Contents

• eBranch Disclosure
• Account Aggregation
• Electronic Statement Enrollment Disclosure
• External Account Transfer Service Agreement
• Mobile Deposit Capture Agreement
• Contact Information

eBranch Disclosure

Introduction

Please read this eBranch Disclosure (Agreement) carefully and keep it for future reference. This Agreement contains your rights and obligations for eBranch, our Online Access Service, and how it is regulated, controlled, or impacted by several different government regulations. Online Access services are electronic funds transfers (EFTs) that are electronically initiated transactions involving your accounts. This screen defines the disclosures and terms that apply to your use of eBranch.

By accepting or using the PIN/Password to make any eBranch transactions, you agree to be bound by these terms and conditions under this Agreement.

In addition to this Agreement, in connection with your use of eBranch, you may be subject to, and/or required to agree to, account agreements, guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post in eBranch or otherwise provide or make available to you from time to time. Furthermore, if you use certain features, products or services available on or through eBranch, you will be subject to and/or required to agree to, separate end user agreements governing or relating to such features, products or services. All such account agreements, guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions, are hereby incorporated by reference into this Agreement. Such additional agreements shall include, without limitation, agreements, rules or other terms governing any savings, or other deposit accounts, loan, line of credit and credit card accounts, and any other accounts that you may view, modify or otherwise access while using eBranch; fee schedules; our electronic fund transfer agreement and disclosures; and your signature card. When you access accounts online, or initiate transactions and/or requests using eBranch, this does not change the agreements you already have with us on those accounts.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any additional agreement, the terms and conditions of this Agreement shall govern as to that particular service unless expressly stated herein. Notwithstanding anything to the contrary, the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by us in an additional agreement.

eBranch allows you to make transfers, inquiries, and loan advances on your Credit Union accounts. In addition, to conduct transactions, you will need a Personal Identification Number (PIN) which is your password/security code.

From time to time, some or all of the eBranch features may not be available due to system maintenance.

The types of transactions available on eBranch are indicated below. Some of these transactions may not apply to your account.

At the present time, you may use eBranch to:

• Obtain account and loan balances;
• Obtain loan payment due date and pay off information;
• Obtain last dividend, date and amount;
• Request a check withdrawal from your account;
• Access your Line of Credit to request loan advances;
• Access your Mortgage loan information;
• Transfer funds from your Line of Credit to your share account;
• Transfer funds from your share account to make your loan payments;
• Transfer funds between your CEFCU account and other financial institutions;
• Enroll in and view electronic statements;
• Apply for loans;
• Receive account Alerts;
• Export account history and information into Quicken;
• Update your address, phone number(s), and email address;
• Communicate with the Credit Union through Secure Message;
• Enroll in Mobile Banking which includes Mobile Deposit;
• Access your CEFCU credit card account for:
  • Current balance,
  • Recent card activity,
  • Enroll in and view Mastercard electronic statements,
  • Set-up Automatic Payments,
  • Submit Travel Notifications
  • Request a Balance Transfer
  • Dispute a Charge,
  • Request a Replacement Card,
  • Enroll in Mastercard Alerts and Controls;
• Other enhancements, transactions, inquiries or calculations that may be made available on the eBranch system from time to time.

 
In our sole discretion, we may, from time to time, introduce new features or services to eBranch or modify or delete existing features or services. We shall notify you of such modifications if required by applicable law. By using any new or modified features or services, you agree to be bound by the terms and conditions associated with such features or services, if any.

You may not perform the following types of transactions with eBranch:

• Pay certain types of Mortgage Loans;
• Pay your Student Loan(s);
• Request wiring of funds to another institution;
• Perform other transactions with vendors who offer services to the Credit Union.

Alerts

With eBranch Alerts, you can ask us to send you automated messages about your account via email, text message, push notification, and eBranch message.

Some alerts are enabled by default, and some alerts cannot be disabled for security purposes. You can manage the Alerts you receive on the Alert Settings page in eBranch. We reserve the right to change the types of Alerts available or terminate Alert service at any time without notice to you. Please be aware that Alerts are not encrypted, so anyone with access to your email or mobile device can view your Alerts and their contents. Depending upon which Alerts you select, they may include your account balance, payment due date, or other account-related information.

Monetary alerts are processed hourly from 7:00 AM to 10:00 PM Pacific. Alerts based on activity within eBranch are sent in real time as the action occurs. For example, if you opt in to receive an alert for every login, you’ll receive an alert as soon as that login occurs, regardless of the time of day. Alert information may be subject to other time lags or delays. We do not guarantee the delivery, timeliness, or accuracy of any Alert, whether within or outside our control. In requesting Alerts, you agree that the Alert service is a courtesy to you, and as such the Credit Union will not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; any errors in Alert contents; or any actions you or anyone else may take or not take in reliance on an Alert.

Alerts are sent to the email address or mobile device number you specify. If you change your email address or mobile device number, you are responsible for informing us of the change.

Limitations

You agree to the following limitations when you use the described online privileges.

Information concerning your accounts may only be obtained via a computer, workstation setup, mobile device, tablet, or similar devices that meet certain specifications (see Equipment Requirements) for accessing the Internet.

We may set up a “lock-out” feature that may deny access if there are too many invalid Password/PIN entries or other irregular transactions on the account.

Business and Processing Days

Our Business and Processing Days are Monday through Friday, excluding federal holidays. The Processing Day cut-off time is 4:30 PM Pacific Time, after which transactions will reflect an effective date of the next Processing Day. Similarly, transactions that you initiate on a non-Processing Day (Saturday, Sunday, or federal holidays) are effective dated the next Processing Day. eBranch is generally available 24 hours per day, seven days per week, 365 days per year. However, eBranch may be interrupted for a short time weekly for data processing and/or periodically for servicing or updates.

Limits on Transfers and Transactions

Limits to Available Balance

You may not exceed the Available Balance in your account on the day that the transfer is made. CEFCU reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, or lower an account balance below the required amount. We reserve the right to limit the frequency and dollar amount of any transaction at any time for security reasons or at our discretion, and will provide notice to the extent required by applicable law.

