Oregon Community Credit Union
Mobile/Internet Banking and Electronic Document Agreement

Introduction

This Agreement is the contract which covers your and our rights and responsibilities concerning Mobile/Internet Banking services offered to you by Oregon Community Credit Union ("Credit Union"). In this Agreement, the words "you" and "yours" mean those who request/enroll and use Mobile/Internet Banking services. The words "we," "us," and "our" mean the Credit Union. The words "the Service" refers to Oregon Community Credit Union Mobile/Internet Banking services. The word “document(s)” refers to other important electronic documents. The words “electronic document(s)” refer to other important documents.

I.        Mobile/Internet Banking Terms and Conditions

1. Acceptance of Agreement. By clicking the “I Accept” button when registering for Mobile/Internet Banking or by using the Mobile/Internet Banking service, you agree to the terms and conditions in this Agreement and any amendments. By reference, this Agreement is made part of the Oregon Community Credit Union Membership and Account Agreement. Acceptance of this Agreement indicates acceptance of the Credit Union Membership and Account Agreement.

a. Mobile/Internet Banking Services. Upon approval, you may use your personal computer/handheld device to access your accounts. You must use your Access Code along with your member/account number to access your accounts. The Mobile/Internet Banking service is accessible seven (7) days a week, twenty-four (24) hours a day. You will need a personal computer/handheld device and access to the Internet or cellular service. You are responsible for the installation, maintenance and operation of your computer/handheld device and for making sure you know how to use the Mobile Banking app (“Mobile app”). The Credit Union will not be responsible for any errors or failures involving any telephone or cable Internet service, software installation, or malfunctions of your home or work computer/handheld device and related equipment. You may experience technical or other difficulties related to use of the Mobile/Internet Banking service that results in loss of data, personalization settings or other service interruptions. We assume no responsibility for the timeliness, deletion, misdelivery, service interruptions, or failure to store any user data, communications, or personalization settings in connection with your use of the Mobile/Internet Banking service. We reserve the right to modify the scope of the Mobile/Internet Banking service at any time (see Section 6 for current Internet Banking service). We reserve the right to refuse to make any transaction you request through the Mobile/Internet Banking service. Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement. Transactions involving a line of credit or loan accounts will be subject to your Loan Agreement and Disclosures, as applicable.

b. Relationship to Other Agreements. You agree that when you use the Mobile Banking service, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers of yours, including service carrier or provider (e.g., , Verizon, Sprint, T-Mobile, Alltel, etc.), 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 be impacted by your use of the Mobile Banking service (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the Mobile Banking service, including while downloading the mobile app, receiving or sending Mobile Banking text messages, or other use of your handheld device when using the mobile app or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.

2. Mobile/Internet Banking Service Limitations. The following limitations to Mobile/Internet Banking transactions may apply:

a. Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your savings and money market accounts will be limited to a total of six (6) in any one month per Regulation D. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

b. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM deposit transactions and our Funds Availability Policy.

c. Email. The Credit Union may not immediately receive email communications that you send and the Credit Union will not take action based on email requests until the Credit Union actually receives your message and has a reasonable opportunity to act. We reserve the right to require any stop payment notices to be put in writing and we may refuse to send certain information through unsecure email communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 7.

3. Security of Access Code. The personal identification number (PIN) or user identification/password or "Access Code" is for your security. The Access Code is confidential and should not be disclosed to third parties or recorded in written or electronic form. You are responsible for safekeeping your Access Code. You agree not to disclose or otherwise make your Access Code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your Access Code that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of your Access Code and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately. If you believe that your Access Code, handheld device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile/Internet Banking to access your account(s) without your consent, or has transferred money without your permission, you must notify us promptly at the telephone number set forth in Section 7.

4. User Responsibilities. When you use the Mobile/Internet Banking service to access your accounts, you agree to the following:

a. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information that may be accessed via the Mobile/Internet Banking service. You represent and agree that all information you provide to us in connection with the Mobile/Internet Banking service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile/Internet Banking service. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

b. Proprietary Rights. You are permitted to use content delivered to you through the Mobile/Internet Banking service only in the Mobile/Internet Banking service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse-engineer or reverse-compile any Mobile/Internet Banking technology, including but not limited to, any software or other mobile applications associated with the Mobile/Internet Banking service.

c. User Conduct. You agree not to use the Mobile/Internet Banking service or the content or information delivered through the Mobile/Internet Banking service in any way that would: (A) infringe any third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the mobile app; (B) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to, use of the Mobile/Internet Banking service to impersonate another person or entity; (C) violate any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (D) be false, misleading or inaccurate; (E) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (F) be defamatory, 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 the Mobile/Internet Banking service; (I) interfere with or disrupt the use of the Mobile/Internet Banking service by any other user; or (J) use the Mobile/Internet Banking service in such a manner as to gain unauthorized entry or access to the computer systems of others.

