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Mobile eDeposit Terms and Agreement

PREMIER FCU MOBILE REMOTE DEPOSIT AGREEMENT AND DISCLOSURE 10/2014


I.   Introduction.

Premier FCU (“We”, “Us” and “Credit Union”) will provide its consumer members (“You”, “yours”) with the highest quality Mobile Remote Deposit (the “Service”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this agreement and disclosure.


We may offer additional Mobile Remote Deposit services and features in the future. Any such add-on will be governed by this Agreement and by any terms and conditions provided to you, electronically or otherwise, at the time the new feature is added. We may amend these terms and modify or cancel the Mobile Remote Deposit services we offer without notice, except where required by law.


II.   Definitions.

“Accounts” refers to your eligible Premier FCU checking, savings, or loan accounts.


“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services.  Please consult your wireless plan or provider for details.


“Service” means the Mobile Remote Deposit product.


“Business Day” means Monday through Friday, except for Federally Observed Holidays.


III.   The Service.

a.   Description. Mobile Remote Deposit is offered as a convenience and supplemental service to Premier Online Banking. Premier Online Banking allows you to access your account information, make payments to us and other payees, and transfer funds.  Mobile remote Deposit allows you to make mobile remote deposits. To utilize Mobile Remote Deposit, you must be enrolled in our Premier Online Banking and then request mobile deposit approval by downloading the Premier FCU mobile app from the appropriate app store for your device. Standard data usage cost may apply.


We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Remote Deposit. We also reserve the right to modify the scope of the Service at any time.


Mobile Remote Deposit may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Premier FCU cannot guarantee and is not liable for the availability of data services provided by your wireless carrier, such as data outages or “out of range” issues.


b.   Use of Service. You agree to accept responsibility to learn how to use Mobile Remote Deposit. You further agree to contact us directly if you have any problems with Mobile Remote Deposit. We may modify the Service at our sole discretion. In the event of any modifications, you are responsible for learning to use the updated Service. In addition, you are solely responsible for the proper use of your Device. We will not be liable for any losses caused by your failure to properly use the Service or your Device.


c.   Other Agreements. You agree that, when you use Mobile Remote Deposit, you remain subject to the terms and conditions of your existing agreements with Us except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restriction which might impact your use of Mobile Remote Deposit (such as data usage or text messaging charges), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.


Any account accessed through this Service is also subject to the Account Agreements and Disclosure provided at the time of Account Opening as well as the End User Licensing Agreement provided in the product. You should review your disclosures carefully as they may include transaction limitations or fees which might apply to your use of Mobile Remote Deposit.


IV.   Mobile Remote Deposit Capture.

This Mobile Remote Deposit User Agreement ("Agreement") contains the terms and conditions for the use of Mobile Remote Deposit that Premier FCU Credit Union ("Credit Union", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with the Credit Union, including your Membership, as amended from time to time, are incorporated by reference and made a part of this Agreement.


a.   Services. The Mobile Remote Deposit capture services ("Services") are designed to allow you to make deposits to your checking or savings accounts from remote locations (i.e.: home) by scanning checks and delivering the images and associated deposit information to the Credit Union or the Credit Union’s designated processor.


b.   Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via mail, e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.


c.   Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.


d.   Service Maintenance. You agree and understand that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of Internet. In the event that Services are unavailable, you acknowledge that you can deposit an original check at a Premier FCU Branch or Premier FCU ATM or by mailing the original check to Premier FCU at its current address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit.


e.   Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Credit Union from time to time. The Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.


f.   Security of Access Code. You login information (user identifications, passwords, pins, etc.) is for your security purposes. Your login information is confidential and should not be disclosed to any third parties or recorded in written or electronic form. You are responsible for the safekeeping  of your login information. You agree not to disclose your login information to anyone not authorized to sign into your accounts. If you authorize anyone to use your login information, that authorization shall continue until specifically revoked by you and notification to the Credit Union. If you fail to maintain safekeeping of your login information and the Credit Union suffers a loss as a result, we may terminate your access to the service immediately. If you believe that someone has attempted to access the service or your account through your device without your consent, you must notify us immediately.


g.   Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Re serve Regulation CC ("Reg. CC"). When the image of the check transmitted to the Credit Union is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.


You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items, deposits of this nature may result in the immediate termination of the Service:

• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or  otherwise not authorized by the owner of the account on which the check is drawn
• Checks payable jointly, unless deposited into an account in the name of all payees
• Checks previously converted to a substitute check, as defined in Reg. CC
• Checks drawn on a financial institution located outside the United States
• Checks that are remotely created checks, as defined in Reg. CC
• Checks not payable in United States currency
• Checks dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by the Credit Union’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Credit Union account
• Checks payable on sight or payable through Drafts, as defined in Reg. CC
• Checks  with  any  endorsement  on  the  back  other  than  that specified in this agreement
• Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution
• Checks or items that are drawn or otherwise issued by the U.S. Treasury Department
• Checks   that   are   prohibited   by   the   Credit   Union's   current Membership Agreement with you
• Checks that are in violation of any federal or state law, rule, or regulation


h.   Endorsements and Procedures. You agree to legibly endorse any item transmitted through the Services as with your signature and the terms “Premier FCU mobile deposit only”. You agree to follow any and all other procedures and instructions for use of the Services as the Credit Union may establish from time to time. 


