TRUCHOICE FEDERAL CREDIT UNION CONSENT FOR ELECTRONIC DISCLOSURES UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT Please read this information carefully and print a copy and/or retain this information electronically for future reference. Introduction. You are submitting an application for TruChoice Federal Credit Union s electronic services including but not limited to online banking, telephone banking, mobile banking and bill pay. In order to do this, we need you to consent to our giving you certain disclosures electronically. This document informs you of your rights when receiving legally required disclosures, notices and information ("Disclosures") from the Credit Union. By completing and submitting an application through us, you acknowledge receipt of this document and consent to the electronic delivery of such Disclosures. All agreements with the Credit Union are subject to the terms and conditions of your Credit Union Membership Agreement. Electronic Communications. Any Disclosures related to your Request will be provided to you electronically through www.trufcu.com. However, if you wish to obtain a paper copy of any of the Disclosures, you may write to us at: TruChoice FCU, PO Box 10659, Portland, ME 04104 with the details of your request. Paper copies will be provided to you at no charge. Scope of Consent. Your consent to receive Disclosures and to do business electronically, and our agreement to do so, only applies to this and all future requests for electronic services. Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above or equivalent software; and hardware capable of running this software. Withdrawing Consent. You understand that you may not withdraw consent as to the disclosures we will provide to you at this time with your electronic banking application. You may withdraw your consent to do further business electronically with us at no cost to you. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Disclosures will not be affected. Changes to Your Contact Information. You should keep us informed of any change in your electronic or mailing address. You may contact TruChoice at 207.772.0808 or 800.639.5550 or in writing at PO Box 10659, Portland, ME 04104 regarding any such changes. Your Ability to Access Disclosures. By completing and submitting your request, you acknowledge that you can access the electronic disclosures in the designated formats described above. Consent by Completing and Submitting Your Request. I/We consent to having all disclosures provided or made available to me/us in electronic form and to doing business with TruChoice FCU electronically. I/We agree to the same terms that apply to a signed application or agreement, and I/We agree that submitting this consent or accepting these terms constitutes my/our signature as though same were physically signed by me/us. If there is a co-applicant or user, I/we represent and warrant that such co-applicant or user has authorized the submission of this application. This electronic submission/consent qualifies as my/our signature for all purposes and uses whatsoever.
TRUCHOICE FEDERAL CREDIT UNION MOBILE BANKING, TEXT BANKING, BILL PAYMENT AND REMOTE DEPOSIT CAPTURE SERVICE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON AND INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE SOFTWARE. This Agreement describes your rights and obligations as a user of the Mobile Banking service, including Bill Payment, Text Banking service or Remote Deposit Capture service ("Services"). It also describes the rights and obligations of TruChoice Federal Credit Union. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. DEFINITIONS The following definitions apply in this Agreement. As used in this Agreement and Mobile Banking services, the following words have the meanings given below: Account(s)" means your eligible TruChoice checking, savings, loan, certificate of deposit or information and other TruChoice products that can be accessed through Mobile Banking. Service or Services refers to Mobile Banking Service, Bill Payment Service, Text Banking Service and Remote Deposit Capture Service as described below. Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. You" and "Your(s)," mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service Licensor means Access Softek, Inc. and its subsidiaries and affiliates. Licensee mean TruChoice Federal Credit Union and its subsidiaries and affiliates. Mobile Banking" means the banking services accessible using a mobile Device, including but not limited to mobile banking, text banking, bill payment and remote deposit capture services. Text Banking also referred to as SMS Banking means the banking services accessible using a mobile Device s texting feature. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We," "us, the credit union or TruChoice refer to TruChoice Federal Credit Union which offers the Services and which holds the accounts accessed by the Services. Ownership. You acknowledge and agree that Licensor is the owner and will remain the owner of all rights, title and interest in and to the downloaded software, to be used for access to mobile banking services from your financial services provider, as well as any accompanying user documentation and all
