Rev. Date: 06/2023
MEMBERSHIP &
ACCOUNT AGREEMENT
How Your Credit Union Works
MEMBERSHIP & ACCOUNT AGREEMENT
How Your Credit Union Works
l: Membership and Accounts
1. Membership Eligibility ............................................................................................................................................................................ 1
2. Always A Member ................................................................................................................................................................................... 1
3. Voting ....................................................................................................................................................................................................... 1
4. Individual Accounts ................................................................................................................................................................................ 1
5. Joint Accounts .......................................................................................................................................................................................... 1
6. Accounts for Minors ............................................................................................................................................................................... 1
7. Accounts for Trusts ................................................................................................................................................................................. 1
8. Accounts of Businesses and Organizations......................................................................................................................................... 1
9. Deposit Requirements ........................................................................................................................................................................... 1
10. Account Access ........................................................................................................................................................................................ 2
11. Account Rates and Fees ......................................................................................................................................................................... 3
12. Transaction Limitations ......................................................................................................................................................................... 3
13. Overdrafts ................................................................................................................................................................................................ 3
14. Courtesy Pay (A Discretionary Overdraft Service) .............................................................................................................................. 3
15. Postdated and Staledated Items........................................................................................................................................................... 4
16. Stop Payment Orders ............................................................................................................................................................................. 4
17. Credit Union’s Liability for Errors .......................................................................................................................................................... 5
18. Credit Union Lien and Security Interest ............................................................................................................................................... 5
19. Legal Process ........................................................................................................................................................................................... 5
20. Account Information .............................................................................................................................................................................. 5
21. Notices ..................................................................................................................................................................................................... 5
22. TaxpayerIdenticationNumbers ......................................................................................................................................................... 5
23. Credit Reporting ...................................................................................................................................................................................... 5
24. Statements .............................................................................................................................................................................................. 5
25. Dormant, Lost and Abandoned Accounts ........................................................................................................................................... 6
26. Termination of Account ......................................................................................................................................................................... 6
27. Termination of Membership ................................................................................................................................................................. 6
28. Death of Account Owner ....................................................................................................................................................................... 6
29. PODBeneciaries ................................................................................................................................................................................... 6
30. Special Account Instructions ................................................................................................................................................................. 6
31. Monitoring and Recording Telephone Calls ........................................................................................................................................ 6
32. Audio/Video Recording or Photography .............................................................................................................................................. 6
33. Consent to Contact ................................................................................................................................................................................. 6
34. Waiver of Notices .................................................................................................................................................................................... 6
35. Derogatory Communications ................................................................................................................................................................ 7
36. Severability .............................................................................................................................................................................................. 7
37. Enforcement ............................................................................................................................................................................................ 7
38. Governing Law ........................................................................................................................................................................................ 7
ll: FUNDS AVAILABILITY POLICY
1. General Policy for Savings Accounts .................................................................................................................................................... 7
2. Policies for Checking Accounts ............................................................................................................................................................. 7
3. Deposits Using Remote Methods ......................................................................................................................................................... 7
lll: ELECTRONIC FUNDS TRANSFER AGREEMENT
1. Online Banking ........................................................................................................................................................................................ 7
2. Online Bill Pay Services .......................................................................................................................................................................... 8
3. Mobile Banking Services ........................................................................................................................................................................ 9
4. Electronic Transfer Services ................................................................................................................................................................ 10
5. Security of Access Code ....................................................................................................................................................................... 11
6. Member Liability ................................................................................................................................................................................... 12
7. Business Days ....................................................................................................................................................................................... 12
8. Fees and Charges.................................................................................................................................................................................. 12
9. Transaction and Account Information ............................................................................................................................................... 12
10. Preauthorized Electronic Fund Transfers .......................................................................................................................................... 12
11. Credit Union Liability for Electronic Services ..................................................................................................................................... 13
12. Statement Errors on Consumer Accounts ......................................................................................................................................... 13
13. Safety Notice ......................................................................................................................................................................................... 13
14. Mobile and Online Deposit Services ................................................................................................................................................... 13
15. Amendments ......................................................................................................................................................................................... 15
16. Termination of Electronic Services ..................................................................................................................................................... 15
17. Enforcement .......................................................................................................................................................................................... 15
Membership & Account Agreement
This Agreement is the contract of deposit, which covers your and our
rights and responsibilities concerning membership and account(s)
oered to you. In this Agreement, the words “you” and “yours”
mean all of those who sign the Application for Membership, Account
EnhancementCardorAccountChangeCard.Thewords“we,”“us,”and
“our” mean the Rivermark Community Credit Union (“Credit Union”).
Theword“account”meansanyoneormoreshareordepositaccounts
youhavewiththeCreditUnion.Thewords“AccountCard”meanany
Application for Membership, Account Enhancement Card, or Account
Change Card.
Theclassicationandformofownershipofyouraccounts(including
Certicates of Deposit) are designated on your Account Card. By
signing the Application for Membership or Account Card that is a
part of this Agreement, each of you, jointly and severally, agree to the
terms and conditions in this Agreement, which includes the Funds
Availability Policy, Electronic Funds Transfer Agreement, and the Truth-
in-Savings Disclosures including the Deposit Rate Sheet, Fee Schedule,
any account receipt, and including any amendments to these which we
may make from time to time. You agree that additional accounts and
services you request in the future will be governed by this Agreement.
I. MEMBERSHIP AND ACCOUNTS
1. Membership Eligibility. To be eligible for membership in the Credit
Union,youmustbeanindividualorentityqualifyingwithinoureldof
membership and must purchase and maintain at least one share (the
Membership Share Account) as required by our Bylaws. You authorize
us to check your account, credit, and employment history, and obtain
credit reports from third parties, including credit reporting agencies, to
verifyyouridentity,eligibility,andqualicationsforanyaccountsand
servicesyourequest,thatwemayoer,orforwhichyouqualify.
2. Always a Member. Once you join us, you will retain your membership
provided you maintain a minimum share deposit required by our
Bylaws and abide by the terms of this Agreement, the Bylaws, and
other applicable laws, policies, and procedures. If you leave your job
or move from the area, you can still use the Credit Union, provided you
keep your share account open.
3. Voting. The Credit Union is owned and operated by our members.
Each primary member may cast one vote at our annual meeting to
elect our Board of Directors. Joint owners are not eligible to vote.
4. Individual Accounts. An individual account is an account owned
by one depositor including any individual, corporation, partnership,
trust, or other organization. If the account is an individual account, the
interest of a deceased individual owner will pass, subject to applicable
law,tothedecedent’sestateorPayableonDeath(“POD”)beneciary,
if applicable.
5. Joint Accounts. An account owned by two or more persons is a joint
account. As used in this Agreement, “joint owner” includes any user
authorized by you on an account, regardless of whether that user has
any ownership interest in the account or any funds in it.
a. Right of Survivorship. Joint owners’ rights in accounts are held
jointly with rights of survivorship. As such, upon the death of one of
the joint owners, that person’s interest will become the property of
the surviving joint owner(s).
b. Rights of Joint Owners. Any joint owner is authorized and
deemed to act for the other owner(s) and we may accept orders and
instructions regarding the account and requests for future services
from any other owner. Each owner guarantees the signature of the
other owners. Any owner may stop payment on items drawn on an
account, and/or withdraw or pledge all or any part of the shares of
any account, except funds representing a membership share, without
the consent of other owners(s), and we shall have no duty to notify
any other owner(s) of any such actions. Any owners may remove
themselves from any account at any time. The primary member
may remove a joint account owner from the account without prior
approval of any other joint account owner. The Credit Union may
require the primary member to complete a new Signature Card
(without the signature of the joint account owner) before removal of
thejointaccountowneriseective.Ifwereceivearequestbyajoint
owner to remove the primary member we may treat the inquiry as a
request for a withdrawal of all funds (except the membership share)
from the existing account and a transfer to another account of those
funds. The Credit Union may require written consent of all owners
foranychangeto,orterminationoftheaccounttobeeective.The
removal from an account does not aect a joint owner’s liability
for transactions on the account that occurred while they were an
owner. If we receive written notice of a dispute between owners or
inconsistent instructions from them, we may suspend or terminate
the account, require a court order to act, or require that all joint
owners agree in writing to any transaction concerning the account.
c. Joint Owner Liability. If any item deposited in a joint account is
returned unpaid or an account is overdrawn, or if we do not receive
nalpayment on anytransaction, each oftheaccount’s owners is
jointly and severally liable to us for the unpaid amount and any
charges, regardless of who created the overdraft, deposited or
cashed the item, or beneted from the transaction. If any owner
is indebted to the Credit Union, we may enforce our rights against
any or all funds in the joint account regardless of who contributed
the funds to it. A surviving owner’s interest is subject to the Credit
Union’s statutory lien and security interest for the deceased owner’s
obligations, and to any security interest or pledge granted by a
deceased owner, even if a surviving owner did not consent to it.
6. Accounts for Minors. If a minor is an owner on an account, we
reserve the right to require a joint owner who is the parent or legal
guardian of the minor. The Credit Union may make payments of
funds directly to the minor. If any amounts cannot be collected from
the minor, the joint owner agrees to pay them. The Credit Union has
no duty to inquire as to the use or purpose of any transaction by the
minor or joint owner.
a. Uniform Transfer to Minor Accounts. A Uniform Transfer
to Minor Account (UTMA) is an individual account established in
accordance with Oregon law by a member as a custodian on behalf
of a minor (a person under twenty-one (21) years of age). The
custodian shall open the account in the name of the minor, include
the minor’s tax identication number, and must sign his or her
own name on the Account Card. The custodian is the owner of the
accountfortheexclusiverightandbenetoftheminorand,barring
a court order otherwise, is the only party entitled to make deposits
to, withdrawals from, or close the account. The custodian must hold
and use the funds in accordance with applicable law, but we will not
be responsible for verifying the use or disposition of any funds in
such an account. In the event of the custodian’s death, if there is
no designated successor custodian, the Credit Union may place an
administrative hold on the account until it receives instructions from
any person authorized by law to withdraw funds or a court order
authorizing such withdrawal. It is the Custodian’s responsibility to
change the status of the account when the minor reaches age of
majority.
7. Accounts for Trusts. An account for a trust is an individual account
heldbyoneormoretrusteesofatrustforthebenetofoneormore
beneciaries pursuant to a trust agreement. Upon request of the
Credit Union, the trustee shall complete or provide any documentation
we require. The Trustee warrants that a valid trust has been created
andcurrentlyexists,andthatthetrustorandprimarybeneciaryare
eligible for membership in the Credit Union. The Credit Union does not
act as a trustee and is under no obligation to inquire as to the powers
or duties of the trustee(s). The Trustee agrees to notify us in writing if
a change of trustee occurs. We may withhold payment of funds to any
party until proper evidence of authority is provided. The Credit Union
may rely upon the directions of any trustee until a written notice of
revocation of the trust or a change in trustees is received. Funds may
be released to any one trustee acting alone or with a co-trustee. The
trustee(s) agrees to indemnify and hold us harmless of any liability,
claim, damage or loss arising as a result of unauthorized acts of any
trustee or former trustee or acts of any trustee upon which the Credit
Union relies. This Agreement shall be binding on the trust, any trustee,
successortrusteesandbeneciaries.
8. Accounts of Businesses and Organizations. Upon our request,
the authorized representative for the business or organization shall
complete or provide any documentation we require. You agree to
notify us of any change in authorized representatives in writing, which
will not be eective until we have had a reasonable time to change
our records. The Credit Union may require that checks payable to a
business may not be cashed, but must be deposited to a business
account. You agree not to hold us responsible for any breach of
duciaryduty arisingfrom atransaction by anyagent ofan account
owner, unless the Credit Union has actual notice of any wrongdoing.
9. Deposit Requirements. Funds may be deposited to any account
in any manner approved by the Credit Union in accordance with the
requirements set forth on the Deposit Rate Sheet and Fee Schedule.
All accounts are nonassignable and nonnegotiable to third parties.
CerticateaccountsaregovernedbythetermsofthisAgreementand
thetermsanddisclosuresonyourCerticateofDepositReceiptand
our Truth in Savings Disclosure, which is incorporated herein by this
1
reference. You agree not to deposit any substitute check or similar
item that you have created, or for whichno nancial institution has
provided any substitute check warranties and indemnity. If you do so,
you agree to indemnify the Credit Union for all losses the Credit Union
incurs in connection with the substitute check or item. You agree not
to deposit any substitute check without our consent.
a. Endorsements. You authorize the Credit Union, in its discretion,
to accept items for deposit into any of your accounts, whether or not
they are endorsed by all payees. You authorize us to supply missing
endorsements if we choose to supply such endorsements. The Credit
Union reserves the right to verify all endorsements on third party
checks presented for deposit either in person or by comparison with
membersignaturelesandtorequireyoutomeetanyendorsement
requirements on insurance, government, or other checks or drafts.
