As permitted by law, You hereby authorize Us to electronically provide any and all documentation (agreements, disclosures, notices, statements, and the like) related to Our various products and services that You may from time to time request and/or use. The electronic transmission of such documentation may be conducted in a variety of means such as: (a) an electronic message ("e-mail") sent to You at the e-mail address specified by You (and/or any other address specified by You); (b) Your active retrieval via the Internet by any Internet access means from a specific Internet location (identified by Us in an e-mail message sent to You by the Credit Union); and/or (c) any other means of electronically providing such documentation. You understand and agree that Your consent will remain in effect until and unless withdrawn by You either in an electronic message sent by You to Us or by written request for withdrawal of Your consent sent by You to the Credit Union. Your withdrawal of consent to receive documentation in this manner will take effect within a reasonable time period following the receipt of Your request. This authorization does not affect Your right to receive such documentation on paper or in a non-electronic form and You may at any time request that any electronically provided documentation be provided in a paper or non-electronic form. You agree to immediately provide Us updated contact information in the event that Your e-mail address (or any other means You have provided Us to contact You) becomes unusable or inaccurate for any reason. A description of the current means used to provide electronic documentation along with current hardware and software requirements to receive such documentation is provided to You separately. You will be provided updated information in the event that We change these methods and/or hardware/software requirements.
To receive electronic records, You understand that the use of a device such as a personal computer ("PC") or internet enabled portable computing device (e.g. smartphone or tablet), that has a graphical user interface, or "browser", capable of accessing and viewing electronic communications reasonably expected to reside on and transmit within the Internet will be required. Additionally, various software, such as that which can view an electronic file in a portable document file ("pdf") format may be required to view certain electronic communications. Our system is currently designed to operate using world wide web technologies and protocols which are adaptable to a wide variety of end user systems. More specifically, Our system uses SSL encryption and requires a browser with an appropriate Root CA Security Certificate and uses TLS Version 1.2 encryption, depending upon the specific browser being used to access the system. Some browsers may require an update to their security certificate to properly connect to the system.
NOTICE. Many electronic communications sent and received over the Internet can be and are often intercepted by unauthorized recipients, beyond the control of the Credit Union. By authorizing the delivery of documentation electronically, You understand and agree that, to the extent permitted by law, the Credit Union cannot and will not be liable for any damages incident to the unauthorized receipt of electronic communications sent by or received from You where such unauthorized receipt is beyond the control of the Credit Union.
Copyright Oak Tree Business Systems, Inc. 2021. All Rights Reserved.
OTBS 074 WEB MBFI (1/21)
THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL STATEMENTS AS REQUIRED BY THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SECTION 1693 ET SEQ) AND ANY SPECIAL INSTRUCTIONS REGARDING THE USE OF OUR INTERNET ACCOUNT ACCESS SYSTEM ("ONLINE BANKING"), WITH ITS CORRESPONDING ACCESS CODE ("ACCESS DEVICE").
Throughout this Agreement And Disclosure, the references to "We," "Us," "Our," and "Credit Union" mean MEMBERS 1ST CREDIT UNION. The words "You" and "Your" mean each person applying for and/or using the service described herein. "Account" means any account or accounts established for You as set forth in these Agreements and Disclosures. Our Internet Account Access System is hereinafter referred to as "Online Banking." “Access Device” means the code or other means of access We may provide, or any combination thereof, that may be used to initiate electronic fund transfers to and from Your Accounts with the Credit Union through use of Our Online Banking system. For joint accounts, read singular pronouns in the plural.
ONLINE BANKING, MOBILE BANKING, AND TEXT BANKING AGREEMENT. This Agreement applies to any electronic fund transfer made to or from Your Account(s) by You or by any user who has access to Your Account with actual, apparent or implied authority for use of Your Account. Electronic fund transfers to and from Your Account can be made through the use of, but may not be limited to Our Online Banking system. An electronic fund transfer is any transfer of funds which is performed through the use of Our Online Banking system. You understand that Your Access Devices are issued by Us and are not transferable. The use of Your Account Access Device is subject to the following terms. You agree: (a) to abide by Our rules and regulations as amended related to the use of Your Account Access Device; (b) that We may follow all instructions given to Machines; and (c) that each withdrawal by You or by any authorized user of Your Access Device(s) may be charged to Your share or checking Account, as appropriate, and will be treated as though it were a share withdrawal except that We may charge withdrawals to Your share Account in any order We determine. You understand that Your Access Device(s) are issued by Us and are not transferable.
We may, but are under no obligation to do so, process an Electronic Fund Transfer that exceeds the balance in Your share and/or checking Account. In the event that any such transfer occurs, You agree to immediately pay Us the overdrawn amount and to the extent permitted by law, any associated fees and charges.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS (PINS) AND/OR ACCESS CODES. You will be issued an Access Device to be used in conjunction with Online Banking transfers. Your use of Your Access Device is Your authorization to Us to withdraw funds from Your share Account or Your checking Account to cover such transactions.
OWNERSHIP OF ACCESS DEVICES. Your Account Access Device will remain Our property and any such Account Access Device We may issue may be cancelled or its use restricted by Us at any time without notice, except as may be required by applicable law. You agree to surrender any such Access Device and to discontinue its use Immediately upon Our request. If applicable, You will be required to return any Account Access Device(s) to Us immediately upon the closing of Your Account.
OTHER AGREEMENT. If electronic fund transfer transactions involve other agreements You have with Us, including but not limited to any other agreements contained in Your Agreements and Disclosures document furnished to You separately, the terms of those agreements will apply as well.
BUSINESS DAYS. Every day is a business day except Saturdays, Sundays and holidays.
TYPES AND LIMITATIONS OF SERVICES. At the present time, You may use Online Banking in conjunction with Your Access Device, an internet connection and a personal computer for the following services: (a) Transfer funds from your share and checking accounts; (b) obtain balance information for your share and checking accounts; (c) make loan payments from your share and checking accounts; (d) access your VISA, Home Equity Lines of Credit and overdraft Line of Credit accounts; and (e) make bill payments to preauthorized creditors. Online Banking operates 24 hours every day. If You attempt to use the system and are told that "the system is not available," please try again later when service is restored.
NOTIFICATION OF PRE-AUTHORIZED DEPOSITS. If You have arranged to have direct deposits made to Your Account at least once every 60 days (from Your employer, the federal government or other payor), You can call Us at (530) 222-6060 or toll free at (800) 303-3838, to find out whether or not the deposit has been made.
RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop any pre-authorized payments, call Us at (530) 222-6060 or toll free at (800) 303-3838, or write to Us at P.O. Box 492395, Redding, CA 96049 in time for Us to receive Your stop payment request 3 business days or more before the payment is scheduled to be made. If You call, We may also require You to put Your request in writing and get it to Us within 14 days after You call. To be sure that a third party does not bill You again for the "stopped" payment or to cancel the entire pre-authorized payment arrangement, contact the third party.
NOTICE OF VARYING AMOUNTS. If regular pre-authorized payments may vary in amount, the person You are going to pay will tell You, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that You set.
OUR LIABILITY FOR FAILURE TO STOP PAYMENT. If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law.
TRANSACTION SLIPS. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. The Online Banking system will not provide a separate receipt or transaction slip in connection with any electronic fund transfers conducted through the Online Banking system.
FEES. We may assess reasonable charges against Your Account for Online Banking transactions. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (c) there are other lawful exceptions established by Us and You are given proper advance notice of them; and (d) You exceed any limits on Your Account.
