Dow Chemical Employees' Credit Union

Terms and Conditions for Online Banking and Mobile Banking

Table of Contents

I. Introduction

This Agreement between you and Dow Chemical Employees’ Credit Union (“DCECU”) governs the use of DCECU’s Online Banking and Mobile Banking services. These services permit DCECU members to perform a number of banking functions on Accounts linked to the Service through the use of a personal computer or mobile device. This Agreement, along with DCECU’s Account Agreement and Disclosures (“Account Agreement”) and Privacy Notice and Disclosure (“Privacy Policy”) (collectively, the “Agreement”), explains the terms and conditions governing your Accounts and DCECU’s Online Banking and Mobile Banking services. Please read this Agreement carefully and note that different provisions will apply based on whether you are using DCECU’s Online Banking and Mobile Banking services to access Accounts. By enrolling electronically and by using Online Banking and Mobile Banking, you agree to be bound by the terms and conditions of this Agreement. This Agreement also contains important information regarding what you should do if you believe that an unauthorized person has gained access to your Accounts or an error has occurred. Keep this Agreement for future reference. When you use the Service as described in this Agreement, or authorize others to use the Service, you agree to the terms and conditions of this Agreement that apply to you.

To use Online Banking you must:

You may, depending on your selections within Online Banking and Mobile Banking:

II. Definitions

Throughout this Agreement, the following terms will have the meanings set forth below:

Account” means your DCECU checking and all savings accounts, of which you are an owner.

Biller” is the eBill Payee that you wish payment to be directed through Bill Pay after electronic bill delivery.

Bill Pay” means DCECU Bill Pay service which allows you to perform payments to third parties from your Primary Checking Account.

Bill Payment” means a payment to a Payee generated through Bill Pay.

Business Day” means Monday through Friday, excluding Saturday, Sunday and banking holidays.

Carriers” (also referred to as “Mobile Service Providers”) are the proprietary network infrastructures belonging to telecommunications service providers.

Consumer” means the owner of a personal account.

Consumer Account” means all Accounts at DCECU, except: trust; Health Savings Accounts (HSAs); and Education Savings Accounts (ESAs).

Deliver By Date” (also referred to as “Payment Date”) is the day you would like your Payee to receive your Bill Payment. A “Deliver By Date” that falls on a non-Business Day will be modified to be scheduled for the previous Business Day. This is not a guaranteed payment date.

Due Date” is the date reflected on your Payee statement for which the payment is due and does not include any grace period.

Eligible Accounts” are those types of DCECU accounts which may be accessed for the Service. Eligibility is based on account type, access service and your account relationship and may change from time to time.

Mobile Banking” means DCECU’s Mobile Banking Service which allows you to access Account information, conduct transactions, pay bills, and perform other transactions on Eligible Accounts through a mobile device. Mobile Banking includes Mobile Check Deposit.

Notices” means all disclosures considered “notices” by DCECU. These include, but are not limited to, Courtesy Pay notices, collection notices, and CD prematurity notices.

Online Banking” means DCECU’s online banking service which allows you to access Account information, conduct transactions, pay bills, and perform other transactions on Eligible Accounts online. Online Banking includes Bill Pay.

Password” means the confidential password, biometric authentication, or other confidential code selected by you or assigned to you by DCECU for identification purposes in connection with the use of the Service.

Payee” is the individual, company, bank or credit union that you wish payment to be directed through Bill Pay. It can be a business, merchant, professional, individual, family member, or friend, located within the United States or its territories.

Periodic Statement” means all disclosures that are required or may be provided in connection with your Account. This includes, but is not limited to, changes in terms to your Account Agreement and Disclosures, this Agreement, and any error resolution notices and Periodic Statements required under the Electronic Fund Transfer Act.

Preauthorized Transfer” means a Bill Payment, preauthorized transfer, or other transfer scheduled in advance to recur at substantially regular intervals without further instruction from the member.

Process Date” is the day on which your Account will be debited for Bill Pay transactions based on the Deliver By Date.

Primary Checking Account” means the checking account under your main membership account. For example, the membership account listed under your social security number.

Scheduled Payment” is a payment that has been scheduled through Bill Pay that has not begun processing.

Service” means collectively Online Banking and Mobile Banking.

Software” means software provided by DCECU as part of the Service in combination with your mobile device’s Internet access, applications, and/or text messaging capabilities.

Tax Statements” means all disclosures required to be provided by the Internal Revenue Service. This includes, but is not limited to, 1099-MISC and 1099-INT.

Transaction” means any electronic banking transaction, including a deposit, withdrawal or bill payment initiated electronically.

Transfer” means any banking transaction, including deposits or withdrawals, that is initiated through an electronic terminal, telephone, computer, electronic check conversion, or magnetic tape for the purpose of ordering, instructing, or authorizing a debit or credit to your Account.

Transfer Instruction” is the information provided by you to the Service for a transfer to be made (such as, but not limited to, account number and Deliver By Date).

Username” means the code selected by you or assigned by DCECU to you or the person you designate as authorized for identification purposes in connection with the use of Services.

You,” “your” and “yours” refer to each member who has enrolled in DCECU’s Services.

III. Accessing Your Eligible Accounts

You can access your Eligible Accounts through the Service. Eligibility is based on Account type and your member to Account relationship. By enrolling in the Service, you will be given viewing capability on all DCECU Accounts of which you are an owner (including joint Accounts) and which are considered Eligible Accounts. However, only one Username will be issued per Eligible Account on which to conduct transactions from the Account.

IV. Terms and Conditions

Fees. You will be subject to all fees as disclosed in our Account Fee Schedule. You agree to pay promptly all fees and charges for the Service and authorize us to charge the Account designated by you for the transaction or, if there are insufficient funds in that Account, any other Account of which you are an owner for the fees. You agree to be responsible for mobile device charges (messaging, data rates, etc.) to the extent that any may be incurred through use of our Services.