Statements

From the date of your first transaction, you will receive a monthly statement reflecting activity on your account, including your online transactions. No other receipts will be mailed.

Security Codes

Initially, when you enroll in eBranch access, you will use your pre-assigned Personal Identification Number (PIN) as your Password/PIN. Once the system validates you, you will create a new Password for eBranch. It should remain confidential and should not be written near your computer or disclosed to a third party. You agree not to make your Password available to anyone not authorized to transact on your account(s). Remember that anyone who has your password can use it to change the account password! If you authorize anyone to use your password and initiate EFTs, that authority shall continue until you specifically revoke such authority by changing the password. If you fail to maintain the security of any password and the Credit Union suffers a loss, we may terminate any or all of the services under this agreement as well as any other Credit Union deposit or loan service you may have.

You may authorize the Joint Owners(s) of your account to access eBranch by disclosing your password to them. You understand and agree that the password grants such persons unlimited access to all share (savings) accounts and loans linked to your account. It also grants unlimited access to anyone to whom such persons may share your password without your knowledge or consent. Access to loans may include personal loan information and transaction history on your Credit Union credit card and Home Equity Line of Credit (HELOC). You understand and agree to pay, be responsible for and indemnify the Credit Union from all transactions initiated by you or anyone to whom you disclosed your password and all transactions initiated by anyone who received your password directly or indirectly through another party to whom you disclosed your password. In addition to your liability for any indebtedness created through the use of eBranch privileges, the Credit Union may at its sole option elect to also hold a user of the eBranch service, if other than you, liable for any transactions or indebtedness charged to your account(s) through the use of the eBranch service. The obligation of two or more parties will be joint and several, meaning that all signers on the account will be responsible for repaying all, or any portion of, such charges or indebtedness, without regard to the liability of the other signers.

User ID

Initially, when you enroll in eBranch access, you will use your CEFCU account number as your User ID. During the enrollment process, you will be required to create a unique User ID, which you will be required to use on subsequent log-ins. Your User ID should remain confidential and should not be written near your computer or disclosed to a third party. You agree not to make your User ID available to anyone not authorized to transact on your account(s).

Equipment Requirements

You will need a personal computer, a modem, a web browser with 128-bit encryption, and access to the Internet. You are responsible for the installation, maintenance, and operation of your home computer, modem, and software. We will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or malfunctions of your home computer and related equipment.

Confidentiality

We will disclose information to third parties about your account or the EFTs you make:

• When it is necessary for completing the transfer or transaction;
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
• In order to comply with government agency or court orders or other legal process;
• If you give us your prior oral or written permission; or
• As otherwise provided in our privacy policies, which can be found at https://www.caltechefcu.org/home/resources/disclosures/privacy-notice.

Contact in the Event of Unauthorized Transfer

If you believe that someone has transferred or may transfer money from your Account without your permission, immediately call: (800)592-3328, option 3, or email eServices@cefcu.org, or write: Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department.

Consumer’s Liability for Authorized Transfers and Consumer Errors

Please note that the term unauthorized electronic fund transfer, also referred to herein as an unauthorized transfer, has the same meaning as defined in Regulation E, 12 CFR § 1005.2(m). You are responsible for all transfers you authorize using our eBranch service. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. You understand and agree that you will be responsible for all transactions that you make and/or initiate, including fraudulent transactions where you initiate the transaction but are the victim of fraud or transactions you initiate in error. When you give someone your password or other means to access our eBranch service with authority to conduct EFTs, you are authorizing that person to use our eBranch service, and you are responsible for all transactions that person performs while using our eBranch service unless otherwise provided for by applicable law. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions, unless otherwise provided for by applicable law. Consumer’s Liability for Unauthorized Transfers; Advisability of Prompt Reporting and Telephone Number and Address for Notification

Tell us at once if you believe your eBranch password has been lost or stolen, that someone has transferred or may transfer money from your account without your permission, that your account has been compromised in some fashion, or that any other unauthorized electronic fund transfer has been or may be made. You agree to immediately call (800) 592-3328 or write to eservices@cefcu.org.

Telephoning is the best way to keep your potential losses down. If you believe your eBranch password has been lost or stolen and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can establish that we could have prevented someone from using your password without your permission if you had told us, you could lose up to $500.00.

If your monthly statement from us shows transfers or transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was delivered electronically or mailed to you, you may be liable for the entire amount of the transaction if we can establish that we could have stopped someone from taking the money if you had told us in time. If a good reason, such as a long trip or hospital stay, kept you from telling us, we may extend the time period.

When you contact us to report an unauthorized transfer, you will be required to tell us your name and account number, describe the error or the transfer you are unsure about, explain as clearly as you can why you believe it is an error or why you need more information, and tell us the dollar amount of the suspected error.

If you tell us orally, we may require you to submit your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. However, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you believe is in error, so that you will have access to the funds 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 your written statement within ten (10) business days, we may not re-credit your account. We will inform you of the results of our investigation within three (3) business days after we complete it.

In Case of Errors or Questions About Your EFTs

In case of errors or questions about your EFTs, email eServices@cefcu.org, telephone us at (800)592-3328, option 3, or write and send to Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you within sixty (60) days after we send you your statement.

(1) Tell us your name and the account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) 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 ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you believe is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) business days, we may not credit your Account.

For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. Financial Institution’s Liability for Failure to Make Transfers

If we do not complete a transfer to or from your account on time and in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are exceptions. We will not be liable if:

• Through no fault of the Credit Union, you do not have enough money in your account or sufficient collected funds to make the transfer.
• You used the wrong access code or you have not properly followed any applicable computer, internet access, or our user instructions for making the transfer.
• The system was not working properly, and you knew about the breakdown before you started the transfer.
• The system is unavailable due to system maintenance.
• Circumstances beyond the control of the Credit Union (such as fire, flood, computer or telephone system malfunction) prevent the transfer despite reasonable precautions we have taken.
• The transfer would violate another agreement between you and the Credit Union.
• Your account is “frozen” because of a court order or your password has been reported lost or stolen.
• If you are delinquent on any loan payments.
• You have not given us complete, correct and current instructions so we can process a transfer.
• The error was caused by a system beyond our control, such as your Internet Service Provider.
• There are other reasons preventing us from processing your transaction as you instructed.