i.   Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Credit Union is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.


j.   Rejection of Deposit. You will receive an email notification if your deposit is not accepted. Premier FCU shall not be liable for any late charges or overdraft fees charged to your account due to our rejection of any item.


k.   Email Address. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notifications of rejection of remote deposit items.


l.   Return Item Fee. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.


m.    Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 3:30 p.m. Eastern Standard Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in two business days from the day of deposit. The Credit Union may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the Credit Union, in its sole discretion, deems relevant.


n.   Cashier’s Checks, Teller Checks, Official Checks Holds. If you seek to return any cashier’s check or like item after it is issued to you or another, then you agree we may treat such item as lost, stolen, or destroyed under the Uniform Commercial Code and reimbursement may not be made for 91 days from the date issued.


o.   Extended Hold. The Credit Union may also extend deposit holds beyond two business days based on relevant factors. Relevant factors may include but are not limited to:

• Length of membership
• Amount of item
• Validity of item presented
• Notification that item(s) presented may be returned unpaid
• Repeated overdraft or NSF items
• Excessive use that could indicate Bank Secrecy Act violations


p.   Disposal of Transmitted Items. You agree not to deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (original item, paper or electronic representation of original item) such that the person will be asked to make payment. Upon your receipt of a confirmation from the Credit Union that we have received an image that you have transmitted, You agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, You agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to the Credit Union upon request.


q.   Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $5,000.00 per business day with a maximum dollar limit per item of $2,000.00 and a maximum 30-day rolling limit of $10,000. The current daily limit on the number of items which can be presented is 5. Exceptions to deposit limits can be made at Management discretion. We reserve the right to change these limits at any time without prior notice to you.


r.   Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in the Credit Union’s sole discretion subject to the Member Services Agreement governing your account.


s.   Errors. You agree to notify the Credit Union of any suspected errors regarding items deposited through the Services right away, and in no event later than 30 days after the applicable Credit Union account statement is sent. Unless you notify the Credit Union within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Credit Union for such alleged error.


t.   Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.


u.   Image Quality. The image of an item transmitted to the Credit Union using the Services must be legible, as determined in the sole discretion of the Credit Union. The image of the front and back of an item must provide the following information: identification of the drawer and paying institution, including complete and accurate MICR information and signatures (including endorsement signatures).Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Credit Union, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.


v.   User Warranties and Indemnification. You warrant to the Credit Union that:

• You will only transmit eligible items.
• You will not transmit duplicate items.
• You will not re-deposit or re-present the original item.
• All information you provide to the Credit Union is accurate and true.
• You will comply with this Agreement and all applicable rules, laws and regulations.
• You are not aware of any factor which may impair the collectability of the item.
• You warrant that files submitted by you to the Credit Union do not contain computer viruses or malware
• You agree to indemnify and hold harmless the Credit Union from any loss for breach of this warranty provision.


w.   Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.


x.   Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us.  Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Member Services Agreement or any other agreement with us.


y.   Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.


z.   Ownership & License. You agree that the Credit Union retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement and the End User License Agreement within the Service. Without limiting the effect of the foregoing, any breach of this Agreement or the End User License Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Credit Union’s business interest, or (iii) to the Credit Union’s actual or potential economic disadvantage in any aspect. You may use the Services only for non- business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.



V.   Your Responsibilities.  

You represent and agree to the following by enrolling for Mobile Remote Deposit or by using the Service:


a.   Account Ownership/Accurate Information. You represent that you are the legal owner of the Account(s) and other financial information which may be accessed via Mobile Remote Deposit. You represent and agree that all information you provide to us in connection with Mobile Remote Deposit and any associated features and services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity. You represent that you are an authorized user of the Device you will use to access Mobile Remote Deposit.


b.   User Security. You agree to take precautions to ensure the safety, security and integrity of your account and transaction while using Mobile Remote Deposit. You agree not to leave your Device unattended while logged in and to immediately log off at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login or other means to access Mobile Remote Deposit, you are fully and wholly responsible for any transactions they may authorize and we will not be liable to you for any damages.


VI.          DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD  PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.


VII.         LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF PREMIER FCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.


VIII.        YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS, ALONG WITH OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), AND DAMAGES RESULTING FROM: (1) ANY NEGLIGENT ACTS, OMMISSIONS OR WILLFUL MISCONDUCT BY YOU; (2) YOUR USE OF THE SERVICE AND APPLICATION; (3) ANY BREACH OF THIS AGREEMENT BY  YOU; AND/OR (4) YOUR VIOLATION OF ANY LAW OR OF ANY RIGHTS OF ANY NON-PARTY. THE PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF US AND OUR OFFICERS, DIRECORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS. EACH OF THESE INDIVIDUALS OR ENTITIES EXPRESSLY RETAINS THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY AGAINST YOU ON ITS OWN BEHALF.


   



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