d. No Commercial Use or Resale. You agree that the Mobile/Internet Banking services are for personal use only. You agree not to resell or make commercial use of the Mobile/Internet Banking service.

e. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate us and service providers from any and all third-party claims, liability, damages, expenses, and costs (including but not limited to, reasonable attorney’s fees) caused by or arising from your improper use of the mobile app or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

f. Third-Party Beneficiary. You agree that our service providers (including any provider of Software) may rely upon your agreements and representations in Sections 1 and 2 of this Agreement (above) and Section 6 of this Agreement (below), and such service providers are, for the purposes of those sections, third-party beneficiaries to this Agreement, with the power to enforce these provisions against you, as applicable.

5. Mobile Banking Mobile App License Agreement. Subject to your compliance with this Agreement, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub-licensable and non-assignable license (“License”) to download, install and use the mobile app on your handheld device within the United States and its territories. In the event that you obtain a new or different handheld device, you will be required to download and install the mobile app to that new or different handheld device. This License shall be deemed revoked immediately upon: (a) your termination of Mobile Banking in accordance with this Agreement; (b) your deletion of the mobile app from your handheld device; or (c) our written notice to you at any time with or without cause. If this License is revoked for any of the foregoing reasons, you agree to promptly delete the mobile app from your handheld device.

6. Internet/Mobile Banking Service. You may use the Internet/Mobile Banking service to perform the following activities:

a. Account Summary. View available balances, account activity, pending transactions, and balance and transaction history in all accounts that are enrolled in the Service.

b. User Entitlements (Business Accounts Only). This service allows you to create users within your Internet Banking Services within Internet Banking and assign different privileges and permissions to those users. You are responsible for creating and maintaining the user’s ID and password. In the event of a lockout, you are the only person who can unlock and/or reset the user’s password. Please carefully review the privileges and permissions granted to each user you have created. You are responsible for all actions performed by a user within the scope of that user’s privileges and permissions, even if you did not specifically request or approve of such action. Each user’s authority will remain in effect until you have notified the Credit Union that the authority is revoked.

c. eStatements. Access your account statements online; review previous statements up to seven (7) years or from the first time you sign up for eStatements, whichever is more recent. When you request eStatements, you understand and agree that your account statements will be provided to you electronically on an ongoing basis (subject to the terms and conditions of the Membership Account Agreement and any applicable loan agreements). eStatements are provided in readable, printable and downloadable format from our Internet Banking service.

d. Transfer Funds. Make transfers between your checking and savings accounts within the Credit Union and some loans (e.g., a Line of Credit) via Internet or Mobile Banking. Transfer funds from one of your Credit Union accounts to the account of another Credit Union via Internet Banking/Mobile Banking Service user. Transfer funds from one of your Credit Union accounts to an account that you own at another financial institution via Internet Banking. You may schedule, review, edit and delete recurring and/or one-time transfers. For avoidance of doubt, all of the online transactions described in Section 6(d) are subject to the applicable terms, conditions and policies that govern the accounts and services at issue.

e. Deposit Funds/Remote Deposit Capture Process. If we approve the Remote Deposit Service for you, you may access the Service through any means we offer. You may scan or photograph checks to create an electronic image and you may transmit the electronic image that the Credit Union will use to credit the check to your account. The Credit Union may, in its discretion, convert items meeting the Credit Union's required standards into substitute checks to facilitate the collection of such items. You agree that the Credit Union in its sole discretion shall determine the manner in which checks are transferred or presented for payment.

      i.        Funds Availability. Funds from items deposited through the Service will be available in accordance with the Credit Union’s Funds Availability Policy, as amended from time to time, which is incorporated herein by reference. You agree that the imaging and transmitting of checks alone does not constitute receipt by Credit Union. Also, acknowledgment of receipt or delivery does not constitute an acknowledgment by the Credit Union that the transmission of a check or item does not contain errors or that funds will be available. Checks deposited though Remote Deposit are not received by the Credit Union until we have acknowledged receipt and provided credit to your account.

     ii.        Deposit Limitations. The Credit Union may establish limits on the aggregate or individual dollar amount of checks deposited using Remote Deposit, and shall notify you if it does. You agree to abide by such limits.

    iii.        Deposit Acceptance. You agree that Credit Union may at any time, in its sole discretion, refuse to accept deposits of checks from you via Remote Deposit. In the event that the Service is interrupted or are otherwise unavailable, you may deposit checks in-person at a Credit Union branch or via night drop or mail or other contractually acceptable method.

