1. Defining Terms and Scope of Agreement. This Agreement governs use of the Credit Union's Mobile Banking Services (the "Services"). In this Agreement, the words "you" and "your" mean each person who is an Account owner or is authorized by an Account owner to use the Services or to transact on the accessed deposit or loan Account. "We," "our," "us," and "Credit Union" mean the credit union named above. By enrolling in, requesting, using, or authorizing any other person to use the Services, you agree to the terms of this Agreement, which we may amend from time to time. You also authorize the Credit Union to make Account transfers, bill payments, and perform any other additional transactions via the Services as we may offer and you may request from time to time. This Agreement and any additional terms and conditions we may provide to you in connection with the Services supplement and are a part of your Electronic Services Agreement and Disclosure with us. Your Membership and Account Agreement with us also continues to govern your Credit Union membership and deposit accounts, and this Agreement does not modify any other agreements you have with us except as provided herein. In the event the terms of this Agreement or any additional terms for the Services conflict with any other agreement you have with us, the terms of this Agreement and any additional terms for the Services will control unless the terms of the other agreement expressly supersede this Agreement.
2. Description of the Services. The Services allow you to access your Credit Union Accounts with your mobile device to (i) perform fund transfers between your Accounts, (ii) manage and schedule bill payments with payees you have pre-established through the Online Banking service, and (iii) perform certain transaction inquiries, Account transactions, and receive certain alerts via text messaging. Bill payment services are subject to the bill payment agreement(s) we have with you. We reserve the right to limit the Services in any manner or refuse any transaction at any time without notice to you.
3. Access to the Services. The Services are generally accessible 24 hours a day, seven days a week, except that the Services may be inaccessible for brief periods each week for system maintenance and other necessary downtime. We will attempt to limit interruptions to the Services, but we are not responsible for failure to provide the Services due to system maintenance, other necessary downtime, or any unforeseen acts or circumstances outside of our control.
4. Using the Services. You represent that you are an Account owner or an authorized user on any Account you access. You agree to follow any instructions we provide in connection with your use of the Services. You are responsible for the proper operation of your mobile device and any Internet or cellular data service used to access the Services. All communications sent to us through the Services are our property. We are not responsible for any charges, expenses, or costs you may incur as a result of use or misuse of your mobile device or any Internet or cellular data service. If you should experience an interruption while conducting a transaction using the Services, you should immediately logout of the Services and login again to verify if your transaction has been completed. If you cannot login to the Services, you agree to contact the Credit Union promptly to determine if the transaction has been completed. In order to avoid duplicate transactions, you agree not to re-request a transaction performed during an interrupted session. If you conduct a duplicate transaction payable to a third party, we will not be responsible if the third-party refuses to refund the duplicate transaction amount.
Government regulations restrict the number of automatic and preauthorized transfers from your Savings and Money Market Accounts to no more than an aggregate of six per month per Account. Automatic overdraft protection transfers made from your Savings and Money Market Accounts to cover transactions made from your Checking Account are included when counting the permissible number of monthly transfers. We may refuse to complete a transfer or we may suspend your access to the Services and other electronic fund transfer services if you exceed these limitations.
5. Compliance with Law. You may not use the Services in any way that violates applicable law. You may not use the Services from any location where the content provided by the Services or use of the Services is illegal, and you assume all responsibility and risk of loss if you do so.
6. System Requirements. To use the Services, you must be enrolled in the Online Banking service and download our Mobile Banking App through an approved application provider such as the Apple App Store or Android Market. There is no charge for the Mobile Banking App, but you may incur Internet or data charges when downloading the App. You are responsible for acquisition and maintenance of a mobile device capable of accessing the Services. You must have access to Internet service and/or a wireless service plan to access the Services, and you are responsible for all costs, fees, and expenses related to your mobile device and access service plans, including without limitation, data and text messaging charges and fees. The Services may not be available through some networks or in some locations. To use the text messaging Services, you must separately register your mobile device with a U.S. telephone number and consent to receive text and email messages from us. If you consent, you expressly agree that we may communicate with you by way of text messaging or email, and you expressly authorize us to communicate with you by text messaging or email for any purpose. STANDARD INTERNET OR TEXT MESSAGING FEES MAY APPLY. To stop receiving text messages, you must follow the instructions we provide to you when registering your mobile device. We are not responsible for any problems or failures related to your mobile device, Internet or cellular service provider, or any other service provider that may affect your access to the Services.
7. Safeguarding Your Access Code. You will access your Accounts via the Services by using your Mobile Banking Access Code ("Code"). Text messaging services do not require a Code. We reserve the right to require additional login procedures in order to authenticate the user. You agree to keep your Code secure by memorizing it or keeping it in a safe place, not disclosing it to any third party other than those to whom you provide your express authorization, and you will not record or display your Code in such a manner that it will be accessible by unauthorized third parties. You agree not to leave your mobile device unattended while logged into the Services, and you will promptly log off each time you finish using the Services. You understand that any person having access to your Code will be able to access the Services and perform all transactions, including reviewing Account information and making transfers to other Accounts and persons. You agree that use of your Code by you, any other applicant, any party to any of your Accounts that may be accessed by your Code, anyone you permit or authorize to use your Code, and anyone to whom you disclose your Code or give access to your Code is deemed an authorized use for which you will be liable. If you authorize another person to use your Code in any manner, your authorization is considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization. You are responsible for any transactions made by any such person until you notify us in writing that transfers by that person are no longer authorized and we have had a reasonable opportunity to act upon your notification.
