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Mobile Deposit Agreement

Thank you for choosing LBS Financial Credit Union’s Mobile Deposit Service.

The Service is designed to allow you to make deposits remotely, by scanning checks and delivering the images and deposit information to the Credit Union or the Credit Union’s processor. The Credit Union offers their Members Mobile Deposit via cameras on their mobile devices on either our iPhone or Android Mobile Applications.  To use Mobile Deposit you must be enrolled in LBS Financial’s Online or Mobile Banking and have downloaded one of our Mobile Banking apps.

 

Data charges may apply from your mobile carrier.

In Case of Questions: Please call us at 800.527.3328 or visit www.lbsfcu.org.

 

Terms and Conditions:

For purposes of this agreement, “we,” “us,” and “our,” refers to LBS Financial (Credit Union), and the words “you” and “your” mean you, the Member or account holder identified on the account records with us.

 

By participating in Mobile Deposit, you are agreeing to the terms and conditions presented here, in addition to any terms and conditions to which you have previously agreed with respect to our Truth-In-Savings Disclosure of Membership Agreement and Account Terms and our Electronic Fund Transfers Disclosure and Agreement, which are incorporated herein by this reference.  In the event any provision in any such account agreements conflict with any provision in this Agreement, the parties agree that this Agreement shall control. The Credit Union in its discretion may modify these Terms and Conditions of this Agreement from time to time without notice or as otherwise provided by law. Continued use of the Service will constitute acceptance of any new or amended Terms and Conditions. Please carefully read this Agreement in its entirety.

Limitations of Service

We reserve the right to determine your eligibility for Mobile Deposit. We reserve the right to change the qualification requirements at any time without prior notice. We reserve the right to change, suspend, or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

 

Fees

There is no fee for the Service; however, you are responsible for any and all charges imposed by your communications service provider. Data rates may apply.

 

Items

You agree to scan and deposit only checks as that term is defined in Federal Reserve Board’s Regulation CC – Expedited Funds Availability Act (“Reg CC”).

You agree that the image of the check transmitted to the Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code.

Eligible items to deposit are:

  • Personal Checks
  • Business Checks
  • Cashier’s Checks
  • Official Checks
  • Money Orders

 

A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse the check.  If the check is made payable to you and your joint owner, both of you must endorse the check. Failure to endorse the check properly will result in the reversal of the deposit.

 

You agree that you will not use Mobile Deposit to scan and deposit any checks or other items as shown below:

  • Checks or items originally payable to any person or entity other than you.
  • Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
  • Checks or items containing restrictive endorsements (other than a restrictive endorsement for use at LBS Financial only).
  • Checks or items dated more than six months prior to the date of deposit.
  • Checks or items previously converted to a substitute check, as defined in Reg CC.
  • Checks or items that are remotely created checks, as defined in Reg CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items not payable in United States currency.
  • Checks or items prohibited by the Credit Union’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Credit Union account.
  • Savings Bonds
  • Any substitute check that has already been presented for deposit via Mobile Deposit.
  • 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, presents, or attempts to present, a deposit in violation of this Subsection, you agree to defend, indemnify, and hold us and our 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 us from any other deposit accounts with us in our sole discretion. You further acknowledge that you and not us are responsible for the processing and handling of any original items which are imaged and deposited utilizing Mobile Deposit and you assume all liability to the drawer of any item imaged using Mobile Deposit or liability arising from our printing of any substitute check from those images.

 

Rejection of Deposit

You understand that you are solely responsible for any service charges, overdraft charges, late fees, and returned check/non-sufficient funds charges levied against you, your account, or any accounts you may have at other financial institutions that may result from our rejection of any item, check holds, or deposit delays of any kind. You understand that if an item you transmit to us for deposit is rejected, we will notify you at the email address or phone number(s) we have on file for your account to alert you of the rejection within 2 business days of the date we receive the original transmission of your item. Should the email be returned as undeliverable and/or we are unable to reach you via the phone number(s) on file, we will have completed our obligation to alert you and therefore, we are under no further obligation to attempt any redelivery of the email. Further, you understand that we are not responsible if, for any reason, you do not receive our email. You agree that if you wish to attempt to deposit any rejected item again, you only will do so by depositing the original item on which the rejected item is based. You acknowledge and agree that even if we do not initially identify an electronic image as a rejected item, the substitute check created by us may nevertheless be returned to us because, among other reasons, the electronic image is deemed illegible by a paying bank.

