ASTERA CREDIT UNION |
| Electronic Documents Agreement and Disclosure |
| Introduction |
| This Electronic Documents Agreement and Disclosure (Agreement) specifically governs the delivery of electronic documents (E-Documents) through Our Online Banking (also referred to as on-line or Internet banking) website. This Agreement informs You of Your rights and responsibilities and the terms and conditions associated with E-Documents. Please read this Agreement carefully. In this Agreement the words "You", "Your" and "Yours" mean each and every one who requests E-Documents. The words "We", "Us", "Our" and "credit union" mean Astera Credit Union. |
| You agree to be bound by all terms and conditions contained in this Agreement and the Astera Credit Union membership Account Agreements and Disclosures. You further agree to follow all instructions provided herein to receive E-Documents and You agree to abide by any terms or conditions that may be added because of future enhancements to Our E-Documents program. Access to E-Documents is only available by accessing Astera Credit Union’s Online Banking website. |
| Electronic Documents |
| By agreeing to this disclosure, You agree to receive E-Documents through Your Online Banking account. |
| Your periodic statement (E-Statement) is an example of an electronic document that will be delivered to You electronically. Other E-Documents, may include but are not limited to: deposit account disclosures, notices regarding changes in account terms and fees, late notices, inactive account/dormancy notices, privacy notices, Funds Availability notices, Truth in Savings Disclosures, regulatory, governmental and/or third party notices. |
| We may also notify You via Your email address that We have delivered to You other electronic documents together with amendments to this agreement and other agreements or documents in an electronic format through Your Online Banking account. |
| Valid Email Address |
| You will receive email notification when documents are available via the email address You provided to Us. You must maintain a valid email address. |
| We must receive notification of any change in Your email address at least three business days prior to the last business day of the month to give Us time to affect the change. Failure to do so may result in a delay of or lack of delivery of Your E-Documents. You may change Your email address by logging into Your Online Banking account. |
| Availability |
| Astera’s E-Documents will be available 24 hours a day, 7 days a week, except when the Online Banking website is down for maintenance or as otherwise indicated below. Access to services obtained on the Online Banking website may be unavailable at certain times for the following reasons: a) periods of scheduled maintenance when systems require maintenance or upgrades; b) unscheduled maintenance when E-Documents may be unavailable when unforeseen maintenance is necessary or c) system outages when major unforeseen events, including, but not limited to: earthquakes, fires, floods, computer failures, interruptions in telephone service or electrical outages that may cause system unavailability. Astera Credit Union will make all reasonable efforts to ensure the availability of Your E-Documents; however, Astera Credit Union is in no way liable for the unavailability of E-Documents or any consequential damages that may result. |
| Agreement for Receiving Electronic Disclosures |
| You specifically consent and agree that We may provide E-Documents (periodic statements, disclosures, notices and governmental and/or third party notices or notice of the availability of any of the foregoing) with You or on your behalf electronically by posting or providing a link to same on the Online Banking website by submitting a notice to the e-mail address You provided Us. |
| If an email is returned undeliverable, We will change Your account statement status to paper and will provide Your periodic statement via US mail to Your address of record. Thereafter, it will be Your responsibility to re-apply for any E-Documents We offer and/or to provide notice of Your correct email address. See Our Schedule of Fees and Charges for fees that may apply for receiving paper copies of Your periodic statement. |
| Upon receipt of Your consent, We will provide E-Documents, as applicable, to You through Your Online Banking account. You will be required to log into Astera Credit Union’s Online Banking website to access all of Your E-Documents. It is Your responsibility to protect Your User ID and Password to Online Banking from unauthorized persons. You understand that You have no expectation of privacy if notice of the availability of electronic documents are transmitted to an email address owned by Your employer or any other persons that are not owners, borrowers, authorized users, etc. You further agree to release the credit union from any liability if the information is intercepted or viewed by an unauthorized part at the email address in your Membership Application & Agreement selected by You or any updates thereto that are provided to the credit union. |
