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Community West Credit Union Mobile Deposit Agreement

This Mobile Deposit Application End User License Agreement (“Agreement”) constitutes a legal agreement between Community West Credit Union, a Credit Union organized and existing under the laws of the State of Michigan , its subsidiaries, affiliates, agents and/or licensors, Cachet Financial Solutions, Inc. organized and existing under the laws of the State of Minnesota (collectively and individually referred as “we” “us” “our”)  and you governing your use on various computing devices, including mobile, tablet, or desktop a Mobile Deposit application (“Application”) for conducting financial transactions provided.

Mobile Deposit General Terms and Conditions Agreement

This agreement establishes the rules that govern the processing of deposited checks through member’s account(s) at the Credit Union using Mobile Deposit. From time to time, the Credit Union may amend any of the terms and conditions contained in this agreement. Such amendments shall become effective as stated on any notice sent to you, the member. Examples of such notices might include, but are not limited to, newsletters, disclosures, etc. By using Mobile Deposit, you accept all the terms and conditions of this agreement. Please read it carefully. The terms and conditions of member’s Membership and Account Agreement and the Truth-In-Savings Disclosure for member’s deposit accounts and each of member’s loan agreements continue to apply notwithstanding anything to the contrary in this agreement.

You understand that upon enrollment you must include your account number and account ID (i.e. savings, checking) in order to identify which account you would like remote deposits to be credited to.  If no account ID is identified at time of enrollment, all accounts will default deposit to the primary savings account.

Dispute Notification and Resolution

In case of errors or questions about your Remote Deposit, contact us as soon as possible by:

MAIL:  COMMUNITY WEST CREDIT UNION, PO BOX 8069, KENTWOOD, MI. 49518

TELEPHONE: 616-261-5657 OPTION 2 – DURING REGULAR BUSINESS HOURS

IN PERSON: AT ANY COMMUNITY WEST CREDIT UNION BRANCH DURING REGULAR BUSINESS HOURS

We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

• Tell us your name and member number.
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. If requested, we will provide copies of documents (to the extent possible without violating other members’ rights to privacy) relied upon to conclude that the error did not occur.

Rules, Laws and Regulations

You agree to abide by and comply with all local, state, and federal rules, laws and regulations. These rules include but are not limited to Regulation CC “Expedited Funds Availability Act”, its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act (Check 21 Act). The Bank Secrecy Act (BSA), and laws administered by the United States of America which are in existence as of the date of this agreement and as amended from time to time.

Amendments

The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will notify you, at least thirty (30) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

Definitions

In addition to all the other terms defined herein, the following terms shall have the following meanings:

“We”, “Our”, “Us”, and “Credit Union” shall mean Community West Credit Union, its employees, directors, officers, representatives, and agents.

“You”, “Your”, and “Member” shall mean the account holder authorized by Credit Union to use the Mobile Deposit, and any user authorized to exercise control over funds deposited in member’s account through the Mobile Deposit program.

“Account” or “Accounts” shall mean the individual checking, savings deposited with Credit Union through the Mobile Deposit Program.

“Check” or “Checks” shall mean negotiable demand draft(s) drawn or payable through an office of a United States based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original check(s) and substitute check(s). check(s) do not include noncash items payable in a medium other than United States dollars.

“Image item” means digitized image(s) of check(s) that are created by you and transmitted to the Credit Union using the services.

“Service” means any of the Mobile Deposit functions offered and or used by you in connection with this agreement, including optional and future services added by an addendum.

“System” means the program that is maintained by the Credit Union, or other third parties, that you connect to through the internet in order to access the service.

Services and Funds Availability

Once approved for the Mobile Deposit Program, you may use the services to deposit checks into your account(s) with the Credit Union, subject to the terms of this agreement. Checks deposited through the services will be converted to image items for processing. The services are subject to transaction limitations and the Funds Availability Disclosure, as set forth in the Membership and Account Agreement and Truth-In-Savings disclosure, which govern the use of your account. We are notifying you in advance that deposits made by the Mobile Deposit Program do not fall under the standard provisions of Regulation CC – Expedited Funds Availability Act. As such, longer hold periods may apply. You agree to receive notice of extended hold times via the e-mail address provided in your Account Application.  Acknowledgment of

receipt or delivery does not constitute an acknowledgment by Credit Union that the transmission of a check or items does not contain errors or that funds will be available.