LIABILITY FOR UNAUTHORIZED USE. Telephone Us at once at (530) 222-6060 or toll free at (800) 303-3838, or write to Us at P.O. Box 492395, Redding, CA 96049 if You believe Your Access Device has been lost or stolen or if You believe that an electronic fund transfer has been made without Your permission. Telephoning is the best way of keeping Your possible losses down. You could lose all of the money in Your Account (plus Your maximum overdraft line of credit, if applicable). If You tell Us within 2 business days after You learn of the loss or theft of Your Access Device, You can lose no more than $50.00 if someone uses Your Access Device without Your permission. If You fail to tell Us within 2 business days after You learn of the loss or theft of Your Access Device and We can prove that We could have stopped someone from using Your Access Device without Your permission if You had told Us, then You could lose as much as $500.00. Also, if Your statement shows transfers that You did not make, including those made by Access Device or other means, You will tell Us at once. If You do not tell Us within 60 days after the statement was mailed to You, You may not get back any money You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You had told Us in time. If a valid reason (such as a long trip or hospital stay) keeps You from giving Us notice, We will extend the time periods.
IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. Telephone Us at (530) 222-6060 or toll free at (800) 303-3838, or write to Us at P.O. Box 492395, Redding, CA 96049 as soon as You can, if You think Your statement or receipt is wrong or if You need more information about a transaction listed on the statement or receipt. We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared.
(1) Tell Us Your name and Account number.
(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 3 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.
UNAUTHORIZED TRANSFERS. To report a lost or stolen Access Device, You will call Us at (530) 222-6060 or toll free at (800) 303-3838. You may also report the loss of an Access Device, by writing to Us at P.O. Box 492395, Redding, CA 96049. You should also call the number or write to the address listed above if You believe a transfer has been made using the information from Your check without Your permission.
DISCLOSURE OF ACCOUNT INFORMATION. We may disclose information to third parties about Your Account or transfers You make: (1) when it is necessary to complete an electronic transaction; or (2) in order to verify the existence and conditions of Your Account for a third party such as a credit bureau or merchant; or (3) in order to comply with a government agency or court order, or any legal process; or (4) if You give Us written permission.
TERMINATION. We may terminate Your right to use Your Access Device, or cancel this Agreement at any time upon written notice. You may request termination of these services in writing.
CHANGE IN TERMS. We may change the terms and charges for the services shown in this Agreement and may amend this Agreement from time to time upon proper notice to You.
GOVERNING LAW. This Agreement is controlled and governed by the laws of the State of California, except to the extent that such laws are inconsistent with controlling federal law.
Copyright Oak Tree Business Systems, Inc. 2021. All Rights Reserved.
OTBS 071I MBFI (1/21)
In this Remote Deposit Capture Agreement ("Agreement"), the words "We," "Us," "Our," and "Credit Union" mean MEMBERS 1ST CREDIT UNION, whereas the words "You," "Your," and "Accountholder" mean the depositor. The word "Processor" means the party(ies) designated to process the transactions contemplated by both Accountholder and Credit Union pursuant to this Agreement. The remote deposit capture service will hereinafter be referred to as "Service." The word "Software" means the application and/or program necessary to capture images of paper checks and transmit those images and associated deposit information to Credit Union or Credit Union’s designated Processor, whereas the word “Hardware” means the device, machine and/or equipment also necessary to capture images of paper checks and to transmit those images and associated deposit information to Credit Union or Credit Union’s designated Processor. The terms Credit Union and Processor may be used interchangeably when used in relation to any services performed by a Processor on behalf of Credit Union including, but not limited to, the receipt and processing of images and check data and any notices related thereto. The word "Check" means those checks that are not classified as prohibited. To the extent applicable, read singular pronouns in the plural.
The Service is designed to allow You to initiate the deposit of Checks remotely to Your share draft/checking account(s) from home or other remote locations through the use of an internet connection, and the designated Software and Hardware.
You acknowledge and agree that any transaction You make pursuant to this Agreement and the Service is not an Electronic Fund Transfer as that term is defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693 et seq.) or Regulation E (12 CFR 1005.1 et seq.). You further acknowledge and agree that the Software and Hardware used must capture an image of both the front and back of each Check to be deposited in accordance with the procedures outlined in this Agreement (“Procedures”). After capture of the front and back images and all other required data and information from the paper Check, You will transmit, via the internet, the requisite images and all other required data and information from or pertaining to the Check to Credit Union or Processor using the required Software and Hardware. Subject to compliance with the terms, provisions and conditions of this Agreement, Credit Union will provisionally credit the account or accounts designated by You for the amount of the deposit(s) on the business day following the business day of the deposit, and will enter the images of the Checks into the collection process in accordance with the provisions of Credit Union's deposit account agreement pertaining to the account(s) into which a deposit is to be made, and this Agreement.
Your use of this Service constitutes Your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify You of any material change via e-mail, text message, or on Our website by providing a link to the revised Agreement or by an online secure message. If required by this Agreement or by applicable law, notice will be given not later than the applicable required number of days in advance of each such material change. You will be prompted to accept or reject any material change to this Agreement the next time You use the Service after the Credit Union has made the change. Your acceptance of the revised Agreement along with the continued use of the Service will indicate Your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate Your acceptance of any such changes to the Service. No changes requested by You shall be effective unless received and agreed to in writing by Credit Union.
Should You fail or refuse to pay any charges under this Agreement, You agree to pay all costs of collection, including reasonable attorney’s fees, that may be incurred by Credit Union. In addition to the Service fees, You agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with the Service, this Agreement, and/or the Software or Hardware. You are also responsible for the costs of any communication lines and any data processing charges payable to third parties.
ELIGIBLE ITEMS AND SECURITY INTEREST
You agree to scan and deposit only those checks that are not classified as prohibited, as defined below. You agree that the image of the Check ("Image") that is transmitted to Credit Union (each such Check and other item a "Check" and, if more than one, "Checks") shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code (1990 Official Text).
The following checks or other items are prohibited from being deposited into Your account(s) pursuant to this Agreement (each a "Prohibited Check" and, collectively, "Prohibited Checks"):
A. checks or items payable to any person or entity other than the person or entity that owns the account in which the check is being deposited;
B. checks or items containing an alteration to any of the fields on the front of the check or item, or which You know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
C. checks or items payable jointly not in the alternative, unless deposited into an account in the name of all payees;
D. checks or items previously converted to a substitute check, as defined in Regulation CC (12 CFR 229.2 et seq.) or which are "image replacement documents" that purport to be substitute checks;
E. checks or items drawn on a financial institution located outside the United States;
F. checks or items that are remotely created checks, as defined in Regulation CC (12 CFR 229.2 et seq.);
G. checks or items not payable in United States currency;
H. checks or items dated more than six (6) months prior to the date of deposit;
I. checks or items prohibited by the Credit Union’s current procedures related to this Service or which are otherwise not acceptable under the deposit account agreement governing Your Credit Union account;
J. checks or items payable on sight or payable through Drafts, as defined in Regulation CC (12 CFR 229.2 et. seq.);
K. checks or items with any endorsement on the back other than that specified in this Agreement;
L. checks or items that have previously been submitted through this Service or through a remote deposit capture service offered at any other financial institution;
M. checks or items that are drawn or otherwise issued by the U.S. Treasury Department; and
N. Money Orders or Postal Money Orders.
If You deposit a Prohibited Check, You agree to indemnify and reimburse Credit Union for, and hold Credit Union harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) Credit Union may incur associated with any warranty, indemnity or other claim related thereto.