| You have a right to receive a paper copy of any E-Document if applicable law specifically requires Us to provide such documentation. To request a paper copy of any of Your E-Documents, You must: |
| Contact us via: |
| Phone: 517-323-3644 or 800-323-0048 |
| Fax: 517-323-4414 |
| Email: memberservices@asteracu.com |
| Write us at: |
| Astera Credit Union |
| 111 S. Waverly Road |
| Lansing, MI 48917 |
| Or visit one of our branches. |
| Software Requirements |
| To access and use Our Online Banking website and to access Your E-Documents, You need a computer with an internet connection and You will need to use the following computer software and hardware: |
| Browser Requirements: |
| • Internet Explorer 8+ |
| • Fire Fox 1.5+ |
| • Safari 4.1.3+ |
| • Chrome |
|
| Other Requirements: |
| • PDF Reader |
| • Javascript – enabled |
| • Cookies - enabled |
| These are the current minimum requirement needed to access Your E-Documents. These requirements may change without notice due to changes in technology, software and as other requirements continue to evolve. We make no warranty or representation regarding the access that You will have now or in the future and as such is beyond the control of the credit union. |
| You are responsible for the setup and maintenance of Your home computer and internet connection which supports the encryption requirements Our Online Banking system. |
| Fees and Charges |
| There are currently no fees for the use Our E-Document services; however, We reserve the right to impose fees or to subsequently change Our fee schedule for E-Document services as required by law. |
| See Our Schedule of Fees and Charges for applicable fees for obtaining paper copies of Your periodic statements through the US mail. |
| Other Limitations of Liability |
| You are solely responsibility for the selection, installation, maintenance and operation of Your personal computer and software. Astera Credit Union expressly disclaims any and all liability as it relates to the improper use of Your personal computer and the transmission of data. We are not responsible for any errors or failures due to any malfunction of Your personal computer, software, the unsuitability of Your personal computer or software, any virus or problems that may be associated with the use of any Internet service. Astera Credit Union will notify You of any changes to the software and hardware requirements needed to access E-Documents within an acceptable period. If You do not agree to the changes required, You may terminate access to E-Documents without charge. |
| Termination of E-Documents and Online Banking |
| You may cancel this Agreement and terminate the ability to receive E-Documents with Astera Credit Union at any time by unsubscribing to E-Documents access. This will automatically discontinue Your ability to use E-Document and Online Banking services. Astera Credit Union reserves the right to terminate this Agreement at any time by sending Your periodic statement, notices and disclosures to the mailing address we have on file. |
| E-Statements ONLY: You reserve the right to terminate receipt of Your E-Statement through Online Banking at any time without impacting Your ability to use Online Banking services. Please refer to the Fees and Charges section above for fees charged for receiving a paper statement. |
| Governing Law |
| This Agreement is made in the State of Michigan and shall be construed and governed by the laws of the State of Michigan without regard to its conflict of laws or provisions and to the extent that Michigan law is not inconsistent with controlling Federal Law. |
| Amendments |
| This Agreement may be amended by the credit union at any time and at its discretion. You will receive notice of amendments required by law via email notification. |
| Effective Date |
| This Agreement governs Your acceptance of Astera Credit Union’s E-Document services and becomes effective upon accepting during registration. |
|
| Online Banking Agreement and Disclosure |
|
| This Online Banking Agreement and Disclosure (Agreement) specifically governs Online Banking services and informs You of Your rights and responsibilities and the terms and conditions associated with Online Banking. Please read this Agreement carefully. In this Agreement the words "You", "Your" and "Yours" mean each and every one who requests Online Banking access. The words "We", "Us", "Our" and "credit union" mean Astera Credit Union. |
| You agree to be bound by all terms and conditions contained in this Agreement and You further agree to follow all instructions provided herein to use Online Banking. You agree to abide by any terms or conditions that may be added because of future enhancements to Our Online Banking website |
| Online Banking |
