Online Banking / Bill Payment / Remote Deposit Capture Agreement & Disclosure
Online Banking / Bill Payment / Remote Deposit Capture Agreement & Disclosure
The following definitions apply in this Agreement:
- "Authorized Representative" refers to a person with authority (with respect to the account);
- "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer;
- "ISP" refers to your Internet Service Provider;
- "Online Banking" is the internet-based service providing access to your Credit Union account(s);
- "Online Account" means the Credit Union account from which you will be conducting transactions using a Service;
- "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
- "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
- "Time of day" references are to [Eastern] [Mountain] [Pacific] Standard Time;
- "User ID" is the Credit Union-generated identification code assigned to you for your connection to the Service;
- "We", "us", or "Credit Union" refer to Tidemark FCU which offers the Services and which holds the accounts accessed by the Services; and
- "You" or "your" refers to the owner of the account or the authorized representative.
II. Access to Services
III. Banking Transactions with Online Banking
A. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts and savings accounts. NOTE: Because regulations require the Credit Union to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
- Savings accounts. You can make no more than [six (6)] transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.
B. Additional Services. New services may be introduced for Online Banking from time to time. The Credit Union will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
IV. Schedule of Fees
VI. Use of Your Security Password
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID;
- Do not leave your PC unattended while you are in the Credit Union's Online Banking Site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Credit Union immediately at 302-629-0100 between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday. Telephoning the Credit Union is the best way of minimizing your losses and liability. (See; Section XII) If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password.
VII. Electronic Mail (E-mail)
VIII. Bill Payment Services
A. Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals. All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. B. Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check. You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee. For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Credit Union will work with the payee on your behalf to reverse any late fees or charges. C. No Duty to Monitor Payments. The Credit Union is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Credit Union will not be liable in any way for damages you incur for any of the following reasons:
- insufficient funds in your Bill Payment Account to make the payment on the processing date;
- delays in mail delivery;
- changes to the payee's address or account number unless we've been advised of the change in advance
- the failure of any payee to correctly account for or credit the payment in a timely manner, or
- any other circumstances beyond the control of the Credit Union. 4 If the session during which you schedule a payment or transfer ends by 2:00 p.m., the Credit Union will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.
If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. The Credit Union will attempt to notify you by e-mail or U.S. Postal Mail, but the Credit Union shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting the Service at 1-302-629-0100 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected. D. Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service prior to 5:00 p.m. on the business day before the day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Credit Union, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Credit Union may pay any item that is presented following the lapse of any stop payment order. E. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you. F. Multiple Person Bill Payment Accounts. If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Pay service. Each enrolled person needs a unique password but may choose to use the same payee list. Each individual may terminate her/his enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account. However, any enrolled person may terminate the Bill Payment service that will terminate the service for all enrolled persons on that Bill Payment account.
IX. Linked Accounts
ll accounts with the Credit Union that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:
- the accounts of the business for which that person is an authorized user;
- the accounts of any other business for which that person is an authorized user; and
- any consumer accounts for which the person is a co-owner or authorized signer.
X. Business Accounts
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to: 5
- enter into this Agreement, as amended from time to time;
- access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
- use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
XI. Term and Termination
A. Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions. B. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
- you do not pay any fee required by this Agreement when due or
- you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
C. Termination for Convenience. To terminate this Agreement, you must notify the Credit Union and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Credit Union by one of the following methods:
- By sending an e-mail to [email protected]
- By calling 302-629-0100
- By writing a letter and either sending it to the following address: Attention: Tidemark FCU PO Box 1630, Millsboro, DE 19966-9998 or giving it to a Member Service Representative at any of the Credit Union's locations.
If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
XII. Electronic Fund Transfer Provisions For Consumers
A. Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Credit Union may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section. B. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
- If you notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less
- If you fail to notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of:
- $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and
- the total of authorized EFTs which occur during the two (2) days before notification to the Credit Union, provided the Credit Union establishes that these EFTs would not have occurred had the Credit Union been notified within that two-day period.
