TD Bank Mbile Depsit Addendum t the Online Banking Service Agreement Please carefully review these terms and cnditins befre prceeding: As a subscriber t the TD Bank Mbile Depsit Service (the "Service") this Addendum ("Addendum") amends and becmes a part f the TD Bank Online Banking Service Agreement fr Persnal Accunts, TD Bank Online Banking Service Agreement fr Business Accunts, and the applicable TD Bank Persnal Depsit Accunt Agreement and/r the TD Bank Business Depsit Accunt Agreement (cllectively, the "Accunt Dcumentatin") between TD Bank and yu. The terms f thse agreements are hereby ratified, affirmed and incrprated herein and shall cntinue t apply in all respects, as amended hereby. By accepting this Addendum, yu agree t this Addendum. In the event f a cnflict between this Addendum and the Accunt Dcumentatin, this Addendum will gvern. 1. General This Addendum ("Addendum") t the TD Bank Online Banking Agreement between yu and TD Bank sets frth the terms and cnditins f the Service, which allws yu t make single item depsits t an eligible accunt electrnically by using a supprted mbile device with a camera t create an image f a paper check and transmitting it and the related depsit data t us using the TD Mbile Banking app (a "Mbile Depsit"). Except as expressly prvided in this Addendum, depsits made thugh the Service are subject t all limitatins and terms set frth in the relevant Accunt Dcumentatin gverning yur depsit accunt as it may be mdified frm time t time, including, but nt limited t, thse related t depsit acceptance, crediting, cllectin, endrsement, prcessing rder and errrs. 2. Service Requirements Use f ur Service requires that yu have an internet enabled ios r Andrid device with a camera, be enrlled in ur Online Banking Service and have dwnladed ur latest versin f Mbile Banking app. In rder t enrll in the Service, yu must meet the eligibility criteria fr the Service as determined by TD Bank and have at least ne depsit accunt. Eligibility includes, but nt limited t, being an existing custmer f TD Bank with an active checking, savings, r mney market accunt. A minimum length f such an existing custmer relatinship with TD Bank may als apply. 3. Limitatins f Service When using the Service, yu may experience technical r ther difficulties. TD Bank cannt assume respnsibility fr any technical r ther difficulties r any resulting damages that yu may incur. TD Bank reserves the right t change the qualificatins f the Service at any time withut prir ntice. TD Bank has the right t reject any check r item transmitted fr using the Service withut any liability t yu. TD Bank is nt liable fr any checks r items it des nt receive r fr any images that are nt readable. TD Bank shall have n liability fr any alteratins t the check r item after they have been transmitted t it by yu. TD Bank reserves the right t change, suspend r discntinue the Service, in whle r in part, r yur use f the Service, in whle r in part, immediately and at any time withut prir ntice t yu.
4. Eligible Checks Yu agree t scan and transmit nly "checks" as that term is defined in Federal Reserve Regulatin CC ("Reg CC") and nly thse checks that are permissible under this Addendum r such ther items as we, in ur sle discretin, elect t include under the Service ("Eligible Checks"). Yu agree that the image f the check transmitted t us shall be deemed an "item" within the meaning f Article 4 f the applicable Unifrm Cmmercial Cde. If a check r item is dishnred, yu will receive an image f the riginal check r a substitute check as the charged back item. 5. Image Quality The image f a check r item transmitted t TD Bank using the Service must be legible. The image quality f the checks and items must cmply with the standards established frm time t time by the American Natinal Standards Institute, r any higher standard set by us, and with any requirements set by the Federal Reserve Bard, any regulatry agency with jurisdictin ver us, r any clearing huse TD Bank uses r agreement TD Bank has with respect t prcessing Checks. Yu agree that TD Bank shall nt be liable fr any damages resulting frm a check r item's pr image quality, including thse related t rejectin f r the delayed r imprper crediting f such a check r item, r frm any inaccurate infrmatin yu supply regarding the check r item. 6. Depsit Cut ff Times Yu may access the service anytime 7 days a week. If TD Bank receives a mbile depsit n r befre 8:00 p.m. Eastern Standard Time n a Business Day 1, TD Bank will cnsider that day t be the "Depsit Date". If TD Bank receives a scanned Item after 8:00 p.m. Eastern Standard Time r n a weekend r a state r federal hliday, the next Business Day will be the Depsit Date. 7. Funds Availability In accrdance with TD Bank's Funds Availability Plicy, Mbile Depsit funds will generally be available n the first Business Day after the Depsit Date. Lnger delays may apply, as specified in the TD Persnal Depsit Accunt Agreement f TD Business Depsit Accunt Agreement. Mbile Depsit funds may be subject t an uncllected funds hld. If a hld is placed n a Mbile Depsit, yu will be ntified in accrdance with the TD Persnal Depsit Accunt Agreement f TD Business Depsit Accunt Agreement. 8. Yur Respnsibilities, Prmises and Warranties t Us Yu will nly depsit Eligible Checks thrugh the Service. Yu will submit check images that meet TD Bank's image quality standards. Yu will nt transmit an image r images f the same check t us mre than nce and will nt depsit r negtiate, r seek t depsit r negtiate, such check r item with us r any ther party. Yu agree that yu will nt use the Service t depsit any checks as set frth belw: Checks payable t any persn r entity ther than yu, r t yu and anther party Checks cntaining an alteratin t any f the fields n the frnt f the check r item (including the MICR line), r which yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the check r item is drawn Checks previusly cnverted t a substitute check, as defined in Regulatin CC as a paper reprductin f an riginal check that -
