Common use of Statements Clause in Contracts

Statements. • Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statement.

Appears in 6 contracts

Samples: f.hubspotusercontent00.net, www.texastechfcu.org, www.texastechfcu.org

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Statements. • Contents. If we provide the Credit Union provides a periodic statement for your accountaccounts(s), you will receive a periodic statement of transactions and from us describing all activity on your account account(s) during the statement period as required by applicable law. If you have a joint account we are only required to provide a periodic statement to one of the account owners identified on the Account Card. If provided electronically, statements will be sent to the e-mail or other electronic address provided on your Membership Application. If you are signed up for Online Banking and also choose to receive paper statements your account may be charged a fee. You must consent to receive electronic statements. If a valid e-mail address is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of not maintained at the credit union then statements will be converted to paper and may the applicable fee assessed. See Rate and Fee Schedule for details. In consideration of our offering an account in which we safe keep our checks and do not be returned return them, you waive your right to youreceive any such items drawn on or charged to your account and release us from any liability, but copies may be retained by us claims or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available damages for failure to you on the date they are sent send such items to you. You also understand shall be provided a periodic statement listing the items and agree that checks, drafts, or copies thereof are made available all transactions charged to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationaccount. You are responsible for acknowledge that it is your duty and obligation to exercise reasonable care by promptly examining reviewing each periodic statement upon receiving it to verify the accuracy of the information listed thereon. You shall promptly notify us as to any and reporting any irregularities all questions relating to us. If you fail to report any irregularities alterations, forgeries or fraud in connection with such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 thirty (30) days of our mailing the date we sent the periodic statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or and/or charged to your account unless account(s) if notice is not given within this thirty (30) day period. We agree to make copies of checks requested to you notify us upon request, at reasonable charges as set forth in writing within the above time limit for notifying us Schedule. We are under no duty or obligation to retain the originals of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statement.checks or other documentation beyond thirty

Appears in 4 contracts

Samples: Membership Agreement, Membership Agreement, Membership Agreement

Statements. • ContentsWith certain exceptions, we make account statements available to account holders and, if requested, imaged copies of items paid from your account. Statements are normally sent to the last address listed with us for your account and you agree to promptly examine your statements as soon as we make them available to you. If you ask us to hold statements and notices for you, we provide a periodic statement for your account, may mail them to you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable lawor destroy them if they are not picked up within thirty (30) days. If a periodic statement is providedimaged items are not returned with your statement, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. You understand assume full responsibility for monitoring and agree that statements are made available to you on the date they are sent to youreviewing your account activity. You also understand and agree that checksto notify us promptly if you think there is an error or an unauthorized transaction shown on your statement, draftsincluding, forgeries, alterations or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to usunauthorized items. If you fail to report any irregularities such as forgednotify us promptly, altered, unauthorized, unsigned, but no later than thirty (30) days following the statement mailing date or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent make the statement available to you, we will then you agree that you cannot be assert any error, problem or unauthorized transaction or forged, altered or unauthorized item against us and you may become responsible for your lossthe losses resulting from such failure. We also will This notification requirement is without regard to whether we did or did not be liable for use ordinary care and does not otherwise restrict any items that are forged right we have under law or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionother agreements with you. You further agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If if you fail to receive a periodic statement, you agree to notify us within 14 thirty (30) days of making the time statement available to you, then you regularly are precluded from asserting against us any subsequent forged, altered or unauthorized item from the same wrongdoer. If you do not receive your scheduled statement, it is your obligation to promptly notify the Bank of that fact. Statements and notices sent or made available to any of you are deemed to be received by all of you. If we hold them at your request or because you fail to provide us with a statementcurrent address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). We may hold statements if the Post Office notifies us that your mail is undeliverable. At our discretion, we may destroy mail that is returned to us or determined to be undeliverable. We may deny a claim for monetary loss due to forged, altered or unauthorized checks if you fail to follow any of these procedures.

Appears in 4 contracts

Samples: www.mechanicsbank.com, www.mechanicsbank.com, www.mechanicsbank.com

Statements. • ContentsYour duty to report unauthorized signatures, alterations and forgeries. You must examine your statement of account with “reasonable promptness.” If we provide a periodic statement for your accountyou discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will receive a periodic statement of transactions and activity have to either share the loss with us, or bear the loss entirely yourself (depending on your account during whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement period as required but other items with unauthorized signatures or alterations by applicable lawthe same wrongdoer. If You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a periodic total of 30 days from when the statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft first sent or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. Your duty to report other errors. In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error, such as forgedan encoding error. In addition, alteredif you receive or we make available either your items or images of your items, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not be responsible for your loss. We also will not be liable you must examine them for any items that are forged unauthorized or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionmissing indorsements or any other problems. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility time you have to examine your statements statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the time limit statement available precludes you from asserting a claim against us for notifying any errors on items identified in that statement and as between you and us of any errors. The statement the loss will be considered correct for all purposes and we will not be liable for any payment made entirely yours. Errors relating to electronic fund transfers or charged substitute checks. For information on errors relating to electronic fund transfers (e.g., ACH, debit card or ATM transactions) refer to your account unless Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you notify us in writing within the above time limit for notifying us of any errors. If you fail received, refer to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementyour disclosure entitled Substitute Checks and Your Rights.