Endorsements must be placed in the space on the back of the check
between the top edge and 1½ inches from the top edge. The Credit
Union may accept drafts or checks with endorsements outside this
space. However, if any such endorsement or other markings you or
any prior endorser make on the check cause any delay or error in
processing the item for payment, you will be responsible for any loss
incurred by the Credit Union due to the delay or error.
b. Collection of Items. In handling items for deposit or collection, the
Credit Union only acts as your agent and assumes no responsibility
beyond the exercise of ordinary care. The Credit Union will not be
liable for default or negligence of any correspondent or for loss
in transit, and each correspondent will only be liable for its own
negligence. The Credit Union reserves the right to send any item for
collection.
c. Final Payment. AllitemsorAutomatedClearingHouse(“ACH”)
transfers credited to your account are provisional and subject to our
receiptofnalpayment.Ifnalpaymentisnotreceived,wereserve
the right to charge your account for the amount of those items or
ACH transfers and impose a return charge on your account. After we
havereceived nalpayment, werefer tothedeposits ascollected
items. If the Credit Union incurs any fee to collect any item, we may
charge such fee to your account. The Credit Union reserves the right
to refuse or to return all or any item or funds transfer. We shall
have the right to charge back against your account all previously
deposited items or other items endorsed by you that are returned
to the Credit Union unpaid, regardless of whether the amount of the
item has been available for your use.
d. Direct Deposits. The Credit Union may oer direct deposit
options allowing you to preauthorize deposits (i.e., payroll checks,
Social Security or retirement checks, or other government checks)
or preauthorize transfers from other accounts at the Credit Union.
You must authorize any direct deposits or preauthorized transfers
by completing a separate authorization. You must notify us if you
wish to cancel or change a direct deposit or preauthorized transfer.
Any cancellation or change will become eective once we receive
notice from you and have a reasonable period of time to act on your
request. Ifyoulebankruptcyandfailtocancelanydirectdeposit
authorization, your failure to cancel at that time will be an instruction
to your employer and the Credit Union to treat those subsequent
deposits as voluntary payments and apply them in accordance with
yourauthorizationonlewiththeCreditUnion.IftheCreditUnionis
requiredtoreimbursetheU.S.Governmentforanybenetpayment
directly deposited into your account for any reason, you agree the
Credit Union may deduct the amount returned from any of your
accounts, unless prohibited by law.
e. Crediting of Deposits. For accounts not governed by our Funds
Availability Policy deposits made on Saturdays, Sundays, and Credit
Union holidays will generally be credited to your account on the
nextbusinessday.Askforourcurrentdepositcutotime.Deposits
received through the mail or at unstaed facilities such as night
depositories will be credited on the day the items are removed
and processed by the Credit Union and are subject to adjustment
basedonourvericationoftheitemsdeposited.Itemsdrawnfrom
an institution located outside the United States are handled on a
collection basis only.
10. Account Access.
a. Authorized Signature. To access any account, the Credit Union
must have an authorized signature of yours on an Account Card.
We will not be liable for refusing to honor any item or instruction
of yours if we believe in good faith that the signature on such item
or instruction is not genuine. If you have authorized the use of a
facsimile signature, the Credit Union may honor any check or draft
that appears to bear your facsimile signature even if it was made by
an unauthorized person. If you give your account number, an access
device or PIN to a third party, you authorize us to honor transactions
initiatedbythethirdpartyevenifyoudidnotspecicallyauthorize
a particular transaction.
b. Access Options. You may make withdrawals or transfers from
your account in any manner which is permitted by us (i.e., check,
automated teller machines (ATMs), debit card, in person, by mail,
automatic transfer, telephone or Online Banking). If the Credit Union
accepts any check or draft that is not drawn on a form provided
through the Credit Union, you will be responsible for any loss
incurred by the Credit Union for handling the check or draft. The
Credit Union may return as unpaid any check that is not provided
through the Credit Union.
c. Electronic Checks. If you authorize a merchant to electronically
debit your checking account using the routing, account and serial
number of your check to initiate a transfer, whether the check is
blank, partially or fully completed and signed, such authorization
is an electronic check conversion. An electronic check conversion
is an electronic funds transfer (EFT) subject to the terms of Section
III, Electronic Funds Transfer Agreement. You authorize us to honor
any electronic check conversion from your checking account just the
same as a regular written check.
d. Electronic Re-presented Checks. If you write a check on a
personalaccount thatwe returnunpaid becauseof insucientor
unavailable funds, the payee or any subsequent holder of the check
may re-present the check to us, through an electronic instruction
(Electronic Re-presented Check) to charge your account for the
amount of the check. If we receive an electronic re-presented check,
we will pay or return the electronic re-presented check as if the
original paper check was presented to us. Any collection fee you
authorize the merchant to debit from your account is an electronic
funds transfer subject to the terms of Section III, Electronic Funds
Transfer Agreement. If you want to reverse an electronic re-
presentedcheck,youmustgiveusanadavitwithin15daysafter
we send or make available to you the periodic statement that
reects payment of that electronic re-presented check. In your
adavit,youmustdeclareandswearunderoaththattheelectronic
re-presented check was ineligible or unauthorized. If we receive a
propernoticeoradavitfromyouwithinthe15-dayperiod,wewill
recredit your account with the amount of the charge. If you wish to
stop payment of any electronic re-presented check, you must follow
the procedures contained in this agreement for stopping payment
of checks, not the procedures for stopping payment on electronic
loan or bill payments. If you ask us to request the depositor’s bank
to send us the original paper check or a copy of the paper check, and
we provide it to you, you agree that you will not seek to have your
account recredited due to a prior stop payment order or if the item
is otherwise ineligible for collection.
e. ACH and Domestic Wire Transfers. Ifoered,youmayinitiate
or receive credits or debits to your account via wire or ACH transfer.
You agree that if you receive funds by a wire or ACH transfer, the
Credit Union is not required to notify you at the time the funds
are received. Instead, the transfer will be shown on your periodic
statement.TheCreditUnionmayreceiveanearlynoticationofyour
pending direct deposit which may appear in your account history
and balance as funds not yet available for withdrawal. In these cases,
the funds have not yet been received by the Credit Union from the
originator of the transfer. The Credit Union may provisionally credit
youraccountforanACHtransferbeforeitreceivesnalsettlement
for the transfer. You agree that if the Credit Union does not receive
nalsettlementforatransfer,itmayreversetheprovisionalcredit
to your account, or you will refund the amount to the Credit Union. A
telephone wire transfer may be initiated by you to another account
atanotherinstitutionifyouarelistedasbeneciaryonthataccount.
Everyeortwillbemadetoidentifythememberoverthetelephone.
The Credit Union may require an authorization signed in person
or a Wire Transfer Service Agreement. Wire requests initiated by
telegram, telex, or FAX will not be accepted. The Credit Union (and
other institutions) may rely on the account or other identifying
number you give as the proper identication number, even if it
identiesadierentpartyorinstitution.TheCreditUnionreserves
therighttoconrmorverifyinformationonallwirerequestspriorto
sending the wire. Once the Credit Union has sent an outgoing wire,
thetransferisnalandcannotbestopped.Ifyouprovideincomplete
or inaccurate transfer instructions, written or oral, the Credit Union
will not be responsible for any resulting wire transfer losses, delays
or failed transactions. Terms and conditions for international wire
transfers will be provided at the time of the transfer transaction.
Domestic Wire transfers are governed by the Uniform Commercial
Code Section 4A and Federal Reserve Regulation J if the transfer is
2
cleared through the Federal Reserve. ACH transactions are governed
by the rules of the National Automated Clearing House Association.
You agree that the authorized transfer to or from your account must
comply with all applicable federal and state laws or regulations
includingOFAC(OceofForeignAssetsControl)regulations.
f. Credit Union Examination. The Credit Union may disregard
information on any check other than the signature of the drawer
and amount of the item and any magnetic encoded information.
You agree the Credit Union does not fail to exercise ordinary care
in paying an item solely because its procedures do not provide for
sight examination of items.
11. Account Rates and Fees. The Credit Union’s payment of dividends
and/or interest on any account is subject to the account rates and
fees, earnings, payment and balance requirements as set forth on the
DepositRateSheetandFeeScheduleandeachCerticateofDeposit
Receipt, which are incorporated herein by this reference. You agree
the Credit Union may impose fees and charges for the account services
provided by the Credit Union. A current Deposit Rate Sheet and Fee
Schedule has been provided to you separately. You agree the Credit
Union may change any terms on the Deposit Rate Sheet and Fee
Schedulefromtimetotimeandyouwillbenotiedofsuchchanges
as required by law.
12. Transaction Limitations. The Credit Union will permit a withdrawal
only if you have sucient available funds in your account to cover
the full amount of the withdrawal or have an established overdraft
protection plan. Any transfer or payment orders which are drawn
againstinsucientavailablefundswillbesubjecttoaservicecharge,
set forth in the Deposit Rate Sheet and Fee Schedule. If there are
sucientavailablefundstocoversomebutnotallofyourwithdrawal
orders, the Credit Union may pay those withdrawals for which there
aresucientavailablefunds.
The Credit Union may also refuse to allow a withdrawal in other cases;
for example: any dispute between the owners about the account (unless
a court has ordered us to allow the withdrawal); a legal garnishment
or attachment is served; the account secures an obligation to us; any
required documentation has not been presented; or you fail to repay
a Credit Union loan on time. You will be advised of the reasons for
refusal if such action is taken. The Credit Union reserves the right to
require members to give notice in writing of any intended withdrawals
from any account up to the maximum time allowed by law.
13. Overdrafts.
a. Overdraft Liability. If, on any day, the available funds in your
checkingaccountarenotsucienttocoverchecksandotheritems
posted to your account, those checks and items will be handled in
accordance with our overdraft procedures or an overdraft protection
plan you have with us. The Credit Union’s determination of an
insucientaccountbalanceismadeatthetimethecheckoritemis
presentedtous,whichmaybelaterduringthedayoradierentday
than the time you conduct the transaction.
Overdrafts will be determined based on the available balance
in your account at the time the item is presented to us for
payment. Your available balance may be lower than your
actual balance if your account has funds held for pending
debit card transactions you have authorized, pending ACH or
direct deposits that are not yet available for withdrawal or if
you have deposited checks that are held pursuant to our funds
availability policy. Your account will then be subject to a fee for
non-sucent funds or unavailable funds for the item whether
paid or returned as set forth in the Fee Schedule. If the Credit
Union returns an item unpaid, it may be re-presented to us for
payment and is subject to a subsequent fee for non-sucient
funds or unavailable funds each time it is presented as set forth
in the Fee Schedule.
Except as otherwise agreed in writing, the Credit Union, by covering
one or any overdraft, does not agree to cover overdrafts in the future
and may discontinue covering overdrafts at any time. If the Credit
Union pays a check or other item that would otherwise overdraw
your account, you agree to pay the overdraft amount immediately.
We reserve the right to pursue collection of previously dishonored
items at any time, including giving a payor bank extra time beyond
any midnight deadline limits.
b. Transaction Posting Order. Generally, most transactions are
posted to your account according to the date and time in which
these transactions are presented to the Credit Union. Certain
transactions may be posted after regular Credit Union hours during
nightly processing. Generally, transactions are posted throughout
the day, in the order received by the Credit Union. The table below
provides additional details on the order in which different types of
transactions are posted to your account.
Transaction Category When Posted to Your Account
Teller transactions
(deposits, internal transfers,
withdrawals, checks cashed,
loan payments)
At the time and in the order you
request the transaction
Phone transactions (internal
transfers, withdrawals, loan
payments)
At the time and in the order you
request the transaction
Outgoing wire transfers
(debits)
At the time you request the wire
transfer, allowing reasonable time
for the credit union to process the
wire
Incoming wire transfers
(credits)
Upon receipt from the sending
institution, allowing reasonable
time for the credit union to process
the wire
ATM transactions (deposits,
transfers, withdrawals)
In time stamp order (Please note
– there may be occasions in which
systems are offline. In these cases,
transactions post when systems
are back online.)