You grant Credit Union a security interest in all of Your accounts or other deposits (whether general or special, but excluding any IRA, Keogh or similar tax-favored deposit account) at the Credit Union, and in all funds in such accounts or other deposits, to secure Your obligations to Credit Union under this Agreement. This security interest will survive termination of this Agreement.
HARDWARE AND SOFTWARE
In order to use this Service, You must obtain and maintain, at Your sole cost and expense, a compatible mobile device (e.g. internet enabled smart phone or tablet) and/or other Hardware and Software that meets all technical requirements, as specified by the Credit Union from time to time, for the proper delivery of the Service and that fulfills Your obligation to obtain and maintain secure access to the internet. The Credit Union is not responsible for any third party Software You may need to use this Service. Any such Software is accepted by You "as is" and is subject to the terms and conditions of the software agreement You entered into directly with the third-party software provider at time of download and installation. You understand and agree You may also incur, and shall pay, any and all expenses related to the use of the Service, including, but not limited to, telephone, mobile data, or internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of the Service. You understand and agree that You are solely responsible for the operation, maintenance and updating of all Hardware, Software and services used in connection with the Service and the cost thereof, and You hereby agree that You will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements. Credit Union is not responsible for, and You hereby release Credit Union from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using electronic mail or the internet. Credit Union is not responsible for, and You hereby release Credit Union from, any and all claims or damages resulting from, or related to, defects in or malfunctions of Your Hardware or Software, or failures of or interruptions in any electrical, telephone, mobile data, or internet services. Credit Union hereby advises You, and You hereby agree to scan Your mobile device and/or computer hardware and software on a regular basis using a reliable virus detection product in order to detect and remove such viruses.
ENDORSEMENTS AND PROCEDURES
You agree to restrictively endorse any Check transmitted through the Service with Your name and the legend "For Mobile Deposit Only - Members 1st Credit Union, Account Name __________________________________________, Account No. __________________, or as otherwise instructed by the Credit Union." By way of example and not of limitation:
Members 1st Credit Union
Account Name: _________________
Account No.: _________________
You shall scan the front and back of each Check to be deposited and thereby capture the image of the front and back of each Check and any other required data from each Check and transmit the Images to be deposited and all other required data and information from or pertaining to such Checks to Credit Union or its Processor in accordance with the Procedures. Credit Union reserves the right to amend the Procedures, with or without prior notice to You. You agree to comply at all times with Our secure login procedures established for online account access and Our security procedures, and to safeguard the confidentiality and security of such security procedures and all other proprietary property or information Credit Union provides to You in connection with the Service and to notify Credit Union immediately if You have any reason to believe the security or confidentiality required by this provision has been or may be breached. You acknowledge, understand and agree the security procedures are not designed for the detection of errors. Credit Union is not, and will not be, obligated to detect errors by You or others, even if Credit Union takes certain actions from time to time to do so. To ensure accuracy, You shall key the amount of each Check prior to transmitting the deposit in accordance with the Procedures. You may send multiple deposits to Credit Union or Processor throughout the day, not to exceed the deposit limits set forth in the below provision titled Deposit Limitations.
Each Image of a Check transmitted to the Credit Union through the use of this Service must be legible, as determined in the sole discretion of the Credit Union. Without limiting the foregoing, each Image of each Check must be of such quality that the following information can be clearly read and understood by sight review of such Image:
A. The amount of the Check;
B. The payee of the Check;
C. The signature of the drawer of the Check
D. The date of the Check
E. The Check number;
F. The information identifying the drawer and the paying bank that is preprinted on the Check, including the MICR line; and
G. All other information placed on the Check prior to the time an Image of the Check is captured, such as any required identification written on the front of the Check and required endorsements applied to the back of the Check.
You shall ensure the scanned Image of the Check transmitted to Us includes the full-field MICR encoding on each Check, as well as:
A. the American Bankers Association routing transit number ("RTN");
B. number of the account on which the Check is drawn;
C. when encoded, the amount of the Check; and
D. when encoded, the serial number and the process control field of the Check.
Each Image shall also comply with any other requirements established from time to time by the Credit Union, and shall meet all standards for image quality established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association.
A fee may be charged for this Service. You are responsible for paying the fees for the use of this Service. Any fee that is charged will be disclosed in an accompanying fee schedule provided concurrent with or prior to Your receipt of this Agreement. The Credit Union may change the fees for use of this Service at any time pursuant to the section above titled "Acceptance." You authorize the Credit Union to deduct any such fees from any Credit Union account in Your name, even if such deduction causes an overdraft in that account.
DEPOSIT RECEIPT AND NOTIFICATION
You agree that You shall be solely liable for, and Credit Union shall not have any liability whatsoever to You for, any deposit or the Images or other information contained therein that are not received by Credit Union or for deposits or the Images or other information contained therein that are intercepted or altered by an unauthorized third party or dropped during transmission. You agree that Credit Union has no obligation to accept a deposit and, therefore, We reserve the right to reject any deposit or the Images or other information contained therein transmitted through this Service, at Our discretion, without liability to You. Credit Union has no obligation to notify You of the rejection of a deposit or the Images or other information contained therein and shall have no liability to You for failing to do so. You agree to accept an electronic notification regarding the status of Your transmitted deposits or the Images or other information contained therein, including any notification of holds placed on the deposit or any Image contained therein. A deposit is considered received by Credit Union when a complete copy of the deposit has been written on a Credit Union electronic storage device in conformity with Credit Union’s technical and operational requirements. To meet the Cut-Off Time (as defined below), the deposit must be received by Credit Union prior to the Cut-Off Time and successfully pass the edits for conformity with the technical requirements. For purposes of determining when a deposit has been delivered and received, Credit Union’s records shall be determinative. Upon receipt of a deposit, Credit Union will send a confirmation that We have received the deposit. Your receipt of such confirmation does not mean the transmission was error free, complete or will be considered a deposit and credited to Your account.
Upon receipt of a deposit submitted by You, Credit Union may examine such deposit and the Images and other information contained therein to ensure that You have complied with this Agreement and followed the Procedures. If Credit Union determines that You have not complied with this Agreement or followed the Procedures or if errors exist in the Images or other information contained in the deposit, Credit Union, in its sole discretion, may either reject the deposit or elect to correct the error and accept and process the corrected deposit (a “Corrected Deposit”). As a form of correction, Credit Union may credit Your account for the full amount of the deposit and make any necessary adjustments to the account to correct the error. Credit Union may, at its sole and exclusive option, also perform a risk management analysis of one or more deposits submitted by You to detect potentially fraudulent Checks, and, in its sole discretion, Credit Union may reject any such deposit or the Images or other information contained therein. If, after examination of a deposit and the Images and other information contained therein, Credit Union determines that You have complied with this Agreement and processed and transmitted the deposit in accordance herewith and with the Procedures, the Credit Union shall accept the deposit for deposit to Your account. Notwithstanding the fact that the Credit Union has accepted such a deposit for processing, any credit made to Your Account will be provisional, and You shall remain liable to Credit Union for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against, Credit Union.