Appears in 3 contracts

Samples: Membership Agreement and Account Disclosures, Membership Agreement and Account Disclosures, Membership Agreement

Statements. • Contents. If we provide a periodic statement for your account, you We will receive a periodic statement of transactions and make statements reflecting the activity on your account during available to you (“Statements”), either by sending periodic Statements to the statement period as required by applicable law. If a periodic statement address you select or, alternatively, to your address contained in our records (if there is provided, you agree that only more than one (1) statement is necessary for joint multiple party accountsof you, we will send Statements to one (1) address that you select) or by making account information available online. For share draft Statements may or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, be provided but copies may be retained by us or be payable through financial institutions and made area always available upon request with respect to certificate of deposit accounts. We will make communications and notices that your requestStatement is available in the same way. Your statement cycle may vary depending on the product(s) that are associated with your account. You understand and agree that statements to promptly examine your Statements when they are made available to you and to verify that there are no mistakes, we recorded each of your deposits, and the Incoming Items (as defined in Section 7 of this Agreement) identified thereon were authorized. If you need an image or copy of an Incoming Item to do this, you agree to request one promptly. You should not communicate sensitive information to us via unencrypted email. If unauthorized use of your account occurs (e.g., an improper payment, deduction or transfer from your account), if any items deposited into your account are alleged to be forged or altered, or if there is any other discrepancy in your account, you agree to: (i) promptly provide such information as we may request to investigate the problem; (ii) promptly provide such documentation as we may request concerning the problem (including relevant affidavits); and (iii) if relevant, cooperate with us and appropriate law enforcement authorities in recovering any unauthorized payments, deductions or transfers and in prosecuting the perpetrator. If you do not notify us with reasonable promptness, you may be precluded from making a claim against us based on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are error; if more than thirty (30) days pass after the Statement was made available to you, you will be precluded from making a claim based on losses caused by the date same wrongdoer. Unless you give us written notice within sixty (60) days after the statement is sent Statement was made available to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not Statement shall be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered deemed correct for all purposes and we will shall not be liable for any errors shown thereon. No legal proceeding or action may be brought against us to recover payment made in respect of an error unless you: (i) give us written notice as provided above; and (ii) commence the action or charged to your account unless you notify us in writing proceeding within one (1) year after the above time limit for notifying us date of any errorsthe Statement on which the error was reflected. If Statements are returned to us, we may not send further Statements until your address is updated. You must let us know if you fail do not receive or cannot access your Statement. Nothing in this Agreement: (i) is intended to receive limit rights you are granted by law, which cannot be waived; and (ii) applies to preclude you from asserting a periodic statementclaim on which a third party is liable (for example, third party liability for breach of a presentment or transfer warranty). To the extent that we are requested or required to be involved in the assertion of such claim, however, you agree to notify us within 14 days of the time you regularly receive a statementreimburse our costs and expenses (including reasonable attorneys’ fees) in connection therewith.

Appears in 3 contracts

Samples: Commercial Deposit Agreement, Commercial Deposit Agreement, Commercial Deposit Agreement

Statements. • ContentsYou must examine your statement of account with "reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. If we provide a periodic statement for your accountAs between you and us, it you fail to do either of these duties, you will receive have to either share the loss with us, or bare the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement, but other items with unauthorized signatures or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a periodic statement total of transactions and activity on your account during 30 days from when the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft first sent or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, alteredalterations, unauthorized, unsignedforgeries, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60th day limitation is without regard to youwhether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. ACCOUNT TRANSFER – This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS – If, in connection with a direct deposit plan, we will not be responsible deposit any amount in an account which should have been returned to the Federal Government for your lossany reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also will not be liable use any other legal remedy to recover the amount of our liability. TEMPORARY ACCOUNT AGREEMENT – If this option is selected, this is a temporary account agreement. Each person who signs in the space designated for any items that are forged signatures on the signature card (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or altered in a manner not detectable by a reasonable person, including the unauthorized prohibit further use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your this account unless you notify us in writing within the above time limit for notifying us of any errors. If if you fail to receive comply with the requirements we have imposed within a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementreasonable time.

Appears in 3 contracts

Samples: November 2018, November 2018, November 2018

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show the transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property will have a complete understanding of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationeach transaction listed. You are responsible for regularly examining your statement with "reasonable care and promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly examining each statement upon receiving it and reporting any irregularities to usnotify us of the relevant facts. If you fail to report any irregularities such as forgedperform these reviews and notifications, altered, unauthorized, unsigned, you must bear the loss entirely yourself or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days share the loss with us (we may have to share some of the date loss if we sent failed to use ordinary care and if we substantially contributed to the statement loss). The loss you might bear, in whole or part, could be not only with respect to youitems listed on the statement, we will not but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be responsible for your made to recover the loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionbut this is often unsuccessful. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility time you have to examine your statements statement and report to us will depend on the circumstances, but you will not, in any circumstance, have a total of more than thirty (30) days from when we first send or make the time limit for notifying us of any errorsstatement available to you. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If You further agree that if you fail to report any unauthorized signatures, alterations, or any other errors in your account within sixty (60) days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This sixty-day limitation is without regard to whether we exercised ordinary care. Contact us if you do not receive your regular statement. You may receive your statement in paper or electronic form, based upon your agreement with us. If this is a periodic statementbusiness account, you agree that you will have at least two (2) people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to notify transact business on the account. ACCOUNT TRANSFER: This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS: If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us within 14 days to deduct the amount of our liability to the time Federal Government from the account or from any other account you regularly receive a statementhave with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

