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Effective: March 15, 2016

In this Disclosure and Agreement, the words "you" and "your" mean the member or Joint Owners that applied for and/or uses any of the Mobile Deposit Service (the "Service") described in this Disclosure and Agreement. The words "we", "us", "our," and "credit union" mean Securityplus Federal SFCU (SFCU). Your application for use of the Service and notification of acceptance of your application as well as the SFCU Account Agreement and Disclosure are hereby incorporated into and made a part of this Disclosure and Agreement. In the event of a discrepancy between this Disclosure and Agreement, or the SFCU Member Services Agreement, this Disclosure and Agreement for the Service will control.

Use of the Service

Following receipt of our notification approving your use of the Service, you are authorized by us to remotely deposit paper checks you receive to your account with us by electronically transmitting a digital image of the paper checks to us for deposit. Your use of the Service constitutes your acceptance of the terms and conditions of this Disclosure and Agreement. Upon receipt of the digital image, we will review the image for acceptability You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any image that we do not receive. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for mobile deposit into your Account. You understand that any amount credited to your Account for items deposited using the Service is a provisional credit and you agree to indemnify and hold us harmless against any loss we suffer because of our acceptance of the remotely deposited check.

In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Intuit, Inc. and Vertifi Software, LLC, retain all rights, title and interests in and to the Services, Software and Development made available to you.

Compliance with Law

You agree to use the product and Service for lawful purposes and in compliance with all applicable laws, rules and regulations you warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. You promise to indemnify and hold us harmless from any damages, liabilities, costs, expenses (including attorneys' fees) or other harm arising out of any violation thereof. This indemnity will survive termination of your Account and this Agreement.

Check Requirements

Any image of a check that you transmit to us must accurately and legibly provide all the information on the front and back of the check at the time presented to you by the drawer. Prior to capturing the original check, you will endorse the back of the original check. Your endorsement will contain the following verbiage, "For SFCU Mobile Deposit” The captured image of the check transmitted to us must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check 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 quality for the check will meet the standards for image quality established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Rejection of Deposit

We are not liable for any Service or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned. We are authorized by you to debit the amount of such item plus any applicable fees to your Account.

Items Returned Unpaid

A written notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that you transmit to us for mobile deposit that we credit to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account.

Unavailability of Service

You understand and agree that the Service may at times be temporarily unavailable due to SFCU system maintenance or technical difficulties. However, as a courtesy, we will email notification of items that are rejected by the next business day following rejection. You acknowledge it is your sole responsibility to verify that items deposited using the Service have been received and accepted for deposit.

Funds Disclosure

The first $200 from a deposit of all checks will be available on the first (1st) business day after the day of your deposit. The remaining funds will be available on the second (2nd) business day after the day of your deposit. This agreement entitles all members who sign up for this service a maximum of $5,000 in daily deposits and $10,000 in monthly deposits with no limitation on the amount of checks deposited. SFCU reserves the right to make dollar limit changes.

Funds Availability

You understand and agree that, for purposes of deposits made using the Service , the place of deposit is Baltimore, Maryland. With regard to the availability of deposits made using the Service, such funds will be available as set forth in the Funds Disclosure portion of this Agreement.

Accountholder's Warranties

You make the following warranties and representations with respect to each image of an original check you transmit to us utilizing the Service:

 

  • 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, and the drawer of the check has no defense against payment of the check.
  • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
  • You will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
  • Other than the digital image of an original check that you remotely deposit through our Service, there are no other duplicate images of the original check.
  • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
  • You have possession of each original check deposited using the Service and no party will submit the original check for payment.

 

Storage of Original Checks

You must securely store each original check for a period of 14 days after transmission to us. After such period expires, you will destroy the original check. You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.

Accountholder's Indemnification Obligation

You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Service and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

In Case of Errors

In the event that you believe there has been an error with respect to any original check or image transmitted to us for deposit or a breach of this Agreement, you will immediately contact us regarding such error or breach as set forth below.