Merchant (pin-based) debits In time stamp order (Please note
– there may be occasions in which
systems are offline. In these cases,
transactions post when systems
are back online.)
Merchant (Visa signature)
debits
When presented for payment by
the merchant. Presentment by
the merchant may be delayed
several days after you conduct the
transaction.
ACH credits and debits We may receive ACH files several
times each banking day; each
file may contain both debits and
credits, which are posted upon our
receipt and in the order presented.
Checks In ascending dollar order (low to
high) and if more than one check
for the same dollar amount,
the checks are then posted in
ascending check number order
Service Charges Fees for non-sufficient or
unavailable funds are charged
throughout the day based upon
your available balance at the
time the corresponding debit
transaction is presented for
payment.
Fees for processing returned
deposits or returned loan
payments are posted throughout
the day based upon notification of
non-payment received from the
corresponding financial institution.
c. Overdraft Protection Plan. If we approve your request for
overdraft protection, we will provide an overdraft protection plan
foryou.Wewillhonorchecksandotheritemsdrawnoninsucient
funds in any checking account by transferring the necessary funds
from a deposit account or loan account of yours, if applicable, to your
checking account. Unless otherwise directed, we will transfer funds
to your overdrawn account from the deposit and loan accounts
designated. Transfers from a deposit account will be governed by
this Agreement. Transfers from a loan account will be governed by
the applicable loan agreement.
14. Courtesy Pay Policy (A Discretionary Overdraft Service). It is the
policy of Rivermark Community Credit Union to comply with applicable
laws and regulations, to conduct business in accordance with strict
safety and soundness standards, and to provide excellent member
service.WeoerCourtesyPayasadiscretionaryservicethatstrives to
pay your reasonable overdrafts when your account is in good standing.
Each eligible Rivermark checking account has a Courtesy Pay overdraft
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limit based on your relationship with Rivermark including the age of
your account, frequency and amount of deposits and other related
account information. (See 14.e Ineligible Accounts and Limitations
for exceptions.) Your limit may change periodically based on your
account activity with us.
Overdrafts are paid at our discretion, meaning there is no guarantee that
we will always authorize and pay any type of transaction. Our Courtesy Pay
service does not constitute an actual or implied agreement between you
and the Credit Union, nor does it constitute an actual or implied obligation
of or by the Credit Union. Our Courtesy Pay service represents a courtesy
that the Credit Union may provide to you from time to time and which may
be withdrawn or withheld by us at any time without prior notice, reason
or cause.
At our discretion, we may pay your non-sufficient funds (NSF) or
unavailable funds transactions initiated for payment against your
checking account by using your established Courtesy Pay limit, which
may change from time to time. Any and all financial institution fees
and charges, including, without limitation, the NSF/unavailable funds
fees (as set forth in our Fee Schedule) will be included as part of this
limit. The categories of transactions which may cause an overdraft
include, but are not limited to, checks, ATM transactions, debit card
transactions, preauthorized automatic debits, telephone or other
electronically initiated transfers, or unpaid returned items deposited
by you. Additionally, overdrafts may be caused by funds held for
pending debit card transactions you have authorized, pending ACH or
direct deposits that are not yet available for withdrawal, or if you have
deposited checks that are held pursuant to our funds availability policy.
Transactions may not be presented in the order in which they occurred,
and the order in which transactions are received and processed by the
CreditUnioncanaectthetotalamountofoverdraftfeesyouincur.
a. Eligibility Requirements. Generally, your account becomes
eligible once the following requirements are met:
• You have established an Overdraft Protection Plan (overdraft
transfers) on your account.
• The account has been open for at least thirty (30) days.
• You make regular deposits consistent with your past practices.
• Your account remains in good standing, for example, you are
not in default on any loan or other obligation to Rivermark
Community Credit Union, and/or your account is not subject to
any legal or ad ministrative order or levy, such as bankruptcy or
a tax lien.
b. Eligible Overdraft Items. If your account is eligible as described
above, rather than automatically returning unpaid the following
non-sucient or unavailable funds items that you may have, we
will strive to pay, without obligation on our part, your reasonable
overdrafts up to your established Courtesy Pay limit, including our
fees. We may authorize and pay overdrafts for the following types
of transactions:
• Checks and other transactions made using your checking account
number;
• Automatic bill payments;
• Recurring debit card transactions; and
• Automated Clearing House (ACH) withdrawals (Such as a gym
membership that is automatically paid from your checking
account).
c. Courtesy Pay for Debit Card Purchases. In addition, if you ask
us to by signing up separately, we authorize and pay overdrafts for
everyday debit card transactions as described below.
• Everyday debit card purchases in which you do not enter your
PIN (which are commonly used for restaurants, gas stations,
large-ticket items, travel, movie rental kiosks and parking/Tri-Met
payment stations)
• Everyday debit card transactions in which you enter your PIN at
checkout
• ATM withdrawals or transfers
d. Overdraft Limits. We will strive to pay overdrafts based on
your relationship with Rivermark including the age of your account,
frequency and amount of deposits and other related account
information. Your limits may also be impacted by changes to your
deposit and/or overdraft repayment patterns.
e. Ineligible Accounts and Limitations. Courtesy Pay is available
only to eligible checking accounts on memberships that are
maintained in good standing as dened above. Savings accounts,
Opportunity Checking accounts, Money Market accounts, Public
Fund/Charitable Organization accounts, Fiduciary accounts (such
as Estate or Conservator), certain Trust accounts, and any Minor
accounts not of legal age are not eligible for this service. We may,
in our sole option and discretion, limit the number of your accounts
eligible for Courtesy Pay service to one account per household and/
oroneaccountpertaxidenticationnumber.
f. Overdraft Fees. We charge a fee for each overdraft transaction
(whetherfornon-sucientorunavailablefunds)assetforthonthe
Fee Schedule. There is a daily limit on the total fees we will charge
you for overdrawing your account. A fee will be charged whether
we authorize the transaction for payment or return it unpaid. Our
NSF and overdraft fees will be included in and count against your
established Courtesy Pay Limit.
g. When Overdrafts are Paid. Overdrafts are paid at our discretion,
which means there is no guarantee that we will always authorize and
pay any type of transaction. For example, we do not pay overdrafts
if your account is not in good standing, as described earlier, or if you
have too many overdrafts. The amount of any overdraft(s) including
our fees that you owe us shall be due and payable immediately,
without notice or demand from us. Each account owner, and
agent if applicable, shall be jointly and severally liable for paying
any overdraft amounts, including fees. We may refuse to pay an
overdraft for you at any time, even though your account is in good
standing and even though we may have previously paid overdrafts
for you.
h. Notifications. You will be notied by mail (or email if you
have consented to E-Statements and E-Notices) of any overdraft
transactions that are paid or returned unpaid. However, we are not
required to notify you before any transaction is paid or returned
unpaid. We will mail you a letter to notify you when your account is
overdrawn for an extended period of time. If you go 30 days with a
negative balance, we may suspend the payment of NSF items until
your account is once again in good standing.
i. Other Overdraft Protection Options. In addition to overdraft
transfers from your savings or other eligible Rivermark deposit
accounts,weoeradditionaloverdraftprotectionservicesthatyou
may apply for. These include overdraft protection from your Visa
Credit Card or your Line of Credit. If you apply and are approved for
these optional services, you may save money on the total fees you
pay us for overdraft protection services.
j. You May Always Opt-Out. You may opt-out of Courtesy Pay at
any time through online banking, by visiting one of our branches,
writing us at P. O. Box 4044 Beaverton, OR 97076-4044, or calling
503.626.6600 or 800.452.8502.
k. If You Need Help. Overdrafts should not be used to pay ordinary
or routine expenses and you should not rely on overdrafts as a
means to cover these expenses. If at any time you feel you need
helpwithyournancialobligations,pleasevisitoneofourbranches
or call us at 503.626.6600, or toll-free at 800.452.8502.
15. Postdated and Staledated Items. You authorize us to accept and
pay any check, even if the check is presented for payment before its
date, unless you notify us before the check is presented as required
by law. The Credit Union will not be liable for paying the item before
the date stated and we may charge your account as of the date we
pay the item. You also agree not to deposit checks, drafts, or other
items before they are properly payable. The Credit Union is under no
obligation to you to pay a check or draft drawn on your account which
is presented more than six months after its date, but we may do so in
our discretion.
16. Stop Payment Orders.
a. Stop Payment Request. You may ask the Credit Union to stop
payment on any check drawn upon or ACH debits scheduled
from your checking account. You may request a stop payment by
telephone, by mail, via Online Banking, or in person. For Checks,
thestop paymentwill beeective ifthe CreditUnion receivesthe
order in time for us to act upon the order. For ACH debits, the
stop payment order must be received at least three (3) banking
days before the scheduled date of the transfer. You must state the
number of the account, date and the exact amount of the check or
ACH and the number of the check or originator of the ACH debit. If
you give the Credit Union incorrect or incomplete information, the
Credit Union will not be responsible for failing to stop payment on
the item. If the stop payment order is not received in time for the
Credit Union to act upon the order, we will not be liable to you or to
any other party for payment of the item. If we recredit your account
after paying a check over a valid and timely stop payment order,
you agree to sign a statement describing the dispute with the payee,
to transfer all of your rights against the payee or other holders of
the check to the Credit Union, and to assist us in legal action taken
4
against the person.
b. Duration of Order. If you make an oral stop payment order, we
reservetherighttorequireyourwrittenconrmationwithinfourteen
(14)days.Astoppaymentorderwillbeeectiveindenitelyunless
canceledinwriting.
c. Liability. The Credit Union may charge a fee for each stop
payment order requested, as set forth on the Fee Schedule. You may
notstoppaymentonanycertiedcheckordraft,cashier’scheckor
teller’s check, or any other check, draft, or payment guaranteed by
the Credit Union with the exception, at our discretion, of a Credit
Union check that is thought to be lost or stolen. You should be aware
that while payment of the item may be stopped, you remain liable to
any person, including the Credit Union, who is a holder of the item
despite the stop payment order. You agree to indemnify and hold
the Credit Union harmless from all costs, including attorney fees,
damages or claims related to our action in refusing payment of an
item, including claims of any multiple party account owner, payee, or
endorsee in failing to stop payment of an item as a result of incorrect
information provided by you.
d. Lost Items. The Credit Union, in receiving items from you for
withdrawal or deposit, acts only as your agent and reserves the
right to reverse the credit for any deposited items or to charge your
account for the items should they become lost in the collection
process.
17. Credit Union’s Liability for Errors. If the Credit Union does not
properly complete a transaction according to this Agreement, our
liability to you shall not exceed the amount of the transaction, except
as otherwise provided by law. The Credit Union will not be liable if:
• your account does not contain enough money to make the
transaction;
• circumstances beyond the Credit Union’s control prevents the
transaction,
• your loss is caused, in whole or any part, by your negligence or
thenegligenceofanothernancialinstitution;or
• the money in your account is subject to legal process or other
claim.
The Credit Union will not be liable for consequential damages except
to the extent applicable law requires us to accept liability for wrongful
dishonor. The Credit Union’s actions will constitute the exercise
of ordinary care if such actions or nonactions are consistent with
applicable state law, Federal Reserve regulations and operating letters,
clearing house rules, and general banking practices followed in the
area serviced by the Credit Union. You grant us the right, in making
payments of deposited funds, to rely exclusively on the form of the
accountandthe terms of this Agreement. Any conict between oral
representations by you or Credit Union employees and any written
form will be resolved by reference to this Agreement and applicable
written form.
18. Credit Union Lien and Security Interest. To the extent you owe
the Credit Union money, the Credit Union has a lien on any or all of the
funds in any account in which you are an owner at the Credit Union,
regardless of the source of the funds, unless we waive it in writing.
TheCreditUnionmayapplythesefundsinanyordertopayoyour
indebtedness. If the Credit Union chooses not to immediately enforce
its lien, we do not waive our right to enforce the lien at a later time. In
addition, you grant the Credit Union a consensual security interest in
your accounts and agree we may use the funds from your accounts
to pay any debt or amount owed the Credit Union, except obligations
secured by your dwelling, unless prohibited by applicable law. You may
not assign or transfer any account to a third party.
19. Legal Process. If any legal action is brought against your account,
the Credit Union may refuse to pay out any money from your account
until the dispute is resolved. If the Credit Union incurs any expenses
or attorney fees in responding to legal process, such expenses may
be charged against your account without prior notice to you, unless
prohibited by law. Any legal process against your account is subject to
the Credit Union’s lien and security interest.