Appears in 3 contracts

Samples: Deposit Account Terms and Conditions, Deposit Account Terms and Conditions, Deposit Account Terms and Conditions

Statements. • Contents. If we provide a periodic statement for your account, you You will receive a periodic statement concern- ing your activity, or, if you agree, an electronic notice of transactions and activity on the availability of your account during the statement period as required by applicable lawstatement, at least quarterly. If a periodic statement is provided, you You agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may items we have paid are not be returned to you, but you may obtain copies may be retained by us or be payable through financial institutions and made available upon your requestof some items at such fees as set forth in the Fee Schedule. You understand and agree that sending peri- odic statements are made available to you on the date they are sent a single street location, post office box or electronic address constitutes notice to you. You also understand may change the address specified in our records for where to send statements. You agree to examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized transactions, signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. You agree that checksthe time you have to examine your statement and report to us will depend on the circumstances, draftsbut will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If further agree that if you fail to report any irregularities such as forgedunauthorized signatures, alteredalterations, unauthorized, unsignedforgeries, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is with- out regard to you, whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section and in the Uniform Commercial Code for the District of Columbia. Transactions processed to your account in error will be cor- rected as soon as such error has been identified and we will not be responsible for advise you accordingly. You have no right or claim to any funds deposited to your loss. We also will not be liable for any items that are forged or altered account in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionerror. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying you will inform us immediately of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged change to your account unless you notify residential and/or mailing address, includ- ing email address, by writing to us in writing within the above time limit at 0000 X Xx. XX, Xxxxx 000, Xxxxxxxxxx, XX 00000-0000. Your notification to us must contain your authorized signature and a contact telephone number for notifying verification. You may also contact us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementat 000-000-0000.

Appears in 2 contracts

Samples: bfsfcu.org, bfsfcu.org

Statements. • Contents. If we provide a periodic statement for your account, you You will receive a periodic statement from us, or notice of transactions and the availability of your statement describing all activity on your account account(s) during the statement period as required by applicable law. If a The periodic statement is providedwill list all account and/ or loan information as described in this Agreement. If you have a multiple party account we are only required to provide one periodic statement to any of the account Owners identified on the Membership Application. If provided electronically, you agree will be sent a notice via e-mail that only one (1) statement is necessary for joint multiple party accountswill direct you to a site we maintain or cause to be maintained where you may access, review, print and otherwise copy / download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any Owner. For share draft or checking accounts, you : You understand and agree that your that, when processed by us or our agent(s), the original check or draft, when paid, other Instrument becomes our property of the credit union and may will not be returned to you, but copies . We have no obligation to retain the originals of any checks or other documentation. Copies may be retained by us us, our agent, or another pay- able through institution, which may be payable through financial institutions and made available upon your requestto you for a fee as set forth in the Schedule. Your Duty of Examination: You understand and agree that periodic statements are made available to you on the date they are sent mailed by us or our agent or otherwise made available to you. You also understand acknowledge and agree that checks, drafts, or copies thereof checks and other Instruments are also made available to you for review on the date the periodic statement is sent mailed or otherwise made available to you, even if the checks or drafts though they do not accompany the statement. • Examinationstate- ment. You are responsible further agree that it is your duty and obligation to carefully and promptly review each periodic statement to verify that each Transaction is authorized and accurate. We will have no responsibility or liability whatsoever for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, improperly endorsed, improperly encoded or otherwise fraudulent items drawn on your account, erroneous payments inaccurate Transaction or transactions, or other discrepancies reflected on your statement item if: (1) you do not notify us in writing within 33 sixty (60) days of the mailing date we sent or otherwise made available of the earliest periodic statement to youcontain- ing information about or indicating any forgery, we will not be responsible for your loss. We also will not be liable for alteration, unauthorized signature or Transaction, missing signature, improper or missing endorsement, encoding error or other inaccuracy; or (2) any items that checks or instruments are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machinesignature. • Notice You accept responsibility for any account discrepancy not reported during the sixty (60) day period. Send written notice to Cyprus Federal Credit Union; X.X. Xxx 0000; Xxxx Xxxxxx, Xxxx 00000 or xxxxxxxxxxxxx@xxxxxxxx.xxx. The Credit Union reserves the right to charge for statements. Your Duty to Notify Us: You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The information in each statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account have no liability whatsoever unless you notify us in writing within the above time limit for notifying us of any errorsdescribed in this section. If you fail to do not receive a periodic statement, you agree to notify us in writing within 14 fourteen (14) days of the time date that the statement is usually sent by us. If you regularly receive a statementdo not so notify us, you will be deemed to have received the statement for all purposes. Fiduciary Accounts: Statements will be provided to the fiduciary upon any trust, custodial or other fiduciary or representative account; and the requirements of this paragraph will be binding on all parties in interest with regard to such accounts pursuant to such delivery.