As a general rule:

• Checks deposited before 3:00 p.m. EST will generally post within one business day.
• Checks deposited after 3 p.m. on a normal business day (Monday through Friday, excluding holidays), will generally post on the next business day.
• Checks submitted on a weekend or holiday will generally post on the next business day.

• The limit on the total amount of transactions that can be done through the service is $10,000 per day, maximum of 30 items per day, not to exceed $20,000 in a rolling 30 days. Individual items shall not exceed $5,000.

Returned Deposits

Any credit to your account using Mobile Deposit is provisional. If a check deposited through Mobile Deposit is dishonored, rejected, or otherwise returned as unpaid by the drawee bank, or the item is rejected, or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Member Eligibility

You understand that you must be a Current Community West Credit Union Member in good standing. To determine eligibility, we may review your length of membership and account history. We may also obtain a new Consumer Credit Report to review your credit history and credit score. If you do not meet eligibility requirements and are denied usage of this service, we will notify you in writing.

Some of the reasons you may not be eligible for these services are:

• We do not have a current and valid email address on file.
• Your account has been opened 30 days or less.
• Your account is not in good standing.
• You have a history of poor account management.
• The address we have on file is no longer valid and we have not been notified in writing of your new address.
• You have defaulted on any agreement with the credit union.

Access

To use Mobile Deposit, you must have a compatible mobile device with our system, access to telecommunication services necessary for the Mobile Deposit service. Application upgrades may be required from time-to-time for continued use of the services.

Equipment or System Failure

In the event of a system failure, you agree that, in order to deposit your checks, you must deliver them directly to a Credit Union Branch Office for processing. If the checks were scanned prior to the system failure, you must obtain our approval before delivering the checks to a branch office for processing.

Authorized Users

The Credit Union shall be entitled to rely on the apparent authority of any person who accesses the services using valid member and user login IDs and passwords, including such persons who may not be signers on member’s account. Except as otherwise provided by law, you will indemnify Credit Union and hold it harmless for any loss or expense caused by any person with the apparent authority to access the services. You agree to provide each authorized user a copy of these terms in connection with their use of the services. The Credit Union may elect to verify the authenticity or content of any transmission by contacting any account owner. We may deny your access to the services without prior notice if we are unable to confirm any person’s authority to access the services or if we believe such action is necessary for security reasons.

Security

You understand the importance of your role in preventing misuse of your accounts enrolled in our Mobile Deposit Program, and you agree to promptly examine your statement and notify us of any errors in accordance with your Membership and Account Agreement. You agree to protect the confidentiality of your accounts, your account number and passwords. Data transmitted via this service is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure the services are secure, you acknowledge that the internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the internet and potentially can be monitored and read by others. We cannot, and do not, warrant that all data transfers utilizing Mobile Deposit will not be monitored or read by others. You agree to notify us immediately if you believe any passwords relating to this account have been lost, stolen, used without your permission, or otherwise compromised, by calling us at 616-261-5657 during regular business hours.

Use of Services

As a condition to using this service, you agree that you are responsible for the use of the service and that you will use the service in accordance with this agreement. You agree not to attempt to circumvent the security features of the service or the system. You also agree not to make any improper or unauthorized transfer of funds from accounts via the service or the system. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the system and the services as well as accessing or using the system or the services in any other unauthorized manner. You agree to be liable to the credit union and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of negligence or misuse of the service or the system. You are prohibited from using the service for any activity that:

• Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations.
• Knowingly accepting restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling).
• Directly or indirectly relates to the use of the service that is illegal or fraudulent.

Deposit of Original Checks

You agree that no check deposited to the credit union shall cause funds to be debited more than once from the account of the maker.

Check Retention Period

You agree that you will preserve the originals of all checks, processed through the services pursuant to this agreement for at least seventy (70) calendar days after the day of deposit (“Retention Period”). After you receive the “Deposit Successful” message, write “Mobile Deposit” on the check front. The risk of loss due to the unavailability of the original or copy of a check for any reason, shall be exclusively on the member.

