Mobile Banking Service Agreement

Consumer and Business

This Agreement is the contract, which covers your and our rights and responsibilities concerning Mobile Banking services offered to you by Mid Oregon Federal Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean those who submit a Mobile Authorization form and any authorized users. In this Agreement, the words "we" and "us" and "our" and "ours" mean Mid Oregon Federal Credit Union. The word "account(s)" means any one or more savings, checking and loan accounts you have with the Credit Union

By submitting a Mobile or Online Authorization Form, you agree to the following terms governing your and our rights and responsibilities concerning Mobile Banking, eBillPay, and Direct Pay (DRX) Transfer services (collectively “Mobile Banking” and electronic funds transfers "EFTs") and Mobile Deposit services involving your account.

 

1.             Mobile Banking Services.

a.             Use of Services. Mobile Banking is a personal financial information management service that allows you to access account information and make financial transactions as offered using compatible and supported mobile phones and/or other compatible and supported wireless devices (including phones, “Wireless Devices”). We reserve the right to modify the scope of the Mobile Banking services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile telephone networks, such as while roaming. The most up-to-date list of services which you may be able to access through Mobile Banking is posted on the Mobile Access enrollment website at www.midoregon.com. When you register for Mobile Banking, designated accounts and payees (or billers) linked to your account through Online Banking will be accessible through the Mobile Banking service.

You may use the Mobile Banking Service to:

 

  • Obtain account balances and transaction information on your savings, checking, or loan accounts

  • Transfer funds between your savings, checking, or loan accounts

  • Transfer funds between your savings and checking accounts and your accounts at other financial institutions

  • Transfer funds from your savings and checking account to another member’s account

  • Transfer funds from your savings and checking account to someone else’s account at another financial institution

  • Make Bill Payments, view or edit pending payments and payment history using the eBillPay Service

  • Establish security settings for account access, authorizations & controls

Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so, and you use Mobile Banking in accordance with the online instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your wireless device and the Mobile Banking software (“Software”) required to use the Service. The Software is provided by a service provider not affiliated with the Credit Union and you are solely responsible for entering a license agreement to use the software. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking service, the Software or your wireless device. You may experience technical or other difficulties related to the Mobile Banking service that may result in loss of data, personalization settings or other Mobile Access service interruptions. We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of the Mobile Banking service. We assume no responsibility for the operation, security, or functionality of any wireless device or mobile network which you utilize to access the Mobile Banking service. Financial information shown on the Mobile Banking service reflects the most recent account information available through the Mobile Banking service. You agree that we will not be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly.

b.             Access to Accounts.  By enrolling in the Mobile Banking service, you certify you are an owner, joint owner or custodian on the accounts represented in your enrollment. You understand that all owners of your accounts or anyone with whom you share your Password or any access code will be an Authorized User, and that authority will be considered unlimited in amount and manner with full authority to perform all transactions relating to the stated accounts, until you notify the Credit Union in writing of the revocation of such authority. You agree that you are and will remain fully responsible for any transactions made by such persons on your accounts except transactions that occur after the Credit Union has been notified of any revocation of authority and has had a reasonable opportunity to act upon such notice.

c.             Relationship to Other Agreements.  You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers or service carriers of yours; and that this Agreement does not amend or supersede any of those agreements.  You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Internet Enabled device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions.  You agree that only your mobile service carrier or provider is responsible for its products and services.  Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.  You also agree that if you have any problems with Mobile Banking, you will contact us directly.

d.             Mobile Banking Service Limitations and Conditions.  When you use the Mobile Banking service to access accounts, you agree to the following limitations and conditions:

i.              Transfers. You may make transfers to other accounts of yours as often as you like. However, transfers from your Regular Savings and Money Market accounts will be limited to a total of six (6) in any one month, with the exception to loan payments.

ii.             Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Mobile Banking service. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

iii.             Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with the Mobile Banking service.

iv.            User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Access to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (k) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

v.             No Commercial Use or Resale. You agree that the Mobile Banking services are for personal use only. You agree not to resell or make commercial use of Mobile Banking.

vi.            Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us and service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your improper use of the Mobile Banking software or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

vii.           Additional Service Limitations.  Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking.  These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.  Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking.  Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any Internet Enabled device or mobile network which you utilize to access Mobile Banking. You agree to exercise caution when utilizing the Mobile Banking application on your Internet Enabled device and to use good judgment and discretion when obtaining or transmitting information. Financial information shown on Mobile Banking reflects the most recent account information available through Mobile Banking, and may not be current.  You agree that neither we nor our service providers will be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly.

viii.           Third Party Beneficiary.  You agree that our service providers (including any provider of Software) may rely upon your agreements and representations, set forth in this subsection, and such service providers are, for the purposes of this subsection, third party beneficiaries with the power to enforce those provisions against you, as applicable.

