Mobile Banking Disclosures

MOBILE BANKING AND MOBILE CHECK DEPOSIT

TERMS AND CONDITIONS

as of:  December 18, 2014

  1. Introduction

The County Federal Credit Union (”CFCU”) endeavors to provide you with the highest quality Mobile Banking (the “Service”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”).

We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law.

  1. Definitions

As used in this Agreement and Mobile Banking services, the following words have the meanings given below:

“Account(s)” means your eligible CFCU checking, savings, loan, certificate of deposit or safe deposit box information and other CFCU products that can be accessed through Mobile Banking.

“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL (Secure Socket Layer) 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.

“Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking.

“Mobile Check Deposit” (or “MCD”) means a service offered through the County MoGo Mobile Application for Android and iPhones and related tablets that allow members to remotely deposit paper checks into their account(s) by electronically transmitting a digital image of the check for deposit.

“You” and “Your(s),” mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.

“We,” “Us,” and “Credit Union” means CFCU.

 III. Mobile Banking Service

  1. Description of Service. Mobile Banking is offered as a convenience and supplemental service to 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. Mobile Banking allows you to access your CFCU account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use Online Banking and then activate your Device within the Online Banking system. Information about CFCU’s Mobile Banking service is available on our website at https://cfcu2024.swmcdev.com.

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 Banking. We may also reserve the right to modify the scope of the Service at any time.

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

.B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.

  1. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements the Credit Union 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 restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), 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 deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.

  1. Permitted Mobile Banking Transfers

You may use the Service to transfer funds between your eligible CFCU accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using Mobile Banking.

If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking. Transfer transaction requests received after 6:00 p.m. EST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Credit Union chooses to remain closed, may be processed on the Credit Union’s next business day.

You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees.

Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Truth-In-Savings Disclosures. You may be subject to fees or account conversion if you exceed the transactions limits of your Account using Mobile Banking or any other methods outlined in your Deposit Account Agreement and Disclosures. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.

You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

  1. Mobile Check Deposit

To use Mobile Check Deposit you must be enrolled in Mobile Banking (“County MoGO”).

We will establish a mobile deposit amount limit when you are enrolled into this service.

Your mobile capture device, whether a tablet or phone, must meet certain technical standards in order to provide acceptable quality images of the checks. For a list of acceptable devices or to determine if your device qualifies, you may contact a branch of The County Federal Credit Union during normal business hours.

We reserve the right, at our sole discretion, to revoke your Mobile Check Deposit privilege(s).

Mobile Deposits transmitted during maintenance periods, or during other off-line hours as established by CFCU, will not be posted into your account until the next day and will be subject to verification and our funds availability policy. It is your responsibility to review your account history to ensure deposits have been posted.

MCD allows you to make check deposits to your savings (share) and/or checking (share draft) accounts from remote locations by scanning both sides of checks and delivering the check images and associated deposit information to CFCU.

Checks MUST be endorsed on the back with your signature and the words “For Mobile Deposit Only

CFCU is not responsible for technical difficulties that you experience attempting to use MCD. You agree and understand that MCD may at times be temporarily unavailable. In the event that MCD is not available, you acknowledge that you can deposit an original check at a CFCU branch, shared branch location, or by mailing the original check to a CFCU branch location. It is your sole responsibility to verify that items deposited using MCD have been received and accepted for deposit.

When you make a successful MCD deposit, you will be notified by an in-application message. You agree that once you have received confirmation that we have successfully processed your MCD deposit, you will clearly mark the check “VOID” on the front of the check and retain for an additional five business days. You agree to defend, indemnify and hold CFCU and any CFCU third party service provider from any claims, damages, losses, liability or expenses to which we and/or our service provider may become subject as a result of an item you deposited via MCD being presented for duplicate payment.Any intentional presentment of a check for duplicate payment is fraud and may be subject to legal ramifications.

Only the following items are eligible for MCD deposit: checks drawn on U.S. financial institutions in U.S. dollars, or checks drawn on the United States Treasury, or checks drawn on any state or local government of the United States. Checks must be payable to you and you alone (no checks payable to more than one party).

You agree not to attempt to use MCD to deposit checks with any of the following characteristics: a.) The check is not payable to you; b.) There is any apparent alteration to the front of the check; c.) You know or have reason to believe that the check is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; d.) The check is payable in a currency other than U.S. dollars; e.) The check has been previously converted to a substitute check as defined in the Expedited Funds Availability Act; f.) The check has been remotely created; g.) The date of issue of the check is more than 6 months prior to the attempted deposit date; or h.) You have any reason to believe that the check will not be paid by the institution on which it is drawn.

The check image transmitted via MCD must be legible and compliant with requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association.

We may terminate, or change the terms of, MCD service at any time, including but not limited to the categories of checks we will accept for deposit via MCD or endorsement requirements, with or without notice to you.

We may, at our sole discretion, refuse to accept any item presented for deposit via MCD. We will notify you via phone, or U.S. mail. We will have no liability to you for declining to accept items presented for deposit via MCD.

Funds from any check deposited via MCD will be available to you after final collection from the institution on which it is drawn. We may make funds available sooner depending on factors we, at our sole discretion, deem relevant, including but not limited to your account history with CFCU and your creditworthiness.

You agree to notify us of any errors with respect to MCD deposits within thirty (30) days after we send you the first periodic statement on which they appear. We will review your claim and correct any error on our part. We will not, however, be responsible for errors asserted more than thirty (30) days after we send you the periodic statement on which they appear. In the event of an error with respect to any original check or image thereof transmitted to us for deposit for a breach of the agreement, you will immediately contact us at 1-877-318-3838 or email us using our secure messaging service within our Online Banking Service.

You agree not to copy, reproduce, distribute or create derivative works from the content of the MCD service or to reverse engineer or reverse compile any technology used to provide the MCD service.CFCU and our third party service providers, if any, retain all ownership and proprietary rights in the services, associated content, technology and web site(s). You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of member claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the MCD service in your possession and your records relating to such items and transmissions.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT 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 IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

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 LOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, INABILITY TO USE THE SERVICES, OR TERMINATION OF THE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CFCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

  1. Your Responsibilities

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

  1. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking 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 or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
  2. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately 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 information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.

We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.

  1. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
  2. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
  3. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless CFCU, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or 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 Mobile Banking.

 

END OF MOBILE BANKING AND MOBILE CHECK DEPOSIT TERMS AND CONDITIONS