ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURE

This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by Northwest Municipal Federal Credit Union (“Credit Union”). In this Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1) or more share and checking accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B–Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.

1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.

   1. Visa Debit Card. If approved, you may use your card to purchase goods and services from participating merchants. However, you may not use your card to initiate any type of electronic gambling transactions through the Internet. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your checking account. For one-time debit card transactions, you must consent to the Credit Union‘s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member‘s opt-in choice for overdraft protection and the Schedule of Fees and Charges.

      For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and personal identification number (PIN) in ATMs of the Credit Union, STAR, Co-Op, Allpoint, PLUS, and Interlink networks, and such other machines or facilities as the Credit Union may designate.

      At the present time, you may also use your card to:

      • Withdraw funds from your share and checking accounts.
      • Transfer funds from your share and checking accounts.
      • Obtain balance information for your share and checking accounts.
      • Make point-of-sale (POS) transactions with your card and personal identification number (PIN) to purchase goods or services at merchants that accept Visa.
      • Order goods or services by mail or telephone from places that accept Visa.

      The following limitations on Visa Debit Card transactions may apply:

      • For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.
      • You may transfer up to the available balance in your accounts at the time of the transfer.
      • See Section 2 for transfer limitations that may apply to these transactions.
      • There are daily withdrawal and purchase limits. You will be notified of these limits by the Credit Union before you receive your access card.

   2. Automated Teller. If we approve Automated Teller for your accounts, a separate personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with your account number to access your accounts. At the present time, you may use Automated Teller to:

      • Withdraw funds from your share and checking accounts.
      • Transfer funds from your share and checking accounts.
      • Obtain balance information for your share and checking accounts.
      • Make loan payments from your share and checking accounts.
      • Access your Line of Credit account.
      • Determine if a particular item has cleared.
      • Verify the last date and amount of your payroll deposit.

      Your accounts can be accessed under Automated Teller via a touch-tone telephone only. Automated Teller service will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing.

      The following limitations on Automated Teller transactions may apply:

      • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
      • See Section 2 for transfer limitations that may apply to these transactions.

      The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each telephone call.

   3. Preauthorized EFTs.

      • Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share and/or checking account.
      • Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and checking account.
      • See Section 2 for transfer limitations that may apply to these transactions.
      • Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment on preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within 14 days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding 14 days after it has been made. A stop payment request may apply to a single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your request or all transfers subject to the request have been returned.
      • Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
      • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

   4. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft, you may authorize your check or draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

   5. Home Banking. If Home Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use Home Banking to:

      • Withdraw funds from your share and checking accounts.
      • Transfer funds from your share and checking accounts.
      • Obtain balance information for your share and checking accounts.
      • Make loan payments from your share and checking accounts.
      • Access your Line of Credit accounts.
      • Determine if a particular item has cleared.
      • Verify the last date and amount of your payroll deposit.
      • Make bill payments to preauthorized creditors.

      Your accounts can be accessed under Home Banking via personal computer. Home Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

      The following limitations on Home Banking transactions may apply:

      • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
      • See Section 2 for transfer limitations that may apply to these transactions.

   6. Mobile Banking. If Mobile Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use Mobile Banking to:

      • Withdraw funds from your share and checking accounts.
      • Transfer funds from your share and checking accounts.
      • Obtain balance information for your share, checking, and loan accounts.
      • Make loan payments from your share and checking accounts.
      • Make deposits to your share and checking accounts.

      Your accounts can be accessed under Mobile Banking via mobile device or other approved access device(s). Mobile Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

      The following limitations on Mobile Banking transactions may apply:

      • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
      • See Section 2 for transfer limitations that may apply to these transactions.

   7. Bill Pay. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.

      We will withdraw the designated funds from your checking account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you schedule for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

      The following limitations on Bill Pay transactions may apply:

      • There is no limit on the number of bill payments per day.

2. TRANSFER LIMITATIONS — For all share accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic, or Internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee or be closed.

3. CONDITIONS OF EFT SERVICES —

   1. Ownership of Cards. Any card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the card, immediately according to instructions. The card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your card or account to another person.