Appears in 2 contracts

Samples: www.cypruscu.com, www.cypruscu.com

Statements. • Contents. CONTENTS If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for a joint multiple party accountsaccount. For share draft or checking accounts, you understand and agree that your original check or draftcheck, when paid, becomes property of the credit union Credit Union and may not be returned to you, but copies . Copies that we may retain or are payable through any other financial institutions may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent mailed to you. You also understand and agree that checks, drafts, checks or copies thereof are made available to you on the date the statement is sent mailed to you, even if the checks or drafts do not accompany the statement. • Examination. EXAMINATION You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your lossaccount if you fail to notify us within thirty (30) calendar days of the mailing date of the earliest statement regarding any forgery, alteration or unauthorized signature on any item described in the statement. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. NOTICE TO CREDIT UNION You agree that the credit unionCredit Union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, statement you agree to notify us within 14 fourteen (14) calendar days of the time you regularly receive a statement. INACTIVE ACCOUNTS If your account falls below any applicable minimum balance and/or you have not made any transactions over a period specified in the Truth- in-Savings/Savings and Checking Disclosure, we may classify your account as inactive or dormant. Unless prohibited by applicable law, we may charge a service fee set forth in the Fee Schedule Disclosure for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address/email address via your account statement. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and suspend any further account statements.

Appears in 2 contracts

Samples: www.westerndivision.org, www.westerndivision.org

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If Your statement will show the transactions that occurred in connection with your accounts during the statement period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as it is made so that when we provide a periodic statement for your accountgive you the information in the statement, you will have a complete understanding of each transaction listed. You may receive a periodic your statement of transactions and activity on in paper or electronic form, based upon your account during the statement period as required by applicable lawagreement with us. If a periodic statement is provided, you You agree that only one you will have at least two (12) statement is necessary for joint multiple party accounts. For share draft people review your statements, or checking accountsin the alternative, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may person who reviews these will be someone who does not be returned have authority to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you transact business on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationaccount. You are responsible for regularly examining your statement with reasonable care and promptness. If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly examining each statement upon receiving it and reporting any irregularities to usnotify us of the relevant facts. If you fail to perform these reviews and notifications, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss). The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss, but this is often unsuccessful. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but you will not, in any circumstance, have a total of more than thirty (30) days from when we first send or make the statement available to you. You further agree that if you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 sixty (60) days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This sixty-day limitation is without regard to whether we exercised ordinary care. Contact us if you do not receive your regular statement. If an error is discovered in any account in which we have failed to debit or credit you appropriately, your sole remedy shall be that we will credit your account in the amount necessary to correct the error plus interest, if any, that you would have earned on that amount during the period from and including the date of the error through the date that is the earlier of (i) the date we sent make the correcting credit, or (ii) 30 days after from when we first send or make the statement available to you. If you do not notify us of the occurrence within 30 days from when we first send or make the statement available to you, we will not owe you interest on the amount in question even if we are otherwise liable to you in connection with the payment or transfer, or are obligated to credit you for all or any portion thereof, nor will we be responsible liable for any other losses resulting from your lossfailure to notify us. ACCOUNT TRANSFER: Your accounts may not be transferred or assigned without our prior written consent. RIGHT OF SETOFF: We may (without prior notice and when permitted by law) set off the funds in any accounts where you maintain a right of withdrawal against any due and payable debt you owe us now or in the future. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the obligation at the time we set off, including any amount we declare due and payable by acceleration of the obligation. Further, you grant us a security interest in each of your accounts to secure all such due and payable debt. We also will not be liable for the dishonor of any items that are forged item when the dishonor occurs because we set off a debt against an account or altered otherwise realized on our security interest in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionan account. You agree that the credit union's retention to hold us harmless from any claim arising as a result of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us our exercise of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us our right of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementsetoff.

Appears in 2 contracts

Samples: www.firstib.com, www.firstib.com

Statements. • ContentsThe statements for transaction accounts (such as checking and NOW accounts) are normally issued on a monthly basis and the savings account statements are on a quarterly basis as of each quarter end unless the savings account has an electronic funds transfer where the savings account statement will be issued with a monthly statement. If we provide a periodic An account statement for will be normally sent to you at your account, current address listed on our records. Statements will be sent via ordinary U.S. mail unless you and the Bank agree otherwise. We will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that send only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to youper account, even if that account has more than one owner. With certain exceptions, we provide account holders with statements listing their account transactions. You assume full responsibility for acts of omission of the members of your household, your employers, agents or accountants. You will be deemed negligent in the handling of your account if you delegate the tasks of preparing checks or drafts do not accompany and of reviewing your statement to the statement. • Examinationsame individual. You are responsible for promptly examining your statement for each statement upon receiving it period and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The periodic statement will be considered correct for all purposes and we will not be liable for any payment made or and charged to your account unless you notify us in writing within certain time limits after the above statement and checks are made available to you. If you have requested us to hold your account statements, it will be deemed as though the statement was made available to you on the day when we received the statement. If we truncate your checks, you understand that your original checks will not be returned to you with your statement. You agree that our retention of checks does not alter or waive your responsibility to examine your statements or change the time limit limits for notifying us of any errors. If You assume full responsibility for notices, vouchers, checks, items, statements and other documents which are lost, destroyed or stolen while in the mail or from you fail to receive or a periodic statement, you third party. You agree to notify promptly return any checks or other items to us within 14 days which do not belong to you. If three consecutive statements and/or notices are returned to us by the Postal Service for any reason, we may stop mailing your statement or close your account if you did not inform us for change of address and you cannot be contacted by us. In this case, the time returned statements and notices will be destroyed by us and a cashier’s check will be mailed to the address we have on file for you regularly receive a statementfor the balance remaining in your account.

