• I. Digital Banking Terms and Conditions

    This Agreement governs the use of the Technology Credit Union Digital Banking Service, referred to as the "Service," “Digital Banking Service” or “Digital Banking,” provided by Technology Credit Union (“Tech CU”) and includes both online banking (“Online Banking”) and mobile banking (“Mobile Banking”). By using the Service to conduct banking transactions or bill payments, you agree to the terms of this Agreement. In order to use the Digital Banking Service, you also must agree to the Terms and Conditions for Electronic Delivery, set forth below.

    1. Definitions. As used in this Agreement, "account" and "accounts" mean the Technology Credit Union account(s) tied to your member number used through Digital Banking to conduct transactions. "Loan account" and "loan accounts" mean any loan you have with the Credit Union "You," "your," and "yours" mean the person(s) using the Service. "We," "our," us," and "Credit Union" refer to Technology Credit Union.
    2. Account Agreements. The terms and conditions in this Agreement are in addition to any account agreements you have with the Credit Union, including your Signature Card, Consumer Membership Account Agreements and Disclosures ("Membership Agreement"), Tech CU's Schedule of Fees & Charges or any accompanying schedules (collectively, the "Account Agreement"), any overdraft protection agreement, any loan agreement you have with Tech CU, and any change of terms notices. You agree that, when you use Digital Banking, you remain subject to the terms and conditions of your existing agreements with the Credit Union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider 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 (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking) or Online Banking, and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider or internet service provider are responsible for their products and services. Accordingly, you agree to resolve any problems with your provider(s) directly without involving us.
    3. Required Equipment. In order to use the Digital Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer") with a web browser (we strongly recommend the most recent version of the following browsers, which support the highest encryption methods available: Microsoft Edge, Firefox, Chrome and Safari), and/or a mobile device, and a member number.

      You are responsible for the installation, maintenance, and operation of your Computer, browser, software, and your mobile device. Tech CU is not responsible for any errors or failures from any malfunction of your computer, the browser, software, or your mobile device. Tech CU is also not responsible for any computer virus or related problems that may be associated with the use of the internet, an online system, or mobile device.
    4. The Service. To use Digital Banking, you must have at least one Tech CU personal membership account and enroll in our login security system. Through Digital Banking, you will have access to any of your Tech CU share accounts or loan accounts associated with your member number. Tech CU reserves the right to deny access to any accounts or loans or deny transactions under certain circumstances.
    5. Mobile Banking Accessibility. Mobile Banking allows you to access your account information, transfer funds, and conduct other banking transactions. To utilize Tech CU’s Mobile Banking service, you must be enrolled in Online Banking. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We also reserve the right to modify the scope of the service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. Tech CU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
    6. Digital Account Access Functions. You may use Digital Banking to (a) transfer funds between your accounts; (b) transfer funds between financial institutions; (c) obtain account balances; (d) obtain history and transaction information on your accounts; and (e) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below.
      1. Your ability to transfer funds between certain accounts is limited by federal law and the Account Agreement. You should refer to the Membership Agreement for legal restrictions and service charges applicable to excessive withdrawals or transfers. Transfers made using the Digital Banking Service are counted against the permissible number of transfers described in the Membership Agreement.
      2. There may be at least a one business day delay in transferring funds between your accounts. Except as provided in this Agreement, all banking transaction instructions received by 12:00 a.m. (midnight) Pacific Standard Time will be completed that business day. Any instruction received after 12:00 a.m. (midnight) Pacific Standard Time will be completed the next business day.
      3. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our discretion. If we process the transfer, and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
    7. Additional Services or Features. We may offer additional Digital Banking services and features in the future. Any such added Digital Banking services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new Digital Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Digital Banking services we offer without notice, except as may be required by law.
    8. Use of Service. You agree to accept responsibility for learning how to use Digital Banking in accordance with any instructions we may provide, and you agree that you will contact us directly if you have any problems with Digital Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Digital Banking as modified. You also accept responsibility for making sure that you know how to properly use your Computer or mobile device and we will not be liable to you for any losses caused by your failure to properly use the service or your Computer or mobile device. You will not hold Tech CU liable for any incompatibility of the software or application with your Computer or mobile device or for any loss or damage to any Computer or mobile device which may be caused by any software, application, or the installation process.
    9. Login Security. Enrollment in the Digital Banking login security system is required to access the service. To enroll, you need your member number, social security number, email address, and date of birth. In order to successfully register, all information you input at the time of registration must match the information in our system.

      In the enrollment process, you will create the necessary components to access Tech CU Digital Banking:
      • User Name & Password : The User Name and Password will be used each time you log into Online Banking to access your account.
      • Registered Device : When you attempt to log into Digital Banking using a computer or mobile device, you may be required to use a one-time passcode as an added level of security. Each time you log in from an unknown computer, you will have the opportunity to register that computer with our website, which may enable you to bypass the one-time passcode requirement for future logins. You may also be able to use biometrics (i.e., a fingerprint or facial scan) if available and activated on your mobile device to login to Mobile Banking, which may enable you to bypass the one-time passcode requirement. However, even if you register your computer or use biometrics to login, our system may still require a one-time passcode to login.
      You agree not to give or make available your User Name, Password, one-time passcode, or any login security information to any unauthorized individual. If you believe your User Name, Password, Computer, or mobile device, has been lost, stolen, compromised or accessed in any way, or if you believe someone has attempted to use the Digital Banking Service without your consent, your account(s) or loan accounts have been accessed, or someone has transferred money without your permission, you must notify Technology Credit Union immediately. Technology Credit Union does not maintain a record of your PIN/Password. If you lose or forget your PIN/Password, contact Tech CU immediately. If you use biometrics (i.e., fingerprint or facial recognition) to access Digital Banking from your mobile device, you represent and agree that the biometrics belong only to you, and not to anyone else. You agree that you will not provide access to Digital Banking on anyone else’s mobile device using anyone else’s biometric information.

      To maintain the security of your accounts, Tech CU recommends the use of browsers that provide encryption using a 128-bit key or the most secure encryption available. Using a less secure encryption method puts the security of your account at risk. If you elect to use a browser that does not meet Tech CU's security recommendations, you agree that you accept any associated risk.
    10. Forgot Password Disclosure Password Reset . We will send you a one-time use passcode. After verifying the passcode, you will be required to create a new password. Tech CU will never ask you for this code; do not provide it to anyone. As always, keep your login credentials secure. If you need further assistance, please contact us at 800-553-0880.
    11. Your Liability For Unauthorized Payments (Excluding Wire Transfers).

      Tech CU-issued physical devices you can use to initiate electronic funds transfers (an “EFT”), such as ATM/Debit Cards, Online Banking login credentials and a smart phone with stored credentials, may be referred to collectively as “EFT access devices,” and Personal Identification Numbers (PINs) and similar combinations of letters, numbers and/or symbols required to access EFT services may be referred to collectively as “access codes.”

      Tell us AT ONCE if you believe any Tech CU access device or access code has been lost or stolen, or has been or may be subject to unauthorized use, or if you believe that an electronic fund transfer has been made without your permission using information from a Tech CU personal check. Calling us is the best way to minimize your liability. Your liability may be up to the total balance in the account subject to unauthorized access, plus any available funds or credit limit in accounts or credit lines linked to the accessed account for overdraft protection if you do not tell us promptly.

      If you report the loss, theft, or actual or potential unauthorized use of your EFT access device or access code (other than a Debit Card) to us within two (2) days after you learn about it, you can lose as much as $50 if someone used your access device or access code without your permission.

      However, if you DO NOT tell us within two (2) business days after you learn of the loss, theft, or actual or potential unauthorized use of your EFT access device or access code (other than a Debit Card), and we can prove we could have stopped someone from using your EFT access device or access code without your permission, you could lose as much as $500.

      Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or we sent you email notification that your electronic statement was available for viewing, you may not get back any money you lost after sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

      If you were precluded from telling us for a compelling reason, such as an extended trip or hospital stay, we will extend these time periods.

      Please remember: Any person to whom Tech CU issues an EFT access device or access code at the request of an authorized person, or to whom an authorized person gives an EFT access device or access code, or to whom an authorized person gives express or implied permission to use an EFT access device or access code, will be able to withdraw all of the money in your Tech CU accounts linked to that device or code. We consider such persons to be authorized users. You agree that all authorized users may take any funds in your Tech CU accounts (including funds from any linked Overdraft Plan) until you notify Tech CU to deactivate the EFT access device or access code. You are obligated to repay any debt to Tech CU that results from the authorized use of EFT access devices or access codes, whether or not the authorized user stays within any limits of use set by you. You remain liable for any authorized use of your Tech CU EFT access devices or access that occurs before you tell us to cancel the device or code. Please consult your applicable loan agreements for liability for unauthorized direct access by EFT device to your lines of credit.
    12. Right to Stop Preauthorized EFT Payments and Procedure for Doing So. If you have regular pre-authorized charges to your account, you can stop any of these payments. Here is how: Contact us immediately or in such manner as to allow us a reasonable opportunity (at least 3 business days before your payment date) to act upon your stop payment request. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. There is a fee for each stop payment request (please see the Consumer Schedule of Fees and Charges). To prevent any future transfers, you should also notify your recipient of the payment in writing to stop the charges and send us a copy of your notice.
    13. Liability for Failure to Stop Payment of Pre-authorized Transfers: We must receive notice in such a manner as to allow us a reasonable opportunity to act upon your stop payment request (at least 3 days before the payment date). If you order us to stop one of the payments and we fail to stop the payment, we may be liable for your losses or damages.
    14. Stop Payment Requests for Checks:

      Item Description : In order stop payment of checks, you must submit to Tech CU a stop payment request through our Digital Banking Platform (it can be accessed through Services & Support > Check Services > Stop Payment Request), and you must describe the items accurately, including describing the exact account number and item number. You warrant that the description of the item(s) described in your Stop Payment Request is correct. You understand that the items are processed electronically through Tech CU’s computer system and the computer system must stop the payments. If the descriptions are not correct or complete, you understand that the computer system will not be able to stop payment and you will be responsible for payment of the item(s) and any resulting transaction fees.