Third Party Transactions

We will not disclose any information to third parties in regard to your accounts, your balances, or any transactions made with the exception of: a) when it is necessary to complete the transaction; b) when it is in compliance with applicable law, government agency or court orders; c) when the third party needs to verify the existence or condition of your account when it is lawful to do so; d) when you give us written permission; or, e) to business partners when deemed necessary to provide competitive products and services to our members.

Change of Terms

These terms may be revised or amended by the Credit Union at any time and every effort will be made to notify the membership before such change.

Subject to any notice required by law, we reserve the right to change any of the terms of the electronic funds transfer services described in this Agreement and/or terminate your right to use eBranch at any time, for any reason. Prior notice may not be given if an immediate change is necessary to: (a) protect the security of your account; (b) prevent loss to the Credit Union; or (c) protect the electronic funds transfer systems. Use of the service is subject to existing regulations and any future changes in those regulations.

Applicable Law

This Agreement shall be construed and interpreted in accordance with the laws of the state of California, except to the extent that federal law applies. It is also governed by the bylaws of the Credit Union, and local clearing house rules as amended from time to time.

Arbitration Agreement and Waiver of Class Action

By continuing to use eBranch or any features or services accessed through eBranch, and not exercising your right to opt-out hereunder, you will be deemed to have accepted and agreed to the terms of this Arbitration Agreement and Waiver of Class Action section (“Arbitration Agreement”).

a. General. You and the Credit Union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to this Agreement, your use of eBranch or any products or services the Credit Union has provided through eBranch, will provide or has offered to provide to you (hereafter referred to as the “Claims”).

In furtherance of informally resolving any Claims between us, the complaining party shall: 1) provide the defending party at least 30 days written notice of the Claim signed by the person bringing the Claim explaining in reasonable detail the nature of the Claim and any supporting facts; and 2) schedule an in-person meeting (or a meeting by Zoom or similar electronic means) to discuss, in good faith, potential resolution of the Claims. If we are unable to resolve the Claim after exhausting the pre-dispute resolution process noted herein, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration Agreement, even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes as well as its Mass Arbitration Supplementary Rules, as applicable, (collectively referred to herein as “Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at www.adr.org; or, a copy of the Rules can be obtained at any Credit Union branch upon request.

Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT).

This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your products or services for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to: (i) Claims that are or can be initiated in or transferred to small claims court or a comparable court of limited monetary jurisdiction, so long as they are brought individually; or (ii) any other Claims where arbitration is prohibited by law.

b. Selection of Arbitrator. The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of financial products or services at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute forum, then you can select the forum for the resolution of the Claims.

c. Effective Date. This Arbitration Agreement is effective upon the 61st day after we provide it to you (“Effective Date”), unless you opt-out in accordance with the requirements of the RIGHT TO OPT-OUT subsection below.

d. Claims Arising Prior to Effective Date. This Arbitration Agreement applies to all Claims that are filed or initiated after the Effective Date, even if the claim arises out of, affects, or relates to conduct that occurred prior to the Effective Date. If a Claim is filed or initiated prior to the Effective Date, this Arbitration Agreement will not apply to such Claim.

e. Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief to the extent applicable under the California Unfair Competition Law or Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay its attorneys’ fees and costs. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.

f. Class Action Waiver. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.

g. Severability. In the event the Class Action Waiver subsection is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver subsection, is found to be unenforceable, the remaining provisions shall remain fully enforceable.

h. Right to Opt-Out. You have the right to opt-out of this Arbitration Agreement, provided you notify the Credit Union of your intent to do so within 60 days after it is provided to you. Your opt-out is only effective if you notify the Credit Union in writing at [Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012within such 60 day time period. If you fail to opt-out within this 60 day time period, you will be deemed to have consented to the resolution of your Claims through binding arbitration. In the event you opt-out, it shall not affect other terms and conditions of your Agreement or your relationship with the Credit Union.

i. Amendment/Termination of this Arbitration Agreement. Notwithstanding anything in this Agreement to the contrary, we will not amend or terminate this Arbitration Agreement unless we provide you with sixty (60) days prior written notice of such amendment or termination and an opportunity to opt-out of the amendment or termination during that time period.

j. Survival. This Arbitration Agreement will survive termination of the Agreement and/or eBranch services.

FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA procedures, you should check AAA’s website, www.adr.org, or call AAA at (800) 778-7879

Termination of Electronic Funds Transfer Services (EFT)

You may terminate this Agreement or any EFT service under this Agreement at any time by notifying the Credit Union in writing and ceasing to use your Password. The Credit Union may also terminate this Agreement at any time without prior notice by notifying you orally or in writing. We may also program our computer not to accept your password for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any EFTs made prior to termination.

If you fail to log-in to eBranch within an eighteen (18) month time frame, the Credit Union reserves the right to terminate your access to eBranch without prior notice to you. Any pending scheduled transactions will be canceled at the time of termination. Termination of eBranch will prevent you from having the ability to view any electronic statements but will not convert you back to paper statements. To re-establish eBranch access, enroll again as a new user.

Enforcement

In the event either party brings legal action to enforce this Agreement or collect overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Credit Union is located, if allowed by applicable law.

Access to eBranch is subject to Credit Union approval, and is subject to withdrawal, suspension or termination by the Credit Union at any time, without prior notice to you. By your use of eBranch you are acknowledging your agreement to the terms and conditions set forth in this Agreement and agree to indemnify and hold the Credit Union harmless from any and all loss, cost, expense or damage stemming from your use or misuse of eBranch and any harmful computer code introduced by you into any Credit Union systems.