Destruction of Original Checks

You will be fully responsible for the destruction of the checks. You agree to use commercially reasonable method(s) to destroy original checks after the required retention period has expired. You agree to destroy and dispose of the original checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. You are required to implement such procedures to ensure that the original checks are not accessed by unauthorized persons during the storage, 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). The risk of loss associated with the accidental inclusion of a physical check in the check collection process or with a lost, destroyed, stolen or misplaced check shall be exclusively on the member.

Member Representations and Warranties

You represent and warrant that all checks transmitted through the use of this service are made payable only to owners on the deposit account, all signatures and endorsements on each check are authentic and authorized, and each check has not been altered.

Prohibited Checks

Below are some, but not all, examples of reasons why an item may be rejected for deposit. Please contact the credit union with questions on negotiability.

• Foreign Checks /Foreign Currency
• Checks payable to any person or entity other than you;
• Checks prohibited by, or received in violation of, any law, rule or regulation;
• Checks that have been previously cashed or deposited
• Money Orders
• Savings Bonds
• Altered Checks
• 3rd Party Checks
• Stale Dated Checks (checks with a date greater than 6 months)
• Checks Made Out Incompletely or Incorrectly
• Non-Negotiable Items
• Damaged Checks
• Non-legible Checks
• Cash/Change
• Checks in which not all payees are owners on the deposit account.

If a check deposit is rejected, you will receive an email notification that will be sent to the address associated with the account.

Endorsement of Checks

You agree to properly endorse each check prior to submitting such check through the use of the services. The item must be endorsed and deposited into an account where all payees are owners.

Endorse the back of each check submitted through Remote Deposit with:

1. All payee’s signatures
2. The words “CWCU-RDC only”

If a deposit item is not properly endorsed, the credit union reserves the right to reject the check for deposit.

Image Quality

You are responsible for inspecting and verifying the quality of the images associated with image items, thus ensuring that the digitized images of the front and back of original checks are legible for all posting and clearing purposes by the credit union. Specifically, you are representing and warranting to the credit union that:

• The image item is an accurate representation of all information on the front and back of the original check at the time the original check was converted to an image item, and the image item contains all endorsements from the original check necessary to permit the credit union to:
  • Acquire rights of a holder in due course in the collection process of checks and other items;
  • Handle, process, maintain and destroy original checks; and
  • Ensure that neither the credit union nor any other financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for a check or image item more than once in any form.
• Each image item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a check) information required for a substitute check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by Check 21 and Regulation CC for the creation and/or transferring of a substitute check created from that Image item.

Adjustments

 In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are to correct mistakes in the value of image items deposited, mistakes in encoding, or for missing or illegible image items.

Termination

We are permitted to terminate any or all of the services immediately should you breach any part of this agreement or of the membership agreement. We are also permitted to terminate any or all of the services immediately if we are no longer able to provide such services. Notification of termination will be mailed to you at the physical address on file.

Confidentiality

You acknowledge that we will disclose information to third parties about your account or the image items you deposit:

• To enable your access to the services and the system,
• When it is necessary for completing deposits, and
• As required by law.

We are under no obligation to inspect or verify any image item to determine accuracy, legibility or quality of the image item or MICR line information associated with the image item, or for any other purpose. However, we may correct or amend MICR line information associated with an image item to facilitate processing of the image item or a substitute check created from that image item. We may process and collect an image item or a substitute image item through one or more check clearing houses, Federal Reserve Banks, or other private clearing agreements with other financial institutions. We may hold and use funds in any deposit account of yours following termination of this Agreement and the services for such time as we reasonably determine to be necessary for us to be assured that no image item processed by us prior to termination may be returned, charged back, or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which the credit union may be responsible, with such right being in addition to any other rights we may have with respect to your accounts. Without limitation, you recognize that under the Rules, the UCC, Regulation CC and the rules of any image exchange network, our representations and warranties to others with regards to image items and substitute checks may expose the credit union to claims for several years following processing of any particular image item or substitute check.

If a payor financial institution returns an image item to us for any reason, we may charge your applicable account for the returned image item, whether or not the return is timely and proper, and we may further either:

• Return the image item to you; or
• Re-present it to the payor financial institution before returning it to you.