      Stop Payment Conditions : You understand and agree as follows: (1) that in order for the payment to be stopped, Tech CU must receive the stop payment request within a reasonable time for Tech CU to act, and some items may be paid if reasonable time to act was not given; (2) for Preauthorized Electronic Funds Transfers, that your request must be received by Tech CU at least three business days prior to the scheduled payments; (3) that the stop payment request is conditional and subject to Tech CU’s verification that the item has not already been paid or other action already been taken to pay the item; (4) to notify Tech CU promptly upon the issuance of any duplicate item which replaces any item described in the Stop Payment Request, or upon the return of the original item.

      Claims : You agree not to make a claim against us if the check is paid through inadvertence, accident, oversight or if we are required to pay such check by a holder in due course or, if by reason of such payment, other items drawn on your account(s) are returned insufficient. If we credit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action.

      Indemnification : You agree to indemnify, defend, and hold Tech CU harmless from all costs and expenses, including court costs and reasonable attorney's fees, damages, or claims incurred arising from Tech CU’s actions in not paying the item(s) described in the Stop Payment Request, whether brought by a payee, indorsee, joint owner, or joint borrower, or arising Tech CU’s failure to stop payment due to inaccurate or incomplete descriptions of the item(s) described.

      Fees : You agree to pay, and authorize us to, debit your account(s) for the Stop Payment Fee disclosed on the Rates and Fees Schedule for each item on which payment is stopped. Please note that any stop payments initiated through digital banking will not incur any fees.
    15. Checking Accounts. It is important that you reconcile your account each month to ensure that both your records and our records are accurate. If no errors are reported within 60 calendar days after we first notified you (by email) that the statement was available via Digital Banking, the statement will be considered correct. If you have a question regarding any item shown, please call the Member Contact Center.
    16. Errors And Questions (Excluding Wire Transfers). In case of errors or questions about electronic transfers, the Digital Banking Service, banking transactions, or payments, you must notify us soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must provide us with the following information:

      Tell us your name and account number (if any).

      (2) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

      (3) 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 10 business days.

      We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 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.

      For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

      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.
    17. Wire Transfers. In this section, "Originator" or "you" means the person sending money and "Beneficiary" means the person to whom you are sending money. By initiating a wire transfer through Digital Banking, you ask Technology Credit Union ("Tech CU") to make payment from your designated Tech CU account to the Beneficiary named above. If you identify the Beneficiary or Receiving Financial Institution by name and account number, payment of the wire transfer may be made based on the number alone, even if it identifies a beneficiary or financial institution different from the one named by you on the wire transfer request.

      To the extent allowable under applicable law, you agree to hold Tech CU harmless from any loss that occurs due to your instructions being incomplete, ambiguous, or incorrect. We are not required to seek clarification from anyone regarding ambiguous instructions.

      If we cannot complete a transfer for any reason, including but not limited to ambiguity of instructions or lack of available funds in your designated payment account on the day set for transfer, we will notify you orally or in writing by the end of the next business day. If we are unable to complete the transfer for any reason, Tech CU may cancel the transfer and require a separate request to initiate the transfer again.

      You agree not to use Tech CU's wire transfer service or any other Tech CU service for any unlawful purpose, including but not limited to illegal gambling.

      The cutoff time for receipt and processing of outgoing domestic wire transfers is 2:30 PM Pacific Time and the cutoff time for outgoing international wires is 1:30pm Pacific Time. Requests received after the cutoff time may be processed the next business day.

      Once a wire transfer has been sent, it generally cannot be cancelled. Upon your request, we may attempt to recall a wire after it has been sent. Recall attempts cannot be guaranteed. If a recall attempt is unsuccessful due to the beneficiary already having picked up or withdrawn the funds or for any other reason, you must resolve any disputes directly with the beneficiary.

      If we fail to accurately follow your instructions, for example by sending a duplicate wire transfer, sending a wire transfer that exceeds the amount you authorized, or sending a wire transfer to a financial institution or beneficiary that does not match the number indicated in your instructions, we will reimburse any direct financial loss you incur. Our maximum liability will not exceed the amount of the wire, the wire fee, and any dividends or interest your funds otherwise would have earned but for our error. We will have no liability for indirect, consequential or punitive damages, such as alleged lost business opportunities or harm to your credit standing. You must notify us of any error as soon as you become aware of it and in no event more than 30 days after we send you the first periodic statement on which the error appears. Your failure to timely notify us of an error will release us from liability for the error.

      We will use security procedures in accepting wire transfer instructions and sending wire transfers. If you initiate your wire transfer in person, we will require a valid government-issued photo identification. If we make the service available and you initiate a wire transfer or submit amended wire transfer instructions over the phone, we will require you to answer security questions to verify your identity. If we make the service available and you initiate a wire transfer or submit amended wire transfer instructions through Tech CU's Digital Banking platform, you must log in using your user name and password and you may be required to answer security questions. We may at our sole discretion set limits on the dollar amount of wire transfers initiated by telephone or online banking. By proceeding with a wire transfer, you agree that our security procedures are reasonable.

      The laws governing this transfer are California law, Federal Reserve Regulation J, and Article 4A of the Uniform Commercial Code.

      You acknowledge that in the event an outgoing wire transmitted from any of your accounts is identified and designated by Tech CU's screening criteria for review and examination under OFAC Rules and Regulations (OFAC Rules) or other applicable law or regulation, then settlement of such transfer may be delayed or suspended pending review of the transfer, and may be terminated under applicable law or regulation. You also acknowledge that Tech CU may be required to place an indefinite hold on funds covered by the transfer if the transfer is required to be terminated under applicable law or regulation. You agree that any delay described in this paragraph is a permissible delay under the terms of laws and regulations applicable to the availability of funds held in deposit or share accounts. In the event a transfer is delayed or terminated, Tech CU will provide you such notice as may be required by applicable laws and regulations.

      You agree to reimburse Tech CU for any legal or collection costs we incur as a result of following your wire transfer instructions, whether due to a negative balance caused by our honoring your instructions or any other reason other than our negligence or failure to accurately follow your instructions.
    18. Wire Error Resolution. If you think there has been an error or problem with your wire transfer:

      Call Us: You can contact Tech CU at 408-451-9111, 800-553-0880, or www.techcu.com.

      Write Us:

      Technology Credit Union
      Attn: Central Operations
      P.O. Box 1409
      San Jose, CA 95109-1409

      You must contact us within 30 days after we sent you the first statement on which the wire transfer appeared. When you contact please tell us:
      1. Your name, address and telephone number;
      2. The error or problem with the transfer, and why you believe it is an error or problem;
      3. The name of the person receiving the funds, and if you know it, his or her telephone number or address;
      4. The dollar amount of the transfer; and
      5. The confirmation code or number of the transaction.
      We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. 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 any documents we used in our investigation.
    19. Data Recording. When you access Digital Banking to conduct transactions, the information you enter or the features you use within Digital Banking may be recorded or tracked. By using Digital Banking, you consent to such recording or tracking.
    20. No Signature Required. When using Digital Banking to conduct banking transactions or to pay bills, you agree that Tech CU may debit your account to complete the banking transactions, pay bills, or honor debits you have not signed.
    21. Representations. You represent and agree to the following by enrolling for Digital Banking or by using the included services:
      1. Account Ownership/Accurate Information . You represent that you are the legal owner of the accounts and other financial information which may be accessed via Digital Banking. You represent and agree that all information you provide to us in connection with Digital Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Digital Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the device(s) you will use to access Digital Banking.
      2. User Security . You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Digital Banking. You agree not to leave your device unattended while logged into Digital Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your device, login information, or other means to access Digital Banking, or otherwise leave your device unattended or provide your username, password, or other access information to any person, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your account.
      3. User Conduct : You agree not to use Digital Banking or the content or information delivered through Digital Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the software or application; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Digital Banking 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, libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Digital Banking; (i) interfere with or disrupt the use of Digital Banking by any other user; or (j) use Digital Banking in such a manner as to gain unauthorized entry or access to the computer systems or mobile devices of others.
      4. No Commercial Use or Re-Sale . You agree that the service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Digital Banking or resell, lease, rent or distribute access to Digital Banking.
      5. Availability . We make no representation that any content or use of Digital Banking is available for use in any location in the United States or outside of the United States.
      6. Limitations and Warranty Disclaimers . Digital Banking and related documentation are provided "as is" without any warranty of any particular kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
      We and our service providers disclaim all warranties relating to Digital Banking or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages.
    22. Remote Deposit Capture . Use of Technology Credit Union's Mobile Remote Deposit Capture (RDC) 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 draft) 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. Users of Tech CU’s RDC service are limited to the amounts allowable for deposit as follows:
        1. $10,000 per item
        2. $50,000 per calendar month
      6. 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, "For Mobile Deposit only to Tech CU " consistent with the terms of the Tech CU Consumer Membership Account Agreements and Disclosures 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:
        1. The check is not payable to you;
        2. There is any apparent alteration to the front of the check;
        3. 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;
        4. The check is payable in a currency other than U.S. dollars;
        5. The check has been previously converted to a substitute check as defined in the Expedited Funds Availability Act;
        6. The check has been remotely created;
        7. The date of issue of the check is more than 6 months prior to the attempted deposit date; or
        8. You have any reason to believe that the check will not be paid by the institution on which it is drawn.
      7. The check image transmitted via RDC must be legible and compliant with requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association.
      8. 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.
      9. 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.
      10. Generally, funds from RDC deposits are available immediately. In some cases, we may impose an Exception Hold and will notify you in writing when the funds will be available.