20. Account Information. Upon your request, the Credit Union will
inform you of the name and address of each credit reporting agency
from which the Credit Union obtains a consumer or credit report
in connection with your account. The Credit Union agrees not to
disclose information to third parties about your account regarding any
transaction or balances except as provided in our Privacy Policy and in
accordance with applicable law.
You authorize us to disclose information about your account to credit
reporting agencies and to other persons or agencies who, in our
judgment, have a legitimate purpose for obtaining information. You
authorize us to disclose information about your account to an account
verication service and/or credit reporting agency if we close your
account due to unsatisfactory handling, fraud, attempted fraud, or
criminal activity.
You agree we may exchange credit report information with others
regarding any update or renewal of or additional accounts and services
we may oer or extend in the future, or for any other legitimate
business purpose. You agree we may share your account information
andanyinformationyouprovidetouswithanyCreditUnionaliate
and others for the purpose of considering your eligibility for their
productsandservices,includingnancial, insurance,andinvestment
products.
21. Notices.
a. Name and Address Changes. It is your responsibility to notify
us if you change your address or name. The Credit Union is only
required to attempt to communicate with you at the most recent
address you have provided to us. The Credit Union may accept oral
notices of a change in address and may require any notice from you
be provided in writing to an employee of the Credit Union. If the
Credit Union attempts to locate you, the Credit Union may impose a
Fee as set forth on the Fee Schedule.
b. Notice of Amendments. Except as otherwise prohibited by
applicable law, the terms of this Agreement are subject to change
at any time. The Credit Union will notify you of any changes as
required by law. You agree to any new terms or conditions so long
astheCreditUnionnotiesyouthatchangeshavebeenmadeand
makes the amended Agreement available to you via its Web site, in
its branches, or mails it to you upon your request. Account changes
requested by you, or any account owner, such as adding or closing
an account or service, must be accepted by the Credit Union and we
may require written proof, such as a signed Account Card. The Credit
Union reserves the right to waive any term in this Agreement. Any
suchwaivershallnotaecttheCreditUnion’srighttoenforceany
right in the future.
c. Effect of Notice. Any written notice you give to the Credit Union
is eective when it is actually received by the Credit Union. Any
writtennotice the Credit Union givesto you is eective whenitis
provided electronically, if you have agreed to receive account notices
electronically, or when it is deposited in the U.S. Mail, postage
prepaid and addressed to you at your last known address. Notice
to any one account owner is considered notice to all owners of the
account.
22. Taxpayer Identification Numbers. If your account is or becomes
subject to backup withholding, the Credit Union is required by law to
withhold and pay to the Internal Revenue Service (IRS) a percentage
of payments of interest, dividends, and certain other payments
under certain conditions. Your failure to furnish a correct taxpayer
identication number (TIN) or meet other applicable requirements
may result in backup withholding, as well as civil or criminal penalties.
If you refuse to provide your TIN, the Credit Union may suspend the
opening of your account.
23. Credit Reporting. We may report information about your loan,
share or deposit accounts to credit bureaus. Late payments, missed
payments,orotherdefaultsonyouraccountsmaybereectedinyour
credit report.
24. Statements.
a. Contents. If the credit union provides a periodic statement for
your account, it will show all transactions and activity we’ve posted
to your account during the statement period. If a periodic statement
is provided, you agree that only one statement is necessary for
a multiple party account. Statements will be mailed to the last
address you have provided to us or as we have otherwise agreed.
You understand statements and checks are considered to have
been made available to you on the date the statement is mailed or
the information is otherwise made available to you. For checking
accounts, you understand that when paid, your original check (or
any substitute check) becomes property of the Credit Union and may
not be returned to you. You agree to keep a copy or carbon-copy of
your original check in order to verify its validity. If you request us
toprovideyouwithanoriginalcheckorsucientcopy,youagree
that we may provide an electronic image of the original check or
sucientcopyifyouhaveagreedtoreceiveaccountinformationor
statements electronically.
b. Examination. You are responsible for examining each statement
and canceled checks and reporting any irregularities to the Credit
Union. The Credit Union will not be responsible for any forged or
altered item, any unauthorized endorsement on any item drawn on
5
your account, or any other error if (1) you fail to notify the Credit
Union within Sixty (60) calendar days of the mailing date of the
earliest statement showing the item or other error; or (2) any items
are forged or altered in a manner not detectable by a reasonable
person, including the unauthorized use of facsimile signature
machine or stamp.
c. Notice to Credit Union. You agree that the Credit Union’s
retention of checks does not alter or waive your responsibility to
examine your statements or the time limit for notifying the Credit
Union of any errors. The statement will be considered correct for
all purposes, and the Credit Union will not be liable for any transfer
made from or charged to your account unless you notify the Credit
Union in writing within the above time limit after the statement is
made available to you.
d. Electronic Statements (E-Statements). If your statement is
provided electronically, you will be sent an electronic mail notice
that will direct you to the website where you may access, review,
print and otherwise copy/download your periodic statements using
procedures we authorize. Electronic mails from us will be sent to the
electronic mail address provided by the account owner.
25. Dormant, Lost and Abandoned Accounts. IF YOU HAVE AN
ACCOUNT THAT YOU HAVE NOT MADE A WITHDRAWAL FROM, DEPOSIT
TO, OR TRANSFER INVOLVING YOUR ACCOUNT FOR MORE THAN ONE
(1) YEAR, THE CREDIT UNION MAY CLASSIFY YOUR ACCOUNT AS A
DORMANT ACCOUNT AND MAY CHARGE A SERVICE FEE AS ALLOWED
BY APPLICABLE LAW AND SET FORTH ON THE FEE SCHEDULE. WE WILL
NOTIFY YOU AT YOUR LAST KNOWN ADDRESS PRIOR TO IMPOSING
ANY FEE, IF REQUIRED BY LAW. If a deposit or withdrawal has not been
made on the account and the Credit Union has had no other contact
with you as dened under the Oregon Unclaimed Property Act, the
account will be presumed to be abandoned. Funds in abandoned
accounts will be remitted in accordance with state law. Once funds
have been turned over to the state, the Credit Union has no further
liability to you for such funds and if you choose to reclaim such funds,
you must apply to the appropriate state agency.
26. Termination of Account. The Credit Union may terminate your
account at any time without notice to you or may require you to close
your account and apply for a new account if:
• there is a change in owners or authorized signers;
• there has been a forgery or fraud reported or committed involving
your account;
• there is a dispute as to the ownership of the funds in the account;
• any account checks are lost or stolen;
• if there are excessive returned unpaid items not covered by an
overdraft protection plan; or
• if there has been any misrepresentation or any other abuse of
any of your accounts.
Using any account or transaction with the Credit Union for any illegal
activity will constitute a default under this Agreement and may result
in the immediate termination of your accounts. If you use any account
or transaction for an illegal activity, you agree to indemnify and hold us
harmless from any direct or indirect losses caused to us by the illegal
activity. You may terminate your account(s) at any time by notifying
the Credit Union in writing. The Credit Union is not responsible for
payment of any check, withdrawal, or other item once your account is
terminated; however, if the Credit Union pays a check after termination,
you agree to reimburse the Credit Union for payment. You further
agree to notify all joint account owners of the termination.
27. Termination of Membership. You may terminate your
membership at the Credit Union after giving written notice of your
intent to withdraw from membership. We may suspend all of your
account access and services for reasonable cause or expel you from
membership for any reason allowed by applicable law, including failure
to comply with our bylaws; causing or creating an undue risk of loss
to the membership; causing willful destruction or damage to Credit
Union property or acting without civility in dealings with Credit Union
members, officers and employees.
28. Death of Account Owner. The Credit Union may require
the survivor or other claimant to the account to produce certain
documents before releasing the funds in the account. The Credit
Union may continue to honor all transfers, withdrawals, deposits and
other transactions on the account until the Credit Union learns of an
account owner’s death. Once the Credit Union learns of an owner’s
death, we may pay checks or honor other payments or transfer orders
authorized by the deceased owner for a period of ten (10) days unless
we receive instructions from any person authorized to stop payment
on the checks or other items. You agree that the Credit Union can
require anyone who claims funds in your account after your death to
indemnify us for any losses resulting from honoring that claim.
29. POD Beneficiaries. A Payable on Death (POD) designation is an
instruction to the Credit Union that a designated account is payable
to the owner or owners during their lifetimes, and upon the death
of the last account owner, to any named and surviving POD or trust
beneciary/payee designated on your Account Card or other POD
Designation form. Accounts payable to more than one POD or trust
beneciary/payeeareownedjointly,inequalshares(unlessotherwise
designated in your Account Card or other POD Designation form),
by such beneciaries with rights of survivorship. In the event there
is more than one POD beneciary designated and the shares are
not equal but based on percentage allocations, the surviving POD
beneciariesshallown thefunds inthepercentages designated.Ifa
PODbeneciarypredeceasestheaccountowner,thatPODbeneciary
share shall lapse and be divided among the other surviving POD
beneciariesprorata.AnyPODbeneciaryortrustbeneciary/payee
designation shall not apply to IRA accounts, which shall be governed by
aseparatebeneciarydesignation.TheCreditUnionshallatnotime
haveanyobligationtonotifyanybeneciary/payeeoftheexistenceof
anyaccountorthevestingofthebeneciary’s/payee’sinterestinany
account, except as otherwise provided by law.
30. Special Account Instructions. You may want to set up your
accounts with the Credit Union to facilitate certain trust, will, or court-
ordered account arrangements. However, because the Credit Union
cannot give you legal advice, we cannot counsel you as to which account
arrangement most appropriately meets the specic requirements
of your trust, will, or court order. If you ask us to follow instructions
that we believe might expose us to any claims, lawsuits, expenses,
liabilities, or damages, whether directly or indirectly, the Credit Union
may refuse to follow your instructions or may require you to post a
bond to indemnify us. Any item presented with a full payment legend
must be presented in person to a Credit Union ocer; otherwise,
payment is accepted with full reservation of rights. Account changes
requested by you, or any account owner, such as adding or closing
an account or service, must be accepted by the Credit Union and we
may require written proof, such as a signed Account Card. The Credit
Union will not recognize the authority of someone to whom you have
given power of attorney without written authorization and a copy of
the Power of Attorney on record at the Credit Union. You understand
that the Credit Union may choose to retain electronic or imaged copies
of any original documents, and you agree that an electronic or imaged
copy is valid as an original.
31. Monitoring and Recording Telephone Calls. You agree that we
may monitor or record telephone or video calls for security reasons,
to maintain a record, and to ensure that you receive courteous and
ecientservice.Youconsentinadvancetoanysuchrecording.
32. Audio/Video Recording or Photography. For security and privacy
purposes, you are strictly prohibited from photographing and/or
audio/videorecordinginsideourbranchlocationsandoceswithout
our express written consent.
33. Consent to Contact. You agree that we and/or our third-party
providers, including debt collectors, may contact you by telephone or
text message at any telephone number associated with your account,
including wireless telephone numbers (i.e. cell phone numbers) which
could result in charges to you, in order to service your account or collect
any amounts owed to us, excluding any contacts for advertising and
telemarking purposes as prescribed by law. You further agree methods
of contact may include use of pre-recorded or artificial voice messages,
and/or use of an automatic dialing device. You may withdraw consent
to be contacted on your wireless telephone number(s) at any time
by notifying us in writing. If you have provided a wireless telephone
number(s) on or in connection with any account, you represent and
agree you are the wireless subscriber or the established user with
respect to the wireless telephone number(s) provided and have the
authority to give this consent. You agree to notify us of any change to
the wireless telephone number(s) which you have provided to us.
In order to help mitigate harm to you and your account, we may contact
you on any telephone number associated with your account, including
a wireless telephone number (i.e. cell phone number), to deliver to
you any messages related to suspected or actual fraudulent activity on
your account, data security breaches or identity theft following a data
breach, money transfers or any other urgent messages permitted by
applicable law. These contacts will not contain any telemarketing, cross-
marketing, solicitation, or advertising. You will have an opportunity to
opt-out of such communications at the time of delivery.
34. Waiver of Notices. To the extent permitted by law, you waive
any notice of non-payment, dishonor or protest regarding any items
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credited to or charged against your account. For example, if you
deposit an item and it is returned unpaid or we receive a notice of
nonpayment, we do not have to notify you unless required by federal
regulation or other applicable law.