   2. Honoring the Card. Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to honor the card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.

   3. Foreign Transactions.
      Visa. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.

      A fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all multiple currency foreign transactions, including purchases, cash withdrawals and credits to your account. A fee of 0.80% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all single currency foreign transactions, including purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates.

   4. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access codes issued to you are for your security purposes. Any access codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

   5. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any share and checking or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

4. FEES AND CHARGES — There are certain fees and charges for EFT services. For a current listing of all applicable fees, see our current Schedule of Fees and Charges that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law. If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.

5. MEMBER LIABILITY — You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

   TELL US AT ONCE if you believe your card or access code has been lost or stolen, if you believe someone has used your card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit). If a transaction was made with your card or card number without your permission and was a Visa transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card or access code. For all other EFT transactions, if you were grossly negligent in the handling of your account or card or access code, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days after you learn of the loss or theft of your card or access code, you can lose no more than $50.00 if someone used your card or access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or access code and we can prove we could have stopped someone from using your card or access code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make including those made by card, access code or other means, 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 lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your card or access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

   (847) 391-5369

   or write to:

   Northwest Municipal Federal Credit Union
   1420 Miner Street
   Des Plaines, IL 60016
   

   You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

6. RIGHT TO RECEIVE DOCUMENTATION —

   1. Periodic Statements. Transfers and withdrawals made through any debit card transactions, audio response transactions, preauthorized EFTs, online/PC transactions, mobile access device transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

   2. Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM and/or point-of-sale (POS) terminal.

   3. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 60 days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (847) 391-5369. This does not apply to transactions occurring outside the United States.

7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the transfers you make:

   • As necessary to complete transfers;
   • To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
   • If your account is eligible for emergency cash and/or emergency card replacement services and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);
   • To comply with government agency or court orders; or
   • If you give us your written permission.

8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.

9. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS — If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages proximately caused by our error. However, we will not be liable for direct or consequential damages in the following events:

   • If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit.
   • If you used your card or access code in an incorrect manner.
   • If the ATM where you are making the transfer does not have enough cash.
   • If the ATM was not working properly and you knew about the problem when you started the transaction.
   • If acts of God (such as fire, flood, or power failure) prevent the transaction.
   • If the money in your account is subject to legal process or other claim.
   • If funds in your account are pledged as collateral subject to our lien or frozen because of a delinquent loan.
   • If the error was caused by a system of any participating ATM network.
   • If any circumstances beyond our control (such as your willful or negligent use of your card, access code, or any EFT facility for making such transfers) prevent the transaction.
   • If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
   • If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
   • Any other exceptions as established by the Credit Union.

10. NOTICES — All notices from us will be effective when we have mailed them or delivered them to the appropriate address in the Credit Union‘s records. Notices from you will be effective when received by the Credit Union at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least 21 days before the effective date of any change. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

    The following information is a list of safety precautions regarding the use of ATMs and night deposit facilities:

    • Be aware of your surroundings, particularly at night.
    • Consider having someone accompany you when the ATM or night deposit facility is used after dark.
    • Close the entry door of any ATM facility equipped with a door.
    • If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction. If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know.
    • Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home.
    • If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your card or deposit envelope, and leave.
    • If you are followed after making a transaction, go to the nearest public area where people are located.
    • Do not write your personal identification number (PIN) or access code on your ATM card.
    • Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the nearest available public telephone.

11. BILLING ERRORS — In case of errors or questions about electronic fund transfers from your share and checking accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears. Call us at:

    (847) 391-5369

    or write to:

    Northwest Municipal Federal Credit Union
    1420 Miner Street
    Des Plaines, IL 60016
    

    • Tell us your name and account number.
    • Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made an error or why you need more information.
    • 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 (10) business days.

    We will determine whether an error has occurred within ten (10)* 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 (10)* 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 (10) business days, we may not credit your account.

    We will tell you the results within three (3) 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.

    * If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of ten (10) business days to investigate the error.

    ** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point-ofsale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate the error.

    NOTE: If the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.