 

  • Customer Service Support: 410-281-6200
  • Or e-mail us at: comments@securityplusfcu.org

 

If you do not contact us immediately you understand that the statement deposit policy and timeline applies.

Limitation of Liability

You understand and agree that we are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of this Disclosure and Agreement.

Change in Terms

We may change the terms and charges for the Service indicated in this Disclosure and Agreement by notifying you of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. Your use of the Service after receipt of notification of any change by us constitutes your acceptance of the change.

Termination of the Service

You may, by written request, terminate the Service provided for in this Disclosure and Agreement. We may terminate your use of the Service at any time upon written notice. In the event of termination of the Service , you will remain liable for all transactions performed on your Account.

Relationship to Other Disclosures

The information in these Disclosures applies only to the Service described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of Your Accounts.

Governing Law

You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with all applicable laws of the State of Maryland, notwithstanding any conflict-of-law doctrines, or other jurisdictions to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Maryland.

Periodic Statement

Any mobile deposits made through the Service will be reflected on your account statement. You understand and agree that you are required to notify us immediately upon receipt of your account statement of any error relating to images transmitted using the Service for any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within 60 days after receipt of your account statement.

Limitations on Frequency and Dollar Amount

You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of mobile deposits that are set forth by us in the Funds Disclosure, unless SFCU has made future adjustments to this Service as described in the Funds Disclosure.

Unacceptable Deposits

You understand and agree that you are not permitted to deposit the following items using the Service:

 

  • Any item drawn on your account or your affiliate's account.
  • Any item that is stamped with a "non-negotiable" watermark.
  • Any item that contains evidence of alteration to the information on the check.
  • Any item issued by a financial institution in a foreign country.
  • Any item that is incomplete.
  • Any item that is "stale dated" or "postdated."
  • Savings Bonds
  • Insurance Drafts
  • Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party.

 

Confidentiality

You acknowledge and agree that confidential data relating to your Service, marketing, strategies, business operations and business systems (collectively "Confidential Information”) may come into your possession in connection with this Disclosure and Agreement. You understand and agree that you are prohibited from disclosing Confidential Information and agree to maintain the confidentiality of all Confidential Information.

Waiver

The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.

Relationship

This Disclosure and Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.

General Eligibility and Requirements

 

  • Must be a member in good standing with SFCU, and be at least 18 years of age or older.
  • Must be a member of the credit union for thirty days.
  • Must accept the disclosed terms and conditions of use.

 

Accountholder’s Indemnification Obligation

You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Service and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.

You understand and agree that you are required to indemnify our technology partners, including but not limited to Intuit, Inc. (Intuit) and Vertifi Software, LLC (Vertifi), and hold harmless Intuit, its affiliates, officers, employees and agents, as well as Vertifi, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User’s use of the Service , Vertifi or Intuit Applications, unless such claim directly results from an action or omission made by Intuit or Vertifi in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

Disclaimer Of Warranties

You Agree That Your Use Of Any Service And All Information And Content (Including That Of Third Parties) Is At Your Risk And Is Provided On An "As Is” And "As Available” Basis.

We Disclaim All Warranties Of Any Kind As To The Use Of Any And All Service, 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 Any And All Service Will Meet Your Requirements Or Will Be Uninterrupted, Timely, Secure, Or Error-Free. We Make No Warranty That The Results That May Be Obtained Will Be Accurate Or Reliable Or That Any Errors In Any And All Service Or Technology Will Be Corrected.

Limitation Of Liability. You Agree That We Will Not Be Liable For Any Loss, Injury Or Damages Whether Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including, But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Losses 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 Any And All Service , Regardless Of The Form Of Action Or Claim (Whether Contract, Tort, Strict Liability Or Otherwise), Even If We Have Been Informed Of The Possibility Thereof, Except As Otherwise Required By Law.

 

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