Use of Secure Messages. Sending a secure message through the Service is a way to communicate with DCECU. However, there may be times when you need to speak with someone immediately (especially to report a lost or stolen Password, or to stop a payment.) In these cases, do not use Messages. Members must call us at 989.835.7794 or 800.835.7794 or stop in to DCECU. Also, it is important to remember that you should not use Messages (including Live Chat) through the Service to conduct transactions. See Section IX below on Messages for more information.

No DCECU employee or agent will contact you via an unsolicited email or phone call requesting your Username/Password or any Account information. If you are contacted by anyone requesting this information, please contact DCECU immediately at 989.835.7794 or 800.835.7794.

Addition of New Services. DCECU may, from time to time, introduce new services for the Service. DCECU may notify you of the existence of these new services when they become available and, if you choose to make use of any new service, you agree to be bound by any terms and conditions regarding the new services that DCECU provides to you.

Use. The Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Service before you actually do so, and you use the Service in accordance with this Agreement and any instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your mobile device and the Software. In the event DCECU changes or upgrades the Service or Software, you are responsible for making sure that you upgrade the Software and understand how to use the changed or upgraded Software. DCECU will not be liable to you for any losses caused by your failure to properly use the Service. Further, you agree to exercise caution when using the Service and to use good judgment and discretion when transmitting information.

Account Ownership. You represent and agree that you are the legal owner of the Accounts and other financial information that may be accessed via the Service. You represent and agree that all information you provide to us in connection with the Service is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using the Service. You agree to not misrepresent your identity or your Account information.

Password and Security. You agree not to give or make available your Password or other means to access your Account(s) to any unauthorized individuals. You understand that personal identification information by itself, or together with information related to your Account, may allow unauthorized access. Your Username, Password, biometric authentication, security questions and challenge phrases are intended to provide security against unauthorized entry and access to your Accounts. The security phrase and picture are known only by you, and provide reassurance that you entered the correct Username and are visiting the genuine DCECU Online Banking website. DCECU will require you change your Password on a periodic basis. You are responsible for all Transfer Instructions you authorize using the Service. If you permit other persons to use the Service or your Password or other means to access your Account, you are responsible for any transactions they authorize. These transactions are deemed Transfer Instructions that you authorize. If you believe that your Password or other means to access your Account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by contacting us at 989.835.7794 or 800.835.7794 or by stopping in to DCECU. You agree that these procedures represent reasonable security procedures for the Service.

Cancellation and Reinstatement of the Services. You may discontinue use of any Service at any time by calling us at 989.835.7794 or 800.835.7794, stopping in to DCECU or sending us cancellation instructions in writing to

Dow Chemical Employees’ Credit Union
P.O. Box 1649
Midland, MI 48641-1649

In order to reinstate the Service, you must re-register online.

Any Bill Payment(s) already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments after the requested cancellation date, including some Preauthorized Transfers, will not be processed once the Service is cancelled. DCECU may terminate or suspend the Service to you at any time and for any reason. DCECU may terminate the Service to you if you engage in unauthorized transactions or gain unauthorized access to information concerning another individual or if unauthorized transactions occur on your Account. DCECU also reserves the right to suspend access to or terminate the Service in the event it is inactive for a period of at least 200 days. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Transfers and Payments. DCECU may, from time to time, limit the number of, the type, and the dollar amounts of any checks, drafts, withdrawals, or transfers made by use of the Service, notwithstanding the amount in your Accounts. Limits, on the number or amount, of transactions that may be performed on your DCECU Accounts are described in the applicable Account Agreement for such accounts. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold is removed. DCECU may, at its discretion, allow your transfers to be paid and create an overdraft on the Account. You agree to immediately reimburse us for the amount of the overdraft, and to pay any overdraft charges that may apply to your Account, as set forth in your Account Agreement and Disclosures.

You authorize DCECU to withdraw, debit, or charge the necessary funds from your designated DCECU Account on the date on which you schedule any payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Account(s) at the time of the withdrawal. It may be necessary that collected funds be in your Account no later than the Business Day before your Process Date and/or Deliver By Date due to the electronic processing of payments.

Communications from DCECU. DCECU will only send information concerning the Service via “Messages” within Online Banking, via regular mail to the street address you have on file with DCECU as your primary address, or to the email address you have entered into Online Banking. This is done to help ensure the confidentiality of your Service relationship.

Recording of Information and Disclosure to Third Parties. The information you enter through the Service, including email transmissions, may be maintained by DCECU in an electronic format.

Alterations, Amendments and Termination. This Agreement may be changed, altered, or amended by DCECU at any time without your consent. In such event, DCECU shall provide notice to you electronically in accordance with applicable law. The alterations, amendments and/or changes will be delivered to the Documents section of Online Banking. As noted in the DCECU eSign Disclosure and Agreement, if you opt-out of receiving alterations, amendments, and/or changes electronically, you will no longer be eligible for the Service. Any use of the Service after the effective date of any change in terms will constitute your consent to such change(s). Further, DCECU may, from time to time, revise or update the applications, services, and/or related material.

DCECU reserves the right to terminate the Service and this Agreement at any time with or without notice. DCECU may terminate this Agreement without notice immediately if you misuse the Service or DCECU believes you have violated any term or condition of this Agreement.

Address or Banking Changes. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and email addresses. Changes can be made within Online Banking, by stopping in to DCECU or by contacting us at 989.835.7794 or 800.835.7794. DCECU is not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information.