2.             eBillPay Service.  By enrolling and using the eBillPay bill payment service, you agree to the following terms governing your and our rights and responsibilities concerning the eBillPay electronic funds transfer services. Upon approval, you may use your mobile device to access your accounts. You must use your member number along with your security code to access your accounts. The eBillPay service is accessible seven (7) days a week, 24 hours a day. However, from time to time, some or all of the Credit Union’s eBillPay services may not be available due to system maintenance. You will need a personal computer or cell phone, Internet access and a certified web browser). The online address to access the eBillPay service is www.midoregon.com. You are fully responsible for the hardware or equipment of yours and any errors or failures involving any telephone service or your computer.

a.             Service Definitions.

i.              "Billing Account" is the checking account from which all service fees will be automatically debited. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

ii.             "Due Date" is the date reflected on your Payee statement for which your payment is due. It is not the late date or grace period.

iii.             "Payee" is the person or entity to which you wish an eBill payment to be directed or is the person or entity from which you receive electronic bills.

iv.            "Payment Account" is the checking account from which eBill payments will be debited.

v.             "Payment Instruction" is the information provided by you to us for an eBill payment to be made to the Payee including Payee name, Payee account number, and Scheduled Payment Date, etc.

vi.            "Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

vii.           "Scheduled Payment" is a payment that has been scheduled through the service but has not been processed.

b.             Payment Setup & Authorization.

Payees/Payments Setup. The following requirements apply to the setup of Payees for eBillPay. If you want to add a new “PAYEE”, select the “Payee” tab located in the eBillPay service or contact the Credit Union. You may add a new fixed payment to a “Payee” by accessing the service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the service.

Payment Authorization. By providing the Credit Union with names and account information of Payees to whom you wish to direct payments, you authorize the Credit Union to follow the Payment Instructions that it receives through the payment system. When the Credit Union receives a Payment Instruction, you authorize the Credit Union and its processing agents to debit your Payment Account and remit funds on your behalf so that the funds arrive as soon as reasonably possible after the Scheduled Payment Date designated by you. You also authorize the Credit Union and its processing agent to credit your Payment Account for payments returned to the Credit Union. The Credit Union will use its best efforts to make all your payments properly. However, the Credit Union shall incur no liability if the Credit Union is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

i.              If, through no fault of the Credit Union, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

ii.             You have not provided the Credit Union with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,

iii.             Circumstances beyond control of the Credit Union (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Credit Union has taken reasonable precautions to avoid those circumstances.

Payment Scheduling. Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, you will not be permitted to select a Scheduled Payment Date less than five (5) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period; we will not be responsible for your late charges if you schedule a Payment Date after your Due Date.

c.             Payment Processing. Transactions are in process starting at the cutoff time on the payment date. A transaction is a pending payment starting from the time you enter payment instructions until the payment is in process. A transaction is in process on the business day you selected as the scheduled payment date. A payment is considered completed when our agent issues the payment either by check or electronically. You may cancel or edit any pending payment (including recurring bill payments) by following the directions provided on the Mobile eBill Pay System Help. There is no charge for cancelling or editing a Pending Payment. Please note: We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is in process and it is not possible to stop or cancel a payment which is completed. If you desire to cancel or stop any payment which is in process, you must call Mid Oregon FCU at (541) 382-1795 or (800) 452-3313. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. If you call, we may also require you to verify your request in writing within fourteen (14) days after you call. Although we will make every effort to accommodate your request, we will have no liability for failing to do so.

Single Payments. A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time is currently 9:00 P.M. PST. A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date. We reserve the right to change the cut-off time and we will notify you of any changes.

Recurring Payments. When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:

  • If the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process

  • If the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process

If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date. The system will calculate the Estimated Arrival Date of your payment, this is only an estimate, please allow ample time for your payments to reach your “Payees”.

Cancelling a Payment. A bill payment can be changed or cancelled, any time prior to the Cutoff time on the scheduled process date. A bill payment is "In Process" starting at the Cutoff Time on the Payment Date. A bill payment is a "Pending Payment", starting from the time you enter Payment instructions until the payment is "In Process." A bill payment is considered "In Process" on the Business Day you selected as the scheduled Payment Date. A payment is considered completed when our payment processor issues the payment either by check or electronically. You may cancel or edit any Pending Payment (including recurring bill payments) by following the directions provided on the eBill Pay system.

d.             Available Account Funds You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as any other payment obligations you have to the Credit Union. We reserve the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirement or any other term of this Agreement. If you do not have sufficient funds in the account and we have not exercised our right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree that we may, at our discretion, charge any of your accounts with the Credit Union to cover such payment obligations.

e.             Stop Payment Requests. The Credit Union’s ability to process a stop payment request will depend on the payment method and whether or not a payment is pending. The Credit Union may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Credit Union will make every effort to accommodate your request, the Credit Union will have no liability for failing to do so. The Credit Union may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

f.              Prohibited Payments. We do not recommend use of eBillPay to pay child support, alimony, or any court-ordered payments. If you decide to use eBillPay to pay child support, alimony or other court-ordered payments, you agree to do so at your own risk. We also do not recommend use of eBillPay to pay any tax-related payments. If you decide to use eBillPay to pay tax-related payments, you agree to do so at your own risk. You may pay any Payee within the United States. Payments to Payees outside of the United States or its territories are prohibited.

g.             Payee Limitation. The Credit Union reserves the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if the Credit Union decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

h.             Failed or Returned Transactions. In using the service, you are requesting the Credit Union and its processing agent to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Credit Union. In such case, you agree that you will reimburse the Credit Union immediately upon demand the transaction amount that has been returned to the service and we may assist our processing agent in recovering any costs it incurs resulting solely from an improper bill payment transaction by you. You will reimburse the Credit Union for any fees imposed as a result of the return and any fees it incurs in attempting to collect the amount of the return from you. The Credit Union is authorized to report the facts concerning the return to any credit reporting agency.

i.              Expedited Payment Service. The Expedited Payment Service allows you to submit payments to participating merchants that will be posted to your account with that merchant.