| You must sign-up to access Our Online Banking website. To do this, You need to go to the Astera Credit Union website www.asteracu.com and register with Your account information. You will choose a User ID and a Password upon registration for use with Online Banking and Astera Credit Union’s Online Banking services. Your User ID and Password are confidential and should NOT be disclosed to others or recorded on documents or records located on or around Your PC (personal computer). You agree not to disclose or otherwise make Your User ID and Password available to anyone not authorized to access Your account information. If You authorize anyone to use Your User ID and Password, that authority shall continue until You specifically revoke such authority by changing the Password or by requesting a reset from the website. You understand that if You reveal Your User ID and Password to anyone and give them authority to make transactions, You have authorized that individual to access information from any of Your accounts that can be accessed by the User ID and Password, regardless of whether that person is authorized to access these account(s) by any means other than by use of Our Online Banking services. If You fail to maintain security of Your User ID and Password and We suffer a loss, We reserve the right to terminate Online Banking services to You under this Agreement, as well as to terminate other credit union deposit and loan services. Users of Online Banking should use such other Password protection precautions as may be appropriate under any particular set of circumstances to ensure proper security over system access and access to account and transaction information. Online Banking provides the capability for You to change Your Password. To help safeguard Your security You should change Your Password frequently. If You forget Your Password You can request a reset from the website. If Your system access is disabled, You must contact a credit union representative to get Your access restored. |
| Types of Transactions and Limitations |
| You may use Our Online Banking system to make the following types of transactions on designated accounts such as, but not limited to: a) transferring funds between Your authorized accounts; b) verifying Your account balances; c) making loan payments and d) other miscellaneous functions such as, but not limited to, searching transaction history, requesting an account withdrawal by check, check stop payments and check orders on Your account. |
| Money Market Account Limitations: during any statement period You may not make more than six withdrawals from or transfers to another credit union account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be made by check, draft, debit card if applicable, or similar order to a third party. If You exceed these limitations, Your account may be subject to closure by Us. |
| Valid Email Address |
| You must have a valid email address to use the Online Banking website. You may receive email notices when documents are available via the email address You provided to Us. |
| We must receive notification of any change in email address at least three business days prior to the last business day of the month to give Us time to affect the change. You may change Your email address through Your Online Banking account. |
| Electronic Documents |
| When You register to use Astera Credit Union’s Online Banking services, You will start receiving electronic documents such as regulatory disclosures, periodic statements, notices and alerts electronically. You will receive email notices when documents are available via the email address You provided to Us on Your Membership Application & Agreement. |
| Availability |
| Astera’s Online Banking website will be available 24 hours a day, 7 days a week, except when the website is down for maintenance or as otherwise indicated below. Access to services obtained on the Online Banking website may be unavailable at certain times for the following reasons: a) periods of scheduled maintenance when systems require maintenance or upgrades; b) unscheduled maintenance when the website may be unavailable when unforeseen maintenance is necessary or c) system outages when major unforeseen events, including, but not limited to: earthquakes, fires, floods, computer failures, interruptions in telephone service or electrical outages that may cause system unavailability. Astera Credit Union will make all reasonable efforts to ensure the availability of the Online Banking website; however, Astera Credit Union is in no way liable for the unavailability of Online Banking or any consequential damages that may result. |
| Equipment and Software Requirements |
| To access and use Our Online Banking website, You need a computer with an internet connection and You will need to use the following computer software and hardware: |
| Browser Requirements: |
| • Internet Explorer 8+ |
| • Fire Fox 1.5+ |
| • Safari 4.1.3+ |
| • Chrome |
|
| Other Requirements: |
| • Javascript – enabled |
| • Cookies - enabled |