Disputes. In the event of a dispute regarding the Service, you and DCECU agree to resolve the dispute by looking to this Agreement. You agree that this Agreement and your Account Agreement are the complete and exclusive statement of the agreement between you and DCECU which supersedes any proposal or prior agreement, oral or written, and any other communications between you and DCECU relating to the subject matter of this Agreement. If there is a conflict between what an employee of DCECU says and the terms of this Agreement, the terms of this Agreement shall prevail.

Assignment. Neither party may assign this Agreement.

No Waiver. DCECU shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by DCECU. No delay or omission on the part of DCECU 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.

Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Michigan.

LIABILITY. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL DCECU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR ONLINE BANKING AND/OR MOBILE BANKING. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT DCECU’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO SYSTEM, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. YOU ALSO AGREE TO INDEMNIFY AND HOLD DCECU HARMLESS (INCLUDING THE PAYMENTS OF REASONABLE ATTORNEY’S AND PARALEGAL FEES AND OTHER COSTS) AGAINST ALL LIABILITY TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE TERMS, CONDITIONS OR SERVICES PROVIDED UNDER THE AGREEMENT OR OTHERWISE PURSUANT TO YOUR INSTRUCTIONS.

EXCLUSIONS OF WARRANTIES. THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Power of Attorney. If you grant a power of attorney to someone (an “attorney-in-fact”) in connection with an Account, the following conditions apply: (1) DCECU may refuse to allow the attorney-in-fact to enroll in Online Banking and/or Mobile Banking on your behalf; (2) DCECU may refuse to allow the attorney-in-fact to add his or her name to any Service; (3) you may give an attorney-in-fact access to the Service by providing him or her with the Username, Password and any other required authentication information needed to access the Service (note: DCECU will not provide that information under any circumstances); and (4) if the power of attorney is revoked, you agree to change the Password or any other required authentication information immediately so that the former attorney-in-fact can no longer access the Service.

Disclosure of Account Information to Third Parties. DCECU’s Privacy Notice & Disclosure explains how DCECU collects and protects personal information and how and why in certain limited cases DCECU may share such information.

Restrictions on Use. You agree not to use the Service and/or Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and the Service and/or Software will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations. Without limiting the foregoing, you agree that you will not use the Service and/or Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any mobile service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by DCECU (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of DCECU or any third-party service provider involved in the provision of the Service; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any mobile service provider or copies or parodies the products or services of any mobile service provider; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us, any third-party service provider involved in providing the Service, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of a service provider or any third party. You agree that you will not attempt to: (i) access the Service or any Software for which your use has not been authorized; (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner with the provision of the Service or Software, the security of the Service or Software, or other customers of the Service or Software, or otherwise abuse the Service or Software.

MEMBER’S LIABILITY FOR UNAUTHORIZED TRANSFERS – CONSUMER ACCOUNTS (Regulation E Disclosure) Tell DCECU AT ONCE if you believe your Password has been lost or stolen, or if you believe that an electronic fund transfer has been or will be made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account (plus your maximum overdraft/line-of-credit/Courtesy Pay limit). If you tell DCECU within 2 Business Days after you learn of the loss or theft of your Password, you can lose no more than $50 if someone used your Password without your permission.

If you do NOT tell DCECU within 2 Business Days after you learn of the loss or theft of your Password and DCECU can prove it could have stopped someone from using your Password without your permission if you had told DCECU, you could lose as much as $500.

Also, if your Periodic Statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell DCECU within 60 days after the statement was mailed/made available to you, you may not get back any money you lost after the 60 days if DCECU can prove that it could have stopped someone from taking the money if you had told DCECU in time. If a good reason (such as a long trip or a hospital stay) keeps you from telling DCECU, it will extend the time periods.

Contact in Event of Unauthorized Transfer. If you believe that your Password has been lost or stolen, call 989.835.7794 or 800.835.7794; stop in to DCECU; or write:

Dow Chemical Employees’ Credit Union
P.O. Box 1649
Midland, MI 48641-1649

You should also call the number or write to the address listed above if you believe a transaction has been made without your permission.

Limitations on Use. Any number of transactions may be affected through your use of the Service. You may use the Service to:

  1. Transfer funds between your Accounts.
  2. Take advances on loan accounts to your Accounts.
  3. Make loan payments from your Accounts.

Some of these services may not be available through both Online Banking and Mobile Banking.

Limitations on Frequency of Transfers. The following limitations apply:

  1. You may make an unlimited amount of transactions through the Service;
  2. You may not make more than six (6) withdrawals from your Premium High Yield account(s) by means of Preauthorized Transfer or automatic transfer in any calendar month;
  3. Through Bill Pay, there is a minimum transaction limitation of $1.00 and a maximum transaction limitation of $25,000;
  4. Mobile Check Deposits shall not exceed $15,000 in any one (1) calendar Day and $50,000 in any one (1) calendar month; and
  5. You are limited to a total daily transfer of $2,500 per calendar day when transferring funds from your Accounts to another member of DCECU.

Service Charges. There is currently no fee charged by DCECU for using the Service. However, separate fees may be charged for certain services offered through the Service as outlined in the Fee Schedule in the Account Agreement and/or fees charged by your mobile service provider.

Confidentiality. DCECU may disclose information about your Eligible Accounts, or the transfers, transactions, or payments you perform to third parties and you hereby authorize those third parties to disclose similar information to DCECU:

  1. Where it is necessary for completing transfers or transactions;
  2. In order to verify the existence and condition of your Account for a third party such as, for example, a credit bureau, a merchant or another financial institution;
  3. Where required by a federal, state, or local law or regulation to do so;
  4. In response to a subpoena or if ordered by a court to do so;
  5. In the investigation or prosecution of alleged fraudulent activity concerning your Accounts;
  6. If you give DCECU your permission; or
  7. As may be otherwise authorized in other agreements with DCECU and as set forth in DCECU’s Privacy Policy.