copies, improvements, modifications, enhancements, upgrades, derivative works, or other changes thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software"). Such rights, title, and interest include but are not limited to all copyright, patent, trade secret, trademark and other intellectual property rights therein. Access Softek has licensed the Software to your financial services provider to enable it to make it available to you subject to the following terms and conditions. License. Licensor grants you a limited, personal, nonexclusive, nontransferable license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by Licensor. Nothing in this license entitles you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. The rights granted to you hereunder include no rights whatsoever with respect to any source code. Licensor retains all rights not expressly granted to Licensee hereunder. No right of license to you will be implied by or inferred from this Agreement except as expressly provided herein. Restrictions. You may not: a. Publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; b. Copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; c. Create or attempt to create the source code from the object code of the Software; d. Make any third-party software contained in the Software a standalone product; e. Take any action that will infringe on the intellectual property or other proprietary rights of Licensee or any third party software provider; or f. Sublicense or assign the Software. Import/Export Restrictions. You agree not to import or export the Software or any documentation (or any copies thereof) or any products utilizing the Software or any documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensee and Licensor from liability if you violate any such laws or regulations. Representations and Warranties. You represent, warrant and covenant that you shall comply with all applicable laws, rules, regulations and prevalent industry standards in your use of the Software, including compliance with applicable requirements under state and federal laws and regulations related to data security and nonpublic personal information, as defined or used in such applicable law or regulation. Termination. This Agreement may be terminated by you or Access Softek at any time, for any reason. Your rights under this License will terminate immediately if you fail to comply with any term or condition of this License. Upon termination, you agree to immediately destroy all copies of the Software and any documentation in your possession or control, together with any and all copies thereof. Disclaimer Warranty. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE EXTENT PERMITTED BY LAW, LICENSOR AND LICENSEE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR AND LICENSEE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL MEET YOUR REQUIREMENTS. LICENSOR AND LICENSEE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY SOFTWARE, OR ANY HARDWARE OR OTHER MATERIALS NOT PROVIDED BY LICENSOR
OR LICENSEE. LICENSOR HAS NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED HEREIN. IF YOU FAIL TO UPGRADE THE SOFTWARE TO THE MOST RECENT VERSION AFTER BEING GIVEN THE OPPORTUNITY TO DO SO BY LICENSOR OR LICENSEE, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE ARE VOID. Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL LICENSEE, LICENSOR, OR THEIR SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, PERSONAL INJURY OF PATIENTS, PHYSICAL OR EMOTIONAL IMPAIRMENT OF PATIENTS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSEE OR LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSEE OR LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSEE'S OR LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. Indemnification. You agree to defend, indemnify, and hold harmless Licensee, Licensor, their suppliers and their resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired. Entire Agreement. You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this agreement. This Agreement may only be modified by a written agreement signed by both you and Licensor; provided, that no provision of this Agreement relating to Licensee may be modified without the additional written agreement of Licensee. Acknowledgement. By downloading, installing or using any part of this Software, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. Third Party Beneficiary. Licensee and its affiliates are hereby made express third party beneficiaries of this Agreement. DESCRIPTION OF SERVICES 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 TruChoice account information, make payments to payees, transfer funds and conduct other banking transactions. Text Banking Service Text 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. Text Banking allows you to access your TruChoice account information, transfer funds and conduct other banking transactions. You are responsible for adhering to any of your specific carrier s provisions around text services. Remote Deposit Capture Service Remote Deposit Capture service is designed to allow you to make deposits to your checking, savings, or other eligible accounts from home or other remote location by scanning checks and delivering the images and associated deposit information to TruChoice or TruChoice s designated processor. Bill Payment Service The Bill Payment service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account to third parties you wish to pay. Your Bill Pay Account must be a checking account. Through the Bill Payment service, you can pay bills from your Bill Pay Account to businesses or individuals. USE OF SERVICES In order to properly use Mobile Banking, Bill Payment, Texting Banking and/or Remote Deposit Capture, you should review and follow the instructions provided. You agree to accept responsibility for learning how to use these services in accordance with the instructions and agree that you will contact us directly if you have any problems. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use these services 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 Service or your Device. Access to Services TruChoice will provide instructions on how to use the Mobile Banking, Bill Payment, Texting Banking and/or Remote Deposit Capture services. You will gain access to your Accounts through the use of your internet-enabled device, your Internet Service Provider, your login ID and your Password. Eligibility We will determine whether you are eligible for use of any or all of these Services in our sole discretion. We may suspend or terminate your use of any and all Services at any time and without prior notice to you. If you violate the terms of this or any other agreement with TruChoice, then we also may use such actions as a basis to terminate your account relationship with us. Availability Services may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. TruChoice cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. 