AVAILABILITY OF FUNDS
You agree that deposits transmitted using this Service are not subject to the funds availability requirements of Regulation CC (12 CFR 229.1 et seq.). For purposes of this Agreement, every day is a business day, except Saturdays, Sundays and Federal Holidays. Deposits received on a business day that We are open will be considered to have been received on that day, whereas deposits received after We are closed will be considered received on the following business day We are open. Credit Union reserves the right to change the time, and any such change shall be effective immediately and may be implemented prior to Your receipt of notice thereof. You may contact Credit Union at any time to verify the time that is currently in effect. Upon acceptance of the deposit, Credit Union shall provisionally credit to Your account the total amount of the Corrected Deposit or the accepted deposit, as applicable, all of which means that the credit is made to Your account subject to final payment of the Checks and subject to the Credit Union’s account agreement, account disclosures and any other related documents and disclosures. Our policy is to make funds from Your deposits available to You on the same business day We receive Your deposit. Once the funds are available, You can withdraw them in cash and We will use them to pay share drafts and checks that You have written. Even after We have made funds available to You and You have withdrawn the funds, You are still responsible for any Checks You deposit and that are returned to Us unpaid, and for any other problems involving Your deposit.
LAWS, RULES, AND REGULATIONS
You agree to comply with all existing and future operating procedures used by Credit Union for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting checks and drafts, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and the Electronic Check Clearing House Organization and any other clearinghouse or other organization in which Credit Union is a member or to which rules Credit Union has agreed to be bound. These procedures, rules, and regulations (collectively the "Rules") and laws are incorporated herein by reference. In the event of conflict between the terms of this Agreement and the Rules, the Rules will control.
The manner in which the Images are cleared, presented for payment, and collected shall be in the Credit Union’s sole discretion subject to the Rules and Credit Union’s account agreement, account disclosures and any other related documents and disclosures. Credit Union, in its sole discretion, shall select the clearing agents used to collect and present the Images, and Credit Union’s selection of the clearing agents shall be considered to have been designated by You.
MAINTENANCE AND DISPOSAL OF TRANSMITTED CHECKS
You shall clearly and legibly mark the original check "Processed" after You have completed the process of scanning the Check in accordance with the section of this Agreement titled Endorsements And Procedures. Upon Your receipt of a confirmation from the Credit Union that We received Your transmitted Image, You agree to securely store the original Check for a period of fourteen (14) calendar days from the date of the Image transmission. During said fourteen (14) day period, You shall take appropriate security measures to ensure that:
A. only authorized persons shall have access to original Checks
B. the information contained on such Checks shall not be disclosed;
C. such Checks will not be duplicated or scanned more than one time; and
D. such Checks will not be deposited or negotiated in any form.
Upon expiration of the fourteen (14) day period, You shall destroy the original Check You transmitted as an Image using commercially reasonable methods of destruction that will result in the paper-based Item from being able to be processed, and all sensitive personal and financial information undecipherable.
You hereby indemnify Credit Union for, and hold Credit Union harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the destruction of original Checks by You. During the retention period, You agree to promptly (but in all events within five (5) business days) provide the original Check to the Credit Union upon request.
We may establish limits on the dollar amount and/or number of Check Images or deposits from time to time. If You attempt to initiate a deposit in excess of these limits, We may reject Your deposit. If We permit You to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and We will not be obligated to allow such a deposit at other times. The transaction limitations that are presently in effect are set forth below:
|Per Deposit||Per Day||Per 30-Consecutive-Day Period|
We reserve the right to change these limits. Any such change shall be effective immediately and may be implemented prior to Your receipt of notice thereof. You may contact Us at any time to verify the current limits.
RETURN OF CHECKS AND CHARGEBACKS
If any Check deposited by You is dishonored or otherwise returned unpaid by the drawee, or returned by a clearing agent for any reason including, but not limited to, issues relating to the quality of the Image, You understand and agree that since You either maintain the original Check or have destroyed the original Check in accordance with the Maintenance And Disposal Of Transmitted Checks section of this Agreement, the original Check will not be returned and that Credit Union may chargeback an image of the Check to Your account. You further understand and agree the image may be in the form of an electronic or paper reproduction of the original Check or a substitute check. Unless otherwise instructed by the Credit Union, You agree not to deposit the original Check if an Image or other debit as previously described is charged back to Your account. We further reserve the right to chargeback to Your account at any time, any Check We subsequently determined was a Prohibited Check. You agree the Credit Union is not liable for any loss, costs, or fees You may incur as a result of Our chargeback of a Prohibited Check.
ERRORS OF CHECKS DEPOSITED
You agree to notify the Credit Union of any suspected errors regarding Checks deposited through this Service right away, and in no event later than thirty (30) calendar days after the applicable Credit Union account statement is sent. Unless You notify the Credit Union within thirty (30) calendar days, such statement regarding all deposits made through the Service shall be deemed correct, and You are prohibited from bringing a claim against the Credit Union for such alleged error.
You shall provide written notice to Credit Union of any changes to the information previously provided by You to Credit Union. Such notice must be received by Credit Union within five (5) business days of the change. You shall provide any additional information requested by Credit Union within five (5) calendar days of such request. Credit Union retains the right to: (i) review Your Checks, deposits and activities from time to time; and (ii) re-price or terminate the Service based on changes to information You previously provided to Credit Union.
CREDIT UNION’S DUTIES AND RESPONSIBILITIES
Credit Union’s duties and responsibilities are limited to those described in this Agreement, the deposit account agreement, and any other agreements governing the accounts. Credit Union will use commercially reasonable care in performing its responsibilities under this Agreement. You agree to monitor Your account balances and charges, to promptly notify Credit Union if any periodic statement conflicts with Your records, and to refrain from acting on information You have reason to believe is erroneous. In all instances, Credit Union’s and, if the services of a third-party provider are utilized in the provision of the Service, such third party’s sole liability to You shall be limited to the correction of any errors made. Credit Union shall not be responsible for suspension of performance of all or any of its obligations, responsibilities or covenants hereunder, whether expressed or implied, if at any time, or from time to time, compliance therewith is prevented or hindered by, or are in conflict with, any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any act of God or of the public enemy, war, epidemic, strike, or work stoppages of the U.S. Postal Service and commercial carrier(s), or electric power disruption or shortage, telecommunications failure or computer failures; acts, omissions or errors of any carrier and/or agent operating between You and Credit Union or Credit Union and any Federal Reserve Bank or other agency utilized to exercise transfers or any recipients of transferred funds; any incorrect, unauthorized or fraudulent use or other fraud by any person other than Credit Union’s employees; or, without limiting the generality of the foregoing, any other cause or circumstance beyond Credit Union’s control or other conditions or circumstances not wholly controlled by Credit Union, which would prohibit, retard or otherwise affect Credit Union’s complete or partial performance under this Agreement.
Credit Union does not, and cannot, control the flow of any documents, files, data or other information via the Internet, whether to or from Credit Union’s network, other portions of the Internet or otherwise. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt Your connections to the Internet (or portions thereof). Credit Union cannot guarantee that such events will not occur. Accordingly, Credit Union disclaims any and all liability arising out of, resulting from or related to, such events, and in no event shall Credit Union be liable for any damages of any kind (whether in contract, in tort or otherwise) that are attributable or in any way related to the Internet infrastructure or Your or Our ability or inability to connect to the Internet.
You agree that, in the event You are not able to capture, process, produce or transmit a deposit to Credit Union, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, You will deposit the original Checks in a manner consistent with other methods for making deposits provided by Credit Union (such as transporting the originals of all Checks to the nearest office of the Credit Union or an ATM and depositing the original Checks with the Credit Union or in the ATM, or mailing the Checks to the Credit Union) until such time that the outage, interruption or failure is identified and resolved. You hereby acknowledge and agree that Credit Union shall not be liable to You for any loss or damage of any nature sustained by You as the result of Your inability to use the Service. The deposit of original Checks at an office of Credit Union or in an ATM shall be governed by the terms and conditions of the deposit account agreement and not by the terms of this Agreement.