        An Exception Hold may be imposed in the following circumstances:
        1. We reasonably believe a check you have deposited will not be paid;
        2. You deposit checks totaling more than $5,525 in a single day (the longer hold will apply only to the portion of the deposit that exceeds $5,525);
        3. You deposit a check that has previously been returned unpaid;
        4. You have overdrawn your account repeatedly in the last six months; or
        5. There is an emergency, such as failure of communications or computer equipment.
      11. 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.
      12. 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.
      13. 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 WARRANTIES 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 NON INFRINGEMENT. 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.
      14. 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 ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TECH CU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
    23. Disclosure Of Account Information To Third Parties. We will disclose information to third parties about your account, your online banking transactions, and payment(s) you make only in the following situations:
      1. Where it is necessary for completing banking transactions or bill payments;
      2. In order to verify the existence and condition of your account(s) to a third party, such as a credit bureau;
      3. In order to comply with laws, government agency rules or orders, court orders, or officials having legal authority to request such information;
      4. If Technology Credit Union has entered into an agreement to have another party provide the Service; or
      5. If you give us your written permission.
    24. Charges. You will not be charged for the use of Technology Credit Union Digital Banking. However, there may be fees associated with specific banking transactions initiated within Digital Banking, such as wire transfer requests.

      NOTE:
      Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Consumer Membership Account Agreements and Disclosures, Schedule of Fees & Charges, and any applicable Loan Agreement.
    25. Alterations And Amendments. The terms of this Agreement, applicable fees, and service charges may be altered or amended by Technology Credit Union from time to time. If required by law, Tech CU shall send a change in terms notice to you at your address as it appears on Tech CU's records or your email address if you have agreed to receive notices from us electronically. Any continuation of Digital Banking after Tech CU sends you a notice of change will constitute your agreement to such change(s). Further, Tech CU may, from time to time, revise or update the Tech CU program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, Tech CU reserves the right to terminate this Agreement as to all such prior versions of the Tech CU programs, services, and/or related material(s) and limit access to Tech CU's more recent versions and updates.
    26. Address Changes. You agree to promptly notify Tech CU, in writing or through Digital Banking, of any address change.
    27. Termination Or Discontinuation. The use of Digital Banking does not require enrollment on your behalf; therefore, termination of Digital Banking by you is done by not accessing or using the Service. However, any banking transactions or payments you have previously authorized will be completed as instructed.

      Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
    28. Limitations. Tech CU reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. Tech CU is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.

      In general, you cannot transfer funds out of a Tech CU checking account unless you have available funds or available overdraft protection from a share account or line of credit. At Tech CU’s sole option, we may pay a Digital Banking transfer out of your checking account that draws your account balance negative, and if we do so, will charge a “Paid NSF” fee. Refer to Tech CU's Schedule of Fees and Charges. Outgoing transfers from non-checking accounts will be limited to the balance available in the source account. Outgoing Digital Banking transfers to other financial institutions may be limited to $1,000.00 during the first 180 days your account is open. Tech CU reserves the right to impose other limits on Digital Banking transfer frequency and dollar amounts, and to deny requests to transfer funds to prohibited payees. When you initiate an outgoing Digital Banking transfer, the system will notify you of any transaction limits. We will notify you promptly if we will not complete your payment instruction, unless you have been notified in advance that the type of transfer you attempt to initiate is prohibited under this Agreement. You are not permitted to use Digital Banking to initiate any illegal transactions or payments, such as for illegal online gambling.
    29. Assignment. You may not assign this Agreement to any other party. Tech CU may assign this Agreement to any present or future, directly or indirectly, affiliated company. Tech CU may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
    30. No Waiver. Tech CU shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Tech CU. No delay or omission on the part of Tech CU in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
    31. Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
    32. Governing Law. This Agreement shall be governed by the laws of the jurisdiction in which the Credit Union is located and by applicable Federal laws and regulations.

    II. Account to Account (A2A) Transfer Service (External Transfers) User Agreement

    IMPORTANT: TO ENROLL IN THE ACCOUNT TO ACCOUNT (“A2A”) TRANSFER SERVICE YOU MUST CONSENT TO RECEIVE NOTICES AND INFORMATION ABOUT THE SERVICE ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THE USER AGREEMENT FOR A2A TRANSFER SERVICE ("AGREEMENT"). THE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY FROM TIME TO TIME REQUEST A TRANSFER OF FUNDS IN YOUR TECH CU ACCOUNT(S) TO AN ACCOUNT YOU OWN AT ANOTHER FINANCIAL INSTITUTION OR A TRANSFER FROM THAT ACCOUNT TO YOUR TECH CU ACCOUNT. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY CLICKING THE "I AGREE" BUTTON, YOU CONSENT TO RECEIVE INFORMATION ELECTRONICALLY AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. TECH CU RESERVES THE RIGHT TO PROVIDE INFORMATION AND NOTICES ABOUT THE A2A TRANSFER SERVICE TO YOU BY NON-ELECTRONIC MEANS.

    1. Scope of Agreement - This Agreement covers all funds transfers using the A2A Transfer service initiated by you from time to time through Tech CU’s Digital Banking Service.
    2. Definitions
      • "ACH Network" means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.
      • "ACH Rules" means the NACHA Operating Rules and NACHA Operating Guidelines, as in effect from time to time.
      • "Business Day" means any day that is not a Saturday, Sunday or federal holiday.
      • "Eligible FI Account" means my Tech CU deposit account that is eligible to be used with the A2A service and is enrolled in the service.
      • "You" and "your" refer to you, the client who agrees below to the terms and conditions of this Agreement.
      • "NACHA" means the National Automated Clearinghouse Association.
      • "Verified Account" means an account that I own at another financial institution located in the United States that is enrolled in the A2A service.
      • "Credit Union" and "Tech CU" refer to Technology Credit Union
    3. Description of Service - The A2A service enables you to request a transfer of funds: (1) from your Eligible Tech CU Account to a Verified Account (you hold at another financial institution); or (2) from a Verified Account to your Eligible Tech CU Account. Tech CU uses the ACH Network to execute your A2A requests, but other methods of transfer may also be used. All requests must be made through Tech CU and are subject to the terms of this A2A User Agreement, each as in effect from time to time, other agreements and applicable laws and regulations.
    4. A2A Service Fees and Charges - You understand and agree that you am responsible for paying all fees associated with your use of the A2A Service. You authorize Tech CU to charge your eligible Tech CU Account (or any other of your accounts at Tech CU) for any service fees and charges applicable to transfers requested through the A2A service in accordance with Tech CU's fee schedule in effect at the time you make an A2A transfer request. Tech CU reserves the right to change the fees charged for the use of the A2A service. A copy of the Fee Schedule for the A2A service is provided below.
    5. A2A Service Fee Schedule
      Type of Transfer Fee
      Incoming to Tech CU NO FEE
      Outgoing from Tech CU NO FEE
    6. Limits on A2A Transfers - The following limits on transfer amounts are calculated against all outstanding transfers, which are transfers that have been requested but not yet paid. Transactions are risk rated at the time of the transaction. Due to a transaction being classified as high or medium risk there may be a delay and/or the transaction may be canceled.

      Transfer Amounts
      Maximum Up to $10,000.00*
      Daily Limit Up to $10,000.00*
      Monthly Limit Up to $50,000.00*
      *Limits may vary by account.