35. Derogatory Communications. We reserve the right to reject
oensive or derogatory communications such as selected account
names, email addresses, or security terms related to your accounts.
36. Severability. In the event that any paragraph of this Agreement or
any portion thereof is held by a court to be invalid or unenforceable
for any reason, the other paragraphs and portions of this Agreement
shall not be invalid or unenforceable and will continue in full force and
eect.
37. 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 over any provision in the
Agreement or to collect any overdrawn funds on accounts covered
by this Agreement, the prevailing party shall be entitled, subject
to applicable 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-judgement collection actions, if applicable.
38. Governing Law. This Agreement is governed by the Bylaws of the
Credit Union, applicable federal laws and regulations, the laws and
regulations of the State of Oregon and local clearing house rules, as
amended from time to time. You agree that venue for any disputes
regarding this Agreement shall be any Oregon county in which the
Credit Union has a branch.
II. FUNDS AVAILABILITY POLICY
1. General Policy for Savings Accounts. For savings accounts, we
reserve the right to place reasonable holds on all funds deposited up
to nine (9) business days. For checking accounts, our funds availability
policy is set forth below.
2. Policies for Checking Accounts. The date on which you may
withdraw funds is counted in business days from the day of your
deposit. Every day is a business day except Saturdays, Sundays, federal
holidays, and days the Credit Union is closed.
a. Deposits at Rivermark Community Credit Union Branches.
If you make deposits to your checking account at Rivermark
Community Credit Union branches, the following general policy
applies. Our policy is to make funds from your deposits available to
you on the same business day that we receive your deposit. At that
time, you can withdraw the funds in cash and we will use the funds
to pay checks that you have written. For determining the availability
of your deposits, every day is a business day, except Saturdays,
Sundays, and federal holidays.
b. Longer Delays May Apply. In some cases, we will not make all
of the funds that you deposit by check available to you on the same
business day of your deposit. Depending on the type of check that
you deposit, funds may not be available until the second business
dayafter theday of yourdeposit. However,therst $225of your
deposit to checking will be available at least by the rst business
day after your deposit is received, unless you have overdrawn your
account repeatedly in the last six months, we have reason to doubt
collectability of the check, or certain emergency conditions exist.
If we are not going to make all of the funds from your deposit
available on the same business day, we will notify you at the time
you make your deposit. We will also tell you when the funds will
be available. If your deposit is not made directly to one of our
employees, or if we decide to take this action after you have left the
premises, we will mail you the notice by the next business day after
we receive your deposit.
In addition, funds you deposit by check may be delayed for a longer
period under the following circumstances:
• Youdepositcheckstotalingmorethan$5,525onanyoneday.
• You deposit a check that has been returned unpaid.
• There is an emergency, such as failure of communications or
computer equipment.
• We believe a check you deposit will not be paid.
• You have overdrawn your account repeatedly in the last six
months.
We will notify you if we delay your ability to withdraw funds for any of
these reasons, and we will tell you when the funds will be available.
They will generally be available no later than the seventh business
day after the day of your deposit.
c. Holds on Other Funds. If we cash a check for you that is drawn
onanothernancialinstitution,wemaywithholdtheavailabilityof
a corresponding amount of funds that are already in your account.
Those funds will be available at the time funds from the check
we cashed would have been available if you had deposited it. If
we accept for deposit a check that is drawn on another nancial
institution, we may make funds from the deposit available for
withdrawal immediately but delay your availability to withdraw a
corresponding amount of funds that you have on deposit in another
account with us. The funds in the other account would then not be
available for withdrawal until the time periods that are described
elsewhere in this disclosure for the type of check that you deposited.
d. Special Rules For New Accounts. The following special rules
may apply during the rst thirty (30) days your account is open.
Funds from electronic direct deposits will be available on the day
we receive the deposit. Funds from deposits of wire transfers, and
therst$5,525ofaday’stotaldepositsofcashier’s,certied,teller’s,
traveler’s and federal, state, and local government checks will be
availableon the rstbusiness day afterthe day ofyour deposit if
the deposit meets certain conditions. For example, the checks must
be payable to you. The excess over $5,525 may not be available
until the ninth business day after the day of your deposit. If your
deposit of these checks (other than a U.S. Treasury check) is not
madeinpersontooneofouremployees,therst$5,525maynotbe
available until the second business day after the day of your deposit.
Funds from all other check deposits may not be available until the
ninth business day after the day of your deposit.
e. Deposits At Automated Teller Machines (ATMs). Funds from
depositsatCreditUnionATMsinexcessof$225inonedaymaynot
be available until the second business day after the day of deposit.
All ATMs that we own or operate are identied as our machines.
Funds from deposits (cash or checks) made at automated teller
machines (ATMs) we do not own or operate may not be available
untilthefthbusinessdayafterthedayofyourdeposit.
3. Deposits Using Remote Methods. If you make deposits to your
checking or savings account using Mobile or Online Deposit, the
followinggeneralpolicyapplies.Thefirst$225fromadepositofchecks
will be available on the first business day following the business day
of your deposit. The remaining funds will be available on the second
business day following the business day of your deposit. We reserve
the right to place reasonable holds on all funds deposited up to nine
(9) business days.
III. ELECTRONIC FUNDS TRANSFER AGREEMENT
This Agreement is the contract, which covers your and our rights and
responsibilities concerning the Electronic Services including: Online
and Mobile Banking, Online Bill Pay, Electronic Transfers, ATM and
Visa Debit Cards, Telephone Teller, Direct Deposit, Mobile Deposit
andOnlineDepositservices(collectively“ElectronicServices”)offered
toyoubyRivermarkCommunityCreditUnion(“CreditUnion”).In this
Agreement,thewords“you”and“yours”meanthosewhoenrollforany
of the Electronic Services and any authorized users. In this Agreement
the words “we” and “us” and “our” and “ours” mean Rivermark
Community Credit Union. The word “account(s)” means any one or
more savings, checking and loan accounts you have with the Credit
Unionand“EFT”meansallelectronicservices,exceptMobileDeposits.
By submitting an Online, Mobile or other approved enrollment, you
agree to the following terms governing your and our rights and
responsibilities concerning the Electronic Services provided to you.
The terms of this Agreement apply to consumer members; refer to
the Business Membership and Account Agreement for the Business
Electronic Funds Transfer Agreement. For consumer accounts, any
accountholder may enroll in the Electronic Services and is responsible
for the acts of any joint accountholder. Anyone enrolling represents
that they are authorized to enroll in the service. Anyone using Electronic
Services represents that they have full authority to use the Services
and to engage in any action taken by them. Any joint accountholder or
an authorized user, acting alone, may effect transactions through the
Electronic Services. By providing your telephone and email information
to the Credit Union you expressly authorize the Credit Union to contact
you at any telephone number or email address you entered, so we can
assist you with your account and account services or take measures to
prevent fraud on your account.
1. Online Banking. Upon approval, you may use a computer to access
your accounts with the online banking (“Online Banking”) service.
7
You must use your member username along with your security code
(“Accesscode”)toaccessyouraccounts.OnlineBankingisaccessible
seven (7) days a week. This service may be unavailable during brief
maintenance periods. To access this service you will need a personal
computer and a web browser (such as Google Chrome, Firefox,
Microsoft Edge, Safari, etc.). The online address for Online Banking
is www.rivermarkcu.org. You are responsible for the installation,
maintenance and operation of your computer and modem. The Credit
Union will not be responsible for any errors or failures involving any
telephone service, internet provider, or your computer.
a. Online Banking Transactions. At the present time, you or any
persons who you have authorized to use your Online Banking
Service, sign-on Password, challenge questions or any other access
code may use Online Banking to:
• Transfer funds between your savings, checking, money market
and loan accounts
• Transfer funds to accounts of other members and persons using
the Electronic Transfer service
• Initiate transfers to and from other financial institutions
• Access your credit card or line of credit account up to the credit
limit
• Make loan payments from your savings, checking and money
market accounts
• Obtain account balance and transaction history on your savings,
checking, money market, certificate and IRA accounts (deposit
accounts)
• Obtain information on your loan account balance, transaction
history, payment due dates, loan payoff amounts and finance
charges
• Access copies of cleared checks, e-Statements and eNotices
• Make online Bill Payments from your checking account using the
Bill Pay service
• Receive bills online through the Online Bill Presentment feature
of Bill Pay
• Request payments to Rivermark loans or to fund deposit
accounts from your external Debit Card
• Name your account or loan
• Manage your Certificate of Deposit maturity options
• Open a new account online
• Add a joint owner online
Transactions involving your deposit accounts will be subject to the
terms of your Membership and Account Agreement. Transactions
involving your credit card or loan accounts will be subject to your
applicable Credit Card or Loan Agreement and Disclosures.
b. Online Banking Service Limitations and Requirements.
The following limitations and requirements on Online Banking
transactions may apply:
i. Transaction Authorization. You authorize us to debit your
account for any transactions processed through Online Banking
or other Electronic Service, and for any fees incurred. You
authorize us to initiate any reversing entry or reversing file, and
to debit your accounts at the Credit Union or elsewhere, in order
to correct any erroneous transaction. You agree to cooperate
with any action to reverse a transaction that was made in error
and to offset any benefit you receive against any loss we suffer.
ii. Transfers. You may make transfers between accounts of
yours as often as you like. You may transfer up to the available
balance in your account subject 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. The Credit Union may set other
limits on the amount of any transaction and you will be notified
of those limits.
iii. Account Information. The account balance and transaction
history may be limited to recent account information. Availability
of funds for transfer or withdrawal may be limited due to the
processing time required for ATM deposit transactions and our
Funds Availability Policy.
iv. External Payments and Funding. You may use Online Banking
to initiate and authorize payments to your Credit Union account
from your external Debit Card account or your savings or checking
account at another financial institution. You will be required to
enter the payment and debit card or account information and
to approve the payment in the Online Banking program. For
debit card advances, you agree to pay a processing fee that is a
percentage of the payment amount and will be disclosed at the
time of the transaction.
v. Secure Messaging. You may use the secure messaging function
within Online Banking to send messages to us during business
hours. However, the secure messaging function may not be used
to initiate a transfer on your account. The Credit Union may not
immediately receive messaging communications sent by you;
therefore, the Credit Union will not take action on transaction
requests. Contact the Credit Union immediately regarding any
unauthorized transaction or stop payment request; call the Credit
Union at the telephone number set forth in Section 6.
2. Online Bill Pay Services. When you apply for the online bill payment
service(“OnlineBillPay”)youdesignateyourcheckingaccountasthe
account from which payments that you authorize will be deducted.
Each separate payee may be set up to deduct payment from any
checking account on which you are an owner. You will be given the
ability to set up merchants, institutions or individuals that you would
like to pay. You are not permitted to designate governmental agencies
or courts. All payees must be in the United States. We reserve the right
to not allow the designation of a particular merchant or institution.
a. Online Bill Pay Transactions. You or any persons who you
have authorized to use your Online Bill Pay Service, Online Banking
Service, sign-on Password, challenge questions or any other access
code can perform the following transactions:
• Set up and pay any designated merchant, institution or individual
in accordance with this agreement a fixed recurring amount or
avariableamount“ondemand,”fromyourdesignatedchecking
account.
• Obtain information (payee information, payment status
information, etc.) about your Online Bill Pay account status.
b. Processing Bill Pay Transactions. You authorize us to process
bill payments from your designated account(s). You may use the
Online Bill Pay service to initiate the following payment transactions:
• “Future”paymentsarepaymentsthatyouinitiateinadvanceby
setting the payment amount and due date. The payment can be
canceled or changed through Online Bill Pay up until 1:00 p.m.
(Pacific Time) two (2) business days before the Scheduled Debit
Date for electronic payments. Payments made by check may be
canceled or changed through Online Bill Pay up until 1:00 p.m.
(Pacific Time) five (5) business days before the Scheduled Debit
Date.
• “Recurring” payments are payments that are reoccurring on
a fixed due date and fixed amount. You have an option in the
Online Bill Pay system to set Automatic Payments to continue
indefinitely or set a maturity date. The payment can be canceled
or changed through Online Bill Pay up until 1:00 p.m. (Pacific
Time) two (2) business days before the Scheduled Debit Date for
electronic payments. Payments made by check may be canceled
or changed through Online Bill Pay up until 1:00 p.m. (Pacific
Time) five (5) business days before the Scheduled Debit Date.
c. Authorized Payments. When you transmit a bill payment
instruction to us, you authorize us to transfer funds to make the
bill payment transaction from your designated checking account.