Service Requirements. This service does not necessarily permit you to make payments to any payee; with this service, you can only make Expedited Payments to those merchants that participate in the program. The payments you make under this service are subject to the rules for expedited payments of each merchant. Your payment will be posted on the same day it is submitted, subject to the requirements established by the participating merchant. In order for an Expedited Payment to post on the same day, you must submit accurate and complete information for the payment, the payment must be submitted on a day during which the U.S. Federal Reserve System is open for operations, and you must submit the payment prior to the merchant's designated daily cutoff time. Expedited Payments submitted without complete or accurate information may be rejected or may not post on time. Expedited Payments submitted by you on a non-Federal Reserve business day or submitted by you after the applicable merchant's daily cutoff time will be posted the following Federal Reserve business day. The cutoff time will be displayed to you before the payment is finalized. Electronic payments are processed several times a day based on the time of day. You understand and agree we will electronically deliver your records of funds transfers and other transactions through the Expedited Payment Service, including confirmations of individual transactions, and any other communication related to the Expedited Payment service.

Service Limitations. You will not be able to schedule an Expedited Payment for an amount greater than the balance displayed within the bill payment service for the funding account at the time you attempt to schedule the payment. Additionally, for risk management and security purposes the Expedited Payment Service limits the number of payments and the total amount of payments that you may make per day. You will be given an error message and prevented from fully executing any transaction that exceeds these limits. From time to time we may modify the limits to the frequency or amount of transfers you can make using the Expedited Payment Service. We do not disclose these limits for security purposes. In any event, fund transfers in excess of the then-applicable limits will not be completed.

Service Fee. You agree to pay a fee for the Expedited Payment Service as set forth on the Rate and Fee Schedule. Also, you will be charged a fee for each Expedited Payment you submit, regardless of whether the payment was properly submitted.

3.             Direct Pay (DPX) Transfer Services. By enrolling in the Direct Pay Transfer Service, you agree to the following terms and conditions for the Direct Pay funds transfer services to and from you Credit Union accounts ("DPX Service"). These terms and conditions are in addition to those terms and conditions set forth in the Membership and Account Agreement and those that apply to any account you have with us. The words "EFT", "FT" or "FT Services" mean the electronic funds transfer services provided by Credit Union under this Agreement through its Application Provider and the words "you" or "your" mean each person who is authorized to transact DPX Services on the account or has an interest in the accounts which is accessible through the Service.

a.             Types of Funds Transfers. You may use the DPX Service to initiate a fund transfer (i) between your accounts maintained at the Credit Union; (ii) between your Credit Union accounts and your accounts maintained at other financial institutions; and (iii) between your Credit Union accounts and accounts of another person or business entity maintained at other financial institutions. The accounts at other financial institutions to or from which you request transfers are funds transfer accounts ("FT Accounts"). You represent and warrant that all information you provide is true, accurate and complete and you have the legal right to share information with us and our Application Provider. You are granting us the authority to access the FT Accounts and take whatever actions necessary including but not limited to transfer of funds to provide the DPX services.

b.             Service Eligibility.  You must be at least eighteen (18) years old, a resident of the United States, and have an e-mail address. You authorize us and our Application Provider to verify your identity by obtaining information about your credit history from a consumer credit reporting agency to be used in accordance with the Fair Credit Reporting Act and other applicable laws. You agree to use the DPX Service for legal purposes and not in violation of any laws, including but not limited to, laws and regulation designed to prevent Money Laundering. If any of your FT Accounts has a joint account holder, you represent and warrant that the joint account holder has consented for you to represent both and use the account with the DPX Service. If you do not give such consent, you should not use that account and we may terminate your use of DPX Service.  You are responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorized use of your account, or if you believe your password has been lost or stolen or any other breach of security; (b) ensure that you exit from your account at the end of each session; and (c) accept responsibility for all usage of the DPX Service and any fees associated with it. We and our Application Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.

c.             Service Authorization.  In order to provide you with the DPX Service, we or our Application Provider will collect your account access and other information necessary to provide desired services. You agree that your provision of the account access and/or personal information is your authorization for us and our Application Provider to serve as your agent to transact with service providers. Each time you use the DPX Service, you are authorizing the Application Provider to act as your agent to process your request through or with other service providers. If you grant access to others, you also explicitly authorize this third party to access and use your personal information on your behalf based on your relationship with that third party. Unless explicitly stated otherwise, any new features that enhance the current DPX Service including, but not limited to, the release of the new application properties, shall be subject to the Agreement.  The Application Provider may contact you regarding account status and other matters relevant to the underlying DPX Service and/or the information collected. The Application Provider may also use your account access information for the limited purpose of maintaining and improving the operation of the DPX Service. You can cancel your registration on the DPX Service at any time and have your information deleted from our records. Certain information may be retained by the Application Provider past cancellation date to meet record retention requirements. This provision and the policies outlined herein do not imply contractual or other legal rights of any other party.

d.             Privacy Policy.  We will not share or release your Personal Information or account access information to a third party without your express permission, unless required by law or court or governmental order. Registration Data and certain other information about you are subject to our Security and Privacy Policy. You can cancel your registration on the DPX Service at any time and have your information deleted from our records. Certain information may be retained by the Application Provider past cancellation date to meet record retention requirements.

e.             External Funds Transfers.  Within the Mobile Banking service, you may separately enroll for the option of transferring funds between your linked personal deposit accounts with us and certain deposit accounts at other financial institutions. An “Inbound transfer” moves funds into your Credit Union account from an FT Account. An “Outbound transfer” moves funds from your Credit Union account to an FT Account. When we receive a funds transfer instruction from you, you authorize us to debit your account and remit funds on your behalf.