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 or Text Banking. We may also reserve the right to modify the scope of the Service at any time. Hours of Operation The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, TruChoice's business days are Monday through Friday, excluding holidays. All mobile or text service transaction requests received after 5:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays or holidays on which TruChoice chooses to remain closed, will be processed on the next TruChoice business day. TruChoice's business day begins at 8:30 a.m. Transactions with Mobile or Text Banking In addition to viewing account information, you may use Mobile or Text Banking to conduct the following transactions if allowed by your agreement with your mobile phone carrier: (1)Transfer funds among your checking accounts, savings accounts and money market accounts. Make loan or line of credit payments. NOTE: Because regulations require TruChoice to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply: (a) Statement savings account. You can make no more than six transfers per statement period by pre-authorized or automatic transfer or by telephone or online services. (b) Money Market account. You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone or online services and no more than three of these may be by debit card. (2) New services may be introduced for mobile services from time to time. TruChoice will make these new services available online. By using these services when they become available, you agree to be bound by the rules made available to you online concerning these services. Our liability for failure to make a transfer If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances: (1) If through no fault of TruChoice, you do not have enough money in your account to make the transfer. (2) If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken. (3) If there is a hold on your account, or if access to your account is blocked, in accordance with credit union policy. (4) If your funds are subject to legal process or other encumbrance restricting the transfer. (5) If your transfer authorization terminates by operation of law. (6) If you believe someone has accessed your accounts without your permission and you fail to notify TruChoice immediately.
(7) If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement. (8) If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. (9) If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, your Membership Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed. Statements You will continue to receive an account statement either monthly or quarterly, depending on the type of account. If your statement shows transactions that you did not make, notify TruChoice Member Service immediately by calling between 8:30 a.m. to 5:00 pm. (Eastern Time), Monday-Friday at 1.800.639.5550 or 207.772.0808 or writing TruChoice Member Service at: TruChoice Member Service PO Box 10659 Portland, ME 04104 If you do not notify TruChoice within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if TruChoice had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting TruChoice, TruChoice will extend the time periods. Remote Deposit Capture Service There is no charge for using the Remote Deposit Capture service, but other fees, such as for returned items and overdrafts, may apply as set forth in the Rate and Fee Schedule, which may be amended from time to time, a copy of which you agree to having received with or prior to entering into this Agreement. You may deposit up to $10,000 per day. We may impose limits on the number of deposits you make through Remote Deposit Capture and such limits shall be provided to you when you access Remote Deposit Capture. We may change such limits at any time at our discretion. Special Rules for new accounts. During the first 30 days of membership. Items deposits by new members using Remote Deposit Capture will be subject to a two day hold. You agree that in order to use Remote Deposit Capture, your computer, scanner and other equipment must meet the current technical requirements we specify, as such may change from time to time, and you must have access to the internet. When using Remote Deposit Capture you may experience technical or other difficulties, including, without limitation, problems with your scanner or transmission
problems. We are not responsible for such technical or other difficulties. In particular, each image of a check you attempt to deposit using Remote Deposit Capture must be legible, as determined by us. If your scanning equipment produces check images that we determine are not of acceptable quality, we may reject your deposit. We are not responsible for problems arising out of your equipment or internet connections even if you are using equipment that meets our technical requirements. We may decline to accept any image of a check you submit through Remote Deposit Capture in our sole discretion. Without limiting that discretion, you agree that you will only seek to deposit checks, as that term is defined in the 12 C.F.R. Section 229 et al, ( Reg CC or any rules issued to replace this law), that are collectible (i.e., properly payable) through Remote Deposit Capture. You agree that you will not scan and attempt to deposit any of the following: Checks payable to any person or entity other than you; Checks containing alterations to any of the fields on the front of the check; Fraudulent checks, or checks that you should have known were fraudulent; Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer; Checks from financial institutions located outside of the U.S.; Checks that are not payable in U.S. dollars; Checks that are more than six (6) months old; Substitute checks as defined by Reg CC; Remotely created checks, as defined in Reg CC (checks that, among other things, do not bear the signature of the person on whose account the check is drawn); Travelers checks, savings bonds, money orders or postal