 

Your Representations and Warranties

You represent and warrant:

i.   That you will comply with all applicable federal and state laws, and rules and regulation, including those of the National Automated Clearing House for ACH transactions;
ii.   That all checks scanned through Mobile Deposit are made payable to you;
iii.   That all signatures on each check are authentic and authorized;
iv.   That each check has not been altered; and

v.    That each check has only been deposited once.

Member’s Duty to Report Errors

You shall notify us of any errors, omissions, or interruptions in, or delay or unavailability of, Mobile Deposit or a breach of security procedures as promptly as practicable, and in any event within one business day after the earliest of discovery thereof.

 

Account Reconciliation

You will verify and reconcile any out-of-balance condition, and promptly notify us of any errors (exclusive of weekends and applicable holidays) within 60 days after receipt of your statement from us. If notified within such period, we shall correct and resubmit all erroneous files, reports, and other data at our then standard charges, or at no charge, if the erroneous report or other data directly resulted from our error.

 

Image Quality

The image of an item transmitted to LBS Financial using Mobile Deposit must be legible and meet image quality standards established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. Items transmitted by you that do not meet the image quality standards will be rejected.

 

 

Returned Deposits

Any credit to your account for checks deposited using Mobile Deposit is provisional.  If original checks deposited through Mobile Deposit are dishonored, rejected, or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, we may debit any of your accounts to obtain payment for the item that has been rejected or returned.

 

 

Endorsements and Procedures

Prior to making a mobile deposit, you agree to restrictively endorse any original item transmitted through the Service as “For Mobile Deposit Only,” or as otherwise instructed by the Credit Union. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as the Credit Union may establish from time to time.

 

 

Receipt of Items

We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to you. You agree that all items received by the Credit Union are subject to review and approval before crediting your account. You agree the Credit Union may notify you of a rejected item or deposit adjustment.

 

You agree that transmitting of checks does not constitute receipt by the Credit Union. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Credit Union that we have received the image.

 

Further, you agree that acknowledgement of receipt or delivery does not constitute an acknowledgement by the Credit Union that the transmission was error free or complete, or the image quality is sufficient for processing, or the item has been credited to your account (such as when an item exceeds the deposit limits or is otherwise subject to review and approval before crediting your account). In these instances, your deposit may be delayed or rejected.

 

Funds Availability

Funds from items deposited through Mobile Deposit will be available according to the Credit Union’s Funds Availability Policy, as stated in our Truth-In-Savings Disclosure of Membership Agreement and Account Terms, as amended from time to time, and which is incorporated herein by reference.

 

For purposes of determining the availability of funds, your deposits via Mobile Deposit are deemed to be received by the Credit Union at the time the system provides a confirmation that we have received the image. Every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after close of business or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

 

Retention and Disposal of Transmitted Items

Upon confirmation from the Credit Union that we have received the image of an item, Please write “Mobile Deposit” and the deposit date on the face of the check.  Retain the original item for 30 days and then securely destroy it.  You agree to protect original checks from security risks, such as theft, unauthorized use of information from the checks, and re-presentment.  You agree to promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Credit Union’s audit purposes. You agree to properly dispose of the item after 90 days. You agree to never re-present an item. During the period that you maintain the 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 for purposes of presentment for deposit of these original checks (i.e., after the original checks have already been presented for deposit via Mobile Deposit) and (ii) unauthorized use of information derived from the original checks. You understand and agree that you must use a high degree of care when selecting and implementing destruction and disposal procedures for the original checks. Among other things, these procedures must be designed to ensure that the original checks are not accessed by unauthorized persons during the destruction and disposal process (e.g., through the use of competent shredding equipment) and, once destroyed, the original checks are no longer readable or capable of being reconstructed.

Transaction Limits

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit. Members authorized to use Mobile Deposit will be qualified for one of three limit tiers based on such factors including, but not limited to, share account balances, loan activity, transaction history, and length of Membership. From time to time the Credit Union will re-qualify authorized Members for designated limit tiers. Mobile deposits are subject to Daily, Weekly, and Monthly transaction limits.  Daily deposit limits are stated within the mobile banking app and are subject to change at any time.