Appears in 2 contracts

Samples: www.shbamerica.com, shbamerica.com

Statements. • Contents. If we We will provide you with a periodic statement showing the account activity. We will send the statement to the address in our records for you, and you are considered to have received the statements upon mailing, whether or not you actually receive them. If you have asked us to hold your accountstatement we may refuse your request, but if we agree, you will receive a periodic are considered to have received the statement when we make it available for you to pick up regardless of whether it is picked up or by whom. You must examine your statement of transactions and activity on your account during immediately upon receipt of the statement period as required by applicable law. If a periodic statement or after it is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and otherwise made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand acknowledge and agree that checksour statements provide sufficient information to determine the identification and authenticity of any transaction including but not limited to, draftswhether any are forged, altered or copies thereof are made available to you on unauthorized if the statement includes the Item number, amount and the date the statement Item posted to your account. Notwithstanding the foregoing, if your account is sent an account, such as a savings account, that does not provide the Item number, the amount and the date the Item posted to youthe account are sufficient information to determine if there is an error or the transaction is not authorized. If you discover (or reasonably should have discovered) any unauthorized payments, even if alterations, errors, or Items that are otherwise not properly payable, you must promptly notify us in writing of the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to usrelevant facts. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on examine your statement within 33 days of the date we sent the statement to youand notify us, we will not be responsible for your lossany loss suffered by you. We The loss could be not only with respect to Items on the statement but also will not be liable for any items that are includes other Items forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionsame wrongdoer. You agree that the credit union's retention time you have to examine your statement and report to us will depend on the circumstances, but that such time will not, in any circumstance, exceed a total of checks thirty (30) days from when the statement is mailed or drafts does otherwise first made available to you. If an Item was altered or drawn without authorization, and it was done so cleverly that a reasonable person could not alter detect it, and we were not negligent in any way, you will not hold us responsible for the loss. You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, Items that are not otherwise properly payable, or waive errors in your account, including any deposits for which you have not received credit, within sixty (60) days of when we make the statement available, you cannot assert a claim against us on any Item(s) in or described on that statement or any errors, and the loss will be entirely yours. This sixty (60) day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. If you do not receive a statement from us, it is your responsibility to examine your statements or the time limit for notifying advise us of any errors. The statement will be considered correct for all purposes and we will that you did not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errorsreceive a statement. If you fail to do not receive a periodic statementstatement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements after you supply us with a proper address. If unauthorized transactions are posted to your account, you agree to notify assist us within 14 days in investigating the unauthorized transactions to determine the person or persons that initiated the transactions. Your assistance includes, but is not limited, to providing a statement under oath to us, cooperating with us in the prosecution of your claim, and filing reports and complaints with the appropriate law enforcement authorities. If you refuse or fail to assist us, we will consider your refusal as a withdrawal of your complaint and your acknowledgement that the transactions in question are valid and authorized. If you are a business and we have offered fraud detection or prevention processes, procedures, and systems to you, such as the positive pay service, and you refuse to use such services, you agree that you are precluded from making a claim that a transaction that could have been detected or prevented through the use of the time service, is not authorized. You shall not initiate any legal proceeding or action against us for any claim which you regularly receive may have regarding any such errors, discrepancies or irregularities, including, but not limited to those listed above unless: a) you have given the written notice described above; and b) such legal proceeding or action has been commenced within one year after the date when such statement or advice was mailed or made available to you. Notwithstanding the foregoing, you agree to monitor the transactions on your account each Business Day and advise us before 1:00 p.m. central if any unauthorized electronic Item(s) has been debited to your account or if your account has been debited as settlement for a statementfunds transfer that you did not originate. Unless prohibited by law, you agree to be liable for the amount of any unauthorized electronic Item(s) or unauthorized funds transfer settlement that could have been returned or reversed if you had provided us with timely notice.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Statements. • Contents. If we provide Statements are a periodic valuable tool to help prevent fraudulent or mistaken transfers.Your statement for your account, you will receive a periodic statement of show the transactions and activity on that occurred in connection with your account during the statement period period. Your duty to report unauthorized signatures, alterations and forgeries - Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment).You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have some responsibilities in connection with your xxxxxxxxx.Xxx must examine your statement with “reasonable promptness.” Also, if you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself or share the loss with us.The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstance, have a total of more than 20 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such unauthorized signatures, alterations or forgeries in your account within 20 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as forgedbetween you and us the loss will be entirely yours.This 20-day limitation is without regard to whether we exercised ordinary care.The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us if you do not receive your regular statement. If this is a business account, alteredyou agree that you will have at least two people review your statements, unauthorizednotices, unsignedand returned checks, or otherwise fraudulent items drawn in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account. Additionally, if we recommend that you close your account and you do not do so, we are not liable to you for subsequent losses on the account due to forgery or other fraud, and we may require, as a condition of keeping your account open, that you indemnify us against any claims, liability, loss or expense we incur because you did not close your account. Your duty to report other errors - In addition to the Commercial Code and other state law, erroneous payments or transactions, or other discrepancies reflected on you agree there is a common law duty to promptly review your statement within 33 days of the date we sent the for errors in addition to unauthorized signatures, alterations or forgeries. Promptly reviewing your statement is valuable to youboth you and us because it can help identify, we will not be responsible for correct and prevent future mistakes. In addition to your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice duty to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine review your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes unauthorized signatures, alterations and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statementforgeries, you agree to notify us within 14 days of examine your statement with reasonable promptness for any other error - such as an encoding xxxxx.Xxx agree that the time you regularly receive have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed 20 days. Failure to examine your statement and report any such errors to us within 20 days of when we first send or make the statement available may preclude you from asserting a statementclaim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. If a good reason kept you from telling us, we may extend the 20 day time period to report other errors. Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.

