Los Angeles Police Credit Union “MY-Deposit and GO-Deposit”
Remote Deposit Capture User Agreement ("Agreement")
Electronic Signatures and National Commerce Act (ESign) Consent Agreement
You must read this Federal ESIGN Disclosure and Consent Agreement carefully and
PRINT A COPY AND/OR RETAIN THIS INFORMATION ELECTRONICALLY FOR YOUR RECORDS.
The federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) gives consumers certain rights if they elect to receive disclosures in electronic form. By accepting these terms below, you are consenting to receive this initial and updated disclosures and agreements relating to the Service in electronic form.
Your consent to This Agreement contains the terms and conditions for the use of Los Angeles Police Credit Union's (LAPFCU) MY-Deposit and GO-Deposit remote deposit capture (the "Service") that Los Angeles Police Credit Union or its affiliates (“LAPFCU,” “Credit Union,”"FI", "us", "we", “our”) may provide to you ("you," or "User"). Other agreements you have entered into with LAPFCU including the savings account Agreements and Disclosures governing your LAPFCU savings accounts, are incorporated by reference and made part of this Agreement.
1. Service. The LAPFCU Remote Deposit service ("MY-Deposit and GO-Deposit") is designed to allow you to make deposits to your checking, savings, or money market accounts from your business, home, mobile device or other remote location by scanning (MY-Deposit) or photographing (GO-Deposit) checks and delivering the images and associated deposit information to LAPFCU or LAPFCU's designated processor. There is currently no charge for the Service. All other fees related to savings accounts apply. The LAPFCU Fee Disclosure will be updated, and members provided at least 30 days notice, should a fee be instituted in the future. Your continued use of the Service will indicate your acceptance of any such change to the fee charged for the Service.
2. Member Eligibility. You understand that you must be 18 years of age, have an active personal checking account open more than 30 days, and be an LAPFCU member in good standing to qualify for the Service. Business accounts are not eligible for the service.
3. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. You agree to comply with the hardware and software requirements set forth at Exhibit “A” which is attached hereto and incorporated by this reference. This Agreement is subject to change by LAPFCU from time to time. We will notify you of any material change to the Service upon sign-in. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, LAPFCU reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
4. Compliance with Laws. You agree to comply with all laws, statutes, regulations and ordinances pertaining to your use of the Service, as well as all laws relating to the banking transactions contemplated hereunder. You also agree to be bound by any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which we are a party that govern the Service we provide.
5. Limitations of Service. When using the Service, you may experience technical or other difficulties (i.e. sign on, connectivity, imaging, check acceptance, etc.). We are not liable and will not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service has qualification requirements, and we reserve the right to change thequalifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
6. Eligible items for Deposit. You agree to scan or photograph and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in California.
7. Unacceptable Items for Deposit. You understand and agree that you will not use the Service to scan, photograph and deposit any checks or other items as shown below:
- Any third party check or item, i.e., any check or item that is made payable to another party and then endorsed to you by such party.
- Any check or item drawn on your personal account at LAPFCU.
- Any check or item containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Any check or item previously converted to a substitute check, as defined in Regulation CC.
- Any check or item drawn on a financial institution located outside the United States.
- Any check or item that is remotely created checks, as defined in Reg CC.
- Any check or item not payable in United States currency.
- Any check or item that is stale-dated, expired, or “post dated”.
- Any item that is “non-negotiable” (whether stamped in print or as a watermark).
- Any item that has been re-deposited or returned such as a “non-sufficient funds” or “refer to maker” or returned for any other reason.
- Any item that is incomplete.
- Checks or items prohibited by LAPFCU's current procedures relating to the Service or which are otherwise not acceptable under the terms of your LAPFCU account.
- U.S. Savings Bonds
Deposits of this nature will result in the immediate termination of the Service and an immediate reversal of the transaction or credit to your account. A reversal means the amount of the item(s) deposited will be removed from your account and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by LAPFCU from any other deposit accounts you hold with LAPFCU, in its sole discretion. The reversal may also result in a negative balance on your account.
8. Image Quality. Any image of a check that you transmit to us must be legible and must accurately and legibly provide all of the information on the front and back of the check at the time of presentment to you by the drawer. The Service allows for the electronic transmission of items only (i.e. scanned or photographed and transmitted via a secure online banking session). The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
9. Endorsements and Procedures. Prior to scanning or photographing the original check, you agree to endorse all items transmitted through the Service with your name and the legend “For Deposit Only”. You agree to follow any and all other procedures and instructions for use of the Service as LAPFCU may establish from time to time. The image of the check transmitted to us using the Service must accurately and legibly provide, among other things, the following information: (1) your endorsement; (2) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signatures; and (3) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality of the check must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, including the requirements under federal Regulation CC, or any other regulatory agency, clearing house or association. The Service may reject your deposit if the image is not satisfactory. Receipt of the image does not guarantee we can accept the image.