NOTE: Items deposited using Mobile Deposit are subject to our verification and final inspection process. We may at any time deposit an image item or return all or part of a deposit of multiple image items to you without prior notice.

Items may be returned as image items, rather than substitute checks, as agreed by the parties. If a payor financial institution or other third party makes a claim against us or seeks a recredit with respect to any image item processed, we may provisionally freeze or hold aside a like amount in the applicable account pending investigation and resolution of the claim;

Immediately suspending the services or the system or the processing of any check or corresponding electronic image item if we have reason to believe that there has been a breach in the security of the services or system, fraud involving your account(s) or check(s), or any uncertainty as to the authorization or accuracy of electronic image items, including the right to process electronic image items on a collection basis at any time; and b. Immediately suspending the services or the system or the processing of any check or corresponding electronic image item if we have reason to believe that there has been a breach in the security of the services or system, fraud involving your account(s) or check(s), or any uncertainty as to the authorization or accuracy of electronic image items, including the right to process electronic image items on a collection basis at any time; and

Refusing to process any non-conforming image items, including without limitation any image items that do not meet the definition of a “check” set forth herein.

Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Mobile Deposit Program provided to you under this agreement. We do not and cannot warrant that the service will operate without errors, or that any or all services will be available and operational at all times. Except as specifically provided in this agreement, or otherwise required by law, you agree that our 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 and or by reason of your use of or access to the Mobile Deposit service. The credit union shall be responsible only for performing the services expressly provided for in this agreement and shall be liable only for its negligence in performing those services. The credit union shall not be responsible for the member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the credit union’s agent. The member agrees to indemnify the credit union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the credit union is responsible for any act or omission of the member, or any other person described in this paragraph. In no event shall the credit union be liable for any consequential, special, punitive or indirect loss or damage which the member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the credit union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the credit union shall be excused from failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the credit union’s control. In addition, the credit union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the credit union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this agreement by the member, the credit union shall have all rights and remedies available at law or in equity.

Arbitration Agreement

Any controversy or claim arising out of or relating to this Agreement is to be resolved by arbitration. The arbitration is to be administered by the American Arbitration Association and is to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration is to be held before a panel of three arbitrators, each of whom must be independent of the parties. No later than 15 days after the arbitration begins, each party shall select an arbitrator and request the two selected arbitrators to select a third neutral arbitrator. If the two arbitrators fail to select a third on or before the 10th day after the second arbitrator was selected, either party is entitled to request the American Arbitration Association to appoint the third neutral arbitrator in accordance with its rules. Before beginning the hearings, each arbitrator must provide an oath or undertaking of impartiality.  Either party may seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party. By doing so, that party does not waive any right or remedy under this Agreement. The interim or provisional relief is to remain in effect until the arbitration award is rendered or the controversy is resolved.  The arbitrators are to have no authority to award punitive damages or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the provisions of this Agreement.  Any arbitration proceeding under this Agreement must be commenced no later than two years after the controversy or claim arose. Failure to commence in a timely arbitration proceeding constitutes both an absolute bar to the commencement of an arbitration proceeding with respect to the controversy or claim, and a waiver of the controversy or claim.  The arbitrators are to interpret all controversies and claims arising under or relating to this Agreement in accordance with the laws set forth in Section 9(a).  The arbitration is to be conducted in Grand Rapids, MI.  Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment pursuant to arbitration is final and may be entered and enforced in any court of competent jurisdiction.

Governing Law

This Agreement supplements the terms of your Membership and Account Agreement and Disclosures. Together they constitute the entire Agreement between you and Community West Credit Union with respect to the services. You may not assign this Agreement. This Agreement is governed by the laws of the State of Michigan 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. Unauthorized use of this Service is strictly prohibited.

Severability

If any provision of this agreement is held to be illegal, invalid or unenforceable under present or future laws, the remaining provisions shall remain in full force and effect.

Acceptance

Your use of the services constitutes your acceptance of this agreement. The credit union reserves the right to change the terms for the services described in this agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this agreement from time to time. Your continued use of the services will indicate your acceptance of the revised agreement.

Contact Information

Notifications required by this agreement are to be directed to us at the address or phone numbers listed below.

Community West Credit Union

P.O. Box 8069

Kentwood, MI 49518

Phone: 616.261.5657

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