    iv.        Equipment/Software/Mobile App. All equipment used in connection with the Remote Deposit service must satisfy technical specifications and requirements set forth in the Documentation. Such technical specifications and requirements may change from time to time in Credit Union’s sole discretion. Member assumes responsibility for any loss, damages, claims, expenses, or liability arising from malfunction of Member’s equipment. Credit Union will not be responsible in any manner for any deficiency caused in whole or in part by inaccurate or otherwise deficient data programs, equipment, or communication facilities provided by Member or parties other than Credit Union. In addition, Member agrees that Member will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or Service; (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.

     v.        Member Account. We will provide you with a confirmation of the details of each deposit made using the Service. You will be responsible for review and reconciliation of the account.

    vi.        Responsibility for Imaging. You are solely responsible for imaging deposit items, accessing the Service and for maintaining your imaging equipment. You will be responsible for the payment of all telecommunications expenses associated with the service. Credit Union shall not be responsible for providing or servicing any Equipment for you. You agree that each check you deposit through the Service will meet the image quality standards directed in the application.

   vii.        Eligible Deposit Requirements. You agree that you will only use the Service to deposit checks drawn on financial institutions within the United States, excluding its territories, and payable to you. For checks not falling within this requirement you must deposit those checks in person, using a night drop facility or by U.S. Mail.

  viii.        Deposit Prohibitions. You agree not to deposit, or attempt to deposit, or allow others, either directly or indirectly, to deposit, or attempt to deposit, by any means:

a)     any check that is originally payable to someone other than you (the owner of the account);

b)    any check that is originally made payable to more than one party;

c)     any Substitute Check, the original of which has already been presented for deposit via the Service;

d)    any image of a check that has already been deposited either as an original or as a Substitute Check;

e)     any original check, an image of which has already been presented for deposit via the Remote Deposit Service or any similar service;

f)     any check that you know or suspect, or should know or suspect bears a forged drawer’s signature, is altered, or is otherwise fraudulent or unauthorized;

g)    any check that is not payable in U.S. currency;

h)     any check that is dated more than six (6) months before the date of the deposit, or that is dated after the date of deposit;

i)      any check that is payable through (but not payable at) a U.S. financial institution;

j)      any check drawn on your own account with the Credit Union;

k)     any check that is marked as “non-negotiable;”

l)      any check that has previously been deposited and returned;

m)   any check that bears a qualified or conditional endorsement (note that checks may be deposited with the restrictive endorsement “for deposit only);

In the event that you, or any third party, makes, or attempts to make, a deposit in violation of this Subsection you agree to defend, indemnify, and hold Credit Union and its agents harmless from and against all liability, damage and loss arising out of any claims, suits, or demands brought by third parties with respect to any such Substitute Check or original check.  You agree that the aggregate amount of any items which are deposited more than once will be debited from your account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by Credit Union from any other deposit accounts with Credit Union in its sole discretion. You further acknowledge that you and not the Credit Union is responsible for the processing and handling of any original items which are imaged and deposited utilizing the Service and you assume all liability to the drawer of any item imaged using the Service or liability arising from the Credit Union's printing of any Substitute Check from those images.

    ix.        Check Retention & Destruction. You agree that all checks belong to you and not to the Credit Union and that those items shall be handled in accordance with this Agreement and your Membership and Account Agreement. After our receipt of a deposit transmission we will acknowledge by electronic means our receipt of such transmission. Your electronic transmission is subject to proof and verification. You will retain the original of all imaged checks that have been deposited via the Service for a reasonable period of time in order to verify settlement and credit or to balance periodic statements, but in no case beyond ninety (90) days from the date processed. It is your responsibility to properly destroy and dispose of such original checks after such time. During the period that you maintain any original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks.  These risks include, without limitation, (i) theft or reproduction of the original checks (including by employees) for purposes of presentment for deposit of these original checks (i.e., after the original checks have already been presented for deposit via the Service) and (ii) unauthorized use of information derived from the original checks.  When you dispose of any original checks, you understand and agree that you must use a high degree of care when selecting and implementing disposal procedures to ensure that the original checks are not accessed by unauthorized persons during the disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed.

     x.        Your Representations and Warranties. You represent and warrant:

a)     that each check deposit made using the Service complies with all terms and conditions of this Agreement;

b)    that you will comply with all federal and state laws, and rules and regulations applicable to deposit and check transactions;

c)     that all checks deposited through the Service are made payable to you;

d)    that all signatures on each check are authentic and authorized; and

e)     that each check has not been altered.