                FT Account Requirements.  You will need to register each of your FT accounts that you wish to use for these transfers. You represent and warrant that you are owner of and have the right to access, use, and authorize us to use these FT Accounts for information and funds transfer purpose as defined in this Agreement. All FT Accounts must be with financial institutions in the United States. No International transactions are supported with the DPX Service. Not all types of accounts are available for funds transfer service. For example, retirement, business or corporate accounts. Also, you must check with your financial institution to verify their ability to participate in external funds transfer service. Also, there may be limitations related to each transaction such as total amount, number of transactions allowed, or total transaction amounts defined by your financial institution. You also acknowledge that once the recipient picks up money, it is non-reversible and non-refundable.

                Adding FT Accounts.  If you are requesting funds be transferred from an account held by another person to an account you have with us, you authorize us and our agent to send an e-mail or SMS text message on your behalf requesting him or her to authorize the funds transfer to you. You authorize us to access such FT Account as needed to provide the DPX Service. Upon adding an FT Account, you authorize us to make small deposits and/or withdrawals to the FT Account to confirm your control of the account. The withdrawal(s) amount(s) will never be greater than the deposit(s) amount. You agree to verify online the amounts of such deposits and/or withdrawals. Your Account(s) will be available ("activated") for use with service upon online verification of the amount of the deposits/withdrawals. In specific cases, there may be some FT Account authorization and activation with or without this deposit verification process.

f.              ACH Transfers.  You may initiate or authorize funds transfers between accounts or people you have designated using the FT Service to initiate an "ACH Transfer". You authorize us to accomplish these transfers through the Automated Clearing House ("ACH") Network and to use our agent for this purpose. The “ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions You understand that the Credit Union and its agent may originate more than one ACH entry (for example, a paired credit and debit entry) to accomplish the transfer you are requesting or authorizing. These ACH entries may be originated in any sequence (for example, a credit may be provided to you in advance of settlement on a paired debit entry against your account). You authorize us or our agent to resubmit debit entries against your account as needed to fulfill the ACH Transfer you have requested. If this is a recurring ACH Transfer, this authorization will continue in full force and effect until such time as you cancel the recurring ACH Transfer as provided below. You agree that such requests made with the DPX Service constitute your written authorization for such transfers. You understand that your bank may limit the number of transactions that you authorize using your savings or money market account.

                Reliance on Your Information. We may not investigate discrepancies between account number and names on the account. You agree that we are not responsible to investigate such discrepancies and may execute an ACH Transfer using account number information only, even if the name and the account number do not match. You agree to use a browser or mobile application that at a minimum provides a level of security equivalent to 128-bit RC4 encryption when accessing or using the DPX Service to initiate or approve ACH Transfers. If an account of yours has a joint account holder, you represent and warrant that each joint account holder has consented to the ACH Transfer(s), whether sending funds or receiving funds.

                Transfer Cut-Off.  Funds will be debited the business day after you initiate the transfer, and will be credited within three to five business days after you initiate the ACH transfer. However, your specific transaction time may vary from this and we do not guarantee any specific turnaround time for the FTS. You should check your accounts to see debit or credit of the amounts to confirm the status of funds. The cut-off time for Standard Transfers is 6:00 p.m. Pacific Time. Any standard transfer made after the cut-off time will be initiated the next business day.

                Provisional Transfers.  You agree that credits to your account are provisional and subject to return or reversal if we receive returns or reversals from the ACH or if we must otherwise reverse an ACH Transfer (including for failure to receive final payment). After we have received final payment on ACH credits, these deposits are referred to as collected items. We also reserve the right to refuse to process or to return all or any funds transferred.

                Transfer Limits.  Transfer limits are defined at enrollment to the DPX Service. These daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. We may change your transfer limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event, including: (i) any of your Credit Union accounts are not current or are not in good standing, (ii) you have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Credit Union account during the current or three prior calendar months, or (iii) you have had any prior transfer to or from a non- Credit Union account canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

                Modifying or Canceling Transfers. You may not be able to cancel or revoke an ACH Transfer once you have submitted or approved it since processing begins immediately or soon after your approval is received by us. You may stop payment of a recurring ACH transfer orally or in writing at least three business days before the scheduled date of the transfer. If processing has not begun, you may be allowed to cancel or delete ACH transfers from the "History" tab. ACH Transfers with a status of pending may be cancelled; recurring ACH Transfers may be deleted prior to submission of the next transfer.  If you close any of your FT Accounts, you are responsible to remove it from the DPX Service to avoid any transaction failure and charges related to a failed transaction.

                Status E-mail.  We may periodically send messages to your primary e-mail address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Primary e-mail address is defined in Mobile Banking and you are responsible for updating the address should it change. E-mail messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.