      For purposes of the "monthly" transfer limits for the A2A service, a month means the thirty (30) calendar days immediately prior to the date on which an A2A transfer request is executed (i.e., originated) by Tech CU on your behalf.
    7. Authorization to Transfer Funds Using A2A Service - You hereby represent and warrant to Tech CU, its directors, officers, employees and agents that you own each Eligible Tech CU Account, Verified Account and have full right and authority to all the funds on deposit therein. In addition, you authorize Tech CU to execute and charge your Eligible Tech CU Account(s) for any A2A transfer request to a Verified Account and from a Verified Account to your Eligible Tech CU Account, including any related fee, subject to any applicable limit as to dollar amount, time delays to complete certain types of transfers when your A2A transfer requests are made in accordance with the procedures established by Tech CU. You understand and acknowledge that Tech CU has no obligation to execute any request for a transfer using A2A that is not initiated in accordance with such procedures. You further acknowledge that the acceptance and processing of an A2A transfer request is subject to the terms and conditions stated in this Agreement, as amended from time to time. This authorization shall remain in full force and effect until you have informed us by telephone at 408-451-9111 or 800-553-0880 (outside the 408 area), by secure e-mail, or by regular mail at Technology Credit Union, PO Box 1300, San Jose, CA 95108-1300, that you have revoked your authorization and Tech CU has a reasonable opportunity to act on it.
    8. Information Relied Upon by Tech CU - You acknowledge and agree that Tech CU is relying upon the information you provide in originating an A2A transfer on your behalf. Any errors in the information, including incorrect or inconsistent account names and numbers or the ABA number or name of the financial institution holding your Verified Account are your responsibility. Although you represent and warrant to you that you am the owner of each Verified Account and describe it to Tech CU by name and account number (or any other number), you understand and agree that if A2A transfer instructions identify a Verified Account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such number does not correspond to the name. You understand that financial institutions holding your Verified Accounts may not investigate discrepancies between names and numbers. In addition, you agree that Tech CU has no responsibility to investigate discrepancies between names and account numbers.
    9. Limited Power of Attorney - In connection with any request to transfer funds using the A2A service, you hereby give to Tech CU a limited power of attorney and appoint Tech CU as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for Tech CU and in Tech CU’s name, place and stead, in any and all capacities, to originate deposits in to or withdrawals from your Verified Accounts, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting such funds transfers, verifying the content and authenticity of any A2A transfer instruction, complying with all applicable security procedures applicable to such transfers, as fully to all intents and purposes as you might or could in person. Once Tech CU has actual knowledge that you wish to cease using the A2A service as provided in this Agreement or as otherwise permitted in this Agreement and Tech CU has a reasonable opportunity to act on such knowledge, this limited power of attorney shall be deemed revoked; provided, however, that any act done by Tech CU in good faith before Tech CU has actual knowledge of termination by you and a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. You understand and agree that at all times your relationship with the financial institution that maintains each Verified Account is independent of Tech CU and your use of the A2A service. You shall not hold Tech CU responsible for any acts or omissions by the financial institution maintaining a Verified Account with respect to it, including without limitation any modification, interruption or discontinuance of it. YOU ACKNOWLEDGE AND AGREE THAT WHEN TECH CU ORIGINATES A REQUEST FOR A TRANSFER USING THE A2A SERVICE, TECH CU IS ACTING AS YOUR AGENT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TECH CU AS YOUR AGENT UNDER THIS LIMITED POWER OF ATTORNEY AS MORE FULLY DESCRIBED BELOW.
    10. Security Procedures - You agree that Tech CU will initiate a funds transfer request for you only after you access your Eligible Tech CU Account(s) through its Online/Mobile Banking Service using your identification number and password. Tech CU shall not be liable for any delay in processing your A2A transfer request if you fail to comply with this security procedure (or any other that maybe established by Tech CU from time to time). You acknowledge and agree that Tech CU has established commercially reasonable security procedures for the A2A service. You understand that the security procedures are designed to authenticate your identity before accepting a request for an A2A transfer and not to detect errors in the content of your instruction.
    11. Verification of Accounts at Other Financial Institution - After agreeing to this Agreement and providing any additional information requested, you may enroll accounts that you hold at other financial institutions (each, a "Third Party Account") in the A2A service. You hereby authorize Tech CU to verify a Third Party Account by confirmation of trial deposits or through a third party service, such as “Plaid”. If your account is verified through confirming trial deposits, you authorize Tech CU to verify your Third Party Account through the use of a trial transfer, in which one or more low value payments will be credited to the account. Sometimes, a low value payment will be both credited to and debited from the account. The trial credit will always occur before the trial debit and will always be of the same or lesser amount. In either case, Tech CU will then ask you to verify the amount of the each deposit made into such account. A2A Transfers - Funds should be credited to your account within 3 Business Days. The Business Day on which a request for a transfer is made begins at 3:00 p.m. Central Time ("CT") and ends at 3:00p.m.CT of the following Business Day. (Example: If Monday and Tuesday are both Business Days, you can make a "Monday" request between 3:00 pm CT on Monday afternoon up until 3:00 p.m. CT on Tuesday afternoon.)
    12. Execution of a Request for an A2A Transfer - Your request will be executed if completed before 4:00 pm PT. Any requests received after 4pm PT will be processed the next business day.
    13. ActionsTakenUponanUnsuccessfulA2ATransfer -If a requested funds transfer could not be completed, you will contact the financial institution where my Verified Account is held in order to understand the reason for such failure. You understand that it is not the responsibility of Tech CU to make sure the transfer is successful.
    14. Rejection of an A2A Transfer Request – Tech CU reserves the right to reject your funds transfer request. Tech CU may reject your request if the dollar value of one or more of your transfer requests exceed your daily or monthly transfer limit (as more fully described above), if you have insufficient available funds in your Eligible Tech CU Account for the amount of the A2A transfer, plus any applicable fee, if your request is incomplete or unclear, if Tech CU identifies a security risk related to a requested transfer or if Tech CU is unable to fulfill your request for any other reason.
    15. Cancellations, Amendments or Recalls of an A2A Transfer Request – You may cancel or amend a funds transfer request only if Tech CU receives your request prior to Tech CU’s execution of the funds transfer request and at a time that provides Tech CU with a reasonable opportunity to act upon that request. If your funds transfer request has been executed by Tech CU, you understand and agree that the request to recall or amend the funds transfer will be effective only with the voluntary consent of the financial institution holding the Verified Account. If you decide to recall or amend your funds transfer and your request has already been executed by Tech CU, Tech CU will first have to check with the beneficiary financial institution to determine whether or not the beneficiary financial institution will return your funds. If the beneficiary financial institution confirms that the funds are returnable and agrees to do so, once the funds are returned to Tech CU by the beneficiary financial institution, Tech CU will return the funds to you. The amount that is returned to you may be less than you originally transferred because of service charges of the beneficiary financial institution and/or Tech CU. Tech CU shall not be liable to you for any loss resulting from the failure of the beneficiary financial institution to agree to a recall or amendment of your funds transfer request.
    16. Transfers Subject to the Rules of the Third Party Accounts -Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Third Party Accounts. You agree not to request any A2A transfers from or to Verified Accounts that are not allowed under the rules or regulations applicable to such accounts.
    17. Delays, Non-Execution of Funds Transfer Request - You agree that Tech CU shall not be responsible for any delay, failure to execute, or miss-execution of your funds transfer request due to circumstances beyond Tech CU's reasonable control - including, without limitation, any inaccuracy, interruption, delay in transmission, or failure in the means of transmission of your funds transfer request to the financial institution or execution of such request by the financial institution, whether caused by strikes, power failures, equipment malfunctions, or acts or omissions of any intermediary financial institution or beneficiary financial institution. TECH CU MAKES NO WARRANTIES, EXPRESS OR IMPLIED - INCLUDING THE FAILURE OF ANY INTERMEDIARY FINANCIALINSTITUTION OR BENEFICIARY FINANCIAL INSTITUTION TO CREDIT YOUR BENEFICIARY WITH THE AMOUNT OFTHE FUNDS TRANSFER AFTER RECEIPT OF SAME WITH RESPECT TO ANY MATTER.
    18. Unauthorized A2A Transfers - You understand that if you think that someone else has learned your access credentials for Tech CU's Digital Banking Service or an unauthorized A2A transfer or other type of online transaction has been made from one of your accounts, you must notify Tech CU immediately by calling 408-451-9111 or 800-553-0880 (outside the 408 area). Or, if you am unable to telephone Tech CU, by secure e-mail or in writing to Tech CU, PO Box 1300, San Jose, CA 95108-1300. By providing such prompt notice, you may limit your personal liability for unauthorized transfers.
    19. Significance of E-Mail Notices about A2A Service -You agree that all e-mail notices sent to you regarding status of your A2A transfer requests are simply service messages and will not constitute a transaction receipt or an official record with respect to an A2A transfer. You acknowledge and agree that these notices will be sent to the e-mail address listed in Digital Banking, even if you have informed Tech CU separately in the past (or choose to do so in the future) to not send you marketing messages at that same e-mail address.
    20. Means of Transfer - You understand that Tech CU uses a variety of ACH processing channels and facilities to make funds transfers, but will ordinarily use the ACH Network. Tech CU may choose any reasonable means that Tech CU considers suitable to complete a transfer that you request using the A2A service. You authorize Tech CU to choose the means you deem suitable to cause each of your A2A transfer requests to be completed successfully. These other choices include ACH processing channels, electronic means, funds transfer systems, regular or express mail, courier, telecommunications services, intermediary financial institutions and other organizations. You agree to be bound by the rules and regulations that govern any applicable funds transfer systems, including, but not limited to, the ACH Network, NACHA and Federal Reserve System.
    21. Currency of Funds Transfer - The A2A service is available for funds transfers to Verified Accounts in the United States only and is made in U.S. dollars only.
    22. No Unlawful or Prohibited Use -AsaconditionofusingtheA2Aservice, you warrant to Tech CU that you will not use the A2A service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the A2A service in any manner that could damage, disable, overburden, or impair the A2A service or interfere with any other party's use and enjoyment of such service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the A2A service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
    23. Service Changes and Discontinuation - Tech CU may modify or discontinue the A2A service, with or without notice, without liability to you at any time. Tech CU reserves the right, subject to applicable law and regulation, to terminate your right to use the A2A service at anytime and for any reason, including, without limitation, if Tech CU, in its sole judgment, believes you have engaged in conduct or activities that violate any of the terms of this Agreement or, if you provide Tech CU with false or misleading information or interfere with other users or in the administration of the A2A service.
    24. Indemnity - In consideration of the Agreement by Tech CU to act upon your request to make an A2A transfer in the manner provided in this Agreement, you agree to indemnify and hold Tech CU, its directors, officers, employees and agents harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses -including reasonable attorney's fees - in connection with or arising out of Tech CU acting upon A2A transfer instructions pursuant to this Agreement. This indemnity shall not be effective to relieve and indemnify Tech CU against its gross negligence, bad faith, or willful misconduct.
    25. Claims; Limitation of Liability; No Warranty - You agree that within thirty (30) days of the A2A transfer, you will tell Tech CU of any errors, delays, or other problems related to your request. If your funds transfer request is delayed or erroneously executed as a result of Tech CU's error, Tech CU's sole obligation to you is to pay or refund such amounts as may be required by applicable law. Any claim for interest payable by Tech CU shall be at Tech CU's published savings account rate in effect on the account from which the funds transfer was made. In any event, if you fail to notify Tech CU of any claim concerning my funds transfer within sixty (60) days of the A2A transfer any claim by you shall be barred under applicable law.