If you breach any of these representations or warranties, you agree to defend, indemnify and hold Credit Union and its agents harmless from and against all liability, damages and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize the Credit Union to charge its account for the amount of any such demand, claim or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code.

    xi.        Financial Responsibility. You understand that you remain solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds associated with accessing the Service. The Credit Union shall not be liable in any manner for such risk unless Credit Union fails to follow the procedures described in materials for use of the Service. You assume exclusive responsibility for the consequences of any instructions you give to the Credit Union, for your failures to access the Service properly in a manner prescribed by the Credit Union, and for your failure to supply accurate input information, including, without limitation, any information contained in an application.

   xii.        Account Reconciliation. You will verify and reconcile any out-of-balance condition and promptly notify the Credit Union of any errors within the time periods established in the Membership and Account Agreement after receipt of your account statement. If notified within such period, the Credit Union shall correct and resubmit all erroneous files, reports, and other data at the Credit Union's then standard charges, or at no charge, if the erroneous report or other data directly resulted from the Credit Union's error.

  xiii.        Financial Data. We will review and process your electronic file through batch processing at one time per day. The Credit Union agrees to transmit all the financial data under its control required to utilize the Service selected by you and to act on appropriate instructions received from you in connection with such Service. The Credit Union shall exercise due care in seeking both to preserve the confidentiality of the user number, password, test key, or other code or identifier and to prevent the use of the Service by unauthorized persons (and in this connection it is understood and agreed that implementation by the Credit Union of its normal procedures for maintaining the confidentiality of information relating to its members, and where practicable the obtaining by the Credit Union from any third parties engaged in the installation, maintenance and operation of the system of similar undertakings, shall constitute fulfillment of its obligation to exercise due care) but shall not otherwise be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of the Service. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the Service.

xiv.        Service Availability. You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  xv.        Exception Items.  When we review and process your electronic file, we may reject any electronic image that we determine to be ineligible for the Service ("Exception Item") including, without limitation, electronic images of items drawn on banks located outside the United States, items drawn on U.S. banks in foreign currency, electronic images that are illegible (due to poor image quality or otherwise), electronic images of items previously processed, electronic images previously converted to substitute checks, and electronic images with unreadable MICR information. We will notify you of any Exception Items. You agree that if you wish to attempt to deposit any Exception Item to any of your accounts with Credit Union, you will only do so by depositing the original item on which the Exception Item is based. You acknowledge and agree that even if you do not initially identify an electronic image as an Exception Item, the Substitute Check created by the Credit Union there from may nevertheless be returned to Credit Union because, among other reasons, the electronic image is deemed illegible by a paying bank. Credit Union's failure to identify an Exception Item shall not preclude or limit your obligations to Credit Union.

xvi.        Account Information. We will provide you with daily transaction history via the Mobile/Internet Banking service detailing items processed, returned items and deposit adjustments.

xvii.        Retention of Check Images. Credit Union will retain any Substitute Checks it generates for seven (7) years.

xviii.        Services Fees. You agree to pay all fees and charges for the Service as set forth on the Rate and Fee Schedule. All Service Fees are subject to change by Credit Union upon written notice to Member.

xix.        Disclaimer of Warranties. MEMBER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICE. THE CREDIT UNION MAKES NO AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CREDIT UNION DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). MEMBER FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. MEMBER HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.

  xx.        Limitation of Liability. THE CREDIT UNION'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY MEMBER AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF THE CREDIT UNION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL THE CREDIT UNION BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE CREDIT UNION'S LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO MEMBER IN CONNECTION WITH ANY MATTER.

xxi.        Your Duty to Report Errors. You will notify Credit Union of any errors, omissions, or interruptions in, or delay or unavailability of, the Service as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to you which reflects the error. Your failure to notify Credit Union of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve Credit Union of any liability for such error, omission, or discrepancy. Credit Union will not be liable if you fail to report timely any error or discrepancy reflected in an account statement prepared by Credit Union, or if you fail to report a breach of a security procedure. If Credit Union fails to perform under this Agreement in accordance with the standards set herein, Credit Union's liability for damages, losses, and other compensation owing to you will be limited as set forth above.

xxii.        Credit Union's Performance. You acknowledge and agree that Credit Union shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by Credit Union in performing the Service, in accordance with or unintentional deviation from the terms and conditions of this Agreement. You acknowledge that Credit Union's systems and procedures established for providing the Service are commercially reasonable.

xxiii.        Alternate Deposit Method. The Credit Union makes no warranty that the Service will be available at any particular time or for any particular deposit. You agree to maintain procedures and capability to make deposits through another method if the Service is inoperative or unavailable.

xxiv.        Force Majeure. The Credit Union shall not be responsible for liability, loss, or damage of any kind resulting from any delay in the performance of or failure to perform its responsibilities hereunder due to causes beyond the Credit Union's reasonable control.

xxv.        Termination. Either party may terminate this Agreement upon not less than ten (10) days prior written notice to the other party. Notwithstanding any such notice of termination, this Agreement shall remain effective as to any transaction occurring prior to such termination. Upon any termination of this Agreement, (i) you will immediately cease using the Service, and (ii) you will promptly remit all unpaid monies due under this Agreement. The Credit Union may immediately suspend or terminate your access to the Service in the event that the Credit Union reasonably determines such suspension or termination is necessary in order to protect the Service or the Credit Union from harm or compromise of integrity, security, reputation, or operation.

