Online and Mobile Banking Agreement

This Online Banking and Mobile Banking Agreement states the terms and conditions that govern my use of Online Banking, Mobile Banking and any applicable software products and associated documentation provided through the website, or to use the products, services or functionality offered through the website. As used herein, the term “USF FCU”, “DCU”,“us”, “we”, “our” “Credit Union” means USF Federal Credit Union, or Darden Credit Union; “I”, “my”, “me” means (1) an individual or entity that is the member owner of an account or a joint owner of an account, trustee of a trust account, or (2) an individual authorized by a member account owner, joint account owner, or trustee of a trust account to view account information and/or effect transactions in an account.

I hereby agree to the terms, conditions and agreements which govern my account and any of my joint account(s) at the Credit Union including but not limited to the Membership Application and Account Agreement, the Universal Account Agreement, the Remote Deposit Capture Agreement, and this Online Banking and Mobile Banking Agreement.

By designating my agreement, I acknowledge that I must have my own Password to activate Online Banking which is also the password for Mobile Banking.

I acknowledge and agree that I am personally responsible for all Online and Mobile Banking transactions and the confidentiality of my Password. I understand that if I give my Password to anyone, they will be able to make inquiries, withdrawals, or transfers on my account(s), accessible through Online and Mobile Banking. I further understand and agree that I am responsible for all such transactions and that this authorization shall control any agreement I have with the Credit Union.

I agree that I will cancel and/or change my Password and contact the Credit Union immediately if I become aware that any unauthorized person obtains my Password.

I acknowledge and agree that I am personally responsible for my conduct while using Online and Mobile Banking.

I acknowledge all monetary transactions via my Online and Mobile Banking account(s) will be subject to available funds in my account(s).

I understand this agreement is subject to change with proper written notification(s) by the Credit Union, prior to the effective date of the change(s), or as otherwise provided by law.

The Credit Union may terminate or suspend this Agreement, or terminate, suspend or limit my access privileges to Online and Mobile Banking, in whole or part, at any time for any reason without prior notice. I may terminate this agreement at any time, by giving written notice to the Credit Union at PO BOX 47989, Tampa, FL 33646-0117.

The site may contain links to other third party web sites. We are not responsible for, nor do we control, the content, products or services advertised on those sites. In addition, each third party site may provide less security than we do and have a privacy policy different than ours.  I acknowledge my access, use and reliance upon such content, products or services is at my own risk.

In the event of a system failure or interruption, my data may be lost or destroyed.  Any transaction(s) that I initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by me through means other than online and/or mobile device to ensure the accuracy and completeness of such transaction(s).  I assume the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

My ability to access Online and Mobile Banking may be limited during periods of systems upgrades and maintenance or for other reasons.  If the Online and Mobile Services are not available for transactions, or if conditions render its use inappropriate, I agree to use alternative means. The Credit Union will not be liable to me if I am unable to access the Online and Mobile Service or complete transactions.

I understand that transactions through Online and Mobile Banking will occur via the Internet and although the Credit Union uses several layers of technology to ensure the confidentiality of transactions across the Internet, security begins with my browser. Access to the Internet and an Internet browser which supports HTML 4.0 and 128-bit SSL encryption and JavaScript, such as Mozilla Firefox, Google Chrome, Safari, or Internet Explorer 9 and higher may ensure the highest level of security for my Internet transaction. I also understand that I should exit my browser and/or mobile app when leaving the computer and/or mobile device unattended so that no one other than myself can view my account information. The Credit Union shall not be liable in any case for incidental, consequential, punitive or direct damages, attorney's fees, or court costs to me due to the fraudulent use or misuse of Online and Mobile Banking. The Credit Union will never contact me or email me requesting that I verify my Online and Mobile Banking login-in or password.

In accordance with the Telephone Consumer Protection Act (47 U.S.C 227), I consent to the Credit Union and its agents contacting me at any telephone number I have provided to the Credit Union using natural or artificial voice calls, automatically dialed calls, prerecorded messages, text messages, e-mails, and any other method, to deliver information and marketing messages, and for all other lawful purposes. In providing the telephone number, I confirm I am the subscriber or customary user of the number provided. I agree to notify the Credit Union of any change in the numbers provided. I understand this consent is not required as a condition of purchasing any property, goods or services, and that I may revoke consent.

Remote Deposit Capture

Member shall be responsible to complete proper scanning of the front and back of each Check/negotiable instrument (“Item”). Member must insure that a full image is displayed and aligned properly complying with the requirements of the Check Clearing for the 21st Century Act (“Check 21 Act”). Member shall be responsible for verifying the accuracy of the MICR capture by visually viewing the Item displayed on the screen and comparing it to the MICR field. Member shall be responsible for insuring the MICR is captured accurately by re-scanning the item or making necessary edits. The name of the payee on each Item shall be only that of the Member, and shall not include an additional payee(s) or be a third-party that endorsed the item to the Member. All Items must include the drawer's signature or indicate the drawer’s name on the original check before the Member submits said Checks for deposits as Check 21 Items. Member states that the endorsement is his own and proper for deposit at the Credit Union.

Member must retain the original Item used to create a check, e.g. the Check 21 Item (“electronic item”) for a period of 14 days in a secure location and be able to produce the original item if requested by the Credit Union. On the 14th day, the Member shall destroy the original Item used to create an electronic Item. All items submitted by Member as electronic Items received by Remote Deposit Capture will be deposited into the members account in accordance with Credit Union's funds availability policy.

Notwithstanding anything contained herein to the contrary, the Credit Union’s only obligation shall be to utilize ordinary care in processing and depositing acceptable electronic Items and the Credit Union shall have no liability for the processing or deposit of any electronic Item which does not conform to the foregoing standards.

Member warrants to the Credit Union that no Item will be duplicated for deposit either through use of Remote Deposit Capture or deposited separately as a physical deposit of the original Item for any Item submitted to the Credit Union as an electronic Item. Member warrants to the Credit Union he will indemnify and reimburse all damages claimed against the Credit Union as to any alleged violation of the Check 21 Act relating to any transaction subject to this Agreement. Member warrants to the Credit Union that the Substitute Check and electronic Item meet all the requirements for legal equivalence described in Regulation CC §229.51. Member shall indemnify the Credit Union for any loss incurred as a result of the Credit Unions acceptance of an electronic item instead of the original check.

This Agreement shall be construed in accordance with and governed by the laws of the State of Florida and Regulation E. In the event that Member commences legal action seeking monetary, declaratory, or injunctive relief with respect to enforcement, interpretation, or violation of this Agreement the parties (i) agree that any such action may be commenced only in a court of competent subject-matter jurisdiction in Hillsborough County, Florida, (ii) consent to venue and personal jurisdiction in such a court, and (iii) waive any defense of lack of venue or personal jurisdiction in any such suit, action, or proceeding. The parties further agree to binding arbitration and waive any right to class action litigation.

Your accounts can be accessed under Mobile Banking via mobile device or other approved access device. We reserve the right to refuse any transaction. We may set other limits on the amount of any transaction, and you will be notified of those limits. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

The terms and conditions of these services are subject to change without notification to you, unless prior notification is required by law.

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