| These are the current minimum requirements that are required to access and use Our Online Banking website and services, which may change without notice due to changes in technology, software and as other requirements continue to evolve. We make no warranty or representation regarding the access speed that You will have now or in the future and as such is beyond the control of the credit union. |
| You are responsible for the setup and maintenance of Your home computer and internet connection which supports the encryption requirements Our Online Banking system. |
| Liability for Unauthorized Access |
| You are responsible for all transfers You authorize under this Agreement. If You permit other persons to use the Online Banking service or Your User ID and Password, You are responsible for any transactions they authorize or conduct on any of Your accounts. However, tell us AT ONCE if You believe anyone has used Your User ID and Password or accessed Your accounts through Online Banking without Your authorization. Calling Us is the best way of keeping Your possible losses to a minimum. You could lose all of the money in Your account (plus Your maximum overdraft line of credit, if applicable). |
| If You tell Us within 2 business days after You learn of the loss or theft of Your User ID and Password, You can lose no more than $50.00 if someone accesses Your accounts without Your permission. If You do NOT tell us within 2 business days after You learn of the loss or theft of Your User ID and Password, and We can prove We could have stopped someone from accessing Your account without Your permission if You had told us, You could lose as much as $500. |
| Also, if Your periodic statement shows transfers that You did not make, tell Us at once. If You do not tell Us within 60 days after the statement was delivered to You, you may not get back any money You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You had told Us in time. If a good reason (such as a long trip or hospital stay) kept You from telling Us, We may extend the time periods. |
| If You believe Your accounts have been accessed without Your permission or that someone has transferred or may transfer money from Your account without Your permission: |
| Contact us via: |
| Phone: 517-323-3644 or 800-323-0048 |
| Fax: 517-323-4414 |
| Email: memberservices@asteracu.com |
| Write us at: |
| Astera Credit Union |
| 111 S. Waverly Road |
| Lansing, MI 48917 |
| Or visit one of our branches. |
| IMMEDIATELY!!! |
|
| Business Days |
| Every day is a business day except Saturdays, Sundays, Federal and other credit union observed holidays. |
| Processing Dates for Funds Transfer |
| We can process a Funds Transfer on the same Business Day as Your instructions, if We |
| receive Your instructions before Our daily cut-off hour of 4:00 P.M., Eastern Standard Time, |
| on a Business Day. |
| If We receive Your instructions after the end of Our Business Day, We process the Funds Transfer on Our next Business Day. See our Hours of Operation & Holiday Schedule. |
| Fees and Charges |
| There are currently no fees for the use of Online Banking, however, We reserve the right to impose fees or to subsequently change Our Schedule of Fees and Charges as required by law. |
| Documentation |
| You will receive a monthly statement to reflect all Online Banking transactions to or from Your account during that statement period. In any case, You will receive a statement at least quarterly. |
| Liability for Failure to Complete Transactions |
| If We do not properly complete a transaction to or from Your account according to this agreement, We will be liable for Your losses or damages. However, We will not be liable if: a) Your account does not contain enough available funds to make the transaction through no fault of Ours; b) Your computer was not working properly and You knew about the breakdown when You started the transaction; c) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; d) Your User ID and Password have been reported lost or stolen and We have blocked the account; e) the money in Your account is subject to legal process or other claims; f) there are other lawful exceptions established by Us and You are given proper advance notice of them; or g) You exceed any limits on Your account. |
| Other Limitations of Liability |
| Only browsers listed on page 3 are acceptable. You are solely responsible for the selection, installation, maintenance and operation of Your personal computer and software. Astera Credit Union expressly disclaims any and all liability as it relates to the improper use of Your personal computer and the transmission of data. We are not responsible for any errors or failures due to any malfunction of Your personal computer, software, the unsuitability of Your personal computer or software, any virus or problems that may be associated with the use of any Internet service. Astera Credit Union will notify You of any change to the software and hardware requirements needed to access Online Banking within an acceptable period. If You do not agree to the changes required, You may terminate access to Online Banking without charge. |