User Precautions

As with all financial transactions, please exercise discretion when using eBranch. The following suggestions may be helpful:

• Compare your records with the account statements you receive.
• Carefully read account information displayed on-screen and compare it with your records and account statements.
• Protect the secrecy of your PIN/Password. Do not tell anyone your PIN/Password. Do not write your PIN/Password where it can be discovered. For example, do not keep a note of your PIN/Password in your wallet or purse, or on or near your computer, mobile device, or tablet.
• Prevent others from seeing you enter your PIN/Password by using your body to shield their view.
• Protect your computer, mobile device, or tablet by installing antivirus software of your choice. Keep your antivirus software up to date.

If your PIN/Password or computer is compromised, lost, stolen or misappropriated, promptly notify us. Call (800) 592-3328 or write to support@cefcu.org.

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Account Aggregation

By using the account aggregation services (Aggregation), you hereby agree to the following (CEFCU is considered your financial institution for purposes of these provisions):

Provide Accurate Information

You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights

You are permitted to use content delivered to you through Aggregation only on the Aggregation service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the Aggregation service.

Content You Provide

You are licensing to your financial institution and its service providers, including Plaid, Inc. (“Service Providers”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Aggregation service. Your financial institution and its Service Providers may use, modify, display, distribute and create new material using such Content to provide the Aggregation service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, your financial institution and its Service Providers may use the Content for the purposes set out above. As between your financial institution and its Service Providers, your financial institution owns your confidential account information.

Third Party Accounts

By using the Aggregation service, you authorize your financial institution and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant your financial institution and its Service Providers a limited power of attorney, and you hereby appoint your financial institution and its Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Aggregation service is not endorsed or sponsored by any third-party account providers accessible through the service. You acknowledge that through the use of this Aggregation service, your financial institution shall have access to your account credentials, including, but not limited to login username and passwords.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE AGGREGATION SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE AGGREGATION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT ( i ) THE AGGREGATION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AGGREGATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AGGREGATION SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AGGREGATION SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGGREGATION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation Of Liability

YOU AGREE THAT NEITHER YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: ( i ) THE USE OR THE INABILITY TO USE THE AGGREGATION SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AGGREGATION SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE AGGREGATION SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE AGGREGATION SERVICE.

Indemnification

You agree to protect and fully compensate your financial institution and its Service Providers and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Aggregation service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

 
You agree that the Service Providers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if the Service Providers were a party to this Agreement.

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Electronic Statement Enrollment Disclosure

Introduction

Caltech Employees Federal Credit Union offers you the option of receiving account statements electronically instead of through postal mail. You will access your electronic statement (referred to as “eStatements” and “estatements”) through eBranch, our online access system, and our mobile app.

To receive estatements, the Credit Union must receive your “affirmative consent” — your clear instructions to send statements electronically. To receive your statements electronically, enroll for eStatements through eBranch or our mobile app. If you choose eStatements the Credit Union will send your statement electronically until you instruct us otherwise. (See below for information on how to withdraw consent for eStatements). If you consent to eStatements, it will be your responsibility to check your email for notices of statement availability.

To view your eStatements, you must have a computer, tablet, or smartphone with internet access and an up-to-date web browser such as Chrome, Safari, or Firefox. eStatements are delivered in PDF format, so you’ll need software that can open PDF files. You may download free PDF document viewer software, Adobe® Reader®, at http://www.adobe.com/.

You will receive an email from us notifying you that your eStatement is available for viewing and printing. This email notification will be sent to your email address on file. If you change your email address, it is your responsibility to immediately notify the Credit Union by updating it directly through eBranch, notifying us in person, or by mailing a notice to the Credit Union.

You may obtain a paper copy of any statement on request, even if you choose eStatements for your account by contacting the Credit Union. We will provide up to 3 months of paper statement copies at no charge. There is a $5.00 fee for any additional statements needed.

You may withdraw your consent to receive eStatements at any time by notifying the Credit Union by phone, email, mail, or in person. We must receive your notice prior to the last business day of the month in order for you to receive a paper statement for that month.

You agree that when you receive statements electronically, you will faithfully and promptly review the statements to ensure there are no errors in the statement and there has been no unauthorized use of your accounts. If you discover any such errors or unauthorized use, you will contact the Credit Union immediately by any of the methods listed under “Contact Information” to protect your Credit Union accounts and to stop any potential fraud or misuse of your account as soon as possible. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared. We will investigate your concern and will correct any error promptly. If we take more than ten (10) business days to do this, we will credit your account for the amount you think is in error so you will have use of the money during the time it takes us to complete our investigation.

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External Account Transfer Service Agreement

Introduction

With Caltech Employees Federal Credit Union’s External Accounts Transfer (External Transfer) Service, you may transfer funds from your Credit Union account(s) to your other financial institutions and from your other financial institutions to your Credit Union account(s).

Please take a moment to read this External Accounts Transfer Service Agreement (referred to throughout as the “External Transfer Agreement”). As used in this External Transfer Agreement, the words “you” and “your” refer to you as the user of the External Transfer Service; the words “we”, “us”, “our” and any other variation thereof refer to Caltech Employees Federal Credit Union (CEFCU).

Acceptance of Terms

This External Transfer Agreement establishes the terms and conditions (the “Terms”) that our service provider and CEFCU will provide and you may use the External Transfer Service and forms as a legally binding agreement between you and CEFCU. By setting up an External Account, you agree to accept the Terms, including any amendments to this External Transfer Agreement or any changes in the Terms. CEFCU reserves the right to change the Terms under which the External Transfer Service is offered in its sole discretion at any time; however, CEFCU will notify you of any material change to the Terms. CEFCU will notify you by email or by conventional mail, at its discretion of any material change to the Terms. You agree that if you continue to use the External Transfer Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this External Transfer Agreement, as amended. If you do not agree to the changes, or if at any time you wish to discontinue your use of the External Transfer Service, send CEFCU an email to eServices@cefcu.org or, if you prefer, send a registered or certified letter to Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department. Once your account with CEFCU has terminated for any reason, you will have no further right or access to use the External Transfer Service. To use this External Transfer Service, you must be at least eighteen (18) years old, and you must be an owner on the external account that you are adding.