Credit Union may from time to time request information from You in order to evaluate a continuation of the Service to be provided by Credit Union hereunder and/or adjustment of any limits set by this Agreement. You agree to provide the requested financial information immediately upon request by Credit Union, in the form required by Credit Union. You authorize Credit Union to investigate or reinvestigate at any time any information provided by You in connection with this Agreement or the Service and to request reports from credit bureaus and reporting agencies for such purpose. If You refuse to provide the requested financial information, or if Credit Union concludes, in its sole discretion, that Your credit risk is unacceptable, or if You refuse to give Credit Union access to Your premises, to the extent such access is permitted by applicable law, Credit Union may terminate the Service according to the provisions hereof.
In addition to any other warranties contained in this Agreement, You warrant to Credit Union that:
A. You will only deposit Checks that are authorized by this Agreement, the Procedures and the deposit account agreement governing Your account.
B. You will not: (i) create duplicate Images of the Checks; (ii) transmit a duplicate Image to Credit Union; or (iii) deposit or otherwise negotiate the original of any Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to Credit Union, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the Check(s).
C. No subsequent transferees of the Image(s), including but not limited to Credit Union, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check.
D. Each Image You transmit to Credit Union contains an accurate representation of the front and the back of each Check and complies with the requirements of this Agreement.
E. All data and other information You provide to the Credit Union, including, but not limited to, data contained in the MICR line of each Check is complete, accurate and true and complies with the requirements of this Agreement.
F. You will comply with this Agreement and all applicable rules, laws and regulations.
G. You are not aware of any factor which may impair the collectability of the Check.
H. This Agreement is valid and enforceable against You in accordance with its terms, and the entry into, and performance of this Agreement by You will not violate any law, or conflict with any other agreement, to which You are subject.
I. There is no action, suit, or proceeding pending or, to Your knowledge, threatened, which if decided adversely, would affect Your financial condition or if applicable, operations.
J. All Checks and Your transactions are, and will be, bonafide. All signatures on Checks are authentic
K. You agree to indemnify and hold harmless Credit Union from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of Your warranties, representations and/or obligations under this Agreement or any other agreement between You and Credit Union, including, but not limited to, the terms and conditions governing Your account. The terms of this paragraph shall survive the termination of this Agreement.
COOPERATION WITH INVESTIGATIONS
You agree to cooperate with the Credit Union in the investigation of unusual transactions, poor quality transmission, and resolution of client claims, including by providing, upon request and without further cost, any originals or copies of Checks deposited through the Service in Your possession and Your records relating to such Checks and transmissions.
INDEMNIFICATION AND LIABILITY; THIRD PARTY CLAIMS
In addition to any other indemnifications contained elsewhere in this Agreement, You hereby indemnify Credit Union and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from:
A. Your failure to report required changes;
B. Your transmission of incorrect data to Credit Union;
C. Your failure to maintain compliance with the Rules;
D. Credit Union’s provision of the Service;
E. Credit Union’s action or inaction in accordance with, or in reliance upon, any instructions or information received from any person Credit Union reasonably believes to be You;
F. Your breach of any of Your representations, warranties, covenants or other agreements or responsibilities under this Agreement; and/or
G. Your breach or violation of any Rules, provided, however, You are not obligated to indemnify Credit Union for any damages solely and proximately caused by Credit Union’s gross negligence or willful misconduct.
Copyright Oak Tree Business Systems, Inc. 2021. All Rights Reserved.
OTBS 079 MBFI (1/21)
The use of Members 1st Credit Union mobile application constitutes acceptance of this agreement and disclosure.
As used in this Agreement, the following words will have the definitions given below:
- "Account(s)" means your eligible Members 1st Credit Union checking, savings, loan, share certificates and other Members 1st Credit Union products that can be accessed through the Mobile Banking Service.
- "Device" means a cellular telephone or similar wireless communication device onto which you have downloaded software provided by us for the purpose of permitting Mobile Banking. Please consult your plan or provider for details.
- "Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
- "You" and "Your(s)" mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking Service.
- "We"," Us", and "Credit Union" means Members 1st Credit Union.
Mobile Banking Service
Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Members 1st Credit Union account information, use bill pay, transfer funds between your accounts, deposit items remotely and conduct other banking transactions. To utilize the 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 may also reserve the right to modify the scope of the Mobile Banking Service at any time.
Mobile Banking may not be accessible over some network carriers. In addition, the Mobile Banking Service may not be supportable for all Devices. Members 1st Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as (but not limited to) data outages or "out of range" issues.
You agree to accept responsibility for learning how to use Mobile Banking in accordance with the instructions and agree that you will contact us directly if you have any problems with Mobile Banking.
We may modify the Mobile Banking Service from time to time at our sole discretion. In the event of any modifications, you will be notified prior to implementation of modifications. You are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your Device.
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements 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 include 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 uses of or interaction with Mobile Banking), you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other credit union product accessed through this Mobile Banking service is also subject to the Account Agreements and Disclosures provided at time of account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
You may use the Mobile Banking Service to transfer funds between your eligible Members 1st Credit Union accounts. You may not transfer to or from an account at another financial institution using our Mobile Banking Service.
Federal regulation (Reg. D) requires financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted during each monthly statement cycle period, as described in the Deposit Account Agreement and Disclosures.
We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without notice, at our discretion.
Remote Deposit Capture
Deposits to your Members 1st Credit Union account may be made remotely using your smart phone device by submitting an image of the front and back of a check.
Eligible Items for Deposit through Remote Deposit Capture
You agree to submit only “checks” as defined in Federal Reserve Regulation CC. You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code.
- Checks drawn on a foreign bank
- Travelers checks
- Checks payable to an individual not on the account
- An item that contains evidence of alteration
- A check previously converted to a “substitute check”, as defined in Regulation CC
- A stale dated, expired, or postdated item
- Any item that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or for any other reason
- Savings Bonds
Availability of Funds Deposited Through Remote Deposit Capture Deposits made through Mobile Banking using the Remote Deposit Capture method will follow the availability requirements outlined in Regulation CC. Regular hold times are as follows:
To help reduce check fraud, scams and identity theft, Members 1st Credit Union places holds on all check deposits made at ATMs or through Remote Check Deposit. Standard holds last for 24 hours beginning at 11pm each business day evening. Extended holds can be placed on deposits from 2-7 days whereupon a member is notified through the mail. 100% of funds are released on the expiration of a hold. Business days are Monday through Friday and exclude Saturday, Sunday, and all federal holidays. For example, if a member deposits a $100 check at an ATM or via Remote Check Deposit on Monday at 5pm, the funds will not be available until Tuesday at 11pm. If a member deposits the same $100 check on Friday at 5pm, the funds will not be available until Monday at 11pm.
We reserve the right to extend any hold placed in an emergency situation where there is a failure of communications or computer equipment and if we have any reason to believe an item will not be paid.Endorsement, Retention and Disposal of Transmitted Items
- You agree to properly endorse the check on the back as it appears on the Payable to line and the words FOR MEMBERS 1ST CREDIT UNION REMOTE DEPOSIT ONLY are preferred
- You agree to securely store each original check that you deposit using these services for a period of at least sixty (60) days. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you can safely destroy the original check
- You agree to never re-present a check for deposit
- You understand and agree that you are responsible for any loss caused by your failure to secure the original checks
- You will promptly provide any retained check to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide us with the check requested, you will be liable for any unresolved claims by third parties.
