Mobile Deposit User Agreement (“Agreement”)
This Agreement contains the terms
and conditions for the use of Coral Community Credit Union
(“Credit Union”, “us,” or “we”) Mobile Check Deposit and/or
other Mobile Deposit services that we or our
affiliates may provide to you (“you,” or “User”). Other
agreements you have entered into with us, including the
Membership & Account Agreement, Electronic Funds Transfer
Agreement and other Disclosures governing your account, are
incorporated by reference and made a part of this Agreement.
- Services. The mobile check
deposit services (“Services”) are designed to allow you to
make deposits to your checking, or savings accounts from
your smartphone by taking a picture of the check(s) and
delivering the images and associated deposit information to
us or our designated processor. There is currently no charge
for the Services.
- Acceptance of these Terms. Your
use of the Services constitutes your acceptance of this
Agreement. This Agreement is subject to change from time to
time. We will notify you of any material change via email or
on our website(s) by providing a link to the revised
Agreement. Your continued use of the Services will indicate
your acceptance of the revised Agreement. Further, we
reserve the right, in its sole discretion, to change,
modify, add, or remove portions from the Services. Your
continued use of the Services will indicate your acceptance
of any such changes to the Services.
- Limitations of Service. When
using the Services, you may experience technical or other
difficulties. We cannot assume responsibility for any
technical or other difficulties or any resulting damages
that you may incur. Some of the Services have qualification
requirements, and we reserve the right to change the
qualifications at any time without prior notice. We reserve
the right to change, suspend or discontinue the Services, in
whole or in part, or your use of the Services, in whole or
in part, immediately and at any time without prior notice to
- Eligible items. You agree that
you will not use the Services to deposit any checks or other
items as shown below:
- Checks or items payable to any person or entity other
- Checks or items drawn or otherwise issued by you or any
other person on any of your accounts or any account on which
you are an authorized signer or joint account holder.
- Checks or items containing obvious alteration to any of
the fields on the front of the check or item, or which you
know or suspect, or should know or suspect, are fraudulent
or otherwise not authorized by the owner of the account on
which the check or item is drawn.
- Checks or items previously converted to a substitute
check, as defined in Reg CC.
- Checks or items drawn on a
financial institution located outside the United States.
- Checks or items that are remotely created checks, as
defined in Reg CC.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the
date of deposit.
- Checks or items prohibited by our current procedures
relating to the Services or which are otherwise not
acceptable under the terms of your account.
- Image Quality. The image of an
item transmitted using the Services 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.
- Endorsements and Procedures.
You agree to restrictively endorse any item transmitted
through the Services as “For Deposit only, Account #, Date”
or as otherwise instructed by us. You agree to follow any
and all other procedures and instructions for use of the
Services as we may establish from time to time.
- Receipt of Items. We reserve
the right to reject any item transmitted through the
Services, at our discretion, without liability to you. We
are not responsible for items we do not receive or for
images that are dropped during transmission. An image of an
item shall be deemed received when you receive a
confirmation from us that we have received the image.
Receipt of such confirmation does not mean that the
transmission was error free or complete.
- Availability of Funds. You
agree that items transmitted using the Services are not
subject to the funds availability requirements of Federal
Reserve Board Regulation CC. Funds deposited using the
Services will be available after we receive payment for the
funds submitted. We may make such funds available sooner
based on such factors as credit worthiness, the length and
extent of your relationship with us, transaction and
experience information, and such other factors as we, in our
sole discretion, deem relevant.
- Disposal of Transmitted Items.
Upon your receipt of a confirmation that we have received
the image of an item, you agree to prominently mark the item
as “Electronically Presented” or “VOID” and to properly
dispose of the item to ensure that it is not represented for
payment. And, you agree never to represent the item. You
will promptly provide any retained item, or a sufficient
copy of the front and back of the item, to us as requested
to aid in the clearing and collection process, to resolve
claims by third parties with respect to any item.
- Deposit Limits. We reserve the
right to impose limits on the amount(s) and/or number of
deposits that you transmit using the Services and to modify
such limits from time to time.
- Hardware and Software. In
order to use the Services, you must obtain and maintain, at
your expense, compatible hardware and software as specified
by us from time to time. We are not responsible for any
third party software you may need to use the Services. Any
such software is accepted by you as is and is subject to the
terms and conditions of the software agreement you enter
into directly with the third party software provider at time
of download and installation.
- Errors. You agree to notify us
of any suspected errors regarding items deposited through
the Services right away, and in no event later than 60 days
after the applicable account statement is sent. Unless you
notify us within 60 days, such statement regarding all
deposits made through the Services shall be deemed correct,
and you are prohibited from bringing a claim for such
- Presentment. The manner in
which the items are cleared, presented for payment, and
collected shall be in our sole discretion subject to the
Membership & Account Agreement and Disclosures governing
- DISCLAIMER OF WARRANTIES. YOU
AGREE YOUR USE OF THE SERVICES 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
SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE
MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR
REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN
THE 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 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 SERVICES,
REGARDLESS OF THE FORM OF ACTION OR CLAIM
(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE),
EVEN IF CORAL COMMUNITY CREDIT UNION HAS BEEN INFORMED OF
THE POSSIBILITY THEREOF.
- 16. User warranties and
indemnification. You warrant that:
- You will only transmit eligible items.
- 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 the Credit Union is
accurate and true.
- You will comply with this Agreement and all applicable
rules, laws and regulations.
You agree to indemnify and hold us
harmless from any loss for breach of this warranty