Appears in 1 contract

Samples: www.homestreet.com

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover, or reasonably should have discovered any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself. The loss you might bear, in whole or in part, could be not only with respect to items listed on the statement but also other items with unauthorized signatures or alteration by the same wrongdoer. Upon notification the Bank will open an investigation and notify you of the outcome. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstances, have a total of more than 60 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent any other errors in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items drawn in that statement. This 60-day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us by calling 000-000-0000 if you do not receive your regular statement or to report any irregularities. You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. We will provide all future notices by posting them on the website. At your accountrequest, erroneous payments we will provide you with a paper copy of any of the documents posted electronically without any fee by calling us at 000-000-0000. The bank cannot guarantee the receipt of the notices. Fees for the Internet Banking Service The Internet Banking service is available to our existing personal deposit account customers at no monthly charge for all the account information services and transfers. We reserve the right to change our fee schedule from time to time and your account will be charged in accordance with the new fee schedule after giving you proper notification. UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BANKING ID OR PASSWORD If you believe your Internet Banking ID or transactions, Password or other discrepancies reflected on means of access have been lost or stolen or that someone has used them without your statement authorization, call us immediately at 815-567-3322 or write to us at: Campus State Bank Attn: Internet Banking 000 Xxxxxx Xx. XX Xxx 000 Campus, Il 60920 Immediately contacting us by phone is the best way of reducing your possible losses, since not all mail may arrive at their destinations in a timely manner. If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows: · If you contact us within 33 two business days of the date loss or your discovery of the loss, you can lose no more than $50.00 if someone used your Access ID and Password without your permission. · If someone else used your Access ID and Password without your permission, you could lose as much as $500 if you do not contact us within two business days after you learn of the loss and we sent can prove that we could have prevented the loss if you had contacted us. · If your statement shows transfers or payments that you did not make, notify us at once. If you do not tell us within sixty (60) days after the first statement showing such a transfer was mailed to you, you may not get back any funds lost after the 60 days, if we will not be responsible for can prove your losscontacting us would have prevented those losses. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. · If you fail have given someone your Access ID and Password or other means of access and want to receive a periodic statementterminate that person's authority, you agree must change your identification number and Password or other means of access or take additional steps to notify us within 14 days of the time you regularly receive a statementprevent further access by such person.

Appears in 1 contract

Samples: Internet Banking Agreement

Statements. • Contents. If we provide a Monthly or periodic statement for your account, you statements will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you through the Increase Services. You must examine your statement of account with reasonable promptness and report any errors or discrepancies to the Bank. If you discover (or reasonably should have discovered) any unauthorized activity, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the date they are statement but other items with unauthorized activity by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized activity in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this Section. In addition to your duty to review your statements for unauthorized activity, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as forgedan encoding error or an unexpected deposit amount. Also, alteredif you receive or we make available either your items or images of your items, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not be responsible for your loss. We also will not be liable you must examine them for any items that are forged unauthorized or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionmissing endorsements or any other problems. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility time you have to examine your statements statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the time limit statement available precludes you from asserting a claim against us for notifying any errors on items identified in that statement and as between you and us of any errors. The statement the loss will be considered correct entirely yours. If you are using a Consumer Bank Account, please refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution for all purposes information on errors relating to electronic fund transfers (e.g., on-line, mobile, debit card or ATM transactions on consumer accounts). For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and we Your Rights. Duty to Notify if Statement Not Received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your Bank Account, such as possible fraud or identity theft. If you make a claim asserting an unauthorized transaction or similar issues with your Bank Account, or if the Bank suspects that the Bank Account may be compromised, the Bank may close the Bank Account. For Business Bank Accounts only, if you decline to close the Bank Account following a recommendation of the Bank and instead continue to utilize the same, you agree that the Bank will not be liable to you for any payment made subsequent losses or charged damages on the Bank Account due to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementunauthorized activity.

