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  • TECHNOLOGY CREDIT UNION MOBILE BANKING

    REMOTE DEPOSIT CAPTURE (RDC-Mobile Deposit) SERVICE TERMS AND CONDITIONS

    Use of Technology Credit Union's Mobile Remote Deposit Capture Service is subject to approval by Technology Credit Union ("Tech CU," "we," "us").

    If you, the account-holder are approved for RDC, you agree that use of RDC is subject to the following terms and conditions.

    1. RDC allows you to make check deposits to your Tech CU savings (share), checking (share drat) and/or money market (money market share) accounts from remote locations scanning both sides of checks and delivering the check images and associated deposit information to Tech CU or Tech CU's designated third party service provider.
    2. Tech CU is not responsible for any technical difficulties you experience attempting to use RDC.
    3. To use Tech CU's RDC service, you must have a suitable mobile device.
    4. When you make a successful RDC deposit, you will be notified by an in application message. You agree that once you have received confirmation that we have successfully processed your RDC deposit, you will clearly mark "void" or shred or otherwise destroy the original of the item you deposited to avoid its being deposited again. You agree to defend, indemnify and hold Tech CU and any Tech CU third party service provider from any claims, damages, losses, liability or expenses to which we or our service provider may become subject as a result of an item you deposited via RDC being presented for duplicate payment.
    5. Only the following items are eligible for RDC deposit: checks drawn on U.S. financial institutions in U.S. dollars, or checks drawn on United States Treasury, or checks drawn on any state or local government of the United States. Checks must be payable to you and endorsed by you with the restrictive legend, "Deposit only to Tech CU Account No. __________," consistent with the terms of the Tech CU Member Handbook applicable to the account to which the deposit is made. You agree not to attempt to use RDC to deposit checks with any of the following characteristics:

      •   The check is not payable to you;
      •   There is any apparent alteration to the front of the check;
      •   You know or have reason to believe that the check is fraudulent or otherwise not authorized by the
           owner of the account on which the check is drawn;
      •   The check is payable in a currency other than U.S. dollars;
      •   The check has been previously converted to a substitute check as defined in the Expedited Funds
           Availability Act;
      •   The check has been remotely created;
      •   The date of issue of the check is more than 6 months prior to the attempted deposit date; or
      •   You have any reason to believe that the check will not be paid by the institution on which it is
           drawn.
      •   The check image transmitted via RDC must be legible and compliant with requirements
           established from time to time by ANSI, the Board of Governors of the Federal Reserve, or any
           other regulatory agency, clearinghouse or association.
    6. We may terminate or change the terms of RDC service at any time, including but not limited to the categories of checks we will accept for deposit via RDC or endorsement requirements, with or without notice to you.
    7. We may, at our sole discretion, refuse to accept any item presented for deposit via RDC. We will notify you via the method agreed with you if we do this. We will have no liability to you for declining to accept items presented for deposit via RDC.
    8. Funds from any check deposited via RDC will be available to you after final collection from the institution on which it is drawn. We may make funds available sooner depending on factors we at our sole discretion deem relevant, including but not limited to your account history with Tech CU and your creditworthiness.
    9. You agree to notify us of any errors with respect to RDC deposits within 30 days after we send you the first periodic statement on which they appear. We will review your claim and correct any error on our part. We will not, however, be responsible for errors asserted more than 30 days after we send you the periodic statement on which they appear.
    10. You agree not to copy, reproduce, distribute or create derivative works from the content of the RDC service or to reverse engineer or reverse compile any technology used to provide the RDC service. Tech CU and our third party service providers, if any, retain all ownership and proprietary rights in the Services, associated content, technology and web sites.
    11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTISE OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
    12. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE OF THE SERVICES, INABILITY TO USE THE SERVICES, OR TERMINATION OF THE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTIO NOR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TECH CU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
    13. You agree and warrant to Tech CU that (a) you will use RDC only to transmit eligible checks; (b) check images will meet quality standards; (c) you will not use RDC to transmit duplicate items; (d) you will not deposit or re-present the original item once it has been submitted for deposit via RDC; (e) all information you provide to Tech CU is accurate and correct; and (f) you will comply with this Agreement, all agreements you have with Tech CU, and all applicable rules, laws and regulations.
    14. We can change the terms of this Agreement by notice to you. This Agreement is made in California and California law and applicable federal law will govern its interpretation. If you become indebted to Tech CU by your use of RDC, you agree that we can recover costs we incur in collecting what you owe, including attorney's fees and costs in addition to any other remedies the court finds proper. If a provision of this Agreement is found to be invalid, the remaining provisions will continue in effect.