                Our Right to Reject Transfers. We, in our sole and absolute discretion, have the right to reject, reverse, or cancel any ACH Transfer you initiate, and/or restrict or condition your ability to use the DPX Service, at any time for any reason or no reason, including but not limited to (a) insufficient funds in an account being debited; (b) suspicious activity; (c) order of any law enforcement agency or other legal process; (d) inability to verify information you or others provide or are asked to provide; (e) providing us with false or inaccurate information; (f) hacking, tampering or impacting the service functionality, availability or security; (g) using the service for unlawful purposes (as determined by us in good faith, but without the need for inquiry); or (h) failing to cooperate with any information request.

g.             Limitation of Liability. We will use reasonable efforts to complete all your payment transactions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

·         If, through no fault of ours, your account does not contain sufficient funds to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account;

·         The DPX Service is not working properly and you know or have been advised by us about the malfunction before you execute the payment transaction;

·         The funds transfer is refused by the recipient or recipient’s financial institution

·         You have not provided us with the correct information, including but not limited to the correct transfer instructions or account information, or the correct name and address or mobile phone number of the receiver to whom you are initiating a transaction; and/or,

·         Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.

h.             Prohibited Payments. The following types of payments are prohibited and we have the right but not the obligation to monitor for, block and/or reverse such payments:

  • Payments to or from persons or entities located in prohibited territories;

  • Payments that violate any law;

  • Payments for donations or payments to an unauthorized charity or non-profit organization

  • Payments that violate any terms in this Agreement; and

  • Payments related to tax or court ordered obligations, gambling, any unlawful activity, or any objectionable purpose as we reasonably determine.

In no event shall we be obligated to research or resolve or be liable for any claims or damages resulting from your scheduling of prohibited payments. 

4.             Mobile Card Management Services. The Mobile Card Management service is a card management application provided by the Credit Union as the issuer of the debit of yours, which you can manage within the Application. By downloading or using the Application, you agree to the following terms and conditions for the service. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Application. These terms apply exclusively to your access to and use of the Application and do not alter the terms or conditions of any Debit Card Agreement you may have with the Credit Union.

a.             Use of Card Management. Mobile Card Management may be used only for the following purposes:

  • obtaining information about a Card and Card transactions;

  • establishing Card and transaction authorization controls of your Card, including: location, transaction types, merchants and transaction threshold amounts;

  • reviewing the status of your Card account and transactions;

  • establishing Card acceptance or use (On/Off) controls;

  • establishing transaction alerts and messages to and from the Credit Union and

  • coding or tagging transaction data for your personal records.

b.             Conditions of Use.  You are solely responsible for all information and data you input into the Application, the controls, authorizations and security codes you establish and any access you give to any other person to the Application or your Card account. If you do not satisfy the above restrictions on use, please do not use the Application or download materials from the Application. You agree to comply with all additional restrictions provided in the Application as it may be updated from time to time.  In using the Application, you agree:

• not to disrupt or interfere with the security of, or otherwise abuse, the Application, or any services, system resources, accounts, servers or networks connected to or accessible through the Application or affiliated or linked web Applications; 
• not to disrupt or interfere with any other user’s access or use of the Application or affiliated or linked Applications; 
• not to use or attempt to use or access another person's account or personal information, or create or use a false identity on the Application; 
• not to attempt to obtain unauthorized access to the Application or portions of the Application which are restricted from general access; and
• not to use any automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Application including, but not limited to, personally identifiable information of any other user of the Application.
                c.        Liability Disclaimer.  THE CREDIT UNION DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS APPLICATION OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE CREDIT UNION AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.THE APPLICATION AND MATERIALS ON THE APPLICATION, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

                d.       Limitation of Damages. The Credit Union's liability for any claims, damages or losses for unauthorized use of your Card or improper Card transactions will be limited as set forth in the Credit Debit Card agreement with the Credit Union.  IN NO EVENT SHALL THE CREDIT UNION BE LIABLE TO YOU OR ANY PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE APPLICATION OR ANY LINKED APPLICATION, EVEN IF THE CREDIT UNION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

5.             Account Access & Authorization.

a.             Initial Access.  After you have successfully completed and submitted the Mobile Banking service registration form, you will be notified of the service availability. Once notified, you may log on to the service, using your User ID and Password ("Access Code").

b.             Security of Access Code. The access code for the Mobile Banking services is issued for your security. The access code is confidential and should not be disclosed to third parties or recorded. You are solely responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized by you to sign on your accounts. If you authorize anyone to have or use your access code, you understand that person may use the service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access code and you agree that the use of your access code will have the same effect as your signature authorizing transactions. If you authorize anyone to have or use your access code or Internet Enabled Device, you understand that person may use the Mobile Banking service to access and review all of your account information and execute account transactions. Therefore, we are entitled to act on transaction instructions received using your access code and you agree that the use of your access code will have the same effect as your signature authorizing transactions.

c.             General Authorization. If you authorize anyone to use your access code in any manner that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your access code immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access code is changed. If you fail to maintain or change the security of your access code, you are responsible for any losses resulting from such failure and may terminate your services immediately.

d.             Access Authorizations & Account Controls. If offered, you have the option to establish controls and limitations on the authorized access to your account and the transaction functions and amounts that may be conducted. You are solely responsible for establishing and maintaining these access authorizations and account controls to protect your account. You may establish dual account access controls and you are solely responsible for such designations, the implementation and enforcement of your internal account authorization policies and the actions of the designees of such dual controls. You may authorize multiple users to access and conduct transactions on the account (“Sub Users”) with specific account transaction authorities and limitations and you are solely responsible for such Sub User authorizations, the implementation and enforcement of your internal account authorization policies and the actions of your designated Sub Users.