3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days from transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred within the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above. 4. If the report is made orally, we may require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. 5. You may notify the Credit Union by telephone, writing, or by secure email within Online Banking. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised. C. Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking or Bill Payment transaction, call 302-629-0100, email us [email protected], or write us at: Attn: Electronic Banking Services Department, Tidemark FCU, PO Box 1630, Millsboro, DE 19966-9998 We must hear from you at the telephone number, email address or physical address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
- The dollar amount of the suspected error and date on which it occurred.
A. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall 7 we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances:
- If through no fault of the Credit Union, you do not have enough money in your account to make the transfer.
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to your account is blocked, in accordance with credit union policy.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
- If your transfer authorization terminates by operation of law.
- If you believe someone has accessed your accounts without your permission and you fail to notify the Credit Union immediately.
- If you have not properly followed the instructions on how to make a transfer included in this Agreement.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT. B. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third-party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account. C. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider, by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account. D. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XIV. General Terms and Conditions
A. Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month. B. Changes and Modifications. The Credit Union may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. C. Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent. D. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically. E. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances: • where it is necessary for the provision of Online Banking and for completing transfers;
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or other reporting requirements;
- if you give us your permission;
- to the Credit Union affiliated companies.
F. Governing Law. This Agreement is governed by the laws of the State of Delaware and applicable federal law.
Remote Deposit Capture Terms and Conditions
How it Works Using a mobile device with a camera and data service or other comparable technology, you can deposit eligible checks into your accounts at Tidemark Federal Credit Union. You’ll start by selecting an account, entering your check’s information, and then submitting your check. You’ll have access to all of your remote deposits through Online Banking and monthly e-statements. Or, you can call us for a copy at 302-629-0100. Please do not destroy the check until at least 180 days (6 months) after it has posted to your account. Enrollment and Eligibility Requirements
- You must have an eligible account for this service.
- Your accounts must be in good standing with no restrictions.
TFCU defines an account in good standing as:
- An account in which deposits are made regularly and are sufficient to cover transactions;
- An account that is brought to a positive balance at least every thirty (30) days or less;
- Not having loans or accounts more than 30 days past due;
- Not having legal orders, levies, or liens against the account.
The Service may be used to deposit checks into any of your checking or savings accounts except certificates/CDs and IRA accounts. What It Costs There is no cost for members of Tidemark Federal Credit Union to use this service. Your mobile or internet service provider may charge you for data usage or other charges; see your agreement with them for more details. If a check you deposit through Remote Deposit is returned, dishonored, or rejected, you may be charged a fee. If your account is overdrawn because a check is returned, dishonored, or rejected, you may also be charged a fee. Important Definitions
- The words “you”, and “your” mean anyone who is identified in Tidemark Federal Union’s Application for Membership, and subsequent modification forms.
- The words “we”, “us”, “our”, “TFCU”, and “credit union” mean Tidemark Federal Credit Union.
- “Business Day” is every Monday through Friday, Eastern Standard Time (EST), excluding Federal Reserve holidays.
- “Service” and “Remote deposit” refer to Tidemark Federal Credit Union’s Remote Deposit Service.