12. TERMINATION OF EFT SERVICES — You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

13. GOVERNING LAW — This Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of Illinois, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.

14. ENFORCEMENT — You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney‘s fees and costs, including fees on any appeal, bankruptcy proceedings, and any postjudgment collection actions.

The Mobile Banking Services and Remote Deposit Service ("Mobile Banking Services") is provided to you by Northwest Municipal Federal Credit Union ("NMFCU" or "we/us/our") and powered by third party "Licensors" CSS and My CU Services LLC. Section A of these End User Terms is a legal agreement between you and NMFCU. Section B of these End User Terms is a legal agreement between you and the Licensor.

1. The Mobile Banking Services are separate and apart from any other charges that may be assessed by your wireless carrier for Internet access or Text Messages sent to or received from us. You are responsible for any fees or other charges that your wireless provider may charge for any related data or message services, including without limitation for short message service ("SMS").
2. The Mobile Banking Services are provided by us and not by any other third party. You are solely responsible for the content transmitted through the messages sent to and from us. You must provide source indication in any Text Messages you send (e.g., mobile telephone number, "From" field in Text Message, etc.).
3. To enroll in Mobile Banking Services, you must also be enrolled in the NMFCU Home Banking Service ("Online Banking" or "Online Banking Service(s)"). You acknowledge that you have read and agreed to the terms and conditions of the Online Banking Services Agreement ("Online Agreement"), which applies to Mobile Banking Services. You also acknowledge and agree to these End User Terms, which supplement the Online Agreement, when you enroll in Mobile Banking Services.
4. We are not responsible or liable for the acts, omissions, systems or services provided by Licensor or any of the provisions of Section B, which is the responsibility of Licensor.
5. As used in these End User Terms, "Mobile Banking" and "Mobile Banking Service(s)" means a service that allows you to use a Mobile Device to access the Online Banking Service; "Mobile Device" means a device specified by us other than a personal computer, including a mobile phone, tablet or personal digital assistant (PDA) that has email capabilities and/or is Internet (web) enabled. "Remote Deposit Service" means a service that allows you to make deposits using the electronic image of a check or Substitute Check with your Mobile Device. Capitalized terms not defined in the End User Terms shall have the meaning provided in the Online Agreement or your Membership and Account Agreement ("MAA"), as applicable.