      YOU AGREETHAT TECH CUSHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) YOU GRANTING TECH CU AUTHORITY TO VERIFY A THIRD PARTY ACCOUNT; (2) TECH CU’S DEBIT AND/OR CREDIT OF A VERIFIED ACCOUNT OR TECH CU’S INABILITY TO DEBIT AND/OR CREDIT SUCH ACCOUNT(S) IN ACCORDANCE WITH YOUR A2A TRANSFER INSTRUCTIONS; (3) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHERFINANCIALINSTITUTIONINCONNECTIONWITHVERIFYINGATHIRDPARTYACCOUNTOREXECUTING A TRANSFER WITH A VERIFIED ACCOUNT; (4) ANY CHARGES IMPOSED BY THE FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT; AND (5) ANY TRANSFER LIMITATIONS SET BY A FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT. IN NO EVENT SHALL TECH CU BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR A2A TRANSFER REQUEST. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT. TECH CU, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. TECH CU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE A2A SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE A2A SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY TECH CU FROM ANY FINANCIAL INSTITUTION HOLDING ANY VERIFIED ACCOUNT OR THAT THE A2A SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
    26. Amendments -You agree that Tech CU reserves the right to change the terms and conditions of this Agreement as required by law or policy. Unless otherwise required by law, Tech CU may amend this Agreement without prior notice to you. If Tech CU chooses to notify you of an amendment or are required to do so by law, Tech CU may ask me to agree to an amended version of this Agreement electronically, or mail or deliver a separate notice, statement message or electronic message to you at the last address or e-mail you have on file for you.
    27. Governing Law -This Agreement shall be governed by the laws of the state of California.
    28. Electronic Consent and Acceptance of Terms and Conditions - In order to enroll to use the A2A service, you consent to receive and accept the terms and conditions of the User Agreement for the Account to Account Service, and any amendments to it, electronically. In the event any change to this Agreement requires prior notice to you, Tech CU will notify you by e-mail address listed in Digital Banking Service, of the new or different terms and conditions or will provide me with a link within such e-mail where you may view the new or different terms and conditions on a web site. You understand and agree that Tech CU reserves the right to provide any such notices to you in printed form. A record of each funds transfer request will be made available to you electronically at the time each A2A transfer is requested and in summary form as part of the periodic statement for your Eligible Tech CU Account to or from which the A2A transfer is requested. You may withdraw my consent to having this information provided to you electronically by calling Tech CU at 408-451-9111 or 800-553-0880 (outside the 408 area); however, by doing so you understand that you will terminate your right to use the A2A service. Withdrawing your consent in this manner will not prevent you from re-enrolling for the A2A service. You understand that you can also obtain a printed copy of this Agreement by calling 408-451-9111 or 800-553-0880 (outside the 408 area.
    29. Consent and Agreement - By clicking on the "I Agree" button, you agree: (1) to receive information about the A2A service, including the Agreement and any subsequent amendments to it, electronically; and (2) have received an electronic version of the Agreement and Fee Schedule and agree to be bound by the terms and conditions contained therein. Because enrollment for the A2A service can only occur electronically, you understand that I will be unable to proceed if you do not click on this button. Tech CU reserves the right to provide information and notices about the A2A service to you by non-electronic means.

    III. YODLEE Account Aggregation Service

    By using the account aggregation services, you hereby agree to the following:

    1. Provide Accurate Information. You, the End User, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
    2. Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
    3. Content You Provide. You are licensing to your financial institution, Technology Credit Union, and its service providers, including Yodlee, Inc. (“Service Providers”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Your financial institution and its Service Providers may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, your financial institution and its Service Providers may use the Content for the purposes set out above. As between your financial institution and its Service Providers, your financial institution owns your confidential account information.
    4. Third Party Accounts. By using the service, you authorize your financial institution and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant your financial institution and its Service Providers a limited power of attorney, and you hereby appoint your financial institution and its Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, your financial institution shall have access to your account credentials, including, but not limited to login username and passwords.
    5. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
    6. YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    7. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
    8. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
    9. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
    10. Indemnification . You agree to protect and fully compensate your financial institution and its Service Providers and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

      You agree that the Service Providers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if the Service Providers were a party to this Agreement.

    IV. Bill Pay Terms and Conditions

    1. SERVICE DEFINITIONS

      "Service" means the Bill Payment Service offered by Technology Credit Union, through CheckFree Services Corporation.

      "Agreement" means these Terms and Conditions of the bill payment and e-mail payment service.

      "Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills or e-mail payments, as the case may be.

      "Payment Instruction" is the information provided by you to the Service for a bill payment or e-mail payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

      "Payment Account" is the checking account from which bill payments or e-mail payments will be debited.

      "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

      "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.

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

      "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
    2. BILL PAYMENT SCHEDULING

      Transactions begin processing one (1) to four (4) Business Days prior to your Scheduled Payment Date depending on the payee. The application will not permit you to select a Scheduled Payment Date by which a payment cannot be delivered. 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.
    3. THE SERVICE GUARANTEE

      Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" in this Agreement.
    4. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

      By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

      When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

      The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
      1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
      2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
      3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
      4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
      5. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
      6. PAYMENT METHODS

      The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
    5. PAYMENT CANCELLATION REQUESTS

      You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited; therefore, a stop payment request must be submitted.
    6. STOP PAYMENT REQUESTS

      The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also 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 Member Services. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days.
    7. PROHIBITED PAYMENTS

      Payments to Payees outside of the United States or its territories are prohibited through the Service.
    8. EXCEPTION PAYMENTS

      Tax payments and court-ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
    9. BILL DELIVERY AND PRESENTMENT

      This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
      1. Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
      2. Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
      3. Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
      4. Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
      5. Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
      6. Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
      This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
    10. EXCLUSIONS OF WARRANTIES

      THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    11. PASSWORD AND SECURITY

      You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 408-451-9111 or 800-553-0880 (outside the 408 area) during Member Services business hours. You may also notify the Service at once by using the application's e-messaging feature.
    12. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

      If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
    13. ERRORS AND QUESTIONS

      In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
      1. Telephone us at 408-451-9111 or 800-553-0880 (outside the 408 area) during Member Services business hours;
      2. Contact us by using the application's e-messaging feature; and/or,
      3. Write us at:
        Technology Credit Union
        PO Box 1300
        San Jose, CA 95108-1300
      If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
      1. Tell us your name and Service account number;
      2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
      3. Tell us the dollar amount of the suspected error.
      If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
    14. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

      It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
      1. Where it is necessary for completing transactions;
      2. Where it is necessary for activating additional services at your request;
      3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
      4. To a consumer reporting agency for research purposes only;
      5. In order to comply with a governmental agency or court orders; or,
      6. If you give us your written permission.
    15. SERVICE FEES AND ADDITIONAL CHARGES

      There are no usage fees currently associated with the Service. However, any financial fees associated with your standard accounts will continue to apply. Please refer to the Technology Credit Union Consumer Schedule of Fees and Charges for account fees. 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.
    16. RIGHT TO DEACTIVATE SERVICE