Documentation. You will receive an acknowledgment at the time you make any transfer to or from your Accounts using the Service. In addition, you will get a monthly Periodic Statement unless there are no transactions in a particular month. In any case, you will get a statement at least quarterly. See Section VII for more information.

Preauthorized and Stop Payment Information. Information regarding stop payments can be found in Section VI. DCECU will charge you $20.00 for each stop-payment order you give.

Errors. In case of errors or questions about electronic funds transfers from your Accounts or if you need more information about a transfer on your Periodic Statement or transaction acknowledgement, telephone DCECU at 989.835.7794 or 800.835.7794, stop in to DCECU or write to DCECU, PO Box 1649, Midland, Michigan 48641-1649 as soon as you can. DCECU must hear from you no later than 60 days after it sent the FIRST statement on which the problem or error appeared.

  1. Tell DCECU your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell DCECU the dollar amount of the suspected error.

If you contact DCECU, we may require that you send your complaint or question in writing within 10 Business Days.

DCECU will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If DCECU needs more time, however, we may take up to 45 days to investigate your complaint or question. If DCECU decides to do this, we will credit your Account within 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 DCECU to complete our investigation. (If the error you assert is an unauthorized Visa® Check Card transaction, other than a cash disbursement at an ATM, DCECU will credit your Account within five Business Days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within 10 Business Days.) If DCECU asks you to put your complaint or question in writing and we do not receive the complaint in writing within 10 Business Days, DCECU may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, DCECU may take up to 90 days to investigate your complaint or question. For new accounts, DCECU may take up to 20 Business Days to credit your account for the amount you think is in error.

DCECU will tell you the results within three Business Days after completing our investigation. If DCECU decides that there was no error, we will send you a written explanation. You may ask for copies of the documents that DCECU used in our investigation.

Liability of DCECU. If DCECU does not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you or in accordance with your Transfer Instructions, we will be liable for your losses or damages. However, there are some exceptions. DCECU shall incur no liability, including no liability under the Remedy provision of Section X, if DCECU is unable to complete the payment in a timely manner because: 1) your Account does not contain sufficient funds to complete the transaction; 2) the transaction exceeds the limit of your overdraft protection options; 3) the payment processing center for the Service is not working properly and you knew or were advised about the problem before completing the transaction; 4) you do not provide DCECU with correct Payee Account information, or the correct name, address, phone number, or account information for the Payee, or if a Payee does not process a payment correctly, or in a timely manner; 5) circumstances beyond DCECU’s control (such as, but not limited to, telecommunication failure, fire, flood, or interference from an outside force) prevent or delay the transaction; 6) DCECU has reason to believe the transaction is unauthorized by you; and/or 7) there may be other exceptions stated in our agreement(s) with you.

Regulatory Authority. If you feel DCECU has violated Michigan law with respect to the use of electronic fund transfers, you may contact the following regulatory authority:

Department of Insurance and Financial Services
Consumer Services
P.O. Box 30220
Lansing, MI 48909-7720

Additional Liability Provisions for Non-Consumer Accounts. DCECU shall only be liable for its own negligence or misconduct and shall not be responsible for any loss or damage arising from or in connection with (a) any inaccuracy, act or failure to act on the part of any person not within its reasonable control or (b) any error, failure or delay in execution of any transfer resulting from circumstances beyond its reasonable control including, but not limited to, any inoperability of communication facilities, system delays in effecting account postings, or other operational delays. You agree to promptly examine all Periodic Statements of Eligible Accounts affected by transfers and any confirmations of transfers that DCECU or other financial institutions may send or make available to you, and to promptly notify DCECU of any discrepancy within thirty (30) days of receipt of any Periodic Statement or confirmation. DCECU shall not be liable for any loss or damage arising from or in connection with any transfer reflected on such Periodic Statement or confirmation.

In no event shall DCECU be liable for any consequential, incidental, special or indirect losses, damages (including dishonor of checks or other items), or expenses (including attorneys’ fees) which you incur or suffer by reason of this Agreement or the Service provided hereunder, whether or not the likelihood of such losses or damages was known by us.

Financial Data. DCECU will transmit all the financial data under its control required to utilize the Services selected by you and to act on appropriate instructions received from you in connection with the Services. DCECU shall exercise due care in seeking both to preserve the confidentiality of the Username, Password, or other code or identifier and to prevent the use of the Services by unauthorized persons (and in this connection it is understood and agreed that implementation by DCECU of its normal procedures for maintaining the confidentiality of information relating to you, and where practicable the obtaining by DCECU from any third parties engaged in the installation, maintenance and operation of the system of similar undertakings,) shall constitute fulfillment of its obligation to exercise due care.

V. Account to Account Transfers

You may use the Service to direct DCECU to transfer funds between your Accounts. You may also use the Service to direct DCECU to transfer funds from your Accounts to another member of DCECU. DCECU may not process a transfer request if your Account (including any available overdraft account or line-of-credit) does not contain sufficient funds for the transfer.

DCECU will process all account to account funds transfer instructions received by 11:50pm EST on that calendar day (“Cutoff Time”). If the funds transfer instruction is received after the Cutoff Time, it will be processed on the next calendar day. If DCECU permits Preauthorized Transfers from your Account, you can instruct us to make recurring transfers to the same Account or to another one of your Accounts. Once a transfer to another member’s account is processed, it may not be reversed.

You may also use this feature to make an advance from a line-of-credit of which you are a borrower and have been given access credentials through DCECU. If you request an advance from your line-of-credit, it will be deposited into an Account that you designate in the request process. You understand that if you have given your Username and Password to another person, and you have a line-of-credit, he/she will have access to any available credit on your line-of-credit. You are liable for any advance requested, regardless of whether specifically authorized by you.