Information Authorization

By using this External Transfer Service, you authorize us to verify your identity through our Identity Service and Fraud Detection provider. We reserve the right to deny you access to the External Transfer Service if we cannot verify your identity or other necessary information. We also reserve the right to obtain such additional information as we deem reasonable or necessary to ensure that you, or persons to whom you may transfer funds, are not using our External Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

We may verify your Accounts that you add to the External Transfer Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be credited to and debited from the Account(s). The test credit will always occur before the test debit and will always be of the same amount, so that the balance of your Account(s) will never be less than the actual balance.

Once the test transfer is complete, we may ask you to access your Account(s) to tell us the amount of the test credit(s), debit(s), and/or any additional information reported by your bank with the test transfer(s).

User Content

Subject to CEFCU’s Online Privacy Notice, you agree that CEFCU may use, copy, modify, display and distribute any information, data, materials or other content (the “Content”) you provide to CEFCU for the purpose of providing the External Transfer Service, and you hereby give CEFCU a license to do so. By submitting Content, you represent that you have the right to license such Content to CEFCU for the purposes set forth in this External Transfer Agreement.

Accounts

You understand that in order to complete fund transfers, it is necessary for CEFCU and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and execute the fund transfer you request. By using the External Transfer Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to execute such funds transfer or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third-party rights. You warrant and represent that the information you are providing CEFCU is true, current, correct and complete. You hereby authorize and permit CEFCU and our service provider to use information submitted by you to accomplish these purposes and to configure the External Transfer Service to be compatible with the Accounts.

You understand and agree that at all times your relationship with each Account provider is independent of CEFCU and your use of this External Transfer Service. CEFCU will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN CEFCU AND OUR SERVICE PROVIDER IS EXECUTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, CEFCU AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that CEFCU, its service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; AND, (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for External Transfer Service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

Electronic Communications

A. General Consent; Categories of Records.

The External Transfer Service is an electronic, Internet-based service. Therefore, you understand and agree that this External Transfer Agreement will be entered into electronically and that the following categories of information (“Communications”) may be provided by electronic means:

• This External Transfer Agreement and any amendments, modifications or supplements to it.
• Your records of funds transfers and other transactions through the External Transfer Service, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with the External Transfer Service, including without limitation those required by federal or state law.
• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the External Transfer Service.
• Any other communication related to the External Transfer Service.

Although CEFCU reserves the right to provide communications in paper format at any time, you agree that we are under no obligation to do so. All communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this External Transfer Agreement and any electronic communication that is important to you and retain the copy for your records. If you do not agree to receive this External Transfer Agreement or the communications electronically, you may not use the External Transfer Service.

B. How to Withdraw Consent.

If you have registered for the External Transfer Service and you wish to withdraw your consent to have communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the External Transfer Service cancellation policies) and stop using the External Transfer Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the External Transfer Service cancellation policies).

C. How to Update Your Contact Information.

You agree to promptly update your information if your email address, phone number(s) or other information changes. You may update your records, such as your email address, in both eBranch and the mobile applications.

D. Delivery of Electronic Communications.

Communications may be posted on the pages of the External Transfer Service website or other website disclosed to you and/or delivered to the email address you provide. Any electronic communication sent by email will be deemed to have been received by you when CEFCU sends it to you, whether or not you received the email. If the communication is posted on the External Transfer Service, then it will be deemed to have been received by you no later than five (5) business days after we post the communication on the pages of the External Transfer Service, whether or not you retrieve the communication. An electronic communication by email is considered to be sent at the time that it is directed by CEFCU’s email server to the appropriate email address. An electronic communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic communications.

E. Hardware and Software Requirements.

In order to access and retain Communications, you must have:

• An Internet browser that supports 128-bit encryption, such as Microsoft Edge, Chrome, Firefox, or Safari.
• Email account and email software capable of reading and responding to email messages.
• A personal computer, mobile device, tablet, operating system with telecommunications connections to the Internet capable of supporting the foregoing.
• Sufficient electronic storage capacity on your computer, mobile device, tablet’s hard drive or other data storage unit.
• A printer that is capable of printing from your browser and email software.

Privacy Statement and Confidentiality

We regard your privacy and security with the utmost importance and we are absolutely committed to safeguarding any information that you share with us. In order to provide the External Transfer Service, we must obtain from you certain personal information about you, your Accounts and your transactions (referred to herein as “User Information”). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy statement.

All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information. You can see a full description of our privacy statement by clicking on “Online Privacy Notice” at www.cefcu.org.

Business and Processing Days

The External Transfer Service will process requests for transfers on business days. Our business days are Monday through Friday, excluding federal holidays. The Processing Day cut-off time is 11:30 AM Pacific Time. External transfer submitted after 11:30 AM will not be processed until the next Business Day.

Transfer Types and Limitations

Types of Transfers

Transfers can be between your Credit Union Accounts and your accounts at other financial institutions. You can only transfer to/from accounts on which you are a primary or joint owner.

Please ensure that you have sufficient funds to execute any funds transfers from your Accounts. We may at any time decline to execute any fund transfers that we believe may violate applicable law.

Frequency of Transfers

You may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time, for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our External Transfer Service.

Dollar Amount of Transfers

You may not make funds transfers in excess of limits described on the External Transfer Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our External Transfer Service.

• Outbound Transfers (from your Credit Union account into your account at another financial institution) have a $20,000 per day limit. There is a thirty (30) day rolling limit on Outbound Transfers, which will be disclosed on the transfer screen.
• Inbound Transfers (from your account at another financial institution into your Credit Union account) have a $10,000 per day limit. There is a thirty (30) day rolling limit on Inbound Transfers, which will be disclosed on the transfer screen.