Fees Charged for Mobile Banking
Currently, Members 1st Credit Union does not charge fees for subscribing to or using Mobile Banking. However, we may assess fees (a) as described in the applicable product or Account Disclosure Statement or fee schedule (including applicable transfer fees), or (b) for products and services purchased online. We reserve the right to institute or change fees for Mobile Banking by sending you prior notice.
You represent that you are the legal owner of the Accounts and other financial information which may be accessed using Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You represent that you are an authorized user of the Mobile Device you will use to access Mobile Banking. You understand that you are solely responsible to verify that items deposit using the Remote Deposit Capture have been received by us.
Unavailability of Services
You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties. In the event any of the services included in our Mobile Banking Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATMs that accept your deposit, or by night drop, or by mail.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any unauthorized person. If you permit other persons to use your Mobile Device, login information or any other means to access Mobile Banking, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
We make no representations that Mobile Banking will be available for use in locations outside of the United States.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would be considered illegal.
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Members 1st Credit Union, its officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs caused or arising from (1) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Mobile Banking Service; (2) your violation of any law or rights of a third party; or (3) your use, or use by a third party of Mobile Banking.
Lost or Stolen Mobile Device or Password; Unauthorized Transfers
If you believe your Mobile Device, user name (Login ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at (800) 303-3838 or (530) 222-6060. For a description of your and the Credit Union's responsibilities and liability with respect to unauthorized transactions review the appropriate sections of your account's Deposit Agreement.
Please refer to the Deposit Agreement given at account opening for a description of the error resolution process as well as how transfer and deposits are processed on your account. If you need a copy of the agreement or have additional questions regarding Mobile Banking Services, please contact a member service representative by using one of the following methods:
- Telephone: (800) 303-3838 or (530) 222-6060
- Email: email@example.com
- Mail: Members 1st Credit Union, P.O. Box 492395, Redding, CA 96049-2395
This Disclosure describes your ability to withdraw funds from all your accounts at Members 1st Credit Union except for funds deposited to certificate accounts. The Credit Union reserves the right to delay the availability of funds deposited to certificate accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which accounts are affected by this policy.
- GENERAL POLICY
Our policy is to make funds from your cash and check deposits available to you on the same business day that we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a business day we are not open, we will consider that the deposit was made on the next business day we are open.
- RESERVATION OF RIGHT TO HOLD
In some cases, we will not make all of the funds that you deposit by check available to you on the same business day that we receive your deposit. Funds may not be available until the second business day after the day of your deposit. However, the first $225.00 of your deposit will be available on the same day of your deposit. If we are not going to make all of the funds from your deposit available on the same business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
- HOLDS ON OTHER FUNDS
If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this Disclosure for the type of check that you deposited.
- LONGER DELAYS MAY APPLY
We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,525.00 on any one (1) day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six (6) months.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
- SPECIAL RULES FOR NEW ACCOUNTS
If you are a new member, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525.00 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the ninth business day after the day of your deposit.
- You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords and any other means that you may from time to time have to access the application. If you share these credentials with any other person, they may be able to use your Mobile Card(s) and get access to your personal and payment information available through the Apple Payment Services.
- Call us immediately at the Members 1st telephone number printed on the back of your Members 1st card if you believe your Supported iOS Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
- USE OF YOUR MOBILE CARD(S)
- THIRD PARTY AGREEMENTS AND SUPPORT
- PRIVACY AND SECURITY
- SUSPENSION; CANCELLATION
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- LICENSE OF MOBILE CARD
- GOVERNING LAW
- USE OF THE MOBILE CARD
Apple Pay enables you to create virtual representations of your Eligible Cards on your Supported iOS Device that will permit you to use your Supported iOS Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a Mobile Card (in lieu of you presenting your physical Eligible Card) and (ii) in-app or other digital commerce payments at merchants participating in the Apple Payment Services. You agree to use the Mobile Card only with a Supported iOS Device properly equipped with Apple Pay and to comply with all terms and conditions applicable to the Apple Payment Services. You should know that not all Supported iOS Devices permit both contactless payments and in-app payments. Please contact Apple if you have questions about the Supported iOS Devices that can be used with the Apple Payment Services.
When you select an Eligible Card to use with Apple Pay, certain account information for the Eligible Card will be transmitted to and stored within your Supported iOS Device to facilitate your participation in Apple Payment Services. Once the account information for an Eligible Card has been stored on your Supported iOS Device, it is represented by a Mobile Card within Apple Pay. By selecting a Mobile Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Mobile Card through the Apple Payment Services. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity. Once created, a Mobile Card may work even if you do not have wireless service.
Apple Pay also provides you access to information related to the Eligible Cards that have been added to your Supported iOS Device. Depending on your Supported iOS Device, this may include information about Card cancellation or suspension due to issues such as an expired card, detection of fraud or past due payments. See "Suspension; Cancellation" below for more details.
For each Eligible Card added to Apple Pay, you may also view (except in Apple Watch) the last 10 purchase transactions made by you on that Eligible Card, whether or not made using the Supported iOS Device, but not the transactions made by any Additional Card Member on your Card account. The information will include the date, purchase amount and merchant name. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for instance, pre-authorizations at restaurants and hotels). Apple Pay provides you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. For additional Card account information, please log into your account on the Members 1st Credit Union Mobile app, m1cu.org, or call the number on the back of your Eligible Card. Purchases or other transactions you make with any of your Mobile Card are governed by the Card Member Agreement for the Eligible Card you used to create your Mobile Card. If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your Card Member Agreement or otherwise under applicable law.
We may permit Eligible Cards of up to two Eligible Card Members to be added to one Supported iOS Device. Please see "Privacy and Security" below.
- THIRD PARTY AGREEMENTS AND SUPPORT
It is your responsibility to read and understand the Third Party Agreements before creating, activating or using a Mobile Card in Apple Pay.
We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including any Apple Payment Service or your Supported iOS Device). If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported iOS Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of a Mobile Card), please contact Apple.
We do not currently charge a fee for using your Mobile Card. However, you understand that Third Party Agreements may contemplate fees, limitations and restrictions, which might affect your use of any of your Mobile Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.
- PRIVACY AND SECURITY
What Members 1st Collects
When creating your Mobile Card, we collect certain information from Apple to verify your identity, to enable you to use a Mobile Card and facilitate your participation in the Apple Payment Services. You authorize Members 1st to collect, use and share your information in accordance with the applicable Members 1st Consumer Privacy Notice and U.S. Online Privacy Statement, as they may be amended from time to time, and which are available at MembersOnline.com/Privacy. To facilitate your participation, also note that we will make certain account information relating to each Eligible Card you have selected to use with Apple Pay available for display, including your most recent transaction data (except for a Mobile Card in Apple Watch), but not your full Eligible Card account number. You may decline to have the transaction data made available for display and still use Apple Pay, but you must turn off this feature manually with Apple through Apple Pay. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported iOS Device gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
You may receive push notifications from us from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Supported iOS Device or by turning off the issuer notifications setting on the back of your Mobile Card.
What Others Collect
Supported iOS Devices with same iCloud Account
If you add a Mobile Card to one of your Supported iOS Devices and have other Supported iOS Devices sharing the same iCloud account ("Other Supported iOS Devices"), Apple may collect and use information related to your Eligible Card and Mobile Card, permit that Mobile Card to be added to Other Supported iOS Devices and display on those Other Supported iOS Devices the last 5 digits of the associated Eligible Card and potentially other information.