Credit Union Liability

A downloadable application (Software) is available for LBS Financials Mobile Application. Use of the Software is secure and requires log in authentication. The Service and/or Software may not be available at any time for any reason outside of the reasonable control of the Credit Union or any service provider. Delivery and receipt of deposit transactions through the Service may be delayed or impacted by factors pertaining to your Internet service provider, phone carriers, other parties, or because of other reasons outside our control.

 

You are responsible for understanding the operation and maintenance of your equipment. The Credit Union is not responsible for any errors or failures related to your equipment or for the cost of upgrading your equipment in order to utilize the Service.

 

We will not be liable for any losses or damages arising from any disclosure of account information to third parties, non‐delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Service, or for the timeliness, deletion, or failure to store any user data, communications or personalization settings.

 

Mobile devices with Internet capabilities are susceptible to viruses. It is your responsibility to ensure that your equipment is protected against and free from viruses, worms, Trojan horses, and any other harmful components which could result in damage to programs, files, devices, or interception of information by a third party. The Credit Union is not responsible for any indirect, special, or consequential damages that may result from harmful hardware or software components on equipment.

We shall not be responsible for any other loss or damage caused by Mobile Deposit or Software. Nor shall we be responsible for any direct, indirect or consequential damages arising from the use or maintenance of Mobile Deposit or Software. The Service and Software is provided “as is” without any warranty of any kind, either expressed or implied, including but not limited to the implied warranties of fitness for a particular purpose, warranties of merchantability, or warranties against infringement.

We make no representation that content or use of Mobile Deposit is available for use in locations outside the United States. Accessing from locations outside of the United States is at your own risk.

Mobile Deposit is provided for your convenience. Acknowledgements of receipt do not replace your account statements, which are the official record of your accounts.

 

You are, and shall remain, solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds, associated with using Mobile Deposit. We shall not be liable in any manner for such risk unless we fail to follow the procedures described in materials for use of Mobile Deposit. You assume exclusive responsibility for the consequences of any instructions you may give to us, for your failure to access Mobile Deposit properly in a manner prescribed by us, and for your failure to supply accurate input information, including, without limitation, any information contained in an application.

Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the services.  These difficulties may result in loss of data, personalization settings, or other interruptions.  Therefore, we shall not be responsible for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings in connection with your use of the services.  Further, we shall not be responsible for the operation, security, functionality, or availability of any wireless device or mobile network, which you utilize to access the services.

You agree to exercise caution when utilizing the services on your personal computer or wireless device and to use good judgment and discretion when obtaining or transmitting information.

Financial information shown on your personal computer or wireless device while using the services reflects the most recent account information available to us, but it may not be current.  You agree that we shall 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.

UNLESS OTHERWISE REQUIRED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED.

MOBILE BANKING IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE).

The foregoing notwithstanding, we will use commercially reasonable efforts to post your transaction/instruction properly to the account indicated when you use Mobile Banking properly and comply with these Terms and Conditions. If we do not complete a transfer to or from your account, on time or in the correct amount according to our agreement with you, we will be liable for your related losses or damages. However, we shall incur no liability if we are unable to complete a transaction/instruction initiated by you through Mobile Banking due to one or more of the following circumstances:

  • Your error.
  • Your failure to comply with these Terms and Conditions or the underlying account agreement and disclosure.
  • If the Mobile Banking equipment or software was not working properly and you knew about the malfunction when you started the transaction.
  • You have not provided complete or correct information.
  • If, through no fault of ours, you do not have enough money in your account to make the transfer
  • If the transfer would go over the credit limit on your line of credit loan
  • If the device was not working properly and you knew about the breakdown when you started the transfer
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
  • There may be other exceptions stated in our agreement with you

 

Electronic Fund Transfers

Business Days: For purposes of these Electronic Fund Transfers disclosures, our business days are Monday through Friday, excluding federal holidays.

 

Member Liability for Unauthorized Transfers: If you believe your password has been lost, stolen, discovered by an unauthorized person, or used without your permission call us immediately at 800.527.3328.

 

You may also reset your password by visiting www.lbsfcu.org or through one of our Mobile Applications.

 

If you believe your password has been lost, stolen, discovered by an unauthorized person, or used without your permission, and you tell us within two (2) business days of your discovery, you can lose no more than $50 if someone used your password without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

 

Also, if your statement shows electronic transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

 

If you authorize someone else to use your password, you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorized.