You further acknowledge that you, and not LAPFCU, are 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 LAPFCU's printing of any substitute check from those images.
10. Receipt of Items. Upon receipt of the digital image, we will review the image for acceptability. You understand and agree that receipt of an image does not occur until you receive a confirmation from LAPFCU that we received the image (you have the option to receive this confirmation via email). Receipt of such confirmation does not mean that the transmission was error free or complete. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to us. We are not responsible for items we do not receive or for images that are dropped during transmission. You agree that prohibited items, as listed in Section 7, if deposited at LAPFCU, will be deposited via an alternative method and not by using the Service. The manner in which the items are cleared, presented for payment, and collected shall be in LAPFCU's sole discretion subject to the Truth-in- Savings Agreements and Disclosures governing your account. Deposited items subsequently returned to LAPFCU for any reason will be processed in accordance with our normal returned item procedure.
11. Rejection of Deposit. We are not liable for any fees, service, or late charges levied against you due to our rejection of any deposited item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned as unable to process.
12. Items Returned Unpaid. A notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that you transmit to us for remote deposit that we credit to your account, in the event such item is dishonored, you authorize us to debit the amount of such item from your account, including any applicable fees. Please refer to the current LAPFCU Schedule of Fees.
13. Availability of Funds. You agree that items transmitted using the Service are subject to funds availability in accordance with our Funds Availability Policy. LAPFCU may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as LAPFCU in its sole discretion, deems relevant. Business Day and Availability Disclosure. Your business days are Monday through Friday, except holidays. Funds Availability. If you make a deposit before 3 p.m. Pacific Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 3 p.m. Pacific Time or on a day we are not open, we will consider that the deposit was made on the next business day we are open. You understand and agree that, for purposes of deposits made using the Service, the place of deposit is Van Nuys, California. You understand that following our receipt and processing of the image, funds from the check will be made available for your withdrawal and/or use in accordance with the terms and conditions of our Funds Availability Policy previously provided to you. You understand that we may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant. You also understand that credit is provisional until settlement is final.
14. Email Address. You agree to notify us immediately if you change your email address. You can change your email address in LAPFCU’s PATROL Online Banking System.
15. Unavailability of Service. You understand and agree that the Service may at times be temporarily unavailable due to LAPFCU system maintenance or technical difficulties including, but not limited to, those of the Internet service provider and Internet software. In the event that the Service is unavailable, you acknowledge that you can deposit an original check at one of our branches or at a CU Service Centers® shared branch, through one of our ATMs or a CO-OP® ATM, or by mailing the original check to LAPFCU, P.O. Box 10188, Van Nuys, CA 91410-0188. It is your sole responsibility to verify that items deposited using the Service have been received and accepted for deposit by us. To verify your deposit was accepted you can sign into Mobile Banking or PATROL Online Banking, and verify your deposit was received. The credit will be provisional until the deposit has cleared.
16. Retention and Disposal of Transmitted Items. Upon your receipt of a confirmation from LAPFCU that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or “RDC and the date” or “VOID” to ensure that it is not re-presented for payment.
· You agree to securely store each original check that you deposit using the Service for a period of at least sixty (60) days after transmission to us. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you will safely destroy the original check.
· You understand and agree that you are responsible for any loss caused by your failure to secure the original checks or items.
· You agree never to re-present the check for deposit.
· You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to LAPFCU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide a sufficient copy of the front and back of the check you will be liable for any unresolved claims by third parties.
17. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits from time to time. The aggregate deposit limit for MY-Deposit and GO-Deposit per business day is $10,000. The rolling 30-day aggregate deposit limit for MY-Deposit and GO-Deposit is $25,000.
18. GO-Deposit Mobile Banking Application. We will make the Mobile Banking Application (“App”) available for you todownload.If you meet the preselected eligibility criteria for the Service, you will receive a response when you use the icon for GO-Deposit mobile so that you can capture and transmit check images (front and back) and other information to us electronically for deposit. If you are not sure if you qualify for the Service, you may contact the LAPFCU Call Center at (877) 695-2732.
19. Responsibility for Scanning or photographing. You are solely responsible for scanning or photographing deposit items, accessing the Service from the App or from LAPFCU PATROL Home Banking and for maintaining your own imaging equipment. Not all imaging equipment will produce a useable image. You will be responsible for the payment of all telecommunications expenses associated with the Service. LAPFCU shall not be responsible for providing or servicing any equipment for you.
20. Periodic Statement. Any remote deposits made through the Service will be reflected on your monthly periodic statement. (Deposits will be identified as Deposit Shared Branch, and either MY-Deposit or GO-Deposit on the statement.) You understand and agree that you are required to notify us of any error relating to images transmitted using the Service by no later than sixty (60) days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
21. Ownership and License. You agree that LAPFCU retains all ownership and proprietary rights in the Service, associated content, technology, and website. Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to LAPFCU's business interest, or (iii) to LAPFCU's actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
22. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR LAPFCU’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
23. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OR ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF LAPFCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
24. Force Majeure. You understand and agree that LAPFCU 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 LAPFCU's reasonable control.