In addition, if you delete a Mobile Card from one of your Supported iOS Devices, Apple will continue to permit for a short period of time that Mobile Card to be added on all of your Supported iOS Devices that share the same iCloud Account and display the last 5 numbers of the associated Eligible Card.
In each of these instances, your Mobile Card will not be added to any of your Other Supported iOS Devices unless you verify that Mobile Card with us on that device.
Lost, Stolen or Unauthorized Use of your Supported iOS Device
Call us immediately at the Members 1st telephone number printed on the back of your Eligible Card if you believe your Supported iOS Device or your credentials have been lost or stolen or someone has used or may use your Supported iOS Device or your credentials without your authorization. Also change your credentials immediately to avoid any unauthorized use of a Mobile Card or of your personal information. If you get a new Supported iOS Device, please be sure to delete all your Mobile Cards and other personal information from your prior Supported iOS Device.
You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
Apple Pay and your Supported iOS Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards.
Protecting your Apple Passwords and other Credentials
You are responsible for maintaining the confidentiality of your Members 1st user ID, Apple User ID, Apple passwords and other means you may from time to time have to access any of your Mobile Cards. You should keep your Supported iOS Device and these credentials secure in the same manner as you would keep your cash, checks, credit cards, and other personal identification numbers and passwords secure. Subject to the Card Member Agreement governing the use of the Eligible Card you use to create your Mobile Card, you are responsible for all transactions made using your Mobile Card.
You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords and any other means that you may from time to time have to access the application. If you share these credentials with any other person, they may be able to use your Mobile Card(s) and get access to your personal and payment information available through the Apple Payment Services. Call us immediately at the Members 1st telephone number printed on the back of your Members 1st card if you believe your Supported iOS Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
While we may permit Eligible Cards of up to two Card Members to be added to one Supported iOS Device, we caution you against sharing your credentials with any other person and you should immediately notify us if someone has access to your Supported iOS Device or credentials that you have not authorized.
- SUSPENSION; CANCELLATION
You may remove one or more of your Mobile Cards from Apple Pay at any time by pressing the "Delete" button in Apple Pay or by calling the number on the back of your Eligible Card.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND MEMBERS 1ST, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A MOBILE CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEMBERS 1ST, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF A MOBILE CARD DEPEND ON THE APPLE PAYMENT SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. MEMBERS 1ST DOES NOT OPERATE THE APPLE PAYMENT SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE APPLE PAYMENT SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. MEMBERS 1ST DISCLAIMS ANY RESPONSIBILITY FOR THE APPLE PAYMENT SERVICES OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE CARD. USE OF A MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED iOS DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM MEMBERS 1ST OVER THE INTERNET FROM YOUR SUPPORTED iOS DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE APPLE PAYMENT SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED iOS DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
- LIMITATION OF LIABILITY
- LICENSE FOR ANY MOBILE CARD
Certain software that Members 1st uses to provide the Mobile Card(s) has been licensed from third parties (each a "Third Party Licensors") that are not affiliated with Members 1st. This limited right to use such software is revocable at the discretion of Members 1st. Members 1st and its Third Party Licensors retain all right, title and interest in and to the software used by Members 1st to provide the Mobile Card(s) and any modifications and updates thereto. You agree that you will not use any third-party materials associated with the Mobile Card(s) or the Apple Payment Services in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Card or the Apple Payment Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Card or the Apple Payment Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with a Mobile Card or the Apple Payment Services). Any attempt to do so is a violation of the rights of Members 1st and its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by Members 1st that replace or supplement any Mobile Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that a Mobile Card may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Mobile Card or change the enrollment process.
- GOVERNING LAW
As a condition to activating and using Mobile Cards, you consent to receive certain messages on your Supported iOS Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Eligible Card account, posting within your online account, or through the messaging capabilities of Apple Pay, although e-mail will be our primary method of communication to you.
To update the contact information we have on file for you, please go to the Members 1st Mobile app, m1cu.org, or call the number on the back of your Eligible Card.
The Unlawful Internet Gambling Enforcement Act of 2006 (effective June 1, 2010) implemented regulations which prohibit commercial/business members from receiving deposit or other credits of any kind relating to their operation of an illegal internet gambling business. Unlawful internet gambling means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the internet where such bet or wager is unlawful under any applicable federal or state law in the state or tribal lands in which the bet or wager is initiated, received, or otherwise made.
Unlawful internet gambling transactions are prohibited from being processed through your accounts and your relationship with the credit union. This includes transactions involving payments made through credit cards, debit cards, ATM cards, reloadable cards, electronic funds transfers or ACH, wire transfers, checks and bill payments. Members 1st Credit Union is required to enforce that prohibition.
It is Members 1st Credit Union’s policy to not open or maintain any account for commercial/business members held with the intent to conduct or engage in internet gambling activity, whether legal or illegal. If the credit union discovers or determines that an existing commercial/business member transacts or engages in internet gambling activity as defined by the UIGEA, the credit union reserves the right to restrict services or terminate the account relationship.
If you have any questions about this federal regulation, please contact the credit union at (530) 222-6060 or (800) 303-3838.
As the issuer of your card, Members 1st Credit Union may cancel or limit its use at any time. Use of the card constitutes your agreement to be bound by the terms and conditions of the separate Cardholder Agreement and other related agreements, as amended from time to time. You agree to return the card upon demand. You cannot transfer your card.
We are committed to ensuring that your privacy is protected. Should we request or you provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
What we collect
We may collect the following information:
- name and job title
- contact information including email address and phone number
- demographic information such as postal code, age, gender and preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We may use this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping
- We may use the information to improve our products and services
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting, using the email address which you have provided
- From time to time, we may also use your information to contact you for market research purposes
- We may contact you by email, phone, or mail
- We may use the information to customize the website according to your interests
- We may provide your information to our third party partners for marketing or promotional purposes
- We will never sell your information
- We will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that are based on the DoubleClick cookie unless we have robust notice of, and the user’s prior affirmative (i.e., opt-in) consent to, that merger
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Learn more about how Members 1st Credit Union protects your information and what you can do to further ensure your online information is safe: Security.
Analytics, Display Advertising, and Interest-Based Advertising Disclosure
Members 1st Credit Union implements the following Google Analytics features based on Display Advertising: Remarketing, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. We utilize these services to serve more relevant ad experiences across the web based on previous visits to our website.
- We may use Remarketing with Google Analytics to advertise online, which means third-party vendors, including Google, may show our ads on sites across the Internet
- Members 1st Credit Union and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the AdWords & DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website
- Members 1st Credit Union and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our site
- We use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics to serve more relevant ad experiences across the web – based on previous visits to our website
- Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads
Facebook Remarketing and Custom Audiences
- You can opt-out of the collection and use of information for ad targeting. To do so, go to http://www.aboutads.info/choices and set your data collection and ad preferences.