xxvi.        Modification of Services. Credit Union reserves the right to modify the Service from time to time without making prior notice to Member, provided, however, that Credit Union will give at least thirty (30) days’ notice prior to making any modifications to the Service that would materially alter their functionality.

xxvii.        Enforcement. Member agrees to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the State of Oregon as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.

f. Electronic Bill Payment. This service allows users to make bill payment transfers to creditors or merchants designated by member and approved by us (collectively, "Payees") through the bill payment services.

      i.        You agree not to make any payments to any address outside the United States using the electronic bill payment service.

     ii.        The electronic bill payment services offered via the Internet Banking Service enables you to arrange for the payment of your current, future and recurring bills from a designated account. There is a minimum of $1.00 and a maximum of $25,000.00 per Payee per business day, subject to the monthly transfer limitations on certain accounts as set forth above.

    iii.        Tax payments, court-directed or court-ordered payments such as alimony, child support, speeding tickets, and collection agency payments may be scheduled via electronic bill payment services; however, such payments are discouraged and must be scheduled at your own risk. You agree that if you attempt to make such payments, we will not be responsible for that payment and you are solely responsible for paying any and all late fees and penalties assessed by that Payee. These payments are not covered under the Payment Guarantee within the bill payment services. Account research and mis-posted or misdirected payments will be your sole responsibility.

    iv.        Electronic bill payment may only be issued from checking accounts. The following terms apply specifically to the electronic bill payment services:

a) Subject to the limitations on transfers from share, savings and money market accounts, there is no limitation on the number of electronic bill payments that can be authorized. You may pay any merchant or individual approved by the Credit Union for payment through the electronic bill payment services.

b) By furnishing the Credit Union with the names of your designated Payees and their addresses, you authorize us to follow the payment instructions to these Payees that you provide us. You may have up to 100 (one hundred) Payees associated with your electronic bill payment service.

c) When we receive an electronic notification from you containing bill payment instructions, we will remit funds to the designated Payee on your behalf from the funds in the account you select on the date that you have instructed such funds to be sent (the Send-on Date). When the Deliver-by Date falls on a Saturday, Sunday or a federal holiday, the payment will be delivered on the preceding business day. We will not be obligated to make any such payment unless the account that you select (and the overdraft protection sources for such account, if applicable) has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for all bill payments will be withdrawn from your designated account on the day that payment is scheduled to be sent to the Payee. Your electronic bill payments must not exceed the Available Balance in the account from which you are directing payment to be made, less any checks or other payments issued or made from such account, from which checks and payments have not yet been deducted from the applicable account balance.

d) You understand that the Available Balance in an account may be less than the account statement balance if you have made recent non-cash deposits to the account (for example, the funds from a check deposit will take longer to be available for withdrawal than the funds from a cash deposit). You agree and understand that if you overdraw any account, you will pay the full amount of any overdraft to the Credit Union immediately along with the applicable fee for overdrafts.

e) You understand that the Credit Union will be able to make payments via the electronic bill payment services only to those Payees who permit and accept such electronic payments. In the event that you attempt to make an electronic bill payment to a Payee that does not permit such electronic payments, the Credit Union will issue a paper check to the applicable Payee.

f) You authorize the Credit Union to follow the payment instructions you provide to the Credit Union in all applicable electronic bill payment notices. You agree to provide the Credit Union with the names, addresses, phone numbers and account information of those persons or entities that you wish to pay via electronic bill payment.

g) While the Credit Union will attempt to process and complete electronic bill payments by the selected Deliver-by Date, you understand and agree that due to circumstances beyond the control of the Credit Union, including without limitation, delays by the Payee and the Payee's banks or agents in the handling and posting of electronic payments to your account at the Payee, some electronic bill payments may take one (1) or more business days longer to be posted to your account at the Payee. For this reason, the Credit Union recommends that you select a Deliver-by Date that is a few business days before the actual due date of the payment. You agree that the Credit Union will not be responsible for any electronic bill payment that results in the Payee issuing a late fee or penalty if you did not follow this recommendation.

h) You have the right to stop or change any pre-scheduled payment (such as scheduled recurring payments or one-time payments that are scheduled in advance) as provided below. You must cancel the payment by no later than twenty-four (24) hours before the Deliver-by Date by following the instructions for such procedure provided on the Credit Union website. You understand and agree that once a pre-scheduled payment is processed by the Credit Union, it cannot be stopped by you electronically.