Timeframes

• Outbound External Transfer request submitted prior to 11:30 AM (Pacific Time) will be received by your other financial institution the same business day. Outbound External Transfer request submitted after 11:30 AM (Pacific Time) will be received by your other financial institution on the next business day.
• Inbound External Transfer request submitted prior to 11:30 AM (Pacific Time) will be credited to your CEFCU account by 4:00 PM (Pacific Time) on the same business day. Inbound External Transfer request submitted after 11:30 AM (Pacific Time) will be credited to your CEFCU account on the next business day.

Inbound External Transfer Funds Availability

Inbound External Transfer funds may not be available to you until the 3rd business day after the day we credit your account. The first $275 of your transfer, will be made available on the next business day.

Transfers Subject to the Rules of the Accounts

All funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to conduct any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of anti-money laundering laws and OFAC sanctions.

Rejection of Transfers

We reserve the right to decline to execute any funds transfers, to submit funds transfer instructions or orders or to carry out change or cancellation requests.

Authorization

You authorize us to select any means to execute your funds transfer instructions. You understand that to execute your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules; we debit one of your Accounts and credit another one of your Accounts. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To execute this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. CEFCU will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize CEFCU to debit your account in the amount indicated.

In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this External Transfer Agreement (see “Documentation,” below).

Suspension and Reinstatement of External Accounts Transfer Service

In the event that we, at any time, incur a problem with your use of the External Transfer Service, including, without limitation, a failure in External Transfer Service to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this External Transfer Agreement or otherwise, we reserve the right to suspend your right to use the External Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this External Transfer Agreement (see “Error Reporting and Claims,” below). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the External Transfer Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your External Transfer Service subject to lower monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the External Transfer Service, CEFCU in our sole discretion may thereafter restore your ability to execute transfers subject to such higher limits as may then be in effect (see “Dollar Amount of Transfers,” above).

Documentation

We notify you that we have received funds transfers by listing them on your account statement. Statements are delivered electronically or by mail. We are not obligated to send you a separate notice of each incoming funds transfer. We generally do not provide such separate notices. We are not obligated to pay you interest for the period before the transfer is received. If you are expecting a funds transfer and want to find out if it has been credited to your Credit Union account, log into eBranch or contact us at (800)592-3328, option 3.

Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, CEFCU reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

Contact in the Event of Unauthorized Transfer

If you believe that someone has transferred or may transfer money from your Account without your permission, immediately call: (800)592-3328, option 3, or email eServices@cefcu.org, or write: Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department.

Consumer Liability

You agree to notify us AT ONCE if you believe your eBranch password has been lost or stolen. Telephoning us promptly is the best way to protect you from possible losses. If you never tell us, you could lose all of the money in your account. However, if you tell us within 2 business days, you can lose no more than $50 if someone used your password without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your password and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

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

Error Reporting and Claims

In case of errors or questions about your funds transfers, email eServices@cefcu.org, telephone us at (800)592-3328, option 3, or write and send to Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you within sixty (60) days after we send you your statement.

(1) Tell us your name and the account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) 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 ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you believe is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) business days, we may not credit your Account.

For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

Disclaimer for Errors Caused by Other Financial Institutions

To the extent permitted by applicable law, we are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of other financial institutions where you have other Accounts. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

Proprietary Rights

You acknowledge and agree that CEFCU and/or our service provider own all rights in and to the External Transfer Service. You are permitted to use the External Transfer Service only as expressly authorized by this External Transfer Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile CEFCU and/or our service provider’s External Transfer Service or any of CEFCU and/or our service provider’s services or technology.

No Unlawful or Prohibited Use

As a condition of using the External Transfer Service, you warrant to us that you will not use the External Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this External Transfer Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the External Transfer Service in any manner that could damage, disable, overburden, or impair the External Transfer Service or interfere with any other party’s use and enjoyment of the External Transfer Service. You may not obtain or use External Transfer Service to obtain any materials or information through any means not intentionally made available or provided for through the External Transfer Service. You agree that these warranties and representations will remain in full force and effect even if this External Transfer Agreement terminates for any reason.

Service Changes and Discontinuation

We may modify or discontinue the External Transfer Service or your account with us, with or without notice, without liability to you, any other user or any third-party. We reserve the right, subject to applicable law, to terminate your account and your right to use the External Transfer Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of CEFCU and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the External Transfer Service. We reserve the right to charge a fee for the use of the External Transfer Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our External Transfer Service.

Once your account with CEFCU has terminated for any reason, you will have no further right or access to use the External Transfer Service and CEFCU will not access your Accounts thereafter for any reason.

If you fail to log in to eBranch within an eighteen (18) month time frame, you will be deleted from eBranch. Any pending scheduled transfers through this External Transfer Service will be canceled at the time you are deleted from eBranch.

Security Procedures

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

Deviating from Security Procedures

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

Account Number Policy

If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if the account number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and account numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and account numbers.

Means of Transfer

You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. We may select any intermediary financial institution, funds transfer system or means of transmittal to send your funds transfer. Our selection may differ from that indicated in your instructions. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period.

Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. CEFCU is not responsible or liable if your financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, CEFCU shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of CEFCU hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the CEFCU website was not working properly and you knew about the breakdown when you started the funds transfer.

Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL TRANSFER SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS EXTERNAL TRANSFER AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE CEFCU WEB SITE OR IN THIS EXTERNAL TRANSFER AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS EXTERNAL TRANSFER AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EXTERNAL TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless CEFCU, its partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the External Transfer Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this External Transfer Agreement, your violation of the Terms or your infringement, or infringement by any other user of your External Account Funds Transfer account, of any intellectual property or other right of any person or entity.

Miscellaneous

You understand and agree that our service provider is not a bank, a broker-dealer firm or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the External Transfer Service and that you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties in this External Transfer Agreement, the limitations on our liability and our rights to indemnification under this External Transfer Agreement are continuing and shall survive the termination of this External Transfer Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. CEFCU’s failure to enforce the strict performance of any provision of this External Transfer Agreement will not constitute a waiver of CEFCU’s right to subsequently enforce such provision or any other provisions of this External Transfer Agreement.