Use of Service These Services allow you to deposit checks into eligible Tidemark Federal Credit Union accounts from a remote location by capturing the image of the items with a compatible device and then delivering the images and associated deposit information to Tidemark electronically. You may use this Service only in accordance with this Agreement. Hardware and Software System Requirements In order to use this Service, and for the Service to function properly, you must obtain and maintain, at your expense, hardware and software that meets our requirements. This includes an internet-enabled personal computer or mobile computing device (such as a smartphone or tablet) with a camera/imaging device, and software available in the Apple Store or through Google. If there are ever more specific hardware and software requirements, these will be furnished to you separately. It is your responsibility to pay any and all costs and expenses associated with maintaining all technical requirements and additional items necessary for the proper use of the Service. We are not responsible for the functionality or maintenance of any third-party hardware or software you may need to use this Service. Agreement Acceptance The acceptance of this Agreement and use of the Service means you agree to all terms and conditions in this Agreement in addition to the Account Agreements & Disclosures provided to you at account opening and/or when approved for other services. Please read this Agreement carefully and keep a copy for your records. Limitations of Service You agree that Tidemark Federal Credit Union may at any time, in its sole discretion, refuse to accept deposits of checks from you through this Service for any reason including, but not limited to, deposits of checks from you that do not meet the “Check Image Quality” and/or “Endorsement Requirements” set forth in this Agreement. When using this Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties that you may incur. We reserve the right to change, suspend, or revoke the Service immediately and at any time without prior notice to you. In the event this Service is not available to you, you acknowledge that you can deposit your check at a branch office location, through a Tidemark Federal Credit Union ATM, or by mail. Charges or Fees Tidemark Federal Credit Union does not charge a usage fee for this Service. We reserve the right to start charging for this Service at any time. If an item you transmit for deposit is dishonored, rejected, or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited and you will be assessed a fee in the amount shown on Tidemark Federal Credit Union’s current fee schedule for a returned deposit. If there are not sufficient funds in your account to cover the amount of the returned check, the account may be overdrawn and you will be responsible for payment. You agree that the credit union may debit any account maintained by you in order to obtain payment of your obligations under this Agreement. You acknowledge that your wireless service provider may assess fees, limitations, or restrictions. You agree that you are solely responsible for all such fees, limitations and restrictions, and that we may contact you via your wireless device for any purpose concerning your accounts at Tidemark Federal Credit Union, including but not limited to account servicing and collection purposes. Eligible Items You agree to capture the image and deposit only “checks” as that term is defined in applicable federal laws and regulations, including Federal Reserve Regulation CC, Availability of Funds and Collection of Checks. Generally, a “check” is a negotiable demand draft drawn on or payable through or at an office of a bank or credit union, but also includes checks drawn on various governmental authorities, such as the United States Treasury, that are not payable through or at a bank. The image of a check you transmit to Tidemark Federal Credit Union is considered an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code (UCC). Ineligible Items You agree that you will not use this Service to capture the image and deposit any ineligible items including but not limited to the following:
- Checks or items payable to any person or entity other than you
(3rd party items);
- Any checks that you write to yourself;
- Previously returned checks;
- Post-dated checks;
- Checks that are expired or stale dated (6 months old or older);
- Checks or items containing an obvious alteration to any of the fields on the front of the check or an item which you know or suspect, or should know or suspect to be fraudulent;
- Checks or items not payable in United States currency, or not drawn on a financial institution located in the United States;
- Items previously converted to a substitute check;
- Checks marked “non-negotiable;”
- Savings bonds;
- Checks created without a signature, such as a pay-by-phone check item;
- Checks that require authorization; and
- Checks from a closed account.
Check Image Quality The image of the check transmitted must accurately and legibly provide the following information:
- The preprinted information identifying the drawer and the paying bank, including complete and accurate MICR information and signatures; and
- Other information placed on the check prior to the time the image is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check.
The image being transmitted must comply with all standards for image quality established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, and any clearing house, association, or other regulatory agency. You understand and agree that any determination that an image is legible is at the sole discretion of Tidemark Federal Credit Union. Endorsement Requirements You agree to endorse all items with your signature and print “For Remote Deposit” and your account number on all items. The Credit Union reserves the right to reject all items that are not endorsed as specified. Receipt of Checks All checks deposited by 5:00 PM (EST) on a business day will be credit to your account on that business day. All checks deposited after 5:00 PM (EST) on a business day, or deposited on a day that is not a business day, will be credited to your account the next business day. For purposes of determining the availability of your deposits, every day is a business day except Saturdays, Sundays, and federal holidays. Provisional Credit and Availability of Funds You understand that your ability to make deposits using the Service is a convenience provided by Tidemark Federal Credit Union and that such deposits are not subject to the Expedited Funds Availability Act and Federal Reserve Regulation CC. Deposits made through the Service will not be