i)  Your designated account will be used to debit funds and any fees applicable to electronic bill payment transactions. We may change or add fees as set forth in our Rate and Fee Schedule or on the website for specific services. If you close the account that you have designated for electronic bill payment services, you must identify a new account for the selected services. If you close all accounts, the Credit Union will cancel your electronic bill payment services.

j)  If the Credit Union does not complete an electronic bill payment transaction on time or in the correct amount, the Credit Union will pay any late fees or finance charges that you may incur as long as your payment qualifies for the Payment Guarantee defined within the bill payment service. The definition for the Payment Guarantee is subject to change at any time. The Credit Union will also be liable to you if it fails to stop an electronic payment pursuant to your timely instruction to do so as set forth in this Agreement. The Credit Union’s liability for any such damages is subject to the exceptions set forth in Section 12 below. In no event will the Credit Union be liable for indirect, special or consequential damages arising out of use of the electronic bill payment services or any of the other Mobile/Internet Banking services.

k) The Credit Union’s electronic bill payment services may be used by a single person. In addition, joint access to accounts requires that all persons having access to such accounts jointly sign on the checking or other accounts linked to the Mobile/Internet Banking service. Each joint account holder must establish a separate User ID and password. Joint account holders must share the same Payee list and are subject to the rules contained in the Membership & Account Agreement.

g. eBills and eBill Presentment. Users may receive and view bills electronically from designated creditors or vendors that participate in eBill presentment programs and from which you authorize the Credit Union to retrieve your eBill information.

h. eAlerts. Users may set up email alerts for certain events such as low balance and bill reminders. Please note that if you sign up to receive eAlerts from the Credit Union, those eAlerts are provided for your convenience only. It remains your sole responsibility to check your account balances and to pay your bills in a timely manner, whether or not you receive an eAlert. The Credit Union is not liable for your actions or your failure to act or for any consequences relating to any failure to deliver an eAlert or the delivery of any eAlert that is incomplete or erroneous.

i. Stop Checks. Users may submit to the Credit Union stop check requests for paper drafts only.

j. Other Services. The Credit Union provides other consumer services, which may change or be enhanced from time to time, including the following:

          i.    Download account history and information into Quicken or Microsoft Money;

         ii.    View account information in Money Manager;

        iii.    Edit or update your member information/profile;

        iv.    View check images; and

         v.    Communicate with the Credit Union via email and via the Mobile/Internet Banking service.

7. Member Liability. You are responsible for all transfers you authorize using the Mobile/Internet Banking service under this Agreement. If you permit other persons to use your Access Code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Access Code and accessed your accounts without your authority. Calling the Credit Union is the best way of keeping your possible losses down.

For Mobile/Internet Banking transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Access Code, and we can prove that we could have prevented the unauthorized transaction if you had told us in time, you could lose as much as $500. Your liability for unauthorized loan transactions through the Mobile/Internet Banking service will not exceed $50.

Also, if your statement shows Mobile/Internet Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days of the mailing date of your statement, you may be liable for the full amount of the loss if we can prove that we could have prevented the unauthorized transactions if you had told us in time. Should some emergency such as extended travel or hospitalization prevent you from contacting us, a reasonable extension of time will be allowed.

If you believe your Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: 541.687.2347 (Eugene), 503.588.2347 (Salem), 503.295.2347 (Portland), 800.365.1111(Toll free) or write: Oregon Community Credit Union, P.O. Box 77002, Springfield, OR 97475-0146.

8. Business Days. Our business days are Monday through Friday. Holidays are not included.

9. Fees and Charges. There is no charge for Mobile/Internet Banking account access services. Fees and charges for other services available through Mobile/Internet Banking are shown in the Rate and Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your Personal Line of Credit, such transactions may be subject to finance charges and fees under the terms and conditions of your Loan Account Agreement.

10. Right to Receive Statements. Transfers, withdrawals and bill payments transacted through the Mobile/Internet Banking service will be recorded on your periodic statement. You will receive a statement monthly unless there are no transactions in a particular month. In any case, you will receive a statement at least quarterly.

11. Account Information Disclosure. We may disclose electronic funds transfer information to third parties about your account or the transfers you make, as necessary: to complete transfers; to verify the existence of sufficient funds to cover specific transactions upon the request of an authorized party to the transaction; to comply with government agency or court orders; or if you give us your express permission.

12. Limitation of Liability for Mobile/Internet Banking Services. If we do not complete a transfer to or from your consumer account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. (A consumer account is defined as an account belonging to a natural person and used primarily for personal, family or household purposes.) Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any property damage or loss, whether caused by the equipment, software, Credit Union, Internet browser providers, internet access providers, online service providers, or an agent or subcontractor of any of the foregoing. Neither we nor the service providers will be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, the Credit Union Mobile/Internet Banking service or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Credit Union Mobile/Internet Banking service and may have referred to such communication as "secure," we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusions or limitation of such damages, our liability is limited to the extent permitted by applicable law.