1. Services and Functionality. Not all of the Online Banking Services or the functionality of the Online Banking website are available when you use a Mobile Device and Mobile Banking Services and functionality available to you may vary based on the Mobile Device you use. We will notify you which Online Banking Services and functionality are available through Mobile Banking and which are available using your Mobile Device. For those Online Banking Services available through your Mobile Device, the Online Banking Services may use different terminology and appear in different formats when viewed through your Mobile Device. You may be required to follow different instructions to access Online Banking Services through your Mobile Device. Processing of payment and transfer instructions may take longer through Mobile Banking.
2. Third Party Charges. Your wireless provider's rates apply to Internet access, including messaging rates that apply to SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your Internet access and messaging plans. Your wireless provider may impose Internet access, message and/or charge limitations for using the Mobile Banking Service that are outside of our control. All such charges are billed by and payable to your wireless provider. You are responsible for any charges from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.
3. Authorized User. You represent that you are the owner or authorized user of the Mobile Device you use to receive our Mobile Banking Service, and that you are authorized to approve the applicable charges. You agree that we may send messages through your wireless provider to you and that your wireless provider is acting as your agent when sending and receiving messages.
4. Access and Limitations on Liability. If you use Text Messaging, we will send you a message only once per request. Mobile Banking, including instructions for payment, transfer and other transactions, may be delayed, misdirected, mishandled, interrupted, contain inaccurate content or otherwise be negatively impacted by factors relating to your Mobile Device, your Internet service provider, wireless provider or third parties, or due to other reasons outside of our control.
   WE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES DUE TO ANY SUCH DELAYS, INTERRUPTIONS OR NEGATIVE IMPACTS TO MOBILE BANKING AND YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. MOBILE BANKING SERVICES INCLUDING TEXT MESSAGING AND REMOTE DEPOSIT SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY RELATING TO THE MOBILE BANKING SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE MOBILE BANKING SERVICE IS FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR THE MOBILE BANKING SERVICE.
5. Transmission and Use of Your Information. You provide your express consent to us, our agents and service providers to use the telephone or mobile phone number, e mail address or other delivery location we have in our records to contact you to provide the Online Banking Services including Mobile Banking Services, to otherwise operate, develop and improve the Mobile Banking Service, and for any other purpose including marketing. You agree we, our agents and third party vendors may contact you by any means including use of an auto dialer or predictive dialer or pre-recorded message or Text Message. You understand and agree that Mobile Banking messages may not be encrypted and may contain personal or confidential information about you such as your mobile phone number, your wireless provider's name, the date, time and content of any mobile banking messages including account activity and status of your Accounts, and other information that you or we may provide. Your wireless provider and other service providers may also collect data from your Mobile Banking usage, and their practices are governed by their own policies. We are not responsible or liable for the acts or policies of such service providers. We will only use the information you provide to us from your Mobile Banking usage in connection with our Online Banking Service. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with our Mobile Banking Service, you agree to provide accurate, complete, and true information.
6. Content. Our Mobile Banking Service as well as the content and materials you may receive or access through your use of Mobile Banking are proprietary to us and our Licensors, and are for your personal, non-commercial use only. You will not damage, impair, interfere with or disrupt our Online Banking Service, Mobile Banking Service, or their functionality.
7. Use Outside of the US. You agree that if you are using our Mobile Banking Service outside the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.
8. Termination and Changes. We reserve the right to change these End User Terms from time to time, including the right to change fees, upon notice to you, and we reserve the right to discontinue Mobile Banking Service at any time without notice. We may suspend or terminate the Mobile Banking Service to you if we believe you are in breach of our End User Terms, the Online Agreement or your MAA with us. If your Online Banking Service is terminated, your Mobile Banking Service will also terminate. The Mobile Banking Service will also terminate in the event your wireless service terminates or lapses. We reserve the right to send you a follow-up message to confirm termination. All terms which by their nature contemplate performance after termination will survive termination of these End User Terms.
9. Official Records and Statements. Mobile Banking is provided for your convenience and does not replace your Account statement, which is the official record of your Account.
10. INDENTIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COST AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE MOBILE BANKING SERVICE, YOUR PROVISION OF A TELEPHONE OR MOBILE PHONE NUMBER, EMAIL ADDRESS, OR OTHER DELIVERY LOCATION THAT IS NOT YOUR OWN, OR YOUR VIOLATION OF APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE.