| Disclosure of Account Information |
| We may disclose information to third parties about Your account or Online Banking transfers You make: 1) when it is necessary to complete an electronic transaction; 2) in order to verify the existence and conditions of Your account for a third party such as a credit bureau or merchant; 3) in order to comply with a government agency or court order, a legal process or 4) if You give Us written permission. |
| In Case of Error or Questions about Your Online Banking Transactions |
| If You believe that there has been an error related to Your Transactions on Our Online Banking system, please refer to Astera Credit Union’s Agreements and Disclosures. |
| Termination of Online Banking |
| You may cancel this Agreement and terminate the ability to utilize Online Banking services with Astera Credit Union at any time by notifying Us either orally or in writing to unsubscribe to Online Banking. You may notify Us at (517) 323-3644 or toll free (800) 323-0048 or write to Us at Astera Credit Union, 111 S. Waverly, Lansing, MI 48917. We may terminate this Agreement at any time by sending Your paper statement to the address We have in Our records. |
| This Agreement is made in the State of Michigan and shall be construed and governed by the laws of the State of Michigan without regard to its conflict of laws or provisions and to the extent that Michigan law is not inconsistent with controlling Federal Law. |
| Amendments |
| This Agreement may be amended by the credit union at any time and at its discretion. You will receive notice of amendments required by law via email notification. |
| Effective Date |
| This Agreement governs Your use of Astera Credit Union’s Online Banking website and becomes effective upon accepting the agreement. |
|
| Mobile Banking and Mobile Deposit Agreements |
|
| This Agreement governs your use of Mobile Banking services and Mobile Deposit services provided to you by ASTERA CREDIT UNION. |
| MOBILE BANKING TERMS AND CONDITIONS |
| For purposes of this Agreement, Mobile Banking means the financial services that ASTERA CREDIT UNION makes available, and to which you have access, using a wireless handheld device such as a cell phone, PDA, or tablet and includes, by way of example and not limitation, mobile web banking and banking initiated by means of a downloadable application. |
| Your use of Mobile Banking is subject to this Agreement and to the following, all of which are considered part of this Agreement: |
| 1. Terms or instructions appearing on ASTERA CREDIT UNION's website and elsewhere when enrolling for, activating, accessing, or using Mobile Banking; |
| 2. ASTERA CREDIT UNION's rules and procedures, as amended from time to time, that apply to Mobile Banking or any Account you maintain with ASTERA CREDIT UNION; |
| 3. Current rules and regulations, if any, of any funds transfer system or payment system used in connection with any Account; and |
| 4. State and Federal laws and regulations, as specifically applicable. |
| In addition, each Account will continue to be subject to the Membership Agreement applicable to such Account. If this Agreement conflicts with the separate agreement to which an Account is subject, then this Agreement will control and take precedence, unless this Agreement expressly states otherwise. |
| USING A DOWNLOADABLE APPLICATION |
| Ownership. You acknowledge and agree that a third party provider to ASTERA CREDIT UNION, if applicable, is the owner of all right, title and interest in and to the downloadable software, the computer programs contained therein, and any accompanying user documentation (collectively called the Software). |
| License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control. |
| Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright. |
| Disclaimer of Warranty. The software is provided on an as is and as available basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the software will be free from defects or viruses or that operation of the software will be uninterrupted. Your use of the software and any other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use. |
| Limitation of Liability. To the maximum extent permitted by applicable law, in no event will ASTERA CREDIT UNION, the provider of any financial services available through or related to the software, any of their contractors or providers or any of each of their affiliates be liable for any damages arising out of the use or inability to use the software, including but not limited to any general, special, incidental or consequential damages, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which any claim is based. In any case, liability of ASTERA CREDIT UNION or any of the other persons or entities described in the preceding sentence arising out of the use or inability to use the software shall not exceed in the aggregate the lesser of $10.00 or the sum of the fees paid by you for this license. |
| Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning Mobile Banking. This Agreement will be governed by and construed in accordance with the laws of the state of Michigan, excluding that body of laws pertaining to conflict of laws. The parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded. |
| Content and Services. Neither ASTERA CREDIT UNION nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither ASTERA CREDIT UNION nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software. |
| MOBILE DEPOSIT TERMS AND CONDITIONS |
| Mobile Deposit provides you the ability to access and make deposits to your designated eligible Accounts using either the Software referenced above or a home scanner and personal computer. Mobile Deposit is designed to take advantage of the Check Clearing for the 21st Century Act and its regulations (collectively, Check 21). Mobile Deposit enables you to use a compatible handheld device or home scanner to capture an image of original paper checks (Original Checks) that are drawn on or payable through U.S. financial institutions (each a Check Image) and to electronically submit the Check Image and associated deposit information to ASTERA CREDIT UNION from your home or other remote locations for deposit into a designated eligible Account for collection thereafter by ASTERA CREDIT UNION. A Check Image submitted to ASTERA CREDIT UNION electronically for deposit is not deemed received until ASTERA CREDIT UNION accepts and confirms receipt of your Check Image deposit. |
| Your use of Mobile Deposit is subject to these requirements: |
| 1. You must have or acquire and maintain a compatible handheld device and a wireless plan from a compatible wireless carrier. |
| 2. You must qualify, and ASTERA CREDIT UNION must approve, your eligibility. |
| You may scan and submit Check Images for deposit to ASTERA CREDIT UNION within the dollar limits (Deposit Limits) established for you by ASTERA CREDIT UNION. ASTERA CREDIT UNION reserves the right to limit the frequency and dollar amount of deposits submitted through Mobile Deposit. If you exceed the Deposit Limits established for you, ASTERA CREDIT UNION may in its sole discretion accept or refuse the Check Image deposit. If at any time ASTERA CREDIT UNION accepts a Check Image deposit that exceeds your Deposit Limits, ASTERA CREDIT UNION will have no obligation to do so in the future. ASTERA CREDIT UNION may at any time at its sole discretion raise or lower your Deposit Limits. |
| By requesting access to Mobile Deposit, you authorize ASTERA CREDIT UNION to provide you with access to all of the Share Accounts eligible for Mobile Deposit, which are a Primary Savings Account or a Checking Account and other Accounts as may be eligible in the future. |
| Scanning and submitting Check Image deposits does not constitute approval of the deposit by ASTERA CREDIT UNION. Generally, Check Image deposits received prior to 5:00 PM Eastern Time are posted to your account on the Business Day of receipt. Any Check Image deposit that requires review or that is received after 5:00 PM Eastern Time or on Saturdays, Sundays, federal holidays, Good Friday, Friday after Thanksgiving, Christmas Eve and New Year's Eve will be posted on ASTERA CREDIT UNION's next Business Day. Acknowledgment that your Check Image deposit has been received by ASTERA CREDIT UNION does not mean that the Check Image deposit was received error free. |
| You agree that you will use Mobile Deposit to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with ASTERA CREDIT UNION. All other items may be deposited by alternate methods such as in person or by mail. |
| You understand that ASTERA CREDIT UNION is not obligated to accept for deposit any Check Image that ASTERA CREDIT UNION in its sole discretion determines to be ineligible for Mobile Deposit. Ineligible items include: Check Images of items drawn on banks located outside the United States, Check Images that are illegible, images of checks previously converted to Substitute Checks as defined by Check 21, and Check Images with unreadable MICR information. The quality of any Check Image must comply with the requirements established from time to time by any regulatory agency, clearing house or association. You acknowledge and agree that even if ASTERA CREDIT UNION does not identify a Check Image as ineligible, the Check Image may be returned to ASTERA CREDIT UNION because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. ASTERA CREDIT UNION's failure to identify a Check Image you transmit to ASTERA CREDIT UNION as ineligible shall not preclude or limit your obligations. |