      Technology Credit Union reserves the right to deactivate your Service after 90 consecutive days of inactivity. You may reactivate your Service at any time, by enrolling in the Service.
    17. RIGHT TO RECEIVE DOCUMENTATION

      All transactions using the Service will be reflected on your monthly statement for the Payment Account.
    18. FAILED OR RETURNED TRANSACTIONS

      In using the Service, you are requesting the Service 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 Service. In such case, you agree that:
      1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
      2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
      3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
      4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
      5. The Service is authorized to report the facts concerning the return to any credit reporting agency.
      6. ALTERATIONS AND AMENDMENTS
      7. This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

    19. ADDRESS OR BANKING CHANGES

      It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Member Services. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

       

    20. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

      In the event you wish to cancel the Service, you may have the ability to do so through Online Banking, or you may contact Member Services via one of the following:

       

      1. Telephone us at 408-451-9111 or 800-553-0880 (outside the 408 area) during Member Services business hours; and/or
      2. Write us at:

        Technology Credit Union
        PO Box 1300
        San Jose, CA 95108-1300
      Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
    21. PAYEE LIMITATION

      The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it 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.
    22. RETURNED PAYMENTS

      In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.
    23. INFORMATION AUTHORIZATION

      Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).
    24. DISPUTES

      In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Member Services Department says and the terms of this Agreement, the terms of this Agreement will prevail.
    25. ASSIGNMENT

      You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
    26. NO WAIVER

      The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service 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.
    27. SEVERABILITY

      If any provision of this Agreement is unenforceable, the remaining provisions will remain in effect.

       

    28. CAPTIONS

      The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
    29. GOVERNING LAW

      This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.

      THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

    V. ZELLE SERVICES ADDITIONAL TERMS

    THE TERMS AND CONDITIONS BELOW ARE ONLY APPLICABLE TO THE ZELLE® TRANSFER SERVICES. THESE TERMS DO NOT APPLY TO ANY OTHER PRODUCT OR SERVICE OFFERED OR PROVIDED BY TECHNOLOGY CREDIT UNION AND DO NOT GOVERN THE TECHNOLOGY CREDIT UNION MEMBER RELATIONSHIP.

    GENERAL TERMS FOR EACH SERVICE

    1. Introduction. This Terms of Service document (hereinafter “Agreement”) is a contract between you and Technology Credit Union (hereinafter “we” or “us”) in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a “Service”) offered through our online banking site or mobile applications (the “Site”). The Agreement consists of these General Terms for Each Service (referred to as “General Terms”), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

    2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a “Definitions” Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.

    3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.

    4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).

    5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

    6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: Technology Credit Union, P.O. Box 1300, San Jose, CA 95108-1300. We may also be reached at 408-451-9111 or 800-553-0880 (outside the 408 area) for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.

    7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

    8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

    9. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

    10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

    11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

    12. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

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

    1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
    2. Payments that violate any law, statute, ordinance or regulation; and
    3. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
    4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
    5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
    6. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or debt settlement services; and
    7. Tax payments and court-ordered payments.

      Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

    14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.

    15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.

    16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with the Member Contact Center for the Service in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.

    17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

    18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

    1. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
    2. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
    3. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

      19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting the Member Contact Center for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

    20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:

    1. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
    2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.

    21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

    22. Errors, Questions, and Complaints.

    1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
    2. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
      1. Tell us your name;
      2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
      3. Tell us the dollar amount of the suspected error.
    3. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. For errors involving new Eligible Transaction Accounts, we may take up to ninety (90) days to investigate your complaint or question and up to twenty (20) Business Days to provisionally credit your Eligible Transaction Account. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

    23. Intellectual Property. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

    24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

    25. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

    26. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

    27. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.

    28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

    29. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 28 of the General Terms above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 28 of the General Terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

    30. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.

    31. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

    32. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.

    33. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    34. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    35. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

    36. Definitions.

    1. “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
    2. “Affiliates” are companies related by common ownership or control.
    3. “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
    4. “Eligible Transaction Account” is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
    5. “Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
    6. “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
    7. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

    ZELLE® AND OTHER PAYMENT SERVICES ADDITIONAL TERMS

    1 Description of Services.

    1. We have partnered with the Zelle Network® (“Zelle®”) to enable a convenient way to transfer money between you and other Users using aliases, such as email addresses or mobile phone numbers (“Zelle® Payment Service,” as further described below). Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Financial Institution. THE ZELLE® PAYMENT SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE® PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term “Zelle® and Other Payment Terms” means these Zelle® and Other Payment Services Additional Terms.
    2. In addition to the Zelle® Payment Service, we provide other payment services under these Terms of Service. First, these additional services allow you to send money to people if you provide the Eligible Transaction Account information and other contact information for the Receiver; such transactions are not sent via Zelle®. Second, outside Zelle®, we allow you to establish a one-time payment for a payment recipient for which processing shall be initiated at a later specified date up to one (1) year. Third, outside Zelle®, we enable you to establish a recurring series of payments to a payment recipient for which processing shall be initiated on dates you specify. These three payment services and any other payment services that we provide under these Zelle® and Other Payment Terms are referred to as “Other Payment Services” in these Zelle® and Other Payment Terms. Although future-dated payments and recurring payments are outside Zelle®, we may ultimately send those transactions via Zelle® when the applicable date of payment arrives, in which case the applicable payment transaction is part of the Zelle® Payment Service, not the Other Payment Services. The term “Zelle® and Other Payment Services” means the Zelle® Payment Service and the Other Payment Services.
    3. The Zelle® and Other Payment Services enable you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through other locations besides our Site, such as the Zelle® mobile handset application (“Zelle® Standalone Locations”) and if you choose to initiate or receive a payment at a Zelle® Standalone Location you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the “terms of use” for the Zelle® Standalone Locations and applicable laws and regulations, in each case as in effect from time to time. Subject to the terms of this Agreement, the Zelle ®and Other Payment Services are generally available 24 hours, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®’s control. Live customer service generally will be available Monday through Friday, excluding US financial institution holidays.
    4. The Zelle® Payment Service allows for the delivery of payments to Receivers who are also enrolled in the Zelle® Payment Service through a Payment Network designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. The Zelle® and Other Payment Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle® and Other Payments unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.

    2 Payment Authorization and Payment Remittance.

    1. Section 12 of the General Terms does not apply to the Zelle® Payment Service. When you enroll to use the Zelle® Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle® Payment Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account. In addition to the restrictions set forth in Section 13 of the General Terms, you agree that you will not use the Zelle® and Other Payment Services to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle® and Other Payment Services to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Zelle® Payment Service or share your credentials with a third party to use the Zelle® Payment Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
    2. This Section 2(b) does not apply to the Zelle® Small Business Service (to the extent made available by us). The Zelle® and Other Payment Services are intended for personal, not business or commercial use. You agree that you will not use the Zelle® and Other Payment Services to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle® and Other Payment Services with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle® Payment Service if we believe that you are using the Zelle® Payment Service for business or commercial purposes, or for any unlawful purpose.
    3. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and (ii) receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Payments.” If at any time while you are enrolled, you do not send or receive money using the Zelle® Payment Service for a period of 18 consecutive months, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Zelle® Payment Service until you enroll again. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
    4. When you enroll with Zelle®, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once you have enrolled an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. By providing us with names and mobile telephone numbers and/or email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle® Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
    5. tyle="list-style-type: lower-alpha;">
    6. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including, but not limited to, those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
    7. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
    8. We will use reasonable efforts to complete all your Payment Instructions 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:

      1. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
      2. The Zelle® and Other Payment Services are not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
      3. The payment is refused as described in Section 6 of the Zelle® and Other Payment Terms below;
      4. You have not provided us with the correct information, including, but not limited to, the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
      5. 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 Instruction.
      6. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Zelle® and Other Payment Services (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

      3 Sending Payments.

      1. You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of the Zelle® and Other Payment Services by you shall at all times be subject to (i) this Agreement , and (ii) your express authorization at the time of the transaction for us or another Network Financial Institution to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment if the Receiver has not enrolled in Zelle®. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver not enrolling in Zelle®. For the Zelle® Payment Service, you may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle® Payment Service. As to the Zelle® Payment Service, if the person you sent money to has already enrolled with Zelle®, either in the Zelle® Standalone Locations or with a Network Financial Institution, then the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. Cancellation is addressed more generally in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. You may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately via Zelle®. Via the Other Payment Services, you may also initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (b) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.
      2. Payment Instructions initiated to Receivers require you to provide contact information about the Receiver (including an email address and/or mobile telephone number). If the Receiver does not bank at a Network Financial Institution and has not yet enrolled in Zelle®, then the Zelle® Payment Service will contact the Receiver and request that the Receiver (i) provide information so that the identity of the Receiver may be validated at a Zelle® Standalone Location and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with a Network Financial Institution and has not yet enrolled in Zelle®, then the Zelle® Payment Service will contact the Receiver regarding enrollment in Zelle® and receipt of payment. If the Receiver has already enrolled in Zelle®, then the Receiver will receive a message regarding your payment.
      3. Via the Other Payment Services, we also support the sending of money to Receivers if you provide the Eligible Transaction Account information for the Receiver and other contact information for the Receiver; such transactions are not sent via Zelle®. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 22 of the General Terms (Errors, Questions, and Complaints).
      4. In most cases, when you are sending money to another User using the Zelle® Payment Service, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either via a Zelle® Standalone Location or a Network Financial Institution, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification). We have no control over the actions of other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User.
      5. For the Other Payment Services and those Zelle® Payment Service payments where the Site indicates payment will require more than a Business Day, you understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you and the Receiver should not expect the payment funds to be transferred into the Receiver's Eligible Transaction Account any earlier than the next Business Day after you initiated the Payment Instruction. As part of the Other Payment Services, if you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle®. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
      6. As to Recipients who have not yet enrolled with Zelle®, you acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.