Appears in 1 contract

Samples: Internet Bank Account Agreement

Statements. • Contents. If we provide you with a periodic statement for your accountnotice or statement, electronically or otherwise, you will receive a periodic statement of transactions must promptly and activity on your account during the statement period carefully review it as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made soon as we make it available to you on to determine if any errors or problems exist . Your statements will be deemed to provide sufficient information about your checks and other transactions for you to determine whether there was an error or unauthorized transaction if the statements provide you with the check or transaction number, the amount, and the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationof payment . You are responsible for promptly examining each statement upon receiving it in the best position to discover and reporting report any irregularities errors or unauthorized transactions involving your account. You agree to usnotify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement, notice or check. If you fail to report do so, you may become responsible for the losses resulting from such failure. If you fail to notify us promptly, but no later than 60 daysfollowingtheearlier of thestatementmailingdate or thedate we makethestatement available to you, then you agree that you cannot assert any irregularities such as error, problem or unauthorized transaction or forged, alteredaltered or unauthorized item against us. This 60-day limitation is without regard to whether we did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with you . You further agree that if you fail to notify us within 14days of making the statement available to you, unauthorizedthen you are precluded from asserting against us the error, unsignedproblem, unauthorized transaction or otherwise fraudulent items drawn on forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item from the same wrongdoer. If you claim a credit or refund because of an error or unauthorized transaction, you agree to provide us with a declaration containing reasonable information we require regarding your account, erroneous payments the transaction, and the circumstances surrounding the claimed loss . We must receive your declaration within 10 days of our request . Unless otherwise prohibited by law, and if applicable, you also agree to make a report to the police and to provide us with a copy of the report, upon any claimed loss . During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e .g ., in connection with certain consumer electronic fund transfer services) . Xxxxxxxx a consumerand suspect a problem with a substitutecheck,notify us of yoursuspicions. Forthese purposes,the terms“consumer” and “substitute check” are used as defined in Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreementforinformation on rights you may have with respect to substitute checks. If you are a consumer and suspect a problem with an electronic fund transfer to or transactionsfrom your Consumer Account, see the “Electronic Fund Transfer Disclosure” in this Agreement for information on rights you may have with respect to these transfers . If you are a business, you agree not to entrust the writing of checks and the reconcilement and review of your periodic statements and notices to the same person without frequent monitoring. We may deny a claim for monetary loss due to forged, altered or other discrepancies reflected unauthorized checks if you fail to follow these procedures . Statements and notices are normally sent to the last address listed with us for your account. Notify us promptly if you do not receive your statement by the date you normally would expect to receive it. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unlessotherwise agreed, you waive any right toreceive any original item after it is paid. Statements and notices sent or made available to any of you are deemed to be received by all of you. If we hold them at your request or because you fail to provide us with a current address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). At our discretion, we may destroy mail that is returned to us or determined to be undeliverable . We will charge you a Mailed Statement fee if you receive a printed paper statement. See the Fee Schedule (“Mailed Statement Fee”). Stop Payment Orders Your or your authorized signer on your statement within 33 days account may request us to stop payment on a check or transaction. To place a stop payment order, please visit a branch or call us at 000-000-XXXX (2262). To place a stop payment order, you must provide us with timely, complete and accurate information on: the number of the account in question; the date of the item; the item number; the payee information; the EXACT amount of the item (dollars and cents); and/or any other information we sent the statement to yourequire. If any information is untimely, incomplete or incorrect, we will not be responsible for your lossfailing tostoppayment. Inorderto be effective,you mustsubmitthe stop paymentrequestbefore the check or transaction is presented for payment . We also will not be liable for any items that are forged paying a check or altered transaction over a stop payment order if the order is incomplete or incorrect. We must receive stop payment orders at a time and in a manner not detectable by which affords us a reasonable personopportunity to act upon them, before it is guaranteed or finally paid by us . You may furnish the stop payment order orally or in writing . If you give us an oral stop payment order, then it will be effective for 14days. The stoppayment order will expire at theend of 14 daysunless you give us written notice of the stop payment order . Upon confirming the order in writing, the order will remain in effect for six months and must be renewed by you every six months to remain in effect . Ifyou do notrenewthe stoppaymentorderwhen it expiresandtheitem is presented forpayment, we maypaytheitemand charge it to youraccount. There is a charge foreach stoppaymentorder and renewal order requested. See Fee Schedule (“Stop Payment - Order/Renew Fee”). In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item . If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payeeand/orany otherholder of yourcheck. Youalsoagreetocooperate fullywith us in anylegal actions that we subsequently take against such persons . Anyone holding the check, including the unauthorized use of a facsimile signature machineBank, may be entitled to enforce payment against you despite the stop payment order. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit Except for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statementtransactions governed by Regulation E (see section titled Electronic Fund Transfer Disclosure), you agree to notify indemnify, defend, and hold us within 14 days harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. This provision shall survive the termination of this Agreement . You may not stop payment on point-of-sale debit card transactions, or checks or payments guaranteed by us . You should contact us if you wish to stop the payment of a cashier’s check or a check that has been converted to an electronic transaction by a merchant . Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order. Substitute Checks You agree not to deposit substitute checks, as described below, or checks bearing a substitute check legal equivalence statement (“This is a legal copy of your check. You can use it the same way you would use the original check .”) to your account without our prior written consent . Unless we agree otherwise in writing, our acceptance of such checks shall not obligate us to accept such items at a later time, and we may cease doing so without prior notice. If we approve the deposit of substitute checks, you agree to indemnify,defend and hold us harmless from all losses, costs, claims, actions, proceedings and attorney’s fees that we incur as a result of such checks, including without limitation, any indemnity or warranty claim that is made against us because: (a) the check fails to meet the requirements for legal equivalence, (b) a claimant makes a duplicate payment based on the original check, the substitute check, or a paper or electronic copy of either; or (c) a loss is incurred due to the receipt of the time you regularly receive substitute check rather than the original check . Upon our request, youagreetoprovide us promptlywith theoriginal check or a statementcopythataccuratelyreflectsall of the information on the front and back of the original check when it was truncated. We may convert original checks to substitute checks . The following notice applies to Consumer Accounts and supersedes, where inconsistent, other terms in this Agreement with respect to substitute checks .