You are responsible for reporting the loss, theft, or compromise of your Code to us as soon as possible after you learn of it or suspect that unauthorized use has or may occur. For your security, we may restrict access to the Services without notice if we suspect fraudulent activity.
8. Internet and Wireless Security. You understand that wireless communications may not be encrypted and that there are risks in accessing the Services with your mobile device. Subject to applicable law, you expressly agree to assume all such risks. Text messages and other wireless communications may not be confidential or secure. Accordingly, you agree to exercise precautions to safeguard your mobile device, your identity, your Accounts, and your Account information. You understand that anyone who obtains possession of a mobile device of yours that has been registered for text messaging will be able to obtain your Account information without inputting your Code. You agree never to provide your personal information or Account information to any person or through any wireless network you do not know or whose identity you cannot verify. If you do, you assume all risks, subject to applicable law. We will never contact you by telephone, text messaging, email, or otherwise and ask you to provide us your personal or Account information, including your Social Security number, user name, Code, and Account numbers. You agree not to disclose your personal and Account information to unknown persons through these mediums for any reason. You agree to remain vigilant for phishing and other fraudulent scams and notify us promptly if you become aware of or suspect fraudulent activity involving your identity, Accounts, or the Credit Union. You agree to notify us immediately if your mobile device is lost, stolen, or destroyed or if you change your telephone number, email address, or other contact information. You understand that, if your mobile device is lost or stolen, you may not receive important messages that we have sent to you. We are not responsible for messages not received from us and any associated messaging fees. If you fail to exercise reasonable care to protect your identity and safeguard your mobile device and Accounts, we will not be liable, subject to applicable law.
9. No Warranty. THE MOBILE BANKING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERUPTED OR ERROR-FREE. NEITHER THE CREDIT UNION NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY ON ANY EQUIPMENT, HARDWARE, SOFTWARE, OR THE SERVICES, OR WITH RESPECT TO YOUR INTERNET OR CELLULAR SERVICE PROVIDER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR PERFORMANCE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT, YOUR SOFTWARE, OR ANY TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS IN ANY MATERIAL PROVIDED TO YOU IN CONNECTION WITH THE SERVICES. IF WE DO NOT COMPLETE A TRANSFER YOU HAVE REQUESTED, WE MAY BE LIABLE TO YOU, BUT ONLY FOR YOUR ACTUAL LOSSES AND DAMAGES UP TO THE AMOUNT OF THE TRANSFER. WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE, OR THE SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL WE BE LIABLE:
- If, through no fault of ours, you do not have adequate funds in your Account to complete a transaction or your Account is closed.
- If you have not properly followed any applicable mobile device, Internet or cellular data access, or user instructions.
- If your mobile device fails or malfunctions or the Services were not properly working and such problem should have been apparent when you attempted the transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, organized labor strikes, equipment or power failure) prevent us from making the transaction.
- If the funds in your Account are subject to an administrative hold, legal process, or other claim.
- If you have not given us complete, correct, and current instructions so that we can process the transfer.
- If the error was caused by a system beyond our control, such as that of your Internet or cellular data access provider.
- If you do not authorize a transfer soon enough for your transfer to be made.
- If you have closed the Account to or from which the transfer was to be made.
- We may establish other exceptions from time to time.
11. Indemnification. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE CREDIT UNION, ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL COSTS, CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES OR IF YOU VIOLATE THIS AGREEMENT.
12. Additional Services. We may introduce new services or enhance the existing Services from time to time. We will notify you when these new or enhanced services are available. By using new services when they become available, you acknowledge and agree that those services are governed by this Agreement and any additional terms we may provide to you.
13. Overdrafts and Non-Sufficient Funds. You agree that your use of the Services shall be subject to our overdraft policies and the overdraft provisions set forth in the Membership and Account Agreement. If there are insufficient funds available in your Account or from any other form of overdraft protection, we may not process a transaction you have requested. In such event, you understand and agree that you will be responsible for making alternate arrangements for the transaction. We are under no obligation to process a transaction for which sufficient funds are not available, and we are not required to notify you in such event. In the event we do decide to process a transaction for which sufficient funds are not available, we will charge the total cost of the transaction to you, including any overdraft fees or service charges.
14. Stop Payment. You acknowledge and agree that you may not stop payment of Account transfers initiated through your use of the Services, except that you may cancel bill payment transactions if you complete the cancellation before the cutoff time we have specified in our bill payment agreement with you.
15. Amendments. We may add to, change, or delete the terms of this Agreement at any time subject to such notice as may be required by applicable law. Your use of the Services following receipt of any such notice constitutes your acceptance of any such change. Use of the Services is subject to our policies, procedures, and existing regulations governing your Accounts and to any future changes to those policies, procedures, and regulations.