We will process bill payment transfer requests only to those payees
the Credit Union has designated in its User Instructions and such
payees as you authorize and for whom the Credit Union has the
proper payee account number and payment information. The
Credit Union will not process any bill payment transfer if we know
the required transaction information is incomplete. In any event,
the Credit Union will not be liable for any transaction that contains
incorrect information that the Credit Union was not responsible for
entering or knowing. If there are insufficient funds in your account
to make the bill payment, we may either refuse to make the payment
or make the payment and transfer funds from any overdraft
protection account (including Courtesy Pay, as applicable) you have
established. The Credit Union reserves the right to refuse to process
payment instructions that reasonably appear to the Credit Union to
be fraudulent or erroneous.
8
d. Processing Payments. The Credit Union will initiate your
bill payment transfer within one (1) business day of the date you
schedule for payment. You will receive a confirmation number
at the time of each transaction. You must have sufficient funds
available to cover your payment on the Scheduled Payment Date.
If your payment is sent electronically, your account is debited on
the Scheduled Payment Date. If your payment is sent by check, the
funds will be debited from your account one (1) to two (2) days after
the send Scheduled Payment Date. The dollar limit on any payment
isyouravailablebalanceupto$9,999.00.Billpaymentsaredelivered
to the payee either electronically, which may take up to five business
days from the Scheduled Payment Date, or by check to those
payees not set up to accept electronic payments, which may take
up to ten business days from the Scheduled Payment Date. It is your
responsibility to schedule your bill payments in such a manner that
your obligations will be paid on time. You should enter and transmit
your bill payment instructions at least ten (10) business days before
a bill is due. If you do not allow sufficient time, you assume full
responsibility for any late payments, fees, or finance charges that
may be imposed as a result of your failure to transmit a timely bill
payment authorization.
e. Canceling or Changing Bill Payments. You may cancel or stop
payment on Future and Recurring bill payments under certain
circumstances by following the instructions provided. If you discover
an error in or want to change a payment instruction (i.e. payment
date or payment amount) for a bill payment that you have already
scheduled for transmission through the Online Bill Pay service, you
may electronically edit or cancel your payment request through
the Bill Pay service. Your cancellation request must be entered and
transmitted through the Bill Pay service before the 1:00 p.m. (Pacific
Time) deadline two (2) business days before the date you have
scheduled for payment (five (5) business days for payments by check).
If your request is not timely entered, you will be responsible for the
payment. If you wish to place an oral stop payment on a recurring
bill payment transaction, not using the Online Bill Pay service, the
Credit Union must receive your oral stop payment request at least
three (3) business days before the Scheduled Payment Date. You
may call the Credit Union at the telephone number set forth in
Section 6 to request a stop payment. If you call, the Credit Union
may require you to confirm your stop payment request in writing
within 14 days after the call.
3. Mobile Banking Services. Mobile Banking is a personal financial
information management service that allows you to access account
information and conduct transactions using compatible and supported
mobile phones and/or other compatible and supported wireless
devices (including phones, “Wireless Devices”). We reserve the right
to modify the scope of the Mobile Banking services at any time. We
reserve the right to refuse to make any transaction you request
through Mobile Banking. You agree and understand that Mobile
Banking may not be accessible or may have limited utility over some
mobile telephone networks, such as while roaming.
a. Mobile Banking Transactions. At the present time, you or any
persons who you have authorized to use your Mobile Banking
Service, sign-on Password, or any other access code or method,
including biometrics such as Face ID or Touch ID, may use Mobile
Banking to:
• Transfer funds between your savings, checking, money market
and loan accounts
• Transfer funds to accounts of other members and persons using
the Electronic Transfer service
• Initiate transfers to and from other financial institutions
• Access your credit card or line of credit account up to the credit
limit
• Make loan payments from your savings, checking and money
market accounts
• Obtain account balance and transaction history on your savings,
checking, money market, certificate and IRA accounts
• Obtain information on your loan account balance, transaction
history, payment due dates, loan payoff amounts and finance
charges
• Access copies of cleared checks and mobile deposits
• Make online Bill Payments from your checking account using the
Bill Pay service
• Request payments to Rivermark loans or to fund deposit
accounts from your external Debit Card
• Name your account or loan
• Manage your Certificate of Deposit maturity options
• Open a new account online
• Add a joint owner online
The most up-to-date list of services which you may be able to access
through Mobile Banking is posted on the Mobile Banking enrollment
website www.rivermarkcu.org. When you register for Mobile Banking,
designated accounts and payees (or billers) linked to your account
through Online Banking will be accessible through the Mobile Banking
service.
i. Use of Services. Mobile Banking will not work unless you use
it properly. You accept responsibility for making sure that you
understand how to use Mobile Banking before you actually do
so, and you use Mobile Banking in accordance with the online
instructions posted on our website. You also accept responsibility
for making sure that you know how to properly use your wireless
deviceandtheMobileBankingsoftware(“Software”)requiredto
use the Service. The Software is provided by a service provider
not affiliated with the Credit Union and you are solely responsible
for entering a license agreement to use the software. We will
not be liable to you for any losses caused by your failure to
properly use the Mobile Banking service, the Software or
your wireless device. You may experience technical or other
difficulties related to the Mobile Banking service that may result
in loss of data, personalization settings or other Mobile Banking
service interruptions. We assume no responsibility for the
timeliness, deletion, misdelivery or failure to store any user data,
communications or personalization settings in connection with
your use of the Mobile Banking service.
ii. Access to Accounts. By enrolling in the Mobile Banking service,
you certify you are an owner, joint owner or custodian on the
accounts represented in your enrollment. You understand that
all owners of your accounts or anyone with whom you share
your Access code or any access code will be an Authorized User,
and that authority will be considered unlimited in amount and
manner with full authority to perform all transactions relating to
the stated accounts, until you notify the Credit Union, in writing
of the revocation of such authority. You agree that you are and
will remain fully responsible for any transactions made by such
persons on your accounts except transactions that occur after
the Credit Union has been notified of any revocation of authority
and has had a reasonable opportunity to act upon such notice.
iii. Relationship to Other Agreements. You agree that when you
use Mobile Banking, 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 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 Mobile Banking (for example, your mobile service carrier or
provider may impose data usage or text message charges for
your use of or interaction with Mobile Banking, including while
downloading the Software, receiving or sending Mobile Banking
text messages, or other use of your Wireless device when using
the Software 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.
b. Mobile Banking Service Limitations and Conditions. When
you use the Mobile Banking service to access accounts, you agree to
the following limitations and conditions:
i. 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 operating the Mobile Banking service.
You agree to not misrepresent your identity or your account
9
information. You agree to keep your account information up to
date and accurate.
ii. Proprietary Rights. 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 Banking
technology, including, but not limited to, any Software or other
mobile phone applications associated with the Mobile Banking
service.
iii. 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 publicity or 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, 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 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.
iv. No Commercial Use or Resale. You agree that the Mobile
Banking services are for personal use only. You agree not to
resell or make commercial use of Mobile Banking.
v. Indemnication. 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 attorneys’ fees) caused by or arising from
your improper use of the Mobile Banking software or your
infringement, or infringement by any other user of your account,
of any intellectual property or other right of anyone.
vi. Additional Service Limitations. Neither we nor our service
providers can always foresee or anticipate technical or other
difficulties related to Mobile Banking. These difficulties may result
in loss of data, personalization settings or other Mobile Banking
interruptions. Neither we nor any of our service providers
assume responsibility for the timeliness, deletion, misdelivery or
failure to store any user data, communications or personalization
settings in connection with your use of Mobile Banking. Neither
we nor any of our service providers assume responsibility for the
operation, security, functionality or availability of any Wireless
device or mobile network which you utilize to access the Mobile
Banking service. You agree to exercise caution when utilizing the
Mobile Banking application on your Wireless device and to use
good judgment and discretion when obtaining or transmitting
information. Financial information shown on the Mobile Banking
service reflects the most recent account information available
through Mobile Banking and may not be current. You agree that
neither we nor our service providers will be liable for any delays
in the content, or for any actions you take in reliance thereon. If
you need current account information you agree to contact us
directly.
4. Electronic Transfer Services.
a. External Transfer Services. By enrolling in external transfer
services, you agree to the following service terms and conditions.
By using compatible and supported devices, the Service allows you
to electronically transfer funds from your account with us to your
account at another financial institution, or from your account with
us to other individuals’ accounts. You must have Online Banking
to use the Service. The Service is only available for accounts at U.S.
financial institutions and funds are transferred in U.S. dollars. We
reserve the right to modify the scope of external transfer services
at any time. We reserve the right to refuse to make any transaction
you request through the Service. You agree and understand the
Service may not be accessible or may have limited utility over some
mobile telephone networks, such as while roaming.
b. Definitions.
• “ACH Network” means the funds transfer system, governed
by the NACHA Rules that provides funds transfer services to
participating financial institutions.
• “TransactionAccount”isatransactionaccount(checking,money
market or other direct deposit account, credit card account, or
debit card account, including any required routing information)
from which your payments as a Sender will be debited, any
Service fees will be automatically debited, or to which payments
and credits to you will be credited.
• “TransferInstruction”istheinformationprovidedbytheSender
to the Service for a transfer or payment to be made to a Receiver
(name, mobile telephone number, email address, and financial
institution account and routing number information, etc.).
• “Receiver”isapersonorbusinessentitythatissentapayment
transaction through the Service.
• “Sender” is a person or business entity that sends a payment
transaction through the Service.
c. Institution-To-Institution Transfer Service (Online Money
Movement). The Institution-To-Institution Service enables you
to transfer funds between your Account(s) that you maintain with
us and your Account(s) that are maintained by other financial
institutions.
i. Transfer Authorization and Processing. You represent and
warrant that you are the owner (or an authorized joint owner)
of the Transaction Account and the Recipient Account and that
you have all necessary legal right, power and authority to transfer
funds from the Transaction Account to the Recipient Account.
Further, you represent and warrant that the Recipient Account
is located in the United States. When we receive a Transfer
Instruction from you, you authorize us to debit your Transaction
Account and remit funds on your behalf to the Recipient Account
designated by you. You also authorize us to reverse a transfer
from your Recipient Account if the debit is returned from the
Transaction Account for any reason, including but not limited to
nonsufficient funds.
ii. Transfer Methods and Amounts. We may, at our sole discretion,
impose limits on the amount of money you can transfer through
our Institution-To- Institution Service. We also reserve the right to
select the method in which to transfer funds on your behalf, and
the method to return funds to you in the event that the Recipient
Account is closed or otherwise unavailable to us.
iii. Transfer Cancellation Requests and Refused Transfers. You
may cancel a transfer at any time until it begins processing. We
will, to the extent permitted by law, make reasonable attempts to
return any unclaimed, refused, refunded, prohibited, or denied
transfer to your Transaction Account. If this is unsuccessful (for
example, the Transaction Account has been closed) we will make
reasonable attempts to mail you a paper check. If after ninety
(90) days (or longer, depending on our then-current standard
for unclaimed checks) that check has not been cashed, we will
stoppaymentonit andtransferfunds toan“unclaimedfunds”
account, and will subsequently handle the unclaimed funds as
required or otherwise permitted by applicable law.
iv. Stop Payment Requests. If you as a Sender desire to stop any
transfer that has already been processed, you must contact us.
Although we will make a reasonable effort to accommodate your
request, we will have no liability for failing to do so. We may also
require you to present your request in writing within fourteen
(14) days. The charge for each request will be the current charge
for such service as set out in the Fee Schedule.
v. Failed or Returned Transfers. In using the Institution-To-
Institution Service, you are requesting us to make transfers for
you from your Transaction Account. If we are unable to complete
the transfer for any reason associated with your Transaction
Account (for example, there are insufficient funds in your
Transaction Account to cover the transaction), the transfer may
not be completed. In some instances, you will receive a return
notice from us. In each such case, you agree that: (a) You will
reimburse us immediately upon demand the transfer amount
that has been returned to us; (b) You may be assessed a non-
sufficient funds fee by us if the transfer is returned because you
have insufficient funds in your Transaction Account to cover the
requested transfer or if we cannot otherwise collect the funds
from you; the fee amount will be set forth in the Fee Schedule.