25. Accountholder’s Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Service and each image of an original check you transmit to LAPFCU using the Service:
· You will only transmit eligible items.
· Images will meet the image quality standards.
· You will comply with this Agreement and all applicable rules, laws and regulations.
· Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
· The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
· Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice.
· Other than the digital image of an original check that you remotely deposit through the Service, there are no other duplicate images of the original check.
· Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
· You have not knowingly failed to communicate any material information to us.
· You will retain possession of each original check deposited using the Service for the required retention period and neither you nor any other party will submit the original check for payment.
· You will not use the Service and/or your accounts for any illegal activity or transactions.
· Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
26. Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Service and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.
27. Termination of the Service. You may, by written request, terminate the Service provided for in this Agreement. We may terminate your use of the Service at any time. In the event of termination of the Service, you will remain liable for all transactions performed on your account.
28. Relationship to Other Disclosures. The information in this Agreement applies only to the Service described herein the Remote Deposit Capture User Agreement. Provisions in other disclosures and disclosure documents, as may be revised from time to time, remain in effect for all other aspects of your account.
29. Governing Law. You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of California.
30. Federal Law. You acknowledge and agree that your consent to receive this disclosure electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
31. Confidentiality. You acknowledge and agree that confidential data relating to the Service, marketing strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Agreement. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information. We will not disclose information to third parties about your account(s) or transaction(s) unless:
- It is necessary to complete transfers;
- It is necessary to verify the existence or condition of my account(s) for a third party such as a credit reporting agency or merchant;
- It is needed to comply with a government agency or court order;
- You give us written permission.
32. Electronic Signature. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking the "Accept" button below in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking the "Accept" button, you accept the Agreement, and agree to the terms, conditions and notices contained or referenced therein. When you click the "Accept" button, you also consent to have the Agreement and any subsequent changes-in-terms provided to you in electronic form. You have the right to receive the Agreement in non-electronic form.
33. No waiver. The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by a Credit Union officer. No delay or omission on the part of the Credit Union in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
34. Other Terms. You may not assign this Agreement. This Agreement is entered into in Los Angeles, California, and shall be governed by the laws of the State of California and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
35. In Case of Errors. You agree to notify LAPFCU of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable LAPFCU account statement is made available to you. Unless you notify LAPFCU within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against LAPFCU for such alleged error.
36. Authorization Consent. By agreeing to the terms and conditions of this consent, you represent that you are authorized to enter into this consent for all persons who own or are authorized to access any of your accounts, and that such persons will be bound by the terms of this consent.
37. Entire Agreement. Your electronic consent of this Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.
38. Right to Receive Paper Communications. You acknowledge receipt of an electronic copy of this Disclosure and Agreement. We recommend that you print and retain a copy of this Disclosure and Agreement for your records. You may obtain a paper copy of this Disclosure and Agreement by contacting the Credit Union at (877) 695-2732 or by writing to LAPFCU at P. O. Box 10188, Van Nuys, CA 91410. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT.
Check (as defined in Regulation CC) a negotiable demand draft that is drawn on:
· Or payable through or at an office of a bank or credit union;
· A Federal Reserve Bank or a Federal Home Loan bank;
· The Treasury of the United States;
· A state or local government that is not payable through or at a bank or credit union
· A United States Postal Service money order;
· A Traveler’s check drawn on or payable through or at a bank or credit union
· An original check.
Item (as defined in Article 4 of the California Commercial Code) means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment for ACH or wire transfers.
Remotely Created Check (as defined in Regulation CC) A check that is not created by the paying bank and does not bear a signature by the person on whose account the check is drawn, but is authorized by the account owner.
Substitute Check (as defined in Regulation CC) is a check reproduction of an original check that:
· Contains an image of the front and back of the original check;
· Bears a MICR line that contains all the information appearing on the MICR line of the original check at the time the original check was issued and any additional information that was encoded on the original check’s MICR line before an image of the original check was captured.
· Conforms in paper stock, dimension, and otherwise with ANSI X9.100-140 and
· Is suitable for automated processing in the same manner as the original check.
INSTRUCTIONS FOR MY-DEPOSIT AND GO-DEPOSIT MOBILE SERVICE
Hardware and Software Requirements
In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by LAPFCU from time to time. Refer to our PATROL Online Banking Agreement and Disclosure for current hardware and software specifications for Online Banking. LAPFCU is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Remote Deposit Capture works with a variety of supported smartphones utilizing the built-in camera for the capture of check images. The Credit Union recommends using the latest operating system available. The most current list of supported devices is as follows:
• (e.g. Android) Smartphones
LAPFCU makes FAQs available on our website to address many commonly asked questions regarding the Service. The FAQs may be updated from time to time to address changes or enhancements to the Service.