 

 

 

Additionally, the Credit Union will not be liable for the following:

a.     If, through no fault of ours, you do not have enough money in your account to complete a transaction, your account is inactive or closed, or the transaction amount would exceed the credit limit on your Line of Credit.

b.    If you used the wrong Access Code or you have not properly followed any applicable user instructions for making transfers and bill payment transactions.

c.     If your computer/handheld device fails or malfunctions or the Mobile/Internet Banking service was not properly working and such problem was or should have been apparent when you attempted such transaction.

d.    If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular creditor and a fee, penalty, or interest is assessed against you.

e.     If circumstances beyond our control (such as fire, flood, telecommunications outages or strikes, equipment or power failure) prevent the transaction.

f.      If the funds in your account are subject to a legal process or other claim, or if your account is frozen because of a delinquent loan, overdrawn account, or suspected fraud.

g.    If the error was caused by a system beyond the Credit Union's control such as a telecommunications system or internet service provider.

h.    If you have not given the Credit Union complete, correct, or current information so the Credit Union can process a transaction.

i.      If there are other exceptions as established by the Credit Union.

13. Termination of Electronic Funds Transfer Services. You agree that we may terminate this Agreement and your electronic funds transfer services, if you or any authorized user of your Mobile/Internet Banking service or Access Code breach this or any other Agreement with us, if we have reason to believe that there has been an unauthorized use of your accounts or Access Code, or for any other reason permitted by law. You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. If you terminate, you authorize us to continue making transfers and bill payments you have previously authorized until we have had a reasonable opportunity to act upon your notice of termination. If we terminate this service, we reserve the right to make no further transfers or bill payments you have authorized.

14. Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail (or email, if you have agreed to the E-Sign disclosure) notice to you at least thirty (30) days before the effective date of any Electronic Funds Transfer (EFT) change, as required by law. Use of this service is subject to existing regulations governing the Credit Union accounts and any future changes to those regulations.

15. Billing Errors. In case of errors or questions about your Mobile/Internet Banking transactions, call us at the phone numbers or write us at the address set forth in Section 7 above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

a.     Tell us your name and member/account number.

b.    Describe the transaction you are unsure about, including the transaction confirmation or reference number if applicable, and explain as clearly as you can why you believe it is an error or why you need more information.

c.     Tell us the dollar amount of the suspected error.

The following two paragraphs apply only to consumer accounts (an account belonging to a natural person and used primarily for personal, family or household purposes):

          i.    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question and up to ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States. If we decide to do this, we will re-credit your account within ten (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 ten (10) business days, we may not re-credit your account.

         ii.    If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents relied upon to conclude that the error did not occur (to the extent possible without violating other members' rights to privacy).

16. Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Oregon law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

II.        Online Disclosure Acceptance

By clicking “Accept,” you accept the Mobile/Internet Banking Agreement and Electronic Disclosures provided to you online. You may be redirected to additional information regarding electronic disclosures and notifications. You may print a copy at the link noted below or you may request a printed copy be mailed to you by contacting the Credit Union at: 541.687.2347 (Eugene), 503.588.2347 (Salem), 503.295.2347 (Portland), 800.365.1111 (Toll free) or write Oregon Community Credit Union, P.O. Box 77002, Springfield, OR 97475-0146.

III.        Electronic Documents

THIS AGREEMENT SERVES TO (A) OBTAIN YOUR AFFIRMATIVE CONSENT TO RECEIVE CERTAIN CONSUMER DISCLOSURES REQUIRED BY LAW IN ELECTRONIC FORM AND TO PROVIDE YOU WITH A CLEAR AND CONSPICUOUS STATEMENT ABOUT YOUR RIGHTS REGARDING THE RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES PURSUANT TO FEDERAL LAW; AND (B) PRESENT YOU WITH THE REQUIRED CONSUMER DISCLOSURES FOR INTERNET BANKING SERVICES. BY CLICKING THE "I ACCEPT" BUTTON, YOU AFFIRMATIVELY CONSENT TO RECEIVE SUCH DISCLOSURES IN ELECTRONIC FORM AND AGREE TO THE TERMS OF THIS AGREEMENT.

In addition, if you opt or have opted to receive electronic delivery of account statements (by signing up for the eStatement service), then as of the time of your consent to the eStatement Opt-In Consent Agreement the following terms will apply: (A) you understand and agree that any and all notices, changes in terms, disclosures and communications regarding your account statements, including this Agreement, may be made electronically; (B) your ongoing consent to receive electronic delivery of account statements only is voluntary and may be withdrawn at any time upon notice to the Credit Union; (C) you may withdraw your consent at any time by contacting the Credit Union; and (D) you understand and agree that it may take up to three (3) business days to enact the change to resume paper statements.