1. Remote Deposit Service. The Remote Deposit Service allows you to make deposits of the electronic image of a check or Substitute Check (each an "Item") to your eligible Accounts by capturing an electronic image of the Item with a capture device (such as a camera) on your Mobile Device and submitting images and associated information to us for processing. All terms and conditions of the Mobile Banking Services provided above including Access and Limitations on Liability (Section 4), Official Records and Statements (Section 9), and Indemnification (Section 10) apply to the Remote Deposit Service.
2. Eligible Items. You agree:
   • to deposit only images that originated as paper checks, and no third party or electronic checks may be deposited using the Mobile Remote Deposit Service;
   • to implement and maintain security measures, including firewall protection, in compliance with your obligations under these End User Terms;
   • to properly endorse all Items using the Mobile Remote Deposit Service;
   • not to deposit Items into your Account unless you have authority to do so;
   • not to exceed the deposit limits we establish;
   • after you submit an Item for deposit using the Mobile Remote Deposit Service you will not redeposit, otherwise transfer or negotiate the original Item;
   • after you submit an Item for deposit you are solely responsible for the storage or destruction of the original Items as further provided below;
   • the electronic image of the Item will become the legal representation of the Item for all purposes;
   • any image we receive accurately and legibly represents all of the information on the front and back sides of the original Item as originally drawn; and
   • to promptly provide us with a written notice of any claim you receive regarding the Mobile Remote Deposit Service.
3. Image Quality. The image of an Item transmitted using the Remote Deposit Service must be legible and clear. It must not be altered. It must capture all pertinent information from the front and back sides of the Item. Image quality must comply with industry requirements established and updated by the ANSI, Federal Reserve Board and any other regulatory agency. You authorize us to convert Items or IRDs or transmit them as an image. If the electronic files and/or images transmit to us with respect to any Item do not comply with our requirements for content and/or format, we may, in our sole discretion:
   • further transmit the Item and data in the form received from you;
   • repair or attempt to repair the Item or data and then further transmit it;
   • process the Item as photocopies in lieu of originals; or
   • return the data and Item to you unprocessed and charge back your Account.
4. Endorsement. You agree to properly endorse all Items captured and submitted using the Remote Deposit Service.
5. Processing Time and Availability of Funds. We may return or refuse to accept all or any part of a deposit to your Account using the Service at any time and will not be liable for doing so even if such action causes outstanding checks or other debits to your Account to be dishonored and returned. Images of Items transmitted by you are not considered received by us until you receive an electronic confirmation of the receipt of the deposit from us. Receipt of the confirmation from us does not mean that the transmission was error free or complete. If we receive the image of an Item for deposit on or before 2:00 p.m. Central Time on a Banking Day, we will consider that day the day of deposit. If we receive the image of an Item for deposit after 2:00 p.m. Central Time or on a non-Banking Day, we will consider the next Banking Day as the day of deposit. You understand and agree that funds from Items deposited under the Mobile Remote Deposit Service are not subject to Federal Reserve Board Regulation CC (availability of funds). Items submitted through the Remote Deposit Service are not subject to the Funds Availability Policy applicable to the Account. Funds from deposits made via the Mobile Remote Deposit Service generally will be available for withdrawals by the next Banking Day.
6. Disposal of Transmitted Items. You are responsible for retaining each original Item in a safe and secure environment in accordance with applicable laws as in effect from time to time. After forth-five (45) days following transmittal to us and receipt of a confirmation from us that the image of the Item has been received, you agree to mark the Item as "VOID" and properly dispose it to ensure it is not presented for deposit again. You will properly store the original Items and take appropriate measures to ensure they are not deposited a second time. You will promptly (but in any event within five (5) Business Days) provide any retained original Item to us as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any Item or as we otherwise deem necessary.
7. Minimum Hardware and Software Requirements. In order to use the Remote Deposit Service, you must obtain and maintain, at your expense, compatible hardware and software including an Internet enabled Mobile Device.
8. Eligibility, Termination and Changes. You must meet the eligibility requirements in order to use the Remote Deposit Service. We have the right to suspend or terminate the Remote Deposit Service at anytime if you or your Accounts(s) do not meet our eligibility requirements or if you are in violation of these End User Terms, the Online Agreement or your MAA with us. We may also terminate the Remote Deposit Service in the event your wireless service terminates or lapses. We also reserve the right to change the Remote Deposit Service at any time without notice to you.
9. Errors. You agree to promptly review each Account statement and notify us of any errors. All deposits made through the Service will be deemed to be correct, unless you notify us of any errors to deposits made through the Service immediately but no later than 30 (thirty) days after the applicable Account statement is mailed or otherwise provided to you or as otherwise specified in your Online Agreement and MAA with us.
10. Changes. We reserve the right to change the Mobile Remote Deposit Service at any time without notice to you. We reserve the right to deny, suspend or revoke access to the Mobile Remote Deposit Service immediately, in whole or in part, in our sole discretion, without notice, if we believe you are in breach of these Sections or this Agreement or another agreement related to your Account with us, or are otherwise using or accessing the Mobile Remote Deposit Services inconsistent with the terms and conditions hereof. Further, we have the right to suspend the Mobile Remote Deposit Service immediately in the event of an emergency or in the event of acts or circumstances beyond our control. Any termination will not affect any obligations arising prior to termination, such as the obligation to process any Items that were processed or in the process of being transmitted or collected prior to the termination date, or any returns of the same.

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial Services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. 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.
4. Disclaimer 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_INFRlNGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES 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, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. 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.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Illinois 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 Illinois and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation are 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.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.