posted to your Account until they are received and verified by us. Credit given for each check deposited through the Service is provisional and subject to validation. The time that it takes us to review and verify an image and determine whether it meets our standards for acceptance can vary from the time that it would take us to verify a check deposit made through more traditional methods (e.g., a paper check). Deposits made through the Service will be subject to a standard 3-business-day hold. This means that funds from your deposit will be made available to you on the 3rd business day after the day we receive your deposit, as described above in the section “Receipt of Checks.” However, the first $225.00 from such deposit will be made available to you the first business day after the day of deposit. Checks that have been deposited may be delayed for a longer period of time if we have reasonable cause to believe the check is uncollectable. We will notify you if we delay your ability to withdraw funds. Method of Presentment The manner in which items are cleared, presented for payment, and collected shall be in Tidemark Federal Credit Union’s sole discretion, subject to the deposit account agreement covering your account. Retention and Disposal of Items You agree to retain each item no fewer than 180 business days after your funds have been posted to your account. Upon deposit of these funds, you agree to mark the items prominently along the top edge of the check “Remote Deposited” and include the date. For your protection, when you have retained the checks for 180 days, mark as “VOID” and dispose of the item(s) in a way that prevents representing for payment, such as by shredding securely. You agree to store each retained item in a secured locked container until such proper disposal is performed. You will promptly provide a retained check to Tidemark Federal Credit Union as requested to aid in the clearing and collection process or to resolve claims by 3rd parties with respect to any item. Errors or Discrepancies Notify Tidemark Federal Credit Union at 1-302-629-0100 as soon as possible if you believe your statement is incorrect, or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appeared. If you do not notify us within 60 days from the date your statement was sent, you may not be compensated for any losses. Security Requirements To prevent unauthorized usage of the Service, you agree to ensure the security of the personal computer and/or mobile device you own and use to access the Service. By securing these devices, we specifically mean installing operating system patches, antivirus software, firewall and spyware detection as applicable and keeping this security software current, as well as securing the physical device from theft or unauthorized use. Tidemark Federal Credit Union may also request additional information from you. Disclaimer of Warranties Tidemark Federal Credit Union’s representations, warranties, obligations, and liabilities and your rights and remedies, set forth in this Agreement, are exclusive. You understand and agree that your use of the Service is at your risk, and that the software and all information and content (including that of third parties) is provided by Tidemark Federal Credit Union and its licensors “as is” and on an “as available” basis. We disclaim all warranties of any kind as to the use of the services, equipment, hardware, software or internet provider service, or any part of them, 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 (1) will meet your requirements, (2) will be uninterrupted, timely, secure, or error free, (3) that the results that may be obtained from the service will be accurate or reliable, and (4) that any errors in the services or technology will be corrected. We are not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by your internet provider, any related software or Tidemark Federal Credit Union’s use of any of them or arising in any way from the installation, use or maintenance of your personal computer or mobile device hardware, software or other equipment. Limitation of Liability You agree that Tidemark Federal Credit Union shall 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 of 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 Service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if Tidemark Federal Credit Union has been informed of the possibility thereof or such damage is deemed foreseeable. Tidemark Federal Credit Union’s liability for errors or omissions with respect to the data transmitted or printed by the credit union will be limited to correcting the errors or omissions. We are not liable for items we do not receive or for images that are not transmitted completely or legibly. User Warranties and Indemnification You warrant to Tidemark Federal Credit Union that:
- You will only transmit eligible checks which are properly endorsed.
- Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, other than any endorsements required by this Agreement.
- Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check, and the drawer of the check has no defense against payment of the check.
- Images will meet the image quality standards. not transmit duplicate checks.
- You will not deposit or re-present the original check once the image is captured, sent and validated through this Service, unless specifically requested to do so by Tidemark Federal Credit Union.
- All information you provide to Tidemark Federal Credit Union is accurate and true.
- You have not knowingly failed to communicate any material information to us.
- You will not use the Service and/or your accounts for any illegal activity or transactions.
- Tidemark Federal Credit Union will not sustain a loss because you have deposited a check.
- You will comply with this Agreement and all applicable rules, laws, and regulations.
- Images you transmit do not contain viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
You agree to indemnify and hold harmless Tidemark Federal Credit Union from any loss for breach of the warranty provision. Change in Terms Tidemark Federal Credit Union reserves the right to change the terms and conditions of this service or terminate this Agreement without notice at any time. Governing Law This Agreement supplements the terms of your Account Agreements and Disclosures. Together they constitute the entire Agreement between you and Tidemark Federal Credit Union with respect to the services. You may not assign this Agreement. This Agreement is governed by the laws of the State of Delaware and of the United States of America. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. Unauthorized use of this Service is strictly prohibited.