1. Cntains an image f the frnt and back f the riginal check; 2. Bears a MICR line that, except as prvided under ANS X9.100-140 (unless the Bard by rule r rder determines that a different standard applies), cntains all the infrmatin appearing n the MICR line f the riginal check at the time that the riginal check was issued and any additinal infrmatin that was encded n the riginal check's MICR line befre an image f the riginal check was captured; 3. Cnfrms in paper stck, dimensin, and therwise with ANS X9.100-140 (unless the Bard by rule r rder determines that a different standard applies); and 4. Is suitable fr autmated prcessing in the same manner as the riginal check Checks drawn n a financial institutin lcated utside the United States Checks nt payable in United States currency Checks that are remtely created checks,as defined in Regulatin CC as a check that is nt created by the paying bank and that des nt bear a signature applied, r purprted t be applied, by the persn n whse accunt the check is drawn Checks dated mre than 6 mnths prir t the date f depsit Checks n which a stp payment rder has been issued r fr which there are insufficient funds Checks r items drawn r therwise issued by yu r any ther persn n any f yur accunts r any accunt n which yu are an authrized signer r jint accunt hlder All infrmatin yu prvide t TD Bank is accurate and true, including that all images transmitted t TD Bank accurately reflects the frnt and back f the check r item at the time it was phtgraphed. Yu will cmply with this Addendum and all applicable rules, laws and regulatins. Yu agree t indemnify and hld harmless TD Bank frm any lss fr breach f the prvisins set frth in this Sectin 7 r the terms f this Addendum r the Accunt Dcumentatin. 9. Check Handling Prcedures Yu agree t fllw any and all ther prcedures and instructins fr use f the Service as TD Bank may establish frm time t time: Befre transmissin, yu agree t restrictively endrse any check r item transmitted thrugh the Service as "Fr depsit nly, TD BANK accunt # " r as therwise instructed by TD Bank. After the Item has been scanned and submitted fr depsit, yu shall nt therwise transfer r negtiate the riginal Item, substitute check r any ther image theref. TD Bank will acknwledge that it has received an item r check but such acknwledgement des nt mean that the check r item cntains n errrs r has been accepted and that any such check r item will nly receive prvisinal credit. After a check r item has psted t yur accunt, yu agree t prminently mark the riginal check r item as "Depsited" and state the date. Yu agree t destry r therwise prperly dispse f checks and items that have been accepted fr depsit thrugh the Service after 14 days t ensure that such checks and items are nt represented fr payment and, prir t dispsal r destructin, t safeguard such checks and items.
Yu agree t prmptly supply any infrmatin in yur pssessin that TD Bank requests regarding a check r item depsited r attempted t be depsited thrugh the Service including the riginal check r item. 10. Fees The Service is prvided at n charge t yu. TD Bank may, upn at least 30 days prir ntice t yu, t the extent permitted by applicable law, charge a fee fr use f the Service. If yu cntinue t use the Service after the fee becmes effective, yu agree t pay the service fee that has been disclsed t yu, as may be amended frm time t time. 11. Depsit Limits TD Bank reserves the right t impse limits n the amunt(s) and/r number f Mbile Depsits (ver a perid f time set by us) that yu transmit using the Service and t mdify such limits frm time t time. Nthing in this Addendum shuld be cnstrued as requiring TD Bank t accept any check r item fr depsit, even if TD Bank has accepted that type f check r item previusly. Nr shall TD Bank be required t identify r reject any Checks that yu may submit thrugh the Service that fail t meet the requirements f this Addendum. 12. Changes t the Service TD Bank reserves the right t terminate, mdify, add and remve features frm the Service at any time in ur sle discretin. Yu may reject changes by discntinuing use f the Service. Yur cntinued use f the Service will cnstitute yur acceptance f and agreement t such changes. Maintenance t the Service may be perfrmed frm time-t-time resulting in interrupted service, delays r errrs in the Service and TD Bank shall have n liability fr any such interruptins, delays r errrs. Attempts t prvide prir ntice f scheduled maintenance will be made, but TD Bank cannt guarantee that such ntice will be prvided. 13. Ownership and License Yu agree that TD Bank retains all wnership and prprietary rights in the Service, assciated cntent, technlgy, Mbile Banking app and website(s). Yur use f the Service is subject t and cnditined upn yur cmplete cmpliance with this Addendum and the Accunt Dcumentatin. Withut limiting the effect f the freging, any breach f this Agreement immediately terminates yur right t use the Service. Withut limiting the restrictin f the freging, yu may nt use the Service (i) in any anticmpetitive manner, (ii) fr any purpse which wuld be cntrary t TD Bank's business interest, r (iii) t TD Bank's actual r ptential ecnmic disadvantage in any aspect. Yu may use the Service nly fr nn-business, persnal use in accrdance with this Addendum. Yu may nt cpy, reprduce, distribute r create derivative wrks frm the cntent and agree nt t reverse engineer r reverse cmpile any f the technlgy used t prvide the Service. 14. DISCLAIMER OF WARRANTIES YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TD BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TD BANK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. 15. LIMITATION OF LIABILITY YOU AGREE THAT TD BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF TD BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. 16. Gegraphic Cnstraints Yu agree that yu will nt use the Service in lcatins that are prhibited under U.S. law and regulatins, including laws and regulatins issued by the Office f Freign Assets Cntrl. 17. Errrs Yu agree t ntify TD Bank f any suspected errrs regarding items depsited thrugh the Service right away, and in n event later than 60 days after the applicable TD Bank accunt statement is sent. Unless yu ntify TD Bank within 60 days, such statement regarding all depsits made thrugh the Service shall be deemed crrect, and yu are prhibited frm bringing a claim against TD Bank fr such alleged errr. 1 Business Day - Mnday thrugh Friday, except Federal hlidays