      4 Receiving Payments.

      1. All transfers of money to you shall be performed by a Network Financial Institution per the direction of that Network Financial Institution customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Financial Institution and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Zelle ®Payment Service, you have no ability to stop the transfer. Other Payment Service payments may be cancelled by the Sender as set forth in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. By using the Zelle ®Payment Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled. If another person wants to initiate a Payment Instruction (including in response to a Zelle® Payment Request, if applicable) using the Zelle® Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Zelle® Payment Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Zelle® Payment Service or at a Zelle® Standalone Location. If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
      2. For the Zelle® Payment Service, most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Financial Institutions, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification). You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the payment. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle® Payment Requests, from others through the Zelle® Payment Service.
      3. You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

        5 Requesting Payments. You may request money from another User through a Zelle® Payment Request. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a Zelle® Payment Request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

      In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle® Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any Zelle® Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle® Payment Requests from other Users, and to only send Zelle® Payment Requests for legitimate and lawful purposes. Zelle® Payment Requests are solely between the Requestor and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle® Payment Requests in general, or to specific recipients, if we deem such Zelle® Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

      If applicable, if you as a Requestor initiate a Zelle® Payment Request using the Zelle® Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle® Payment Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Zelle® Payment Request may not receive, or otherwise may reject or ignore, your Zelle® Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle® Payment Request.

      Zelle® Small Business Service Users may not send Zelle® Payment Requests to Users enrolled with Zelle® through Zelle® Standalone Locations.

      6 Payment Cancellation, Stop Payment Requests and Refused Payments. This Section only applies to the Other Payment Services and those Zelle® Payment Services transactions that can be cancelled in the limited circumstances set forth in Section 3(a) (Sending Payments) above. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current fee schedule. Payments not claimed by a Receiver who has not enrolled in Zelle® will be automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

      7 Consent to Emails and Automated Text Messages. Section 8 (Text Messages, Calls and/or Emails to You) of the General Terms does not apply to Zelle® Payment Services. By participating as a User, you represent that you are the owner of the email address, mobile phone number, Zelle® tag and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, Zelle® tag and/or other alias to send or receive money as described in these Zelle® and Other Payment Terms. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Zelle ®and Other Payment Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

      1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees, as message and data rates may apply.
      2. You will immediately notify us if any email address or mobile number you have enrolled is (i) surrendered by you, or (ii) changed by you.
      3. In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
      4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
      5. To cancel text messaging from us, send STOP to 767666. For help or information regarding text messaging, send HELP to 767666 or contact our customer service at 800-553-0880._________. You expressly consent to receipt of a text message to confirm your “STOP” request.
      6. Supported Carriers: AT&T, Sprint, T-Mobile, Verizon and others.
      7. Your phone service provider is not the provider of the Zelle® and Other Payment Services. Users of the Zelle® Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

        8 Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Zelle® and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle® and Other Payment Services or Site. Additional fees may apply for small business Users enrolled in the Zelle® Small Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Zelle® Payment Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Zelle® and Other Payment Services, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient fees in the Eligible Transaction Account.

      9 Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

      10 Returned Payments. In using the Zelle® and Other Payment Services, you understand that Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle®. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle® Payment Service.

      11 Consent to Share Personal Information (Including Account Information). In addition to Section 20 (Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:

      1. As necessary to resolve a problem related to a transfer or payment between you and another User;
      2. To verify the existence of your bank account, or debit card, as applicable;
      3. To comply with government agency or court orders;
      4. To our affiliates, as permitted by law;
      5. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
      6. To comply with inquiries in connection with fraud prevention or any investigation;
      7. For our general business purposes, including without limitation data analysis and audits; or
      8. As otherwise permitted by the terms of our Privacy Policy.

        12 Wireless Operator Data. In addition to Section 20 (Information Authorization) of the General Terms, you acknowledge that we or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Zelle® Payment Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us or our Service Providers solely to allow verification of your identity and to compare information you have provided to us or to Zelle® with your wireless operator account profile information for the duration of our business relationship. See Zelle®’s Privacy Policy at https://www.zellepay.com/privacy-policyfor how it treats your data. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

      13 Liability. Subject to our obligations under applicable laws and regulations, neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Zelle® Payment Service. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE Zelle® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE ® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (For Example, if you do not receive the goods or services that you paid for, or the goods or services that you received are damaged or are otherwise not what you expected).

      14 Disclaimer of Warranties. Section 33 (Exclusions of Warranties) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE® PAYMENT SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE® PAYMENT SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE ZELLE ®PAYMENT SERVICEWILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE ®PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

      15 Limitation of Liability. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE ®PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES.

      IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

      16 Indemnification. Section 30 (Indemnification) of the General Terms does not apply to Zelle® Payment Services. You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Payment Service and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, errors or inability to use the Zelle ®Payment Service, or any violation by you of the terms of this Agreement.

      17 Use of Our Online Banking Site and/or Mobile App. You agree to access the Site in compliance with our terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.

      18 Your Liability for Unauthorized Transfers. Section 16 (Your Liability for Unauthorized Transfers) of the General Terms shall not apply to the Zelle® Payment Service. Immediately following your discovery of an unauthorized Zelle® Payment Service Payment Instruction, you shall communicate with customer care in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability for unauthorized transactions if you notify us within sixty (60) days after your monthly financial institution statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.

      When you give someone your password or other means to access your account through which you access the Zelle® and Other Payment Services, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

      Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household purposes.

      19 Content Standards; Zelle ®Tags.

      1. Content Standards : You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (6) in Zelle®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Payment Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
      2. Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Payment Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Zelle® Payment Service.
      3. The Zelle® Payment Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle® tag.” You will be limited to one Zelle® tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Zelle® Payment Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Payment Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Zelle® Payment Service. We respect the intellectual property of others and require that users of the Zelle® Payment Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Zelle® Payment Service that is subject to intellectual property rights claims.

        20 Arbitration. You acknowledge and agree that for any claims or disputes you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce Section 28 (Arbitration) of the General Terms against you.

      21 Definitions.

      “Network Financial Institutions” means financial institutions that have partnered with Zelle®.

      “Receiver” is a person or business entity that is sent a Payment Instruction through the Zelle® and Other Payment Services.

      “Requestor” is a person that requests an individual to initiate a Payment Instruction through the Zelle® Payment Service.

      “Sender” is a person or business entity that sends a Payment Instruction through the Zelle® and Other Payment Services.

      “User” means you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle®.

      “Zelle® Payment Request” means functionality that allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Zelle® Payment Service.

      “Zelle® Small Business Service” means functionality, to the extent made available by us, that enables a small business User to (i) send Zelle® Payment Requests through the Zelle® Payment Service, and (ii) send and receive Payment Instructions through the Zelle® and Other Payment Services. Users that access the Zelle® and Other Payment Services through a business account shall be classified as Zelle® Small Business Service Users. The Zelle® Small Business Service is included in the definition of “Zelle® Payment Service”.

      Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

      VI. Consent to Receive Disclosures Electronically and Terms and Conditions for Electronic Delivery

      You understand that these Terms and Conditions for Electronic Delivery ("Consent") apply to all Communications for those products, services and Accounts with or related to your membership in Technology Credit Union and its affiliates (collectively, the “Credit Union”), accessible, either currently or in the future, through online banking (whether accessed through a personal computer or mobile device), our websites, message boards, networks or other electronic means. This includes, but is not limited to, the following Account, product, and service types: deposit accounts, credit card, debit card, loan and other products and services that we offer now or in the future.

      The words "we," "us," and "our" refer to the Credit Union and the words "you" and "your" mean you, the individual(s) or entity (and all Account owners) identified on the Account(s). As used in this Consent, "Account" means the account(s) you have with us now or in the future, including ones which you open through online banking and including, but not limited to, deposit, credit card and loan accounts. "Communications" includes, but is not limited to, any customer agreements or amendments thereto, any notices or consents about a change in the terms of an account, monthly billing or account statements, all legal and regulatory consents and communications associated with the account, all other account notices, tax statements (See “Tax Documents” below), consents, other notices, responses to claims, transaction history, interest rate adjustments, newsletters, privacy policies, communications and notices sent to members related to annual meetings, special meetings, proxies, annual reports and any other matters, and all other information and requests related to the product, service or Account or your membership in the Credit Union, including information and notices that we are required or permitted by law to provide to you in writing under or pursuant to the California Corporations Code (“Code”). "Electronic transmission by us" or “electronic transmission from us” means a Communication that we deliver to your facsimile number or electronic mail address (“email”) on record with us in your capacity as a member of this Credit Union by facsimile telecommunication, email or other means of electronic communication including, but not limited to, electronic alerts to mobile or other electronic messaging devices, or posting on a website, an electronic message board or network which we have designated for those Communications.