money orders; Non-negotiable instruments, such as promissory notes; or Checks drawn on any of your TruChoice account(s). Each time you scan and submit check images of the front and back of the original check for deposit through Remote Deposit Capture, you represent and warrant that: Each check image is a complete and accurate representation of the front of a negotiable check; Each check image is a complete and accurate representation of the back of a negotiable check; The image is NOT of any of the prohibited items listed above; Each check image satisfies our image quality standards, as specified by us from time to time; The original check used to create the image has not been previously deposited, duplicated or used to create another image or electronic fund transfer; and No subsequent transferees of your check image, or any substitute check created from your check image, including but not limited to TruChoice, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the check image or substitute check was presented for payment or returned instead of the original paper check. All information you have provided to us is complete, accurate and true. Each time you scan and submit check images for deposit through Remote Deposit Capture, you also make all the warranties specifically set forth in and subject to the terms of the laws of the governing State s Revised Code Uniform Commercial Code (UCC) for the image as if it were an item subject to the terms of the UCC, including: (a) (b) (c) (d) (e) you are entitled to enforce the image; all signatures on the image are authentic and authorized; the image has not been altered; the image is not subject to a defense or claim in recoupment of any party which can be asserted against you; you have no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted image, the drawer; and
(f) if the image is a demand draft, creation of the image according to the terms on its face was authorized by the person identified as drawer. For any check deposited as an image through Remote Deposit Capture, you must endorse the check as [signature] For Credit Union Remote Deposit Capture only [account #] or as otherwise instructed by us before you scan the check. Checks received that are not endorsed in accordance with this provision may be rejected. We are not responsible for check images we do not receive or that are dropped during transmission. A check image will be deemed received by us only when we provide an online confirmation receipt to you that we have received your check image. When we confirm receipt of your check image, the image will still be subject to review before we submit it for collection and may still be rejected for any reason in our sole discretion. A confirmation is not a representation, warranty or other indication that the check image will be presented for collection or will be honored by any collecting or paying bank. If we reject a check image received through Remote Deposit Capture, then you may submit the original check by mail to us for processing unless we instruct you otherwise, or you may want to contact the drawer and have them reissue the check. If you do submit the original check for processing, we reserve the right to refuse to process it and may instead require you to have the check reissued. Once your check image has been credited to your account, you must mark the original check as VOID and retain the check for sixty (60) days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 60-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds, and to pay any associated fees. Immediately after this 60-day period, you must destroy the original paper check. You understand that we may convert items you deposit through Remote Deposit Capture into substitute checks, images, or ACH entries. As a result, in the event that your item is returned unpaid, you will only receive a copy of the substitute check or image, or in the case of ACH entries, the Automated Clearinghouse information. Bill Payment Service All payments you make will be deducted from the account that you designate as your Bill Pay Account for the Bill Payment service. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. Funds must be available in your Bill Pay Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday or holiday), funds must be available in your Bill Pay Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check. You may choose to schedule payments to recur in the same amount at regular weekly, bi-weekly or monthly intervals (a "recurring payment"). If a recurring payment is chosen, the bill will be paid
automatically each billing period. If the payment is not a recurring payment, it will be a "one-time payment." One-time payments do not recur and are not made until you enter the payee and amount of the current bill and submit the payment. You may change payments that are recurring payments; however, you must allow at least three (3) business days after we receive any change to information you have given us about a payee to reflect the change in our records. When you create a new payee in the Bill Payment service, it has a temporary status until we have had sufficient time to set up the account, and for your business payees, verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee. For all subsequent payments, you agree to allow at least five (5) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, and the payment is not received by the payee in a timely manner, a representative of TruChoice will work with the payee on your behalf to have any late fees or charges reversed. TruChoice is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. TruChoice will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of TruChoice. If the session during which you schedule a payment or transfer ends by 5:00 p.m., TruChoice will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the service, the time recorded by the Mobile Banking service controls. If your Bill Pay Account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the transfer or payment will be canceled and no further attempt will be made by TruChoice to make the transfer or payment. TruChoice shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of recurring payments, only the payment currently scheduled will be canceled. Recurring payments scheduled for future dates will not be affected. The way to cancel or change a payment is to use the Service. Payments must be changed or canceled using the Service prior to 5:00 p.m. on the business day prior to the date that the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by TruChoice, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed in order to continue in effect. TruChoice may pay any item that is presented following the lapse of any stop payment order. Electronic Mail