16. Termination of the Services. We may terminate this Agreement and your use of the Services, in whole or in part, at any time without notice. You or any other party to your Account may terminate the Services at any time by notifying us in writing or following any other termination instructions we may provide. Termination will be effective after we have received and have had a reasonable time to act on your notification. Termination by you only applies to the Mobile Banking Services and does not terminate your other relationships with us. When you terminate the Services, any scheduled and unprocessed bill payments will not be canceled. If you wish to cancel scheduled bill payments, you must access UFCU Bill Pay within UFCU Online Banking.
17. Enforcement and Governing Law. To the extent not preempted by applicable federal law, this Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, and it is deemed executed in Travis County, Texas. You agree that if there is any inconsistency between this Agreement and any applicable law, regulation, or rule, the terms of this Agreement shall prevail to the extent that any such law, regulation, or rule may be modified by agreement between us.
18. Fees. You are responsible for any fees charged to us by third parties in connection with your use of the Services. We may charge any Account on which you are an owner for all such fees without advance notice to you.
19. Contact in Event of Unauthorized Transfer. If you believe your Code has been lost, stolen, compromised, or that someone has transferred or may transfer money from your Account without your permission, call or write to us at:
(512) 467-8080 or (800) 252-8311
University Federal Credit Union PO Box 9350 Austin, TX 78766-9350
Telephoning us as soon as possible is the best way of keeping your possible losses down.
Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting. If you believe your Code has been lost, stolen, or compromised, you should change your Code immediately by accessing the "Change Code" feature within UFCU Online Banking.
Tell us AT ONCE if you believe your Code has been lost, stolen, or compromised. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two business days, you can lose no more than $50 if someone used your Code without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Code, and we can prove we could have stopped someone from using it without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
20. In Case of Errors or Questions about Your Electronic Transfers. Write to us or call us at the address and telephone numbers listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on your Account statement. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
(i) Tell us your name and Account number.
(ii) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten business days.
We will tell you the results of our investigation within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten business days, we may not credit your Account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
21. Business Days. Our business days are Monday through Friday excluding federal holidays.
22. Documentation. All withdrawal and transfer transactions made using the Services will be listed on your monthly Account statement that you receive from us. You may also access your transaction history through UFCU Online Banking. If you do not receive a monthly Account statement from us, we will send you a statement at least quarterly.
23. Confidentiality. We will disclose information to third parties about your Account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
mFoundry END USER TERMS
1. General. Access to your financial institution's services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the "Licensor"). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and the Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.
2. Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "Software"). By accessing the Software or using the services powered by the Software, you agree to be bound by these End User Terms, which constitute your agreement with mFoundry, Inc.
3. License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution's services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you or the Licensor. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control.
4. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
5. Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
6. Text Messages. Text messaging services are provided by your financial institution and not by any other third party. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g. mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.
7. Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
8. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
10. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
Remote Deposit Capture User Agreement ("Agreement")
This Agreement contains the terms and conditions for the use of UFCU Mobile Deposit, and/or other remote deposit capture services that University Federal Credit Union or its affiliates ("UFCU", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with UFCU, including the Disclosures governing your UFCU account, are incorporated by reference and made a part of this Agreement.
1. Services. The remote deposit capture services ("Services") are designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to UFCU or UFCU's designated processor. There is currently no charge for the Services.
2. 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 e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, UFCU 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.
3. Limitations of Service. When using the Services, you may experience technical or other difficulties. 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.
4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to UFCU shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Texas. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
c. Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items that are remotely created checks, as defined in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items dated more than 6 months prior to the date of deposit.
5. Image Quality. The image of an item transmitted to UFCU using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services. You agree to follow any and all other procedures and instructions for use of the Services as UFCU may establish from time to time.
7. 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 UFCU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
8. Availability of Funds. You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after UFCU receives payment for the funds submitted. UFCU 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 UFCU, in its sole discretion, deems relevant.
9. Disposal of Transmitted Items. Upon your receipt of a confirmation from UFCU that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID" and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to UFCU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for UFCU's audit purposes.
10. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by UFCU from time to time. See ufcu.org for current hardware and software specifications. UFCU 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.
12. Errors. You agree to notify UFCU of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable UFCU account statement is sent. Unless you notify UFCU within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against UFCU for such alleged error.
13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in UFCU's sole discretion subject to the Disclosures governing your account.
14. Ownership and License. You agree that UFCU 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. Without limiting the effect of the foregoing, any breach of this 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 anticompetitive manner, (ii) for any purpose which would be contrary to UFCU's business interest, or (iii) to UFCU'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.
15. 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 ERRORFREE, (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.
16. 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 UFCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
17. User warranties and indemnification. You warrant to UFCU that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to UFCU is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless UFCU from any loss for breach of this warranty provision.
18. Other terms. You may not assign this Agreement. This Agreement is entered into in Austin, Texas, and shall be governed by the laws of the State of Texas and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.