6.             Unauthorized Transaction Reporting & Liability.  

a.             Transaction Authorization.  Under this Agreement, you are responsible for all transactions you authorize using Mobile Banking services. If you permit other persons to use your Password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, you must notify us immediately if you believe anyone has used your Password and accessed your accounts without your authorization.  All transactions that person performs are authorized transactions.  If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.

b.             Liability Limits on Consumer Accounts.  You are solely responsible for all transactions you authorize using Online Banking, Bill Pay or Mobile Banking services. The Credit Union will not be responsible for any losses or damages you may incur regarding the unauthorized access to or use of your account if used for a business purpose. If you permit other persons to use your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

For consumer accounts, you may limit your liability for unauthorized transactions. However, you must notify us immediately if you believe anyone has used your access code and accessed your accounts without your authorization. If you notify us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not notify us within two (2) business days after you learn of the unauthorized use of your account or access code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.

If your statement shows EFT transactions that you did not make, notify us immediately. If you do not notify us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making the unauthorized EFT transactions. If a good reason (such as a hospital stay) kept you from notifying us, we may extend the time period.

If you believe your access code has been lost or stolen or that someone has transferred or may transfer funds from your account without your permission, contact us immediately by one of the following:

Call:
541.382.1795 • 800.452.3313

Write to:
Mid Oregon Federal Credit Union
PO Box 6749
Bend, OR 97708-6749

Email:  infor@midoregon.com

7.             Business Days. Our business days are Monday through Friday. Federal holidays are not included.

8.             Fees and Charges. The fees and charges for the electronic services are outlined below. Fees and charges may be changed from time to time. We will notify you of any changes as required by law.

i.              Mobile Banking Service. There is no fee for Mobile Banking services.

ii.             eBillPay Service.  There is no monthly service fee for the eBillPay Service. You agree to pay the service fees set forth on the Rate and Fee Schedule and for certain transactions and incidental services, including:

  • Payments returned due to error
  • Cancellation Fee
  • ACH Return Fee
  • Express Mail correspondence
  • Overdraft Fees
  • NSF Fees
  • Expedited Payment Fees: Overnight Fees & 2nd Day Delivery Fees

We reserve the right to charge you for research time involving payments no longer available in your screen history. You agree to pay such fees and charges for the services and you authorize the Credit Union to debit the amount of any applicable fees and charges from your designated Payment Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

iii.             Direct Pay DPX Transfer Service.

9.             Transaction Documentation. Transactions conducted with the services under this Agreement will be recorded on your monthly statement sent to you by mail or e-statements if you have requested e-statements. Upon completion of a transaction using eBillPay, a confirmation number will be given. You should record this number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur. No printed receipts are issued through eBillPay.

10.           Account Information Disclosure. We will maintain the confidentiality and privacy of your account information in accordance with our Privacy Policy as stated on our website at www.midoregon.com.  However, we may disclose information to third parties about your account or the transactions you submit in the following limited circumstances:

·                     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;

·                     To comply with government agencies or court orders;

·                     If you give us your express written permission.

11.           Limitation of Liability for Mobile Banking Services. The Credit Union is responsible only for exercising ordinary care in making payment upon your authorization and for mailing or sending a payment to the designated payee. We are not liable in any way for damage you incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner, or for any other circumstances beyond the Credit Union’s control.

We will attempt to notify you by telephone on the Scheduled Initiation Date if a Bill Payment is not processed because there are insufficient funds available in your account. We are not responsible if we are not able to reach you, whether or not this is due to events beyond our control. Moreover, to take advantage of this service, you must keep us aware of any changes in your current home or business phone numbers. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through eBillPay. In no case will we automatically resubmit a payment for you after funds have become available. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union, or by certified Internet browser providers or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Mobile Banking services, or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via any Mobile Banking services and may have referred to such communication as “secured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law.

Our sole responsibility for an error in a transaction will be to correct the error and in no case will we be liable for any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The Credit Union will not be liable for the following:

a.             If, through no fault of ours, you do not have sufficient funds in your account to complete the transaction, your account is inactive, or the transaction would exceed the credit limit on your line of credit, if applicable.

b.             If you used the wrong account or access code, you have not properly followed any applicable service or Credit Union user instructions for making any Mobile Banking transactions.

c.             If your personal computer malfunctioned or the phone lines were not working properly or the Credit Union computer system was not working properly and such problem(s) should have been apparent when you attempted your transaction.

d.             If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction.

e.             If the funds in your account are subject to an administrative hold, legal process or other claim.

f.              If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process the transaction.

g.             If, through no fault of ours, a Mobile Banking transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was insufficient; payment is lost in the mail or the payee failed to process a payment correctly or in a timely manner and a fee, penalty, or interest charge is assessed against you.

h.             If an error was caused by a system beyond the Credit Union's control such as a telecommunications system, an Internet Service Provider, any computer virus or problems related to software not provided by the Credit Union.

i.              If there are other exceptions as established by the Credit Union.

12.           Statement Errors on Consumer Accounts. For consumer accounts, in case of errors or questions about your EFT transactions, contact us by: telephone at the phone number set forth in Section 6; send us an e-mail to the address set forth in Section 6; or write us at the address set forth in Section 6, as soon as possible. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

  • Tell us your name and member number.

  • Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is 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 tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-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 decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

13.           Mobile Deposit Services.  By using the Mobile Deposit Service or clicking the electronic signature "Consent" on the Mobile Deposit enrollment or application page shown on your mobile device, you and any joint owners or authorized users, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments. The Mobile Deposit service is subject to the following terms and conditions and to the instructions, rules and terms provided to you via a link within the service and incorporated by reference herein.

a.             Mobile Deposit Capture Process. If we approve the Mobile Deposit service for you, you must use your PIN with your Login to access your accounts. You may photograph an image of checks with your mobile device creating an electronic image and you may transmit the electronic image that the Credit Union will deposit to your account. The Credit Union may, in its discretion, convert items meeting the Credit Union's required standards into substitute checks to facilitate the deposit and collection of such items. You agree that the manner in which checks are cleared or presented for payment shall be determined by Credit Union, in its sole discretion. We reserve the right to select the clearing agents through which we clear checks.

b.             Funds Availability. Funds from items deposited through the Service will be available in accordance with the Credit Union’s Funds Availability Policy disclosure, as amended from time to time, which is incorporated herein by reference. You agree that the imaging and transmitting of checks alone does not constitute receipt by Credit Union. Also, acknowledgment of receipt or delivery does not constitute an acknowledgment by Credit Union that the transmission of a check or items does not contain errors or that funds will be available.  Checks deposited though Mobile Deposit are not received by the Credit Union until we have acknowledged receipt and provided credit to your account.

c.             Deposit Acceptance. You agree that Credit Union may at any time, in its sole discretion, refuse to accept deposits of checks from you via Mobile Deposit session. In the event that the Service is interrupted or is otherwise unavailable, you may deposit checks in-person at a Credit Union branch or via night drop, ATM or mail or other contractually acceptable method.

d.             Member Account.

                Member Account. You must designate a Credit Union savings or checking as the settlement account to be used for the purposes of settling transactions requested in connection with the Service. We will provide you with details of each specific transaction. You will be responsible for reviewing and balancing of any settlement account.

                Responsibility for Imaging. You are solely responsible for imaging deposit items, accessing the service from the Credit Union and for maintaining your imaging equipment. You will be responsible for the payment of all telecommunications expenses associated with the service. Credit Union shall not be responsible for providing or servicing any Equipment for you.

                Deposit Requirements. You agree that you will only use the Service to deposit checks drawn on financial institutions within the United States, excluding its territories. For checks not falling within this requirement you must deposit those checks in person, using a night drop facility or by U.S. Mail. You agree that each check you deposit through the Service will meet the image quality standards directed in the application.

                Responsibility for Check Endorsement.  For all mobile check deposits, you must endorse the original paper check with your name and providing: “FOR MID OREGON FEDERAL CREDIT UNION MOBILE DEPOSIT ONLY”.  If you fail to provide this endorsement, we may refuse the deposit and return it to you and you agree to indemnify the Credit Union from any liability or loss to the Credit Union arising from the payment of the original paper check without such required endorsement.

                Check Retention & Destruction. You agree that all checks belong to you and not to the Credit Union and that those items shall be handled in accordance with this Agreement and your Membership and Account Agreement. After our receipt of a deposit transmission we will acknowledge by electronic means our receipt of such transmission. Your electronic transmission is subject to proof and verification. Write the date in the upper blank space on the front of the check after checking that the deposit has been accepted. You will retain the original of all imaged checks that have been deposited via Mobile Deposit for a reasonable period of time in order to verify settlement and credit or to balance periodic statements, but in no case beyond forty-five (45) days from the date processed. It is your responsibility to properly destroy and dispose of such original checks after such time. During the period that you maintain any original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks.  These risks include, without limitation, (i) theft or reproduction of the original checks (including by employees) for purposes of presentment for deposit of these original checks (i.e., after the original checks have already been presented for deposit via the Service) and (ii) unauthorized use of information derived from the original checks.  When you dispose of any original checks, you understand and agree that you must use a high degree of care when selecting and implementing disposal procedures to ensure that the original checks are not accessed by unauthorized persons during the disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed.

Deposit Prohibitions. You agree not to deposit, or attempt to deposit, or allow others, either directly or indirectly, to deposit, or attempt to deposit, by any means: (i) any Substitute Check, the original of which has already been presented for deposit via the Service, (ii) any image of a check that has already been deposited either as an original or as a substitute check, or (iii) any original check, the Substitute Check of which has already been presented for deposit via Mobile Deposit. In the event that you, or any third party, makes, or attempts to make, a deposit in violation of this Subsection you agree to defend, indemnify, and hold Credit Union and its agents harmless from and against all liability, damage and loss arising out of any claims, suits, or demands brought by third parties with respect to any such Substitute Check or original check.  You agree that the aggregate amount of any items which are deposited more than once will be debited from your account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by Credit Union from any other deposit accounts you have with Credit Union in its sole discretion. You further acknowledge that you and not the Credit Union is responsible for the processing and handling of any original items which are imaged and deposited utilizing the Service and you assume all liability to the drawer of any item imaged using the service or liability arising from the Credit Union's printing of any substitute check from those images.

Your Representations and Warranties. You represent and warrant: (i) that you will comply with all federal and state laws, and rules and regulations applicable to deposit and check transactions, including those of the National Automated Clearing House for ACH transactions; (ii) that all checks deposited through the Service are made payable to you; (iii) that all signatures on each check are authentic and authorized; and (iv) that each check has not been altered. In the event you breach any of these representations or warranties, you agree to defend, indemnify and hold Credit Union and its agents harmless from and against all liability, damages and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize the Credit Union to charge its account for the amount of any such demand, claim or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code.

Financial Responsibility. You understand that you remain, solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds associated with accessing the Service.  The Credit Union shall not be liable in any manner for such risk unless Credit Union fails to follow the procedures described in materials for use of the service. You assume exclusive responsibility for the consequences of any instructions you give to the Credit Union, for your failures to access the Service properly in a manner prescribed by the Credit Union, and for your failure to supply accurate input information, including, without limitation, any information contained in an application.