VI. Check Services

Check Stop-Payment. For a check or item that you issue that is not a Preauthorized Transfer and is not made electronically, you may initiate stop payment requests through Online Banking or through any other method authorized in the Account Agreement. You must follow the procedures for editing or stopping payments for checks and Preauthorized Transfers issued through Bill Pay contained within the Bill Pay platform and as discussed in Section X. For Preauthorized Transfers not issued through Bill Pay, you must follow the procedures set forth in the Account Agreement. You must provide DCECU a reasonable opportunity and information sufficient to identify the check or item, as determined by DCECU, to place the stop payment on the check or item. DCECU’s ability to stop payment under this paragraph will depend on whether the check or item has cleared. DCECU makes its best effort to process stop payment requests for checks or items under this paragraph and made through Online Banking immediately. If a check or item has been accepted for payment, but has not posted, DCECU cannot place the stop payment and the request is ineffective. Although DCECU makes every attempt to stop payment, neither DCECU nor any third party service provider will have liability for failing to do so. You will be notified if this occurs.

Check Reorders. Online Banking can be used to reorder personal checks through DCECU’s vendor. You understand that you will be transferred to a third party site. However, your information will need to be updated in Online Banking before you can order personal checks through the vendor site. Any costs for the check order will automatically be deducted from your Primary Checking Account.

VII. Electronic Documents

You have the option of receiving electronic Periodic Statements, Notices, and Tax Statements through Online Banking and Mobile Banking. By selecting the box indicating electronic delivery in the Documents tab, you give your consent to receive the type of disclosure selected in electronic form only. For example, if you select to receive Periodic Statements, Notices, and Tax Statements electronically, you will receive each of these types of disclosures in electronic format and WILL NO LONGER RECEIVE SELECTED TYPES OF DOCUMENTS IN PAPER FORM. You may elect to receive only certain types of documents in electronic format by selecting the appropriate option. You will receive an email notifying you of the availability of Periodic Statements.

You understand that DCECU will discontinue mailing printed Periodic Statements, Notices, and Tax Statements to you if you select electronic receipt. Regardless of email notice of availability, all future Periodic Statements, Notices, and Tax Statements will be available and maintained in the “Documents” section of Online Banking for you to access, review, print, and copy/download for up to eighteen (18) months.

Joint Accounts. If your Account is jointly owned with another person, the owner that has the Username/Password to Online Banking and Mobile Banking can consent to receiving any and all Periodic Statements, Notices, and Tax Statements electronically, and the election shall apply to all joint owners. If DCECU sends you an email notifying you of the availability of Periodic Statements, Notices, and/or Tax Statements, it will only be sent to the email address you have registered in the Online Banking system.

Review. Your Periodic Statements, Notices and Tax Statements are dated and you must promptly access and review your Periodic Statement, Notices, and Tax Statements within the applicable time period specified in this Agreement, law, or other written or electronic agreement between you and DCECU, whichever is applicable, for any error, unauthorized transaction, or other irregularity. Any applicable time periods will begin on the date of the Document regardless of when you receive/view/open the Periodic Statement, Notice and/or Tax Statement.

Additional Paper Copies. You may request paper copies of any electronically received Periodic Statement, Notice, or Tax Statement by stopping in or contacting DCECU at 989.835.7794 or 800.835.7794. Additional fees may apply to receive paper copies.

VIII. Alerts

DCECU’s Alerts (including Bill Pay e-Notifications) allow you to receive notifications of certain transactions that occur on your Account(s) directly to your email inbox or text messaged to your mobile device. You choose when to be notified and what information you want in the email or text message.

By setting up Alerts, you hereby acknowledge and accept that Alerts are sent to you without being encrypted and may include your name and information pertaining to your Account(s). You authorize DCECU to deliver information to the email address and/or mobile device number you provide to us, even though a person, not an owner, may access the message (such as someone who can open your emails or access your mobile device). You may elect to receive an Alert(s) through an email account that is accessed via a personal computer connection or by a text-enabled phone (email converted to text) or other mobile device. DCECU’s Alerts may be affected by the terms and conditions of your agreement(s) with your mobile service provider and/or Internet service provider. It is your responsibility to determine if your mobile service provider supports text messaging and your mobile device is capable of receiving text messages. You are responsible for any fees imposed due to your use of Alerts by your mobile device or Internet service provider. If you have directed DCECU to communicate with you via mobile device, you consent to receiving Alerts on such mobile device and you acknowledge that you may incur and be responsible for a charge or charges from your mobile service provider for the communication of the alert.

Further, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile service provider(s) and other factors outside its control. DCECU neither guarantees the delivery or the accuracy of the contents of Alerts. You agree to not hold liable DCECU, its directors, officers, employees and agents for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from: 1) non-delivery, delayed delivery, or the misdirected delivery of Alerts; 2) inaccurate or incomplete content in Alerts; or 3) your reliance on or use of the information provided in an Alert for any purpose.

DCECU provides Alerts as a convenience to you for information purposes only. Alerts do not constitute a “bank record” for the Account to which it pertains. DCECU reserves the right to terminate Alerts at any time without prior notice to you. DCECU may add new Alerts from time to time, or eliminate existing Alerts. If you have opted to receive an Alert that is to be eliminated, DCECU will notify you of the cancellation of an Alert or other discontinuance of service.

IX. Messages

Messages are a secure method to send and receive messages to and from DCECU through the Service. DCECU does not recommend requesting funds transfers, instructing a bill payment, or requesting Account balances through Messages. DCECU makes every effort to respond to Account inquiries once DCECU has actually received your message and by the close of the next Business Day. However, if your matter needs immediate attention, is complicated or requires personal attention, do not use Messages; instead contact DCECU either by calling 989.835.7794 or 800.835.7794, using secure “Live Chat” at www.dcecu.org/contact.html or stopping in during normal business hours. DCECU reserves the right to deny certain requests or require alternative channels or communication methods to complete certain requests or transactions.