      1. Your Legal Rights. Certain laws and regulations require us to provide specific information to you in writing, which means you have a right to receive that information on paper. To receive Communications electronically rather than on paper sent through the U.S. mail, review this Electronic Delivery Agreement, and click the I Agree button at the bottom of the page. If you click the I Agree button, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your Consent as described below . Since certain of our Accounts, products or services are provided online and use electronic means to deliver some of this information, you must consent to this Electronic Delivery Agreement to use these services. Additionally, this Consent is your authorization to receive electronic transmission from us in your capacity as a member of the Credit Union. Your Consent will also apply to any other person named on your Account, product or service and will apply to any trust, custodian or guardian account for which you are trustee, custodian or guardian, subject to applicable law. Your Consent shall remain in force until withdrawn in the manner provided in Section 4, unless we have revoked your Consent as a result of non-delivery of email to your address of record on the basis provided elsewhere in this Terms and Conditions for Electronic Delivery.

        Account statements, confirmations and tax documents, will be available through TechCU.com for at least seven years. The length of availability may be subject to change in the future. Please contact us to report any problem with electronic delivery of any document type, to receive information on how to request a paper copy of any electronic document, or if you have any questions about our electronic delivery program.

        If you elect not to receive electronic delivery of Communications from us, you will continue to receive Communications via U.S. Mail. If you have previously elected to receive electronic delivery of certain Communications such as those related to your Accounts, your previous consent(s) will remain effective unless you withdraw consent in the manner provided below under “How to Withdraw Consent.” Electronic transmissions by us under or pursuant to the Code will not be effective if we are unable to deliver two (2) consecutive notices to you in your capacity as a member; or the inability to deliver such notices to you as a member becomes known to the Secretary of the Credit Union or other person responsible for the giving notices.
      2. Tax Documents. A tax document provides important information you need to complete your tax returns. Much of the information we provide in tax documents is also reported to the IRS, so it is important that you know what information we have sent to the IRS. Occasionally, we are required to send you CORRECTED tax documents. Additionally, we may include inserts with your tax documents. When you consent to electronic delivery of your tax documents, you will also be consenting to electronic delivery of these corrected tax documents and inserts. When your tax documents are ready, we will send an email notification with the subject line 'IMPORTANT TAX RETURN DOCUMENT AVAILABLE' where, after you log in, you will find your tax documents. The IRS requires that you must consent in the affirmative and that you can withdraw your consent before the tax document is furnished. Your consent must be made electronically in a way that shows you can access the tax document from us. Prior to furnishing the tax documents electronically, we must provide you with the following information as mandated by the IRS:
        • If you do not consent to receive the tax document electronically, a paper copy will be provided.
        • Your consent continues for every tax year until you withdraw your consent.
        • To obtain a paper copy of your tax documents, you can print one by visiting techcu.com, or you can contact us at the telephone number below and request a paper copy.
        • To withdraw consent, follow the instructions in “How to Withdraw Consent” below. Once we have received and processed your withdrawal of consent, we will confirm in writing, via US mail, that your request has been completed.
        • We may terminate your request for electronic delivery of tax documents without your withdrawal of consent in writing in the following instances:
          1. You don't have a password for your login.
          2. The Account is closed.
          3. You were removed from the Account.
          4. Your role or authority on the Account changed in a manner that no longer allows you to consent to electronic delivery for this document.
          5. We received three (3) consecutive email notifications that indicate your email address is no longer valid.
          6. We cancel the electronic delivery program.
        • If we are unable to complete electronic delivery of tax documents, we will send you a letter via US mail within two (2) business days to inform you that we no longer have a valid email address. This process persists each time we attempt to send you the tax document notification — up to three (3) consecutive attempts as noted above — or until you withdraw your consent for electronic delivery.
        • To access and print your tax documents, you must have:
          1. A techcu.com logon and password.
          2. A valid email account and software to access it.
          3. An up-to-date Internet browser that is JavaScript enabled with 128bit SSL encryption and Internet access.
          4. Adobe Acrobat Reader® or other software to open documents with a device that can print, or, local electronic storage capacity to retain our Communications.
          5. An up-to-date device or devices (e.g. computer, smartphone, tablet, etc.) suitable for connecting to the Internet.
        • On or before the required IRS designated due date for your tax document, you will receive an electronic notification via email when your tax documents are ready for access on techcu.com.
        • If we cancel your participation in the electronic delivery program, we will mail paper copies of your tax documents to you.
      3. Method of Providing Communications to You in Electronic Form. Communications may be provided in HyperText Markup Language (HTML), Portable Document Format (PDF) or other compatible formats. All Communications that we provide to you in electronic form will be provided by one or more of the following methods: (1) via email or alerts to your mobile device, pager or other messaging device; (2) through access to a website, electronic message board, link or other network that we will designate in an email notice (or alert to your mobile device or other messaging device) we send to you at the time the information is available; (3) to the extent permissible by law, by access to a website, message board or other network that we will generally designate in advance for such purpose; or (4) by requesting you download the PDF or HTML file containing the Communication. In connection with all postings by us of Communications on a website, electronic message board or other network that we are required or permitted to post under or pursuant to the Code, we will send you a separate notice via email or other electronic means (including but not limited to alerts to mobile devices) informing you that we have posted information, notices or other information on a website, electronic message board or other network. Any such posting shall be deemed to have been validly delivered upon the later of the posting or delivery of the separate notice. You acknowledge and agree that we are permitted to and will create a record that is capable of retention, retrieval and review and that may thereafter be rendered into clearly legible tangible form in connection with the use of those means of transmission for all Communications under or pursuant to the Code in addition to satisfying the requirements applicable to consumer consent to electronic records as set forth in the Electronic Signatures in Global and National Commerce Act, as amended.
      4. How to Withdraw Consent. You may verify, change or withdraw your Consent to receive Communications in electronic form by:
        • Mailing us at: Tech CU, PO Box 1409, San Jose, CA 95109-1409
        • Contacting Tech CU Customer Service at 800-553-0880, or
        • Visiting techcu.com and sending a secure email
        You will be notified electronically or by mail with a confirmation of changes to your electronic delivery consent elections. Subject to the account agreements, Withdrawal of Consent for paperless Account statements may result in a fee or change in fee. We will not impose any fee to process the withdrawal of your Consent to receive electronic Communications; however your access and use of online banking may be terminated. Any withdrawal of your Consent to receive electronic Communications or electronic transmissions by us will be effective only after we have a reasonable period of time to process your withdrawal.
      5. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to this Consent and your Account, and to maintain and update promptly any changes in this information. If you fail to update or change an incorrect or invalid email address or other contact information, you understand and agree that any Communications including electronic transmissions by us shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, emailed to the email address we have for you in our records, or delivered through other electronic means, provided that any failure of delivery to your address of record has not occurred two (2) consecutive times (or three (3) consecutive times for Tax Documents).
      6. Requesting Paper Copies. You should not expect to receive a paper copy of any electronic Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by mail or telephone at the number above. We may charge you a reasonable service charge, of which we've provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
      7. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing."
      8. Termination/Changes. We reserve the right, in our sole discretion, to discontinue providing electronic any or all Communications to you or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
      9. Email Address of Record for Accounts with Joint and/or Multiple Holders. Only one Account holder's authorization is required to elect to receive electronic Communications and other electronic transmissions from us. In connection with any joint account or account with multiple holders or owners, or any account held or owned by a trustee, by accepting the terms and conditions herein you are representing to us that you have the power and authority to receive all such Communications and electronic transmissions from us without the consent or approval of any other joint or multiple Account holders. The email address of record must be the email address of an account owner who has authority to make transactions and act on behalf of the Account.
      10. Householding of Member Documents. You may Consent to have only one copy of our Annual Report, Notice of Meetings and other electronic Communications delivered to you and any other members sharing your address. Such documents, if related to multiple eligible Accounts or memberships, will be householded indefinitely; however, you may revoke this consent at any time by contacting us at the number above and you will begin receiving multiple copies within 30 days
      11. Acceptance and Consent. I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic documents according to the process described above. I understand that I may incur costs, including but not limited to, online time and other charges from my internet service provider, in accessing, printing and/or viewing such information and document(s). I understand and agree that: (i) certain Communications will continue to be delivered to me via U.S. Mail; (ii) my consent to view or receive Communications electronically does not automatically expire and is not limited as to duration; (iii) the Credit Union and/or its agents may revoke my participation in this electronic Communications program at any time in their discretion; and (iv) neither the Credit Union, nor its agents, will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the products or services provided pursuant to this Consent.

We’re Here To Help

By Phone

Call us anytime
800-553-0880

New loan inquiries
877-988-0471

aperture