Account Reconciliation. You will verify and reconcile any out-of-balance condition, and promptly notify the Credit Union of any errors within the time periods established in the Membership and Account Agreement after receipt of your account statement. If notified within such period, the Credit Union shall correct and resubmit all erroneous files, reports, and other data at the Credit Union's then standard charges, or at no charge, if the erroneous report or other data directly resulted from the Credit Union's error.

e.             Credit Union Obligations.

                Financial Data. We will review and process your electronic file through a batch processing at one time per day. The Credit Union agrees to transmit all the financial data under its control required to utilize the service selected by you and to act on appropriate instructions received from you in connection with such service. The Credit Union shall exercise due care in seeking both to preserve the confidentiality of the user number, password, test key, or other code or identifier and to prevent the use of the service by unauthorized persons (and in this connection it is understood and agreed that implementation by the Credit Union of its normal procedures for maintaining the confidentiality of information relating to its members, and where practicable the obtaining by the Credit Union from any third parties engaged in the installation, maintenance and operation of the system of similar undertakings, shall constitute fulfillment of its obligation to exercise due care) but shall not otherwise be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of the service. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the Service.

                Service Availability. You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

                Exception Items.  When we review and process your electronic file, we may reject any electronic image that we determine to be ineligible for the service ("Exception Item") including, without limitation, electronic images of items drawn on banks located outside the United States, items drawn on U.S. Banks in foreign currency, electronic images that are illegible (due to poor image quality or otherwise), electronic images of items previously processed, electronic images previously converted to substitute checks, and electronic images with unreadable MICR information. We will notify you of any Exception Items.  You agree that if you wish to attempt to deposit any Exception Item to any of your accounts with Credit Union, you will only do so by depositing the original item on which the Exception Item is based.  You acknowledge and agree that even if you do not initially identify an electronic image as an Exception Item, the substitute check created by the Credit Union there from may nevertheless be returned to Credit Union because, among other reasons, the electronic image is deemed illegible by a paying bank.  Credit Union's failure to identify an Exception Item shall not preclude or limit your obligations to Credit Union.

                Account Information. We will provide you with daily transaction history via the Internet and the Online Banking service detailing items processed, return items, and deposit adjustments.

                Retention of Check Images. Credit Union will retain any substitute checks it generates for seven (7) years.

f.              Services Fees. Currently there is no monthly fee for the Mobile Deposit Service. You agree to pay all fees and charges for deposit services as set forth on the Rate and Fee Schedule. All Service Fees are subject to change by Credit Union upon thirty (30) days written notice to Member.

g.             Disclaimer of Warranties.

MEMBER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICE. THE CREDIT UNION MAKES NO AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE).  MEMBER FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS.  MEMBER HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.

h.             Credit Union's Liabilities.

                Direct Damages. THE CREDIT UNION'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY MEMBER AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF THE CREDIT UNION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF THE CREDIT UNION RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS. IN NO EVENT SHALL THE CREDIT UNION BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE CREDIT UNION'S LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO MEMBER IN CONNECTION WITH ANY MATTER.

                Your Duty to Report Errors. You will notify Credit Union of any errors, omissions, or interruptions in, or delay or unavailability of, the Services as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to you which reflects the error. Your failure to notify Credit Union of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve Credit Union of any liability for such error, omission, or discrepancy.

                Credit Union's Performance. You acknowledge and agree that Credit Union shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by Credit Union in performing the Service, in accordance with or unintentional deviation from the terms and conditions of this Agreement. You acknowledge that Credit Union's systems and procedures established for providing the Service are commercially reasonable.

                Limitation of Liability. Credit Union shall have no liability to you, or any other person or entity for any loss, damage, cost, or expense arising out of this Agreement or the Service regardless of the form in which asserted, whether in contract, tort (including negligence), warranty, or any other legal or equitable grounds, and regardless of whether the remedies available fail of their essential purpose, except as provided by applicable law for any error or delay in performing the Service provided for in this Agreement, and we shall have no liability for not effecting a transaction, if: (i) we receive actual notice or have reason to believe that you filed or commenced a petition or proceeding for relief under any bankruptcy or similar law; (ii) the ownership of funds involving a transaction is in question; (iii) we suspect a breach of the security procedures; (iv) we suspect that your account has been used for illegal or fraudulent purposes; or (v) we reasonably believe that a transaction is prohibited by federal law or regulation, or otherwise so provided in the Agreement. Credit Union will not be liable if Member fails to timely report any error or discrepancy reflected in an account statement prepared by Credit Union, or if Member fails to report a breach of a security procedure.  If Credit Union fails to perform under this Agreement in accordance with the standards set herein, Credit Union's liability for damages, losses, and other compensation owing to you will be limited as set forth above.

 

                Force Majeure.  The Credit Union shall not be responsible for liability, loss, or damage of any kind resulting from any delay in the performance of or failure to perform its responsibilities hereunder due to causes beyond the Credit Union's reasonable control.

 

14.           Termination of Services. You agree that we may terminate this Agreement and your Mobile Banking and Mobile Deposit services, if you, or any authorized user of the services or Password breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or Password. In addition, we reserve the right to terminate the service if you fail to use the service for more than two consecutive billing cycles. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, monthly fees will apply for any partial month with no prorating. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

15.           Amendments. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you, by mail, at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

16.           Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Oregon as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled to, subject to Oregon law, payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.