The most current version of this External Transfer Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the External Transfer Service. This External Transfer Agreement may be amended, or any of CEFCU’s rights waived, only if CEFCU agrees in writing to such changes, or you continue using the External Transfer Service following receipt of notice of any changes proposed by CEFCU. All notices to you shall be in writing and shall be made either via email, conventional mail or messages delivered through the External Transfer Service, at CEFCU’s discretion. All notices to CEFCU must be made in writing and sent to Caltech Employees Federal Credit Union at PO Box 11001, La Cañada Flintridge, CA 91012, Attention: Electronic Services Department. This External Transfer Agreement is personal to you and you may not assign it to anyone.

If either of us has any dispute or disagreement with the other regarding this External Transfer Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association, as required by the terms of the Credit Union’s eBranch Disclosure (Agreement). This External Transfer Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

This External Transfer Agreement shall take effect immediately upon you establishing an External Account for the External Transfer Service.

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Mobile Deposit Capture Agreement

Introduction

This Mobile Deposit Capture Agreement (Mobile Deposit Agreement) contains the terms and conditions for the use of Caltech Employees Federal Credit Union Mobile Deposit Capture (Mobile Deposit) services. Other agreements you have entered into with Caltech Employees Federal Credit Union (CEFCU) governing your CEFCU account, are incorporated by reference and made a part of this Mobile Deposit Agreement.

Services

The Mobile Deposit Capture services are designed to allow you to make eligible check deposits to your savings accounts using an approved device to transmit images of your checks and associated deposit information to CEFCU. Once accepted, your eligible checks will be either processed electronically or converted to substitute checks based on the information provided. Fees, if any, for this Mobile Deposit Service are disclosed in the current Schedule of Fees and are subject to change at the discretion of CEFCU without prior notice to you.

Acceptance of these Terms

Your use of the Mobile Deposit Service constitutes your acceptance of this Mobile Deposit Agreement. This Mobile Deposit Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Mobile Deposit Agreement. Furthermore, CEFCU reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Mobile Deposit Service. Your continued use of the Mobile Deposit Service will indicate your acceptance of any such changes to the Mobile Deposit Service.

Definitions

“Business Day” means Monday through Friday, excluding federal holidays.

“Caltech Employees FCU”, “Credit Union”, “CEFCU” refers to Caltech Employees Federal Credit Union, including its agents and service providers.

“Member Agreement” means collectively the Caltech Employees FCU Membership Disclosure and any other account information provided to you by Caltech Employees FCU from time to time.

“Deposit Account” means a savings account.

“Eligible Checks” mean original paper checks payable to you and meeting the requirements of a check as defined in Federal Reserve’s Regulation CC (Expedited Funds Availability Act) and Caltech Employees FCU’s deposit guidelines.

“Eligible Caltech Employees FCU Account” means the Caltech Employees FCU savings account(s) that meet certain eligibility criteria established by Caltech Employees FCU and that have been enrolled in the Mobile Deposit Service.

“Eligible Device” means a mobile device or other device Caltech Employees FCU may approve as eligible for the Mobile Deposit Service in the future.

“Substitute Check” means a paper check created from an electronic image in accordance with the requirements of Federal Reserve’s Regulation CC.

“You” and “your” refer to the member who has agreed below to the terms and conditions of this Mobile Deposit Agreement.

Limitations of Service

When using the Mobile Deposit Service, you may experience technical or other difficulties. We will not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Mobile Deposit Service, in whole or in part, or your use of the Mobile Deposit Service, in whole or in part, immediately and at any time without prior notice to you.

Hardware and Software

In order to use the Mobile Deposit Service, you must obtain and maintain, at your own expense, a Mobile Device, or other hardware and software necessary for any other Eligible Device Caltech Employees FCU may designate in the future. If Caltech Employees FCU designates any additional Eligible Devices, such Eligible Devices will be indicated on the Caltech Employees FCU website. Caltech Employees FCU assumes no responsibility for defects, failures or incompatibility of any Equipment used in connection with the Mobile Deposit Service, including any third-party software you may need to use the Mobile Deposit Service. Any third-party software is subject to the terms and conditions of the agreement you enter into directly with the third-party software provider at the time of download and installation.

Eligible Items

You agree to photo capture and deposit only checks as that term is defined in Federal Reserve’s Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to CEFCU shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to photo capture and deposit any checks or other items as listed below:

• Checks payable to others (even if endorsed over to you);
• Demand drafts or remotely created checks (i.e., checks lacking the original signature of the person authorizing the check);
• Substitute checks (i.e., paper checks created from an electronic image);
• Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g., where the numerical and written amounts are different);
• Checks that have been previously returned unpaid for any reason;
• Checks drawn on your personal account at the Credit Union;
• Checks that are “non-negotiable” (whether stamped in print or as a watermark);
• Checks that are incomplete;
• Checks that are postdated or more than six (6) months old;
• Checks drawn on a foreign financial institution or payable in a foreign currency;
• Checks you suspect may be fraudulent or not properly authorized;
• Checks that exceed the maximum daily limit set forth below;
• Checks which are otherwise not acceptable under the terms of your Member Agreement.

Caltech Employees FCU’s processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. Additionally, Caltech Employees FCU may refuse any check for deposit, with or without cause.

Hours of Operation; Processing Cut-off Hour; Location Where your Deposits are Considered Made

The Mobile Deposit Service can be utilized by you 24 hours a day, seven days a week, except when the Mobile Deposit Service is unavailable due to needed maintenance or system outages. The Credit Union is not responsible for the unavailability of the Mobile Deposit Service or any damages that may result from its unavailability.

Images of Eligible Checks and associated deposit information received for processing by the Credit Union before 3:00 PM Pacific Time on a business day will be processed on that business day. Images of Eligible Checks and associated deposit information received for processing by the Credit Union after 3:00 PM Pacific Time on a business day or on a Saturday, Sunday or federal holiday will be processed on the next business day.

Availability of Funds

Funds from deposits made through the Service may not be available to you until the 2nd business day after the business day we receive your deposit. In certain cases, such as a large deposit, a re-deposited check or a check we have reasonable cause may be uncollectable, funds may not be available to you until the 7th business day after the business day your deposit is received. In this event, we will send you a notice by the next business day as to when your funds will be made available to you. The first $275 of your deposit, however, will be made available to you on the next business day after your deposit is received.