You hereby authorize us to deduct these amounts from your
10
designated Transaction Account by ACH debit; (c) You will
reimburse us for any fees or costs we or they incur in attempting
to collect the amount of the return from you; and, (d) We are
authorized to report the facts concerning the return to any credit
reporting agency.
vi. Refused Transfers. We reserve the right to refuse any transfer
to a Recipient Account. We will notify you promptly if we decide to
refuse to transfer funds to a Recipient Account. This notification is
not required if you attempt to make a prohibited transfer under
this Agreement.
vii. Returned Transfers. In using the Institution-To- Institution
Service, you understand transfers may be returned for various
reasons such as, but not limited to, Recipient Account number is
not valid. We will use reasonable efforts to research and correct
the transfer to the intended Recipient Account or void the transfer
and credit your Transaction Account. You may receive notification
from us.
viii. Your Responsibilities for Accurate Information. Your enrollment
in the Service may not be fulfilled if we cannot verify your identity
or other necessary information. Through your enrollment in the
Service, you agree that we reserve the right to request a review
of your credit rating at our own expense through an authorized
bureau. It is your responsibility to ensure the accuracy of any
information that you enter into the Service, and for informing us
as soon as possible if you become aware that this information is
inaccurate. We will make a reasonable effort to stop or recover a
transfer made to the wrong Recipient Account once informed, but
we do not guarantee such recovery and will bear no responsibility
or liability for damages resulting from incorrect information
entered by you.
d. Automated Teller Machines (ATM) Transactions. You may use
your Visa Debit card (Card) and Personal Identification Number (PIN)
in automated teller machines of the Credit Union; ACCEL, Cirrus, Plus,
STAR, Visa, American Express and Co-op Networks; and such other
machines we may designate. At the present time, you may use your
card to make the following transactions on your accounts:
• Withdraw cash from your savings or checking accounts.
• Transfer funds between your savings and checking accounts.
• Obtain account balance information on savings and checking
accounts.
• Make deposits to your savings or checking accounts at Credit
Union ATMs and selected Co-op Network ATMs.
There is no limit to the number of withdrawals you may make at
Credit Union ATMs and nonproprietary ATMs. However, you may be
charged a fee as set forth in the Fee Schedule. You may withdraw up
to$500(iftherearesufficientfundsavailableinyouraccount)perday
(ends at 12:00 midnight) at any authorized ATM, subject to security
requirements and limits placed by each individual ATM. You may
transfer between your savings or checking accounts up to the balance
in your accounts at the time of the transfer at available locations.
e. VISA Debit Card. You may use your VISA Debit Card to purchase
goods and services any place your Card is honored by participating
merchants, including Point of Sale (POS) terminals within the Cirrus,
Plus, STAR, Visa, American Express and Co-op Networks (with PIN)
and Cirrus, Plus, Visa, and Accel networks (without PIN) or such
other POS terminals as the Credit Union may designate. Funds to
cover your Card purchases will be deducted from your checking
account. We deduct the amount of your transaction, including any
charges imposed by the merchant or financial institution, from your
checking account. We may debit or place a hold on your account for
a transaction either on the day it is presented to us for payment, by
electronic or other means, or on the day we receive notice of the
transaction — whichever is earlier — even though the transaction may
not be actually posted to your account until a later date. When you use
your Visa Debit Card for a Visa transaction, if the merchant requests
preauthorization for this transaction, we will place a three (3) business
day hold on your account for the amount of the preauthorization
request (which may vary in some cases from the amount of the actual
purchase, depending on the merchant’s request). You agree that all
transactions that you initiate by use of your VISA Debit Card are legal in
the jurisdiction where you live and/or where the transaction occurred.
Internet gambling may be illegal in the jurisdiction in which you are
located, including the United States. Your VISA Debit Card may only
be used for legal transactions. Display of a payment card logo by an
online merchant does not mean that internet gambling transactions
are lawful in all jurisdictions in which you may be located. We have
restricted all online gambling transactions with the VISA Debit Card.
Some merchants may permit you to initiate debit and bill payment
transactions with your card using either the Visa network or another
network shown on your card, such as the PLUS or CO-OP networks.
The Credit Union will honor your debit transactions processed by any
of these networks. Transactions processed over the Visa network do
not require you to use your PIN to validate the transaction. Generally,
you will sign a receipt, provide your card number (e.g. internet, mail, or
telephone transactions), or swipe your card at a terminal. Also, there
are certain protections and rights such as the zero liability protections
in the section titled “Member Liability,” applicable only to Visa
processed transactions. Transactions processed over other networks
may not require you to use your PIN in order to validate a transaction.
Generally, you enter your card number or swipe your card and
provide or enter a PIN. However, some merchants may not require
you to provide a PIN, and allow you to choose whether the transaction
is processed by Visa or another network. Provisions applicable only
to Visa transactions (such as Visa’s zero liability protections) will not
apply to non-Visa debit transactions and the liability rules for other
EFTsinthesectiontitled“MemberLiability”willapply.
f. Telephone Teller Service. If we approve the Telephone Teller
Service for your accounts, a separate personal identification
number (PIN) will be assigned to you. You must use your personal
identification number (PIN) along with your account number to access
your accounts. At the present time you may use the Telephone Teller
Service to:
• Obtain balance information from all your savings, checking and
loan accounts including Visa.
• Transfer funds between these same accounts, including loan
payments to any of your loan accounts (except from Visa).
• Withdraw from savings by check, made payable to you and mailed
to you at your mailing address.
• Verify certain account information, including if a particular check
has cleared your account, listing of electronic withdrawals and
deposits, loan payment and loan payoff amounts, and account
and loan history.
• Access your Visa credit card account.
• Find out the interest paid and dividends earned on your accounts.
Your accounts can be accessed under the Telephone Teller Service via
a touch tone telephone only. Telephone Teller Service will be available
for your convenience twenty-four (24) hours per day. This service may
be interrupted for a short time each day for data processing.
• There is no limit to the number of inquiries, transfers, or
withdrawal requests you may make in any one day.
• No transfer or withdrawal may exceed the available funds in your
account.
The Credit Union reserves the right to refuse any transaction which
would draw upon insufficient funds, exceed a credit limit, lower an
account below a required balance, or otherwise require us to increase
our required reserve on the account. All checks are payable to you as
a primary member and will be mailed to your address of record. The
Credit Union may set other limits on the amount of any transaction,
and you will be notified of those limits. The Credit Union may refuse
to honor any transaction for which you do not have sufficient
available verified funds. The service will discontinue after numerous
unsuccessful attempts to enter a PIN or transaction, and there may be
limits on the duration of each telephone call.
g. Preauthorized Electronic Funds Transfers and Direct Deposit.
Preauthorized electronic funds transfers may be made into or from
your Credit Union accounts. These may include preauthorized
electronic funds transfers made to an account from a third party
(such as Social Security or your employer) or from an account to
a third party (such as a mortgage company or insurance premium
payment, excluding Online Bill Payment transactions). If electronic
funds transfers are made into or from your account, those payments
may be affected by a change in your account status or if you transfer
or lose your account. Upon instruction of (i) your employer, (ii) the
Treasury Department, or (iii) other financial institutions, the Credit
Union will accept direct deposits of your paycheck or of federal
recurring payments, such as Social Security.
5. Security of Access Code or Device. Each ATM-PIN, Telephone
Teller Access Code, or Online and Mobile Banking password (including
biometric access such as Touch ID) is the Access Code you select for your
security. Your Access Code is confidential and should not be disclosed
to third parties or recorded. You are responsible for safekeeping your
Access Code. You agree not to disclose or otherwise make your Access
11
Code or Wireless Device for Mobile Banking available to anyone not
authorized by you to sign on your accounts. If you authorize anyone
to have or use your Access Code or Wireless Device, you understand
that person may use the Online Banking, Online Bill Pay or Mobile
Banking service to access and review all of your account information
and execute account transactions. Therefore, we are entitled to act
on transaction instructions received using your Access Code and you
agree that the use of your Access Code will have the same effect as your
signature authorizing transactions. If you authorize anyone to use your
Access Code in any manner that authority will be considered unlimited
in amount and manner until you specifically revoke such authority by
notifying the Credit Union and changing your Access Code immediately.
You are responsible for any transactions made by such persons until
you notify us that transactions and access by that person are no longer
authorized and your Access Code is changed. If you fail to change your
Access Code or maintain the security of your Access Code and the
Credit Union suffers a loss, we may terminate your electronic services
immediately.
6. Member Liability. You are solely responsible for all transfers you
authorize using any Services under this Agreement. If you permit other
persons to use your Access Code or Device and initiate transactions with
this Service, you are responsible for any transactions they authorize or
conduct on any of your Accounts. For EFT transactions on a consumer
deposit account, under this Agreement, you are responsible for all
transactions you authorize using Online Banking, Online Bill Pay,
Electronic Transfer services. For consumer Accounts, transactions
by family members or friends that you allow on your Account are
authorized by you. 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, you must notify us immediately if you
believe anyone has used your Access Code and accessed your accounts
without your authorization.
For Visa Debit Card transactions, if you notify us of your lost or stolen
card, you may not be liable for any losses provided you notify us
promptly and were not grossly negligent (for example keeping your
PIN with your Card is grossly negligent) or fraudulent in handling your
Visa Debit Card and you provide us with a written statement regarding
your unauthorized Visa Debit Card claim. For all other EFT transactions,
if you notify 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 notify 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 stopped someone from accessing your account without
yourpermissionifyouhadtoldus,youcouldloseasmuchas$500.
If your statement shows EFT transactions that you did not make, notify
us immediately. If you do not notify us within sixty (60) days after the
statement was mailed or electronically delivered to you, you may be
liable for the full amount of the loss if we can prove that we could have
stopped someone from making the unauthorized EFT transactions. If a
good reason (such as a hospital stay) kept you from notifying us, we may
extend the time period.
If you believe your Access code has been lost or stolen or that someone
has transferred or may transfer funds from your account without your
permission, contact us immediately by one of the following:
Telephone: 503.626.6600 or 800.452.8502
In person at one of the Rivermark Community Credit Union
branches.
Mail: Rivermark Community Credit Union
PO Box 4044, Beaverton, OR 97076-4044
7. Business Days. Our business days are Monday through Friday,
excluding Federal Holidays.
8. Fees and Charges. The fees and charges for the electronic services
are outlined below. Fees and charges may be changed from time to
time. We will notify you of any changes as required by law.
a. ATM Fees. A transaction fee will be assessed when you request
a withdrawal or balance inquiry at an ATM as set forth in the Fee
Schedule. The fees may be changed from time to time and we will
notify you of any changes as required by law. You authorize us to debit
your share or other deposit account for any ATM fee in accordance
with your Card Agreement and Disclosure Statement. Please note
that when you use an ATM not owned by us, a fee may be charged by
the ATM operator or any network used to complete the transaction,
and you may be charged a fee for a balance inquiry even if you do not
complete a funds transfer.
b. Currency Transaction Fee. Purchases and cash withdrawals
made in foreign currencies will be debited from your account in U.S.
dollars. The exchange rate between the transaction currency and
the billing currency used for processing international transactions is
a rate selected by Visa from a range of rates available in wholesale
currency markets for the applicable central processing date, which
rate may vary from the rate Visa itself receives or the government-
mandated rate in effect for the applicable central processing date.
The exchange rate used on the processing date may differ from the
rate that would have been used on the purchase date or cardholder
statement posting date. A fee of 1% of the amount of the transaction,
calculated in U.S. dollars, will be imposed on all foreign transactions,
including purchases, cash advances and credits to your account. A
foreign transaction is any transaction that you complete or a merchant
completes on your card outside of the U.S., U.S. military bases,
territories, embassies or consulates. A fee will also apply to purchase
transactions made with merchants located in foreign countries, even
if the transaction is initiated from within the U.S.
c. Online Banking Services. There is no fee for Online Banking
services.
d. Mobile Banking Services. There is no fee for Mobile Banking
services.
e. Bill Pay Service. There is no fee for Bill Pay services, however
fees may apply for expedited bill payments as set forth on the Fee
Schedule.
9. Transaction and Account Information.
a. Statement Information. Transactions submitted through Online or
Mobile Banking, Bill Pay or external transfer services will be recorded
on your monthly statement sent to you by mail or e-Statements if you
have requested e-statements.
b. Preauthorized Credits and Direct Deposits. If you have a direct
deposit made to your account at least once every sixty (60) days from
the same source and you do not receive a receipt (such as a pay stub),
you can call us at 503.626.6600 to find out whether the deposit has
been made or use Telephone Teller or Online Banking to confirm
direct deposits and review your account activity.
c. Terminal Receipt. You should receive a receipt at the time you
make any transfer or withdrawal from your account(s) using an
ATM, POS terminal, or a Visa debit transaction with a participating
merchant, except some electronic terminals will not provide receipts
fortransactionsof$15orless.
d. Account Information Disclosure. We will maintain the
confidentiality and privacy of your account information in accordance
with our Privacy Policy as stated on our website at www.rivermarkcu.
org. However, we may disclose information to third parties about
your account or the transactions you submit in the following limited
circumstances:
• As necessary to complete transfers;
• To verify the existence of sufficient funds to cover specific
transactions upon the request of a third party, such as a credit
bureau or merchant;
• To comply with government agencies or court orders;
• If you give us your express written permission.