X. Bill Pay

By enrolling in Online Banking, you will automatically be enrolled in Bill Pay. You will need to take additional steps to activate Bill Pay within Online Banking.

Payee Information. Through Bill Pay, you can pay Payees from your Primary Checking Account. You are responsible for ensuring that you provide DCECU with correct Payee information. If payment is to be made to an individual Payee (e.g., John Smith or Jane Doe) of which you are not making payment pursuant to a billing arrangement, a check will be mailed, unless you select “add a person” and not “add a bill.” In this instance, an activation email will be sent to the individual Payee with a link that he or she must follow to input routing and account information into the secure Bill Pay system. In order to complete this process, he/she must input a keyword that you select and provide to them securely outside of the Bill Pay system. Payment will not be made until the individual Payee follows the instructions within that email.

Scheduling. The earliest possible payment date for each Payee will be provided in the Bill Pay system at the time you are scheduling a payment, and, therefore, you may not schedule a payment before that date. When making a Scheduled Payment, the Deliver By Date options available to you will typically be four or fewer Business Days from the date you are scheduling the payment. When scheduling payments, you must select a Deliver By Date that is no later than the Due Date, unless the Due Date falls on a non-Business Day. In this instance, you must schedule your payment before the actual Due Date.

Remedy. Due to circumstances beyond DCECU’s control, particularly postal delays and delays in handling payments by Payees or financial institutions, some standard Bill Pay transactions may take longer to be credited to your Account with certain Payees. There is no remedy provided by DCECU in these instances.

If you select “Rush” and pay any additional fees associated with “Rush” delivery, and a delay in processing caused by DCECU or its vendor results in a late fee, DCECU or its vendor will cover up to $50 of those fees. This guarantee does not cover losses which you cause, or payment processing delays which are not caused by DCECU or its vendor or are outside DCECU’s or its vendor’s control, such as your failure to schedule the Deliver By Date of your “Rush” payment sufficiently in advance of the Payee’s Due Date or subsequent posting of the payment is delayed by the Payee. You will need to document to DCECU or its vendor any late fees that you incur as a result of your “Rush” payment being delivered after the Deliver By Date.

You agree not to enter any agreements where one of the purposes is to generate late payment fees. The risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you in the event you do not follow the procedures.

Payment Authorization. You authorize us to follow Transfer Instructions received from you through Bill Pay. In order to process payments more efficiently and effectively, DCECU may edit or alter payment data or data formats in accordance with Payee directives. When DCECU receives a Transfer Instruction, you authorize us to charge your Account and remit funds on your behalf so that the funds arrive on or close to the Deliver By Date that you designate. However, for gift checks, donations, and some “Rush” payments that are issued by check, your Account will not be debited on the Process Date. Rather, your Account will be debited on the date when the check is actually presented to DCECU for payment. You also authorize DCECU to credit your Account for payments returned to us by the United States Postal Service or a Payee, or payments remitted to you on behalf of another authorized user of Bill Pay.

Payment Methods. DCECU will choose the method by which payments are sent to Payees (i.e., electronically, by check, or otherwise).

Payment Cancellation Requests. You may cancel or edit any Scheduled Payment by following the directions contained within Bill Pay. There is no charge for canceling or editing a payment. However, once DCECU has begun processing a payment, DCECU may be unable to stop payment or edit the transaction. You can determine if a payment can be stopped through clicking the item in Bill Pay and following the instructions for stopping payment. For gift checks, donations, and some “Rush” payments which payment is made by check, in addition to the cancel or edit feature in Bill Pay, you may also request a stop payment in accordance with Section VI as if the gift check, donation or “Rush” payment was not made electronically.

Returned Payments. You understand, that Payees and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to: 1) Payee’s forwarding address has expired; 2) Payee’s account number is not valid; 3) Payee is unable to locate account; 4) or Payee’s Account is paid in full. DCECU will use reasonable efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Account. You may receive notification from us, but none is required.

Transfers. Within Bill Pay you can make transfers to a checking or savings account in which you are an owner at another financial institution by entering the routing and account information of that account. You must be an owner of the account at the recipient financial institution to use this service within Bill Pay.

Secondary Account Holder. Through Bill Pay, you can authorize a joint account holder to receive information about your Bill Pay account through DCECU’s Bill Pay vendor. By adding a joint account holder, you are authorizing the Bill Pay vendor to release information regarding transactions to the individual designated as a “Secondary Account Holder.”

Prohibited Payments. DCECU recommends that you do not make tax payments or court-ordered payments through Bill Pay. You may not use Bill Pay to make payments of less than $1.00 or over $25,000, those payable to Payees outside the United States or its territories or payments in connection with gambling debts.

Mobile Banking. You may access Bill Pay through Mobile Banking described in Section XII. As noted in Section XII, not all functionality is available. However, you are subject to the terms and conditions of this Section X, when you use Bill Pay through Mobile Banking.

Donations. When charitable donations are made using the Service, DCECU makes no representations regarding the tax-deductibility of any donation. It is up to you to ensure the tax exempt status of the organization to which you are making the donation. Be sure to consult your tax advisor to determine if your donation is tax-deductible.

XI. Electronic Bill (“eBill”) Delivery

If you subscribe to Bill Pay, you can arrange to receive certain bills electronically from Billers.

Information Provided to the Biller. DCECU will not update or change your personal information (e.g., your name, mail or email address, or phone number) with electronic Billers. You will need to contact Billers directly to update their records for you. Additionally, it is your responsibility to maintain all user IDs, passwords, and other authentication information for all electronic Biller websites. You agree that DCECU may provide Billers with your email address, mailing address, and other information specifically requested by the Biller to facilitate Bill Pay.