A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We use this information for statistical analysis purposes and serve more relevant ad experiences across the web – based on previous visits to our website.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- stating your desired restriction of our use of your personal information within the comments section of the form you are submitting
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to Members 1st Credit Union at the mailing address provided below or by leaving a message via our contact form. Please do not include any personal information such as social security number or account numbers when submitting the form.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information, which we hold about you. A small fee may apply. If you would like a copy of the information held on you please write to:
Members 1st Credit Union
Attention: Marketing Department
PO Box 492395
Redding, CA 96049
Phone: 530.222.6060 or 800.303.3838
If you believe that any information we are holding on you is incorrect or incomplete, please write to or contact us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Members 1st Credit Union is looking for photos that portray what Butte, Glenn, Shasta, and Tehama County have to offer in an artistic and intriguing way. Here are a few things you should know:
- Open to existing members only
- Every photo must be taken in Butte, Glenn, Shasta, or Tehama County
- For our purposes, horizontal photos work better than vertical ones
- Your photo can represent our four counties literally or metaphorically (meaning everything from a landscape to something more artistic and open)
- Shoot in black and white or color - it is your choice
- Share photos at their highest resolution and quality as possible
The most intriguing and artistic photo(s) submitted will be chosen and awarded $5 to its creator. If your photo is selected, we will notify you by email.
Staff should email their photo to Marketing@m1cu.org with the subject "Marketing Photo Submission." By submitting photos to Members 1st Credit Union and emailing them to marketing, you will have confirmed that you have read and agreed to the photo submission terms and conditions below.
Terms and Conditions
On behalf of Members 1st Credit Union ("Us"), we thank you for your interest in submitting your original photographic images ("Images") to Us. As part of the submission process, we ask that you include additional information about yourself and the Image you are submitting with your submission. The additional requested items are listed on the company intranet, and are referred to as "User Information" for purposes of these Terms and Conditions. We appreciate your willingness to share your Images with Us.
Here are guidelines to consider when submitting your Images:
- Every Image must be your original work
- We accept Images in digital format only
- For our purposes, horizontal Images work better than vertical ones
- Share photos at their highest resolution and quality as possible
The Images we select for publication and use are at our sole discretion. Members 1st will not knowingly publish the following:
- Images depicting persons that are identifiable
- Images depicting other financial institutions
- Copyrighted material
- Images that contain elements that are unlawful or that we may not lawfully use or publish
- Images that contain your name or nickname, any other symbol or device that identifies you to, or a copyright legend
- Images that contain personally identifiable information such as, but not limited to, email addresses, URLs, phone numbers, physical addresses or other forms of contact information
- Digital image files that contain anti-copying or tracking devices
- You must be at least 18 years old to submit Images to Us
Terms Governing Your Submission of Images
By submitting to Us your Images, you agree to the following terms:
We retain the right, at our discretion, to modify these Terms and Conditions. Your continued submission of Images to Us constitutes your acceptance of all modified Terms and Conditions.
License to Us
You grant Us, without any compensation of any kind to you or others, the exclusive right and license to use, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from, and otherwise exploit all Images in any form, medium or technology that we elect, whether now or in the future. Without limiting the foregoing, you agree that, without further approval from you, we may exercise the rights you grant Us herein for any and all purposes we deem appropriate, including, without limitation, for the promotion, marketing, and publicizing of our services and products. We may, for example, use and publish the Images on our website or third party websites, in our print, broadcast and digital advertisements, in our marketing materials, and in connection with our promotional events. The right and license you grant Us is perpetual, irrevocable, exclusive, royalty-free, unrestricted, worldwide, and transferable without your further consent. You understand and agree that we have the option, but not the obligation, to use the Image you submit to Us, and that if we exercise our license rights, we may also use your User Information in conjunction with such Images.
Your Submissions of Images and User Information
Submitting Images or User Information to Us, your further agree that:
- We may moderate the website, review the Images and User Information, and decide in our sole discretion whether to display or otherwise use your Images
- We may remove your Images and User Information at any time without notice to you
- We may edit your Images and User Information in our sole discretion for suitability, brevity, clarity, grammar, compliance with our rules and any other purpose we deem appropriate
- You are solely responsible for your Images and User Information and the consequences of submitting them to Us and our use thereof as permitted by these terms
- You acknowledge that you were not and will not be compensated or granted any consideration by Us or any third party in exchange for our use of your Images or the use of your Images by parties we authorize to use them
- You understand that we are not responsible for any information that may be gathered or used by any third party providing or affiliated with providing the email service we use to accept Image submissions
You affirm, represent and warrant to Us:
- You are at least 18 years old
- The User Information you provide to Us is true and accurate
- You haven’t impersonated any person or falsely stated or misrepresented your affiliation with a person or entity
- You own or have all necessary licenses, rights, consents, and permissions to use and submit to Us the Images and User Information and to authorize Us to use the Images and User Information as expressed in these Terms and Conditions
- Your agreement to these Terms and Conditions does not in any way conflict with any existing legal agreement or commitment on your part to any third party
- Your Images and User Information do not embody, reflect or reveal any confidential information and that we are not obligated to treat them as confidential
You will not submit Images or User Information that:
- Is false, misleading, or inaccurate
- Is not appropriate for a public forum (e.g., it is defamatory, hateful, harassing, derogatory, demeaning, threatening, abusive, pornographic, racially or religiously biased or otherwise offensive or objectionable)
- Infringes or otherwise violates the rights of any third party, including without limitation any copyright, trademark, service mark, privacy rights, publicity rights or other intellectual property or proprietary rights
- Violates any law, statute, ordinance, or regulation
- Includes any information that references other websites, addresses, email addresses, contact information or phone numbers
- Contains any anti-copying devices, tracking devices, computer viruses, worms or other potentially damaging computer programs or files
Your Submission of Your Email Address
You agree that we and our third-party service providers may use your email address to contact you about your Images and for other administrative purposes related to your obligations and our rights set forth in these Terms and Conditions.
Ownership of Copyright
The website contains material that is owned by or licensed to Us. You may not copy, reproduce, download, upload, post distribute, republish, retransmit, perform or modify in any way any of the material on this Website, including without limitation, any Images or written material without our prior written permission. All rights and licenses not expressly granted to you in these terms are reserved to Us.
Exclusion of Liability
We make no representations or warranties, express or implied, about your submission of Images or User Information. We are not liable to you or any third party in any way for your submission of Images or User Information. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties or merchantability, fitness for a particular purpose, title accuracy and non-infringement. We do not warrant that the website or the material contained or referred to on it are error-free or that errors will be corrected, or that the website or the server from which it is run or any of our affiliated companies or affiliated individuals or our licensees or their affiliated persons be liable for any direct, indirect, incidental, special or consequential damages or expenses of any kind (including without limitation lost profits, damages arising from lost data, computer viruses, deletion of files, business interruption or personal injury or health problems) arising out of or in any way connected with the use of our website or the material or content contained or referred to on it, or for any information obtained through our website or Us, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. If you are dissatisfied with any material or content on this website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. We reserve the right to change or discontinue at any time any aspect or feature of this website. The above limitation may not apply to you because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages.
You agree to defend, indemnify and hold Us harmless from any and all claims, suits, allegations, liabilities, damages, penalties, fines, costs and expenses, including reasonable attorneys’ fees, related to or arising out of any actual or alleged violation of these terms. We will provide notice to you of any such claim, suit or proceeding at the email address that you submit to Us with your Images and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
We may terminate your right to submit Images at any time without notice. However, such termination shall only apply to your right to submit Images and shall not in any other way terminate or limit any other provision of these terms, all of which shall survive such termination of your right to submit Images.
These Terms and Conditions constitute the entire agreement and understanding between you and Us as to your submission of Images and User Information and our use of Images and User Information as set out in these Terms and Conditions. Any and all prior or contemporaneous communications and/or proposals are superseded. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to submission of Images or User Information to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms shall be governed by the laws of the State of California without giving effect to its conflicts of law principals, and venue shall be in the state or federal courts located in Shasta County, California.