10. Preauthorized Electronic Fund Transfers.
a. Authorization to Merchants. By providing your account number
to any merchant or third party not already listed as a joint owner or
authorized user on your account, you authorize all electronic funds
transfers out of your account initiated by that merchant or third
party.
b. Stop Payment Rights. If you have arranged in advance to allow
a third party to make regular electronic fund transfers out of your
account(s) for money you owe them, you may stop payment of these
preauthorized transfers (excluding Online Bill Pay). You must notify
the Credit Union orally or in writing at any time up to three (3) business
days before the scheduled date of a preauthorized transfer. The
Credit Union may require you to provide written confirmation of the
stop payment order within fourteen (14) days of any oral notification.
If we do require the written confirmation, the oral stop payment order
shall cease to be binding fourteen (14) days after it has been made.
c. Notice of Varying Amounts. If these payments may vary in
amount, the person you are going to pay is required to tell you ten
(10) days before each payment, when the payment will be made and
how much it will be. You may choose instead to get this notice only
when the payment would differ by more than a certain amount from
the previous payment or when the amount would fall outside certain
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limits that you set.
d. Liability for Failure to Stop Payment of Preauthorized
Transfers. If you order us to stop one of these payments at least
three (3) business days before the transfer is scheduled, and we do
not do so unless the reason for our failure was outside of our control,
we will be liable for your losses or damages, up to the amount of the
transfer.
11. Credit Union Liability for Electronic Services. If we do not
complete a transaction to or from your account on time or in the correct
amount according to our agreement with you, we will be liable for your
losses or damages. Our sole responsibility for an error in a transaction
will be to correct the error and in no case will we be liable for any indirect,
special, incidental, or consequential damages. In states that do not allow
the exclusion or limitation of such damages, our liability is limited to the
extent permitted by applicable law. The Credit Union will not be liable
for the following:
• If, through no fault of ours, you do not have sufficient funds in
your account to complete the transaction, your account is inactive,
or the transaction would exceed the credit limit on your line of
credit, if applicable.
• If you used the wrong account or Access code, you have not
properly followed any applicable service or Credit Union user
instructions for making Online or Mobile Banking, Online Bill Pay,
or external transactions.
• If your personal computer malfunctioned or the internet service
or phone lines were not working properly or the Credit Union
computer system was not working properly and such problem(s)
should have been apparent when you attempted your transaction.
• If circumstances beyond our control (such as fire, flood,
telecommunication outages or strikes, equipment or power
failure) prevent making the transaction.
• If the funds in your account are subject to an administrative hold,
legal process or other claim.
• If you have not given the Credit Union complete, correct and
current instructions so the Credit Union can process the
transaction.
• If, through no fault of ours, an Online Bill Pay, Online or Mobile
Banking or funds transfer transaction does not reach a particular
payee due to changes in the payee address, account number
or otherwise; the time you allow for payment delivery was
insufficient; payment is lost in the mail or the payee failed to
process a payment correctly or in a timely manner and a fee,
penalty, or interest charge is assessed against you.
• If an error was caused by a system beyond the Credit Union’s
control such as a telecommunications system, an Internet Service
Provider, any computer virus or problems related to software not
provided by the Credit Union.
• If there are other exceptions as established by the Credit Union.
12. Statement Errors on Consumer Accounts. In case of errors or
questions about your EFT transactions, contact us at the phone number
or address set forth in Section 6 above as soon as possible. We must hear
from you no later than sixty (60) days after we sent the first statement
on which the problem appears.
• Tell us your name and member number.
• Describe the transaction you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need
more information.
• Tell us the dollar amount of the suspected error.
If you tell us verbally, 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 the 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) calendar days to investigate
your complaint or question (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.
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 (to the extent possible without
violating other members’ rights to privacy) relied upon to conclude that
the error did not occur.
13. Safety Notice. The following information is a list of safety
precautions regarding the use of Automated Teller Machine (ATM) and
Night Deposit Facilities.
• Be aware of your surroundings, particularly at night.
• Consider having someone accompany you when the ATM or night
deposit facility is used after dark.
• Close the entry door of any ATM facility equipped with a door.
• If another person is uncomfortably close to you at the time of your
transaction, ask the person to step back before you complete your
transaction.
• Refrain from displaying your cash at the ATM or night deposit
facility. As soon as your transaction is completed, place your
money in your purse or wallet. Count the cash later in the safety
of your car or home.
• If you notice anything suspicious at the ATM or night deposit
facility, consider using another ATM or night deposit facility or
coming back later. If you are in the middle of a transaction and
you notice something suspicious, cancel the transaction take your
ATM access device or deposit envelope, and leave.
• If you are followed after making a transaction, go to the nearest
public area where people are located.
• Do not write your personal identification number or code on your
ATM card.
• Report all crimes to law enforcement officials immediately.
14. Mobile and Online Deposit Services.
a. Operation of Service.
i. Mobile and Online Deposit Capture Process. If we approve the
Mobile and Online Deposit service for you, you must use your
Access code with your Login to access your accounts. You may
photograph or scan an image of checks with your mobile device
or personal computer creating an electronic image and you may
transmit the electronic image that the Credit Union will deposit 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 deposit and collection of such items. You
agree that the manner in which checks are cleared or presented
for payment shall be determined by the Credit Union, in its sole
discretion. We reserve the right to select the clearing agents
through which we clear checks.
ii. Funds Availability. Funds from items deposited through the
Service will be available in accordance with the Credit Union’s Funds
Availability Policy disclosure, 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 Credit Union that the
transmission of a check or items does not contain errors or that
funds will be available. Checks deposited though Mobile Deposit
are not received by the Credit Union until we have acknowledged
receipt and provided credit to your account.
iii. Deposit Limitations. You may use Mobile and Online Deposit to
depositnomorethanatotalof$3,500perdeposit,$7,000perday,
andforatotalnottoexceed$25,000inany30dayperiod.
iv. Deposit Acceptance. You agree that Credit Union may at any
time, in its sole discretion, refuse to accept deposits of checks from
you via Mobile Deposit or Online Deposit session. In the event that
the Service is interrupted or is otherwise unavailable, you may
deposit checks in-person at a Credit Union branch or via night drop
or mail or other contractually acceptable method.
b. Member Account.
i. Member Account. You must designate a Credit Union savings or
checking as the settlement account to be used for the purposes
of settling transactions requested in connection with the Service.
We will provide you with details of each specific transaction. You
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will be responsible for reviewing and balancing of any settlement
account.
ii. Responsibility for Check Endorsement. For all mobile check
deposits, you must endorse the original paper check with your
nameandproviding:“FORRIVERMARKCOMMUNITYCREDITUNION
MOBILE DEPOSIT ONLY”. If you fail to provide this endorsement,
we may refuse the deposit and return it to you and you agree to
indemnify the Credit Union from any liability or loss to the Credit
Union arising from the payment of the original paper check without
such required endorsement.
iii. Responsibility for Imaging. You are solely responsible for imaging
deposit items, accessing the service from the Credit Union 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.
iv. 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. For checks not falling
within this requirement you must deposit those checks in person,
using a night drop facility or by U.S. Mail. You agree that each
check you deposit through the Service will be properly endorsed
and will meet the image quality standards that we specify in online
instructions or in this Agreement.
v. Check Retention and 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 Mobile and Online Deposit for
a reasonable period of time in order to verify settlement and credit
or to balance periodic statements, but in no case beyond forty-
five (45) 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.
vi. 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: (i) any substitute check, the
original of which has already been presented for deposit via the
Mobile Deposit, (ii) any image of a check that has already been
deposited either as an original or as a substitute check, (iii) any
original check, the substitute check of which has already been
presented for deposit via Mobile Deposit; (iv) any check made
payable (individually or jointly) to someone who is not an owner
on your account; (v) any post-dated or stale-dated check; (vi)
savings bonds, money orders, travelers checks, or gift checks; (vii)
any item that is incomplete or contains evidence of any alteration;;
and (viii) state warrants or other instruments that are not checks.
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 of your 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.
vii. Your Representations and Warranties. You represent and
warrant:
• that you will comply with all federal and state laws, and rules
and regulations applicable to deposit and check transactions,
including those of the National Automated Clearing House for
ACH transactions;
• that all checks deposited through the Service are made
payable to you;
• that all signatures on each check are authentic and authorized;
and
• that each check has not been altered.
In the event you breach any of these representations or warranties,
you agree to defend, indemnify and hold the 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 your 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.
viii. 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 the 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.
ix. 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.
c. Credit Union’s Obligations.
i. Financial Data. We will review and process your electronic
file through a 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, access
code, 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 use
by the Credit Union of any third parties engaged in the installation,
maintenance and operation of the system or 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.
ii. 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.
iii. 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
14
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 therefrom may nevertheless be returned to the Credit Union
because, among other reasons, the electronic image is deemed
illegible by a paying bank. The Credit Union’s failure to identify an
Exception Item shall not preclude or limit your obligations to the
Credit Union.
iv. Account Information. We will provide you with daily transaction
history via the Internet and the Online Banking service detailing
items processed, return items, and deposit adjustments.
v. Retention of Check Images. Credit Union will retain any images
of deposited items for six (6) years.
d. Disclaimer of Warranties. YOU ACKNOWLEDGE 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). YOU FURTHER ACKNOWLEDGE
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. YOU HEREBY ASSUME
ALL RISKS RELATING TO THE FOREGOING.
e. Credit Union’s Liabilities.
i. Direct Damages. THE CREDIT UNION’S LIABILITY SHALL BE
LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY
TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF THE
CREDIT UNION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF THE
CREDIT UNION RESULTING FROM ANY SUCH CLAIMS SHALL NOT
EXCEED ONE HUNDRED DOLLARS. 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 YOU IN CONNECTION WITH ANY MATTER.
ii. Your Duty to Report Errors. You will notify the Credit Union of
any errors, omissions, or interruptions in, or delay or unavailability
of, the Services 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.
iii. Credit Union’s Performance. You acknowledge and agree that
the Credit Union shall not be liable for any damages or loss of
any kind resulting from any unintentional error or omission by
the Credit Union in performing the Service, in accordance with
or unintentional deviation from the terms and conditions of this
Agreement. You acknowledge that the Credit Union’s systems and
procedures established for providing the Service are commercially
reasonable.
iv. Limitation of Liability. The Credit Union shall have no liability to
you, or any other person or entity, for any loss, damage, cost, or
expense arising out of this Agreement or the Service regardless
of the form in which asserted, whether in contract, tort (including
negligence), warranty, or any other legal or equitable grounds, and
regardless of whether the remedies available fail of their essential
purpose, except as provided by applicable law for any error or
delay in performing the Service provided for in this Agreement,
and we shall have no liability for not effecting a transaction, if:
• We receive actual notice or have reason to believe that you
filed or commenced a petition or proceeding for relief under
any bankruptcy or similar law;
• The ownership of funds involving a transaction is in question;
• We suspect a breach of the security procedures;
• We suspect that your account has been used for illegal or
fraudulent purposes; or
• We reasonably believe that a transaction is prohibited by
federal law or regulation, or otherwise so provided in the
Agreement.
The 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.
f. 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.
15. Amendments. The Credit Union reserves the right to change the
terms and conditions upon which this service is offered. The Credit
Union will notify you, by mail, at least twenty-one (21) days before the
effective date of any change, as required by law. Use of this service is
subject to existing regulations governing the Credit Union account and
any future changes to those regulations.
16. Termination of Electronic Services. You agree that we may
terminate this Agreement and your Online Banking, Bill Pay, or external
transfer services, if you, or any authorized user of EFT services or Access
code breach this or any other agreement with us; or if we have reason
to believe that there has been an unauthorized use of your accounts or
Access code. In addition, we reserve the right to terminate the service if
you fail to use the service for more than two consecutive billing cycles.
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.
17. 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. 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, subject to Oregon law, 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 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.
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