Deposit Limits

The following deposit limit applies to the deposits to your eligible Caltech Employees FCU accounts through the Service:

 
     $20,000 daily limit
 

You understand that you will not make deposits through the Service in excess of this limit. The Credit Union may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Credit Union reserves the right to change these limits or impose additional limits in its sole discretion from time to time.

Image Quality

The image of an item transmitted to CEFCU using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Check Endorsement Requirements

Prior to photo capturing any check through the Service, you agree to restrictively endorse the original check “For Mobile Deposit Only, Caltech Employees FCU, account#____” or as otherwise instructed by Caltech Employees FCU. You agree to follow all other instructions provided to you by the Credit Union for capturing and transmitting check images and associated deposit information via the Service.

Storage and Destruction of Original Checks

After depositing an Eligible Check through Mobile Deposit, you agree to prominently mark the item as “Electronically Presented” or “VOID” to ensure that it is not represented for payment. And, you agree never to represent (deposit) the item. You agree to retain the item for thirty (30) days after you initially deposit it through Mobile Deposit. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to CEFCU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for CEFCU’s audit purposes. After thirty (30) days, CEFCU recommends destroying the item by shredding it (preferably cross shredding).

Errors

You agree to notify CEFCU of any suspected errors regarding items deposited through the Mobile Deposit Service right away, and in no event later than sixty (60) days after the applicable CEFCU account statement is sent. Unless you notify CEFCU within sixty (60) days, such statement regarding all deposits made through the Mobile Deposit Service shall be deemed correct, and you are prohibited from bringing a claim against CEFCU for such alleged error.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in CEFCU’s sole discretion subject to the depository Member Agreement governing your account.

DISCLAIMER OF WARRANTIES: You agree your use of the Mobile Deposit Service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of the Mobile Deposit services, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and noninfringement. We make no warranty that the Mobile Deposit services (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the Mobile Deposit service will be accurate or reliable, and (iv) any errors in the Mobile Deposit services or technology will be corrected.

LIMITATION OF LIABILITY: You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use, or the inability to use the Mobile Deposit services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this Mobile Deposit service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if CEFCU has been informed of the possibility thereof.

User Warranties and Indemnification

You represent and warrant the following with respect to each image of a check that you transmit through the Mobile Deposit Service:

• You will only transmit Eligible Checks.
• Images will meet the image quality standards.
• You will not transmit duplicate items.
• You will not deposit or represent the original item.
• All information you provide to CEFCU is accurate and true.
• Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, the payee, signature(s), and endorsement(s) on the check are legible, genuine, and accurate.
• Each check that you submit to us for Mobile Deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice.
• Each check was authorized by the drawer in the amount stated on the check and to the payee stated on the check.
• Other than the digital image of a check that you deposit through Mobile Deposit, there are no other duplicate images of the original check
• You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless CEFCU from any loss for breach of this warranty provision.

Returned Items and Right of Chargeback

If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that the Credit Union will return the check to you in the form of a substitute check. In the event that a check that you deposited using Mobile Deposit for credit to your account is dishonored, rejected, or returned for any reason, you authorize us to debit the amount of such check from your account, or offset the amount from any of your other accounts, and impose appropriate fees. You also understand that in the event we cannot offset the amount of the dishonored Item, you will be liable to us for the amount of the dishonored Item and you will be responsible for our collection costs in connection with our efforts to collect the balance due from you, including, but not limited to, our reasonable attorney fees. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a Caltech Employees FCU branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Member Agreement.

Termination or Suspension of Mobile Deposit Capture

The Credit Union may terminate or suspend your use of the Mobile Deposit Service at any time. The Credit Union may terminate or suspend the Mobile Deposit Service without prior notice if the Credit Union, in its sole judgment, believes there has been a breach in the security of the Mobile Deposit Service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this Mobile Deposit Agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Credit Union. Should your use of the Mobile Deposit Service be suspended, the Credit Union may, in its discretion, reconsider your account for eligibility to use the Mobile Deposit Service no sooner than six months after the suspension date.

Amendments

You agree that the Credit Union may change the terms and conditions of this Mobile Deposit Agreement as permitted by law or Credit Union policy. Unless otherwise required by law, the Credit Union may amend this Mobile Deposit Agreement without prior notice to you. If the Credit Union chooses to notify you of an amendment or is required to do so by law, the Credit Union may ask you to agree to an amended version of this Mobile Deposit Agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.

Governing Law

This Mobile Deposit Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this Mobile Deposit Agreement is governed by the laws of the State of California.

Electronic Consent and Acceptance of Terms and Conditions

In order to enroll in the Mobile Deposit Service, you consent to receive and accept the terms and conditions of this Mobile Deposit Agreement, and any amendments to it, electronically. In the event any change to this Mobile Deposit Agreement requires prior notice to you, the Credit Union will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such email where you may view the new or different terms and conditions on a website. In the future, if the Credit Union chooses to provide you with such notices for deposits via the Mobile Deposit Service only by email and not by mail, we will notify you by e-mail. You understand and agree that the Credit Union reserves the right to provide any notices regarding the use of the Mobile Deposit Service to you in printed form.

Consent and Agreement

By agreeing to these terms, you agree: 1) that you have equipment that satisfies the above requirements; 2) to receive information about the Mobile Deposit Service, including this Mobile Deposit Agreement, any amendments to it or any notices regarding the use of the Mobile Deposit Service, electronically; and 3) that you have received an electronic version of this Mobile Deposit Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Mobile Deposit Service can only occur electronically, you understand that you cannot enroll in the Mobile Deposit Service unless you agree. The Credit Union reserves the right to provide information and notices about the Mobile Deposit Service to you by non-electronic means.

Contact Information

Caltech Employees Federal Credit Union
PO Box 11001
La Cañada Flintridge, CA 91012
(818) 952-4444 or (800) 592-3328

Revision Date

August 2026