Activation. Upon activation of the eBill feature, DCECU may notify the Biller of your request to receive bills electronically. The presentment of your first eBill may vary from Biller to Biller and may take up to 60 days, depending on the billing cycle of each Biller. Whether you also receive a paper copy of your bills is at the sole discretion of the Biller. While your eBill feature is being activated, it is your responsibility to keep your accounts with Billers current. Each electronic Biller reserves the right to accept or deny your request to receive eBills.

Authorization to Obtain Billing Information. By activating the eBill feature, you authorize DCECU to obtain billing information from Billers on your behalf. For some Billers, you will be asked to provide DCECU with your user name, password, and/or other authentication information for the Biller. You authorize DCECU to use that information to obtain your billing information.

Notification. DCECU will use reasonable efforts to present your eBills to you promptly. You may elect to be notified via email or text message when a new eBill is received. The notice will be sent to the email address or mobile device number you designate within the Service. If you do not receive notification of a bill, it is your responsibility to periodically sign in to DCECU Bill Pay and check on the delivery of new eBills, regardless of whether DCECU notifies you of bills awaiting your review. DCECU shall not be responsible for your failure to receive an eBill if you have provided the wrong email address or you have not updated your contact information in the Service. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills whether or not you receive notice from DCECU.

Cancellation of eBill Notification. Electronic Billers reserve the right to cancel the presentment of bills provided electronically at any time. You also may cancel eBill presentment at any time. The time frame for cancellation of your eBill presentment may vary from Biller to Biller. It may take up to 60 days, depending on the billing cycle of each Biller. Although DCECU may notify your electronic Biller(s) regarding the change in status of your account with Biller, it is your sole responsibility to make arrangements for an alternative form of bill delivery. Neither DCECU nor DCECU’s service providers shall be responsible for presenting any eBills that are already in process at the time of cancellation.

Non-Delivery of eBill(s). You are solely responsible for contacting Billers directly if you do not receive their bills electronically. You agree to hold DCECU harmless if a Biller fails to deliver your bills electronically. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and Dispute of eBills. DCECU is not responsible for the completeness or accuracy of your eBill(s). Any discrepancies or disputes regarding the accuracy of your eBill must be addressed with the Biller directly. This Agreement does not alter your liability for obligations between you and your Billers.

XII. Mobile Banking

Mobile Banking is comprised of access to certain information regarding your Account and the ability to conduct certain Account activity through your mobile device’s Internet browser, through a downloadable application. To enroll in Mobile Banking or to use the Software, you must be enrolled in Online Banking. See www.dcecu.org for more information on registering for Mobile Banking. To activate Mobile Banking, you will also need to download the mobile application on Google Play™ or the App Store®.

By participating in Mobile Banking or using the Software, you are agreeing to be bound by the terms in this Section XII. In the event of a conflict between the provisions of this Section XII and any other DCECU agreements or terms and conditions, the terms of this Section XII shall govern with respect to your use of Mobile Banking. However, at the time of activation of Mobile Banking, additional terms may apply. From time to time, DCECU may revise or update Mobile Banking, Software, and/or related material, which may render all such prior versions obsolete.

Not all products, services or functionality described for Online Banking (and discussed in Sections III-XI) and in this Agreement are available through Mobile Banking. Therefore, you may not be eligible to use all products, services, or functionality described when you access or try to access them using a mobile device.

Information available via Mobile Banking, including balance inquiry and transaction, transfers and payment information, may differ from the information that is available directly through the Online Banking without the use of a mobile device. DCECU is not responsible for such differences, whether or not attributable to your use of Mobile Banking.

Compatible Mobile Devices. Mobile Banking is not available through all mobile devices. The selection of a mobile device that will enable you to access Mobile Banking is your sole responsibility and all issues relating to the operation, performance, and costs associated with such device are between you and your mobile service provider.

Fees. Your service provider for your mobile device may impose extra fees in order to make such device data-capable and to exchange data between your mobile device and Mobile Banking. You are responsible for any and all charges imposed by your mobile service provider.

Availability. Mobile Banking and/or Software (including instructions for payment and transfer transactions, through Mobile Banking) may not be available, or may be delayed or impacted, at any time for any reason outside of its reasonable control (such as, but not limited to, telecommunication failure, fire, flood, or interference from an outside force) or that of any service provider. DCECU shall not be liable for any claim, loss or damage arising from or related to Mobile Banking caused by or arising out of any such unavailability or delay or any non-delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Mobile Banking.

Biometric Authentication. Biometric authentication refers to a system that relies on the unique biological characteristics of the user ("biometric identifier") to verify identity for secure access. For your convenience, DCECU may offer biometric authentication as an alternate method to sign in to your Accounts via supported mobile devices. When enabling biometric authentication, we strongly suggest that you secure your mobile device with a passcode. Use of some biometric authentication (e.g. fingerprint authentication) requires that your biometric identifier be stored securely on your mobile device. Please be aware that allowing any other individual to store a biometric identifier on your mobile device may permit them to access your Accounts. DCECU will rely on the apparent authority of any person who signs in to your Accounts using biometric authentication, including such persons who may not be signers on your Accounts. You indemnify DCECU and hold it harmless for any loss or expense caused by any person with the apparent authority to access your Accounts.

XIII. Mobile Check Deposit

Mobile Check Deposit is automatically provided to you when you enroll in Mobile Banking. Mobile Check Deposit allows you to make deposits to your Accounts using compatible and supported mobile devices. You must designate a specific DCECU savings or checking Account as the account to be used for the purposes of settling the financial transaction requested in connection with a Mobile Check Deposit. DCECU shall provide you with details of the specific transactions, reported similarly as other transactions may be done, that were a result of access to Mobile Check Deposit (i.e. Periodic Statements, acknowledgment, etc.)