 

Transfer Types

With Mobile Deposit you can make deposits, subject to the “Transaction Limits” as defined above, to your LBS Financial Share Draft/Checking accounts, savings accounts, Money Market shares, and closed end consumer loans.

Confidentiality

We will disclose information to third parties about your accounts or the transfers you make only when one of the following conditions exist:

§ When necessary to complete a transaction requested by you;

  • In order to verify the existence and status of your account(s), such as for a retail merchant or credit reporting agency;

§ In order to comply with government agencies or court orders; or

§ You give us written permission.

 

Transaction Confirmation and Documentation

You will receive a confirmation message after a transaction is successfully received using Mobile Deposit. The confirmation message provided is for your convenience and does not replace your account statements, which are the official record of your accounts. You will receive a monthly account statement, unless there are no transfers in a particular month. In any case, you will receive an account statement at least quarterly.

 

In case of errors or questions about electronic funds transfers

Call us at 800.527.3328 or write us at P.O. Box 4860, Long Beach, CA 90804-0860 as soon as you can if you think your statement is wrong, or if you need more information about a transaction listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. To help you with your question, we will need the following information:

  • Your name, account number, and transaction date in question;
  • The error or the transfer you are unsure about, and why you believe there is an error or why you need more information; and
  • The dollar amount of the suspect transaction.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (90 calendar days if the transfer involved a new account, a point-of-sale transaction, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

 

 

Restrictions on Use

You warrant and agree that you will not use, or authorize the use of Mobile Deposit and Software for any illegal, fraudulent, unauthorized or improper manner or purpose as determined by applicable laws, rules and regulations. You agree that the Credit Union will not have any liability, responsibility, or culpability whatsoever for any such use by you or any authorized users. You further agree to indemnify and hold the Credit Union harmless from any lawsuits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use.

 

You agree that you will not attempt to: (i) access any Service or Software for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner with the provision of the Service or Software, the security of the Service or Software, or other Members of the Service or Software, or otherwise abuse the Service or Software.

 

The Credit Union and its affiliates and service providers also reserve the right to monitor use of Mobile Deposit and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

 

 

The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by a Credit Union officer. No delay or omission on the part of the Credit Union in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

You agree not to 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; (b) be fraudulent or involve gambling, involve the sale of counterfeit or stolen items or use Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation; (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or cause us to lose (in whole or in part) the services of any third party providers; (f) be defamatory, trade libelous, threatening or harassing (g) may potentially be perceived as obscene or pornographic or contain child pornography or racially, ethnically or otherwise objectionable; (h) interfere with or disrupt computer networks or infect the computer networks with viruses; (i) interfere with or disrupt the use of Mobile Banking by any other party; (j) use Mobile Banking in any manner to gain unauthorized entry or access into our computer systems; or (k) resell or make any commercial use of Mobile Banking.

Indemnification

You agree to indemnify, defend, and hold us and our employees harmless (by counsel of our choosing) from and against every claim, demand, action, cost, loss, liability, cause of action of third parties, and expenses (including without limitation attorneys’ fees) relating to our provision of or your use of any of Mobile Banking which we incur by (a) acting in accordance with this Mobile Banking Terms and Conditions Agreement or as a result of your failure to abide by its terms, (b) your breach of any representation or warranty herein, (c) the willful misconduct, fraud, criminal activity, intentional tort or negligence of you or any of your representatives involving use of Mobile Banking; (d) the actions, omissions or commissions of you, your employees, consultants and/or agents relating to Mobile Banking; and (e) any transmission or instruction, whether or not authorized, acted upon by us in good faith. This paragraph shall survive termination of this Agreement.

Disputes

In the event of a dispute regarding Mobile Banking, you and us agree to resolve the dispute by looking to this Agreement. You agree that any dispute that arises under this Agreement must be filed and litigated in San Diego County, California.

This Agreement is entered into and will be performed in California and all questions relating to its validity, interpretation, performance, and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of the State of California.

 

No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by a Credit Union officer. No delay or omission on the part of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

Entire Agreement

This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof. You may not assign this Agreement to any other party.  We may assign this Agreement in our sole discretion.  We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

 

Notice

Except as otherwise expressly provided herein, we shall not be required to act upon any notice or instruction received from you or any other person, or to provide any notice or advice to you or any other person with respect to any matter.