If you send TruChoice an electronic mail message, TruChoice will be deemed to have received it on the following business day. TruChoice will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with TruChoice immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. You agree that TruChoice may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by TruChoice shall be considered received within three (3) days of the date sent by TruChoice, regardless of whether or not you sign on to the Service within that time frame. YOUR RESPONSIBILITIES You represent and agree to the following by enrolling for Mobile Banking or by using the Service: Account Ownership/Accurate Information You represent that you are the legal owner of the Accounts and other financial information which may be accessed via 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 agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking. User Security 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 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 our username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk. User Conduct You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others
No Commercial Use or Re-Sale You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking Indemnification Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless TruChoice its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking (c) your breach of the representations, warranties or covenants set forth in this agreement, including without limitation your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that we may incur for processing an image or substitute check rather than the original paper check. ERRORS AND QUESTIONS If your Password has been lost or stolen, call TruChoice Member Service immediately at 1.800.639.5550 or 207.772.0808. Telephoning the credit union is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. In case of errors or questions regarding an online service or Bill Payment transaction, call TruChoice Member Service at 1.800.639.5550 or 207.772.0808 or write us at: TruChoice Member Service PO Box 10659 Portland, ME 04104 We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need: 1. Your name and account number (if any) 2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information 3. The dollar amount of the suspected error and date on which it occurred. If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. You agree that TruChoice may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by TruChoice shall be considered received within three (3) days of the date sent by TruChoice, regardless of whether or not you sign on to the Service within that time frame. PRIVACY We will disclose information to third parties about your account or the transfers you make: (1) where it is necessary for completing transfers; or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (3) in order to comply with government or court orders, or other reporting requirements; or (4) if you give us your written permission; or (5) to TruChoice affiliated companies. Information concerning your account history with TruChoice will be shared within the TruChoice organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the TruChoice organization. You may direct that information other than your TruChoice account history not be shared with TruChoice affiliates by e-mailing us or calling us at 1.800.639.5550 or 207.772.0808. You should review the Privacy Policy provided at www.trufcu.com at least annually. OTHER AGREEMENTS In addition to this Agreement, you and TruChoice agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Mobile, Text or Bill Payment services is your acknowledgment that you have received these agreements and intend to be bound by them. You agree that when you use any of these Services you remain subject to the terms and conditions of your existing agreements with TruChoice and with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Services (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and 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. You should review other disclosures received by you when you open your accounts at TruChoice including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in
the fee schedules accompanying those disclosures and the fee schedules available in each product description on the web site. MODIFICATIONS TO THIS AGREEMENT TruChoice may modify the terms and conditions applicable to these Services from time to time by making the new terms and conditions available at our web site. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. INACTIVITY OR TERMINATION You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason. If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 60 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service. To cancel the Online Banking and/or Bill Payment service, you must notify TruChoice and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify TruChoice by one of the following methods: (1) By sending an e-mail to TruChoice at trufcu@trufcu.com, or (2) By calling TruChoice at 207.772.0808, or (3) By writing a letter and either sending it to the following address: TruChoice Member Service PO Box 10659 Portland, ME 04104 GOVERNING LAW This Agreement is governed by the laws of Maine and California and applicable federal law.