Funds Availability. Up to the first $200.00 of items deposited through Mobile Check Deposit will be available immediately. The remainder of the funds will be available the next calendar day if no additional holds are involved, subject to DCECU’s funds availability policy. You agree that the scanning and transmitting of checks does not constitute receipt by DCECU. Acknowledgment of receipt or delivery does not constitute an acknowledgment by DCECU that the transmission of a check or items does not contain errors or that funds will be available.

Deposit Acceptance. You agree that DCECU may at any time, in its sole discretion, refuse to accept deposits of checks from you by Mobile Check Deposit. Proper endorsement of the Mobile Check Deposit check includes: 1. your signature and 2. write "For mobile deposit only at DCECU" below your signature. Improperly endorsed checks may be rejected for deposit. In the event that Mobile Check Deposit is interrupted or is otherwise unavailable, you may deposit checks via ATM, in person or at DCECU via night drop, U.S. mail, or other contractually acceptable method.

Responsibility for Imaging and Expenses. You are solely responsible for imaging deposit items, accessing the Service from DCECU, and for maintaining your mobile device. You are responsible for the payment of all telecommunications expenses associated with using Mobile Check Deposit. DCECU shall not be responsible for providing or servicing any mobile device.

Deposit Requirements. You agree that you will only use Mobile Check Deposit to deposit checks drawn on financial institutions within the United States in U.S. dollars. You must deposit all other checks not meeting this description in person or at DCECU via night drop, U.S. Mail, or other contractually acceptable method. Checks deposited must be payable directly to an owner of the account. Third party checks will not be accepted. You agree that each check you submit for deposit through Mobile Check Deposit will meet the image quality standards established in American National Standards Institute’s standard X9.37.

Check Retention & Destruction. You understand and agree that all deposit items belong to you and not to DCECU and that those items shall be handled in accordance with this Agreement. After receipt by DCECU of any transmission by you of imaged items for deposit to your account, DCECU will acknowledge by electronic means its receipt of such electronic transmission. Your electronic transmission is subject to proof and verification. You shall retain the original of all imaged items that have been deposited via Mobile Check Deposit for a reasonable period of time in order to verify settlement and credit or to balance Periodic Statements, but in no case beyond ninety (90) days from the date processed, and shall properly destroy and dispose of such original checks after such time. During the period that you maintain the 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 for purposes of presentment for deposit of these original checks (i.e. after the original checks have already been presented for deposit via Mobile Check Deposit) and (ii) unauthorized use of information derived from the original checks. When you destroy and dispose of the original checks pursuant to the requirements of this Agreement, you understand and agree that you must use a high degree of care when selecting and implementing destruction and disposal procedures. Among other things, these procedures must be designed to ensure that the original checks are not accessed by unauthorized persons during the destruction and disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed (e.g. through the use of competent shredding equipment.)

Financial Responsibility. You are solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds, associated with accessing Mobile Check Deposit. DCECU shall not be liable in any manner for such risk unless DCECU fails to follow the procedures described in this Agreement and in other materials provided to you regarding the use of Mobile Check Deposit. You assume exclusive responsibility for the consequences of any instructions you may give to DCECU, for your failure to access Mobile Check Deposit properly and in a manner prescribed by DCECU, or for your failure to supply accurate input information.

Presentment Prohibitions. You shall not present, or attempt to present, or allow others, either directly or indirectly, to present, or attempt to present, for deposit by any means (i) any Substitute Check (as that term is defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229) that has already been presented for deposit via any deposit service or (ii) any original check, the Substitute Check of which has already been presented for deposit via any deposit service. In the event that you, or any third party, presents, or attempts to present, a deposit in violation of this subsection you agree to defend, indemnify, and hold DCECU 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 DCECU from any other DCECU account (in which you have an ownership interest, regardless of the source, unless prohibited by law) in its sole discretion. You further acknowledge that you, and not DCECU, 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 Mobile Check Deposit or liability arising from DCECU’s printing of any Substitute Check from those images.

Your Representations and Warranties. You represent and warrant: (i) that you will comply with all federal and state laws, and rules and regulations applicable to Mobile Check Deposit transactions, including those of the National Automated Clearing House for ACH transactions; (ii) that all Checks imaged through Mobile Check Deposit are made payable to you; (iii) that all signatures on each check are authentic and authorized; and (iv) 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 DCECU 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 DCECU to charge your account (or any account in which you have an ownership interest, regardless of the source, unless prohibited by law) 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.

Additional Limitations on Use. The maximum aggregate deposit amount shall not exceed $15,000 in any one (1) calendar day and $50,000 in any one (1) calendar month.

Exception Items. When DCECU reviews and processes your electronic file, DCECU may reject any electronic image that it determines to be ineligible for Mobile Check Deposit (“Exception Item”) including, without limitation, electronic images of items drawn on banks located outside the United States, items drawn on U.S. Banks in foreign currency, electronic images that are illegible (due to poor image quality or otherwise), electronic images of items previously processed, electronic images previously converted to Substitute Checks, and electronic images with unreadable MICR information. DCECU will notify you of any Exception Items via email. You agree that if you wish to attempt to deposit any Exception Item to any account with DCECU, you shall only do so by depositing the original item on which the Exception Item is based. You acknowledge and agree that even if DCECU does not initially identify an electronic image as an Exception Item, the Substitute Check created by us may nevertheless be returned to us because the electronic image is deemed illegible by a paying bank.

600 E. Lyon Rd. • P.O. Box 1649
Midland, MI 48641-1649
989.835.7794 • 800.835.7794
Fax: 989.832.9290

Rev. 11/27/2018

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