| You agree to be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically and deposited using Mobile Deposit and indemnify and hold ASTERA CREDIT UNION harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically, or (ii) for any Items being submitted for deposit or presented for payment more than once. There are no laws or regulations that state how long original items should be retained prior to destruction; therefore, retention timeframes are set at the Member's discretion. You are responsible if an Original Check is misused following submission by Mobile Deposit. |
| You make the following representations and warranties: |
| 1. You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image. |
| 2. You shall submit to ASTERA CREDIT UNION only Check Images suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data. |
| 3. You shall be responsible for safekeeping or destruction of the Original Checks as stated above. |
| 4. You shall not submit to ASTERA CREDIT UNION or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with ASTERA CREDIT UNION or which you previously submitted to and was accepted by any other person or entity for deposit. |
| 5. You shall not deposit into your Account with ASTERA CREDIT UNION or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to ASTERA CREDIT UNION, unless following receipt of your submission, ASTERA CREDIT UNION notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn. |
| 6. You shall indemnify, defend, and hold ASTERA CREDIT UNION and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through Mobile Deposit as described above. |
| 7. You shall use Mobile Deposit only for your own personal, home office, or small business use in accordance with the terms of this Agreement. You shall not make Mobile Deposit available or transfer your rights to use Mobile Deposit for the benefit of any third party. |
| ASTERA CREDIT UNION will acknowledge receipt of your Check Image deposit submitted through Mobile Deposit and notify you if a Check Image is not eligible for deposit. ASTERA CREDIT UNION's ability to provide Mobile Deposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and ASTERA CREDIT UNION's response. ASTERA CREDIT UNION shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of Mobile Deposit, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within ASTERA CREDIT UNION's control. All fees and charges stated in the Truth in Savings Rate and Fee Schedule will remain in effect when you access your Account using Mobile Deposit. |
| Disclaimer of Warranties. You agree your use of Mobile Deposit and all information and content (including that of third parties) is at your risk and is provided on an as is and as available basis. ASTERA CREDIT UNION disclaims all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ASTERA CREDIT UNION makes no warranty that Mobile Deposit (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results obtained from Mobile Deposit will be accurate or reliable, and (iv) that any errors in the services or technology will be corrected. In no event will ASTERA CREDIT UNION be liable to you for any consequential, incidental, or indirect damage arising out of the use, misuse or inability to use Mobile Deposit or for any loss of data, even if ASTERA CREDIT UNION has been advised of the possibility of such damage. |
| You agree that ASTERA CREDIT UNION may provide you with all disclosures, notices, and other communications about Mobile Deposit, and any future amendments, changes, or additions to this Agreement in electronic form. At your request, ASTERA CREDIT UNION agrees to provide you with a paper copy of this Agreement by calling 800.323.0048. Your consent to receive notices and updates in electronic form only will apply for as long as you use Mobile Deposit. You may withdraw your consent to receive electronic communications at any time by calling 800.323.0048. This Agreement may be downloaded at www.AsteraCU.com. |
| ASTERA CREDIT UNION may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you as required by law or regulation. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of Mobile Deposit or the safety of ASTERA CREDIT UNION's relationship with you or is otherwise required immediately by law or applicable regulation. |
| The following provisions are applicable to sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not consumer accounts and are not maintained primarily for personal, family, or household purposes: |
| 1. ASTERA CREDIT UNION is not responsible for any loss, injury or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by Mobile Deposit or the use of Mobile Deposit except as otherwise expressly provided for in this Agreement or by applicable law. You are responsible for any unauthorized use of Mobile Deposit and any loss or damages incurred due to the unauthorized access to your Accounts. |
| 2. If any person with authorized access through Mobile Deposit is no longer authorized, it is your responsibility to notify ASTERA CREDIT UNION. ASTERA CREDIT UNION shall not be liable or responsible to you for any transactions conducted by any person whose authority to conduct transactions is no longer in effect until ASTERA CREDIT UNION is expressly notified. |
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