

This Arbitration Provision and the exercise of any of the rights you and we have under this Arbitration Provision do not stop either of us from exercising any lawful rights to use other remedies available to:

  • preserve, foreclose, or obtain possession of real or personal property. Exercise self-help remedies, including setoff and repossession rights;
  • obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or court appointment of a receiver by a court having jurisdiction; and
  • enforce your rights under section 502 of the Employee Retirement Income Security Act of 1974.

12.F. Miscellaneous

You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment.

All parties (the AAA, the arbitrators, you and we) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the AAA. This provision will be liberally construed to ensure the enforcement of this Arbitration Provision.

Arbitration proceedings are conducted in the state where you reside or at a location determined by the AAA. All statutes of limitations that apply to any Covered Dispute apply to any arbitration between you and us.

The provisions of this Arbitration Provision will survive termination, amendment, or expiration of your account relationship, the governing agreement or any other relationship between you and us.

This Arbitration Provision constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. If more than one arbitration agreement mutually entered into by you and us potentially applies to a Covered Dispute, the one most directly related to the eligible account or transaction that is the subject of the dispute will control.

12.G. Fees and Expenses

Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees that apply to any arbitration you may file. If the law that applies to these Terms and Conditions limits the amount of fees and expenses you have to pay, then no allocation of fees and expenses to you shall exceed this limitation. We will pay any costs that are required to be paid by us under the arbitration administrator’s rules and procedures, and subject to applicable law. If the arbitrator rules in your favor on any claim presented, we will reimburse you for arbitration filing fees you have paid up to $700.00.  Unless applicable law states otherwise, each party will pay their own attorney, expert, and witness fees. This rule applies no matter which party wins arbitration.

12.H. Small Claims Court

Notwithstanding anything in the Agreement to the contrary, each party retains the right to pursue in Small Claims Court any dispute in which the remedy sought is entirely within that court's jurisdiction.

13. Contact Us

If you have any questions, complaints, or feedback, please contact us at Wells Fargo Online® Customer Service at 1-800-956-4442. We accept all relay calls, including 711.