1. Accessing Paper Copies. At any time, you may request a paper copy of any document presented to you electronically. The documents provided to you electronically will not be sent to you in a paper unless you contact the Credit Union and request a paper copy of a particular document. There are no fees, penalties or restrictions for requesting a paper copy of any account opening document you received in electronic format.

2. How to Contact Oregon Community Credit Union. 541.687.2347 (Eugene), 503.588.2347 (Salem), 503.295.2347 (Portland), 800.365.1111 (Toll free) or write: Oregon Community Credit Union P.O. Box 77002 Springfield, OR 97475-0146

3. Updating Your Personal Contact Information. You are responsible to notify the Credit Union of your current contact information, including your name, physical address, email address and phone number. You may contact the Credit Union in person or by any of the means describe in “How to Contact Oregon Community Credit Union” to update your personal contact information.

4. Required Hardware and Software. To access, receive and retain electronically delivered documents, you need at least the following:

Operating Systems:

Windows XP, Windows Vista, Windows 7, Mac OSX.

Browsers Signing:

Final release versions of Internet Explorer 7.0 or above (windows only); Mozilla Firefox 3.0 or above (windows and Mac); Safari 3.0 or above (Mac OS only); Google Chrome 5.0 or above.

Mobile Signing:

Apple iOS 4.0 or above. Android 2.2 or above.

PDF Reader:

Acrobat® or similar software may be required to view and print PDF files.

Screen Resolution:

1024 x 768 minimum.

Enabled Security Setting:

Allow per session cookies.

 

5. Agreement for Receiving Electronic Disclosures. Under regulations set by the National Credit Union Administration and other federal and state regulators, you are entitled to receive certain disclosures, which include (A) account-related disclosures covered under the Truth in Savings Act, the Truth in Lending Act, the Fair Credit Reporting Act, the Electronic Funds Transfer Act, and any other current or future federal and state statutes that may by enacted or amended; (B) privacy notices; (C) change-in-terms notifications; (D) and any other Credit Union communications. These will be delivered to you in electronic form in lieu of having these items printed in paper form and mailed to you. You should print a copy of each disclosure delivered, read it carefully, and retain it for your reference. When you click the "Yes, I Accept" button, upon registration, you agree to receive any additional Credit Union disclosures electronically.

6. Error Resolution. You understand the importance of your role in preventing misuse of your account. You agree to promptly examine your electronic documents and notify us IMMEDIATELY of any errors on your account.

We must hear from you no later than sixty (60) days after we sent the FIRST (1) electronic document on which the problem or error appeared. The electronic document will be considered correct for all purposes and the Credit Union will not be liable for any payment made or charged to your account unless you notify the Credit Union in writing within the above time limit after the electronic document and checks are made available to you. See Section 7 Member Liability and Section 15 Billing Errors for added detail regarding issues.

7. Confidentiality. You agree to protect the confidentiality of your account and account number, and your personal identification number. The Credit Union will disclose information to third parties about your account only:

a.     When it is necessary for completing a technical support call to our electronic document provider;

b.    In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;

c.     To comply with a government agency or a court order.

8. Amendments. This Agreement may be amended by the Credit Union at any time at its discretion. You will receive any notice of amendments required by law via email.

9. Other Limitations of Liability. You are solely responsible for the selection, installation, maintenance, and operation of your personal handheld device, computer and software. The Credit Union expressly disclaims any and all liability as it relates to the improper use of your personal handheld device, computer and the transmission of data. The Credit Union is not responsible and will not be liable for:

a.     Any errors or failures due to any malfunction of your personal handheld device, computer or software, or unsuitability of your personal handheld device, computer or software, or any virus, or any problems that may be associated with the use of any Internet service.

b.    If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment, power or ATM network failure) prevent making the transaction or if there are other exceptions as established by the Credit Union from time to time.

c.     The Credit Union will notify you of any change to the software and hardware requirements needed to access this Service within an acceptable period. If you do not agree to the changes required, you may terminate the Service without charge.

10. Duration and Termination of Agreement and Service. When you click the “I Accept” button upon registration, you consent to receipt of your documents electronically and will receive your documents electronically until you revoke that consent. You may terminate your consent to electronic delivery of disclosures at any time by: You may call or write to us at: 541.687.2347 (Eugene), 503.588.2347 (Salem), 503.295.2347 (Portland), 800.365.1111 (Toll free) or write: Oregon Community Credit Union, P.O. Box 77002, Springfield, OR 97475-0146.

The Credit Union may terminate its Service and this Agreement and Disclosure at any time by giving you advance notification via email.

11. Governing Law. This Agreement is made in the state of Oregon and shall be construed and governed by the laws of the state of Oregon, without regard to its conflicts of laws, provisions and to the extent that Oregon law is not inconsistent with controlling Federal Law.