Appears in 1 contract

Samples: Deposit Account Agreement

Statements. • Contents. If we provide a periodic statement for your account, you You will receive a periodic statement concerning your activity, or, if you agree, an electronic notice of transactions and activity on the avail- ability of your account during the statement period as required by applicable lawstatement, at least quarterly. If a periodic statement is provided, you You agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may items we have paid are not be returned to you, but you may obtain copies of some items at such fees as set forth in the Fee Sched- ule. You agree that sending periodic statements to a single street location, post office box or electronic address constitutes notice to all of you and that any of you may change the address spec- ified in our records for where to send statements. You agree to examine your statement of account with “reasonable prompt- ness”. If you discover (or reasonably should have discovered) any unauthorized transactions, signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depend- ing on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be retained not only with respect to items on the statement but other items with unau- thorized signatures or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized sig- natures, alteredalterations, unauthorized, unsignedforgeries, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of when we first send or make the date state- ment available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we sent used ordinary care. The limitation in this paragraph is in addition to that contained in the statement first paragraph of this sec- tion and in the Uniform Commercial Code for the District of Columbia. Transactions processed to you, your account in error will be corrected as soon as such error has been identified and we will not be responsible for advise you accordingly. You have no right or claim to any funds deposited to your loss. We also will not be liable for any items that are forged or altered account in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionerror. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying you will inform us immediately of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged change to your account unless you notify residential and/or mailing address, including email address, by writing to us in writing within the above time limit at 0000 X Xx., XX, Xxxxx 000, Xxxx- xxxxxx, X.X. 00000-0000. Your notification to us must contain your authorized signature and a contact telephone number for notifying verification. You may also contact us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementat 000 000 0000.

Appears in 1 contract

Samples: Share Account Agreement

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover, or reasonably should have discovered any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself. The loss you might bear, in whole or in part, could be not only with respect to items listed on the statement but also other items with unauthorized signatures or alteration by the same wrongdoer. Upon notification the Bank will open an investigation and notify you of the outcome. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstances, have a total of more than 60 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first send or make the statement available, you cannot assert a claim against us on any items in that statement. This 60-day limitation is without regard to youwhether we exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us by calling 000-000-0000 if you do not receive your regular statement or to report any irregularities. You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. We will provide all future notices by posting them on the website. At your request, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in provide you with a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us paper copy of any errorsof the documents posted electronically without any fee by calling us at 231-861-2123. The statement will be considered correct for all purposes and we will bank cannot be liable for any payment made or charged to your account unless you notify us in writing within guarantee the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days receipt of the time you regularly receive a statementnotices.

Appears in 1 contract

Samples: Internet Banking Agreement and Disclosure Agreement

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover, or reasonably should have discovered any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself. The loss you might bear, in whole or in part, could be not only with respect to items listed on the statement but also other items with unauthorized signatures or alteration by the same wrongdoer. Upon notification the Bank will open an investigation and notify you of the outcome. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstances, have a total of more than 60 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first send or make the statement available, you cannot assert a claim against us on any items in that statement. This 60-day limitation is without regard to youwhether we exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us by calling 000-000-0000 if you do not receive your regular statement or to report any irregularities. You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. We will provide all future notices by posting them on the website. At your request, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in provide you with a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us paper copy of any errorsof the documents posted electronically without any fee by calling us at 000-000-0000. The statement will be considered correct for all purposes and we will bank cannot be liable for any payment made or charged to your account unless you notify us in writing within guarantee the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days receipt of the time you regularly receive a statementnotices.

Appears in 1 contract

Samples: Internet Banking Agreement and Disclosure Agreement

Statements. • ContentsStatements will periodically be provided to you by email as long as your Account is active. If we provide a periodic You will not receive paper statements. You agree to notify us promptly if you do not receive your statement for your accountby the date, you will normally would expect to receive it. You agree that the statements have been delivered or made available to you in a periodic statement of transactions reasonable manner. You have a duty to review your Account statements. You agree to review and activity on to examine your receipts and account statements and to reconcile your Account daily using reasonable care and to promptly report any discrepancy between your records and the information provided in your account during the statement period and any errors or problems to us. Except as required provided by applicable law. If a periodic statement is provided, you agree that only one (1) we are not required to provide you with a separate notice of incoming or outgoing Wire Transfers and you should review your statement is necessary for joint multiple party accountsany discrepancies, unauthorized transactions, or errors in connection with any transaction. For share draft or checking accountsIf you choose not to receive your statements, you understand remain responsible to review and report any errors. If you are absent from your Account mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report them in accordance with the terms of this Agreement. You agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized signatures, alterations, or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us, the loss will be entirely yours. This 60−day limitation is without regard to whether we used ordinary care. In addition to your duty to review your statements for unauthorized signatures, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error such as forgedan encoding error. In addition, alteredif you receive or we make available either your items or images of your items, unauthorizedyou must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, unsignedthis time will not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and, or otherwise fraudulent items drawn on your accountas between you and us, erroneous payments or transactions, or other discrepancies reflected the loss will be entirely yours. You further agree that if you fail to report any unauthorized transaction on your statement to us within 33 10 days of the date we sent from when the statement is postmarked or otherwise made available to you, whichever is earlier, we will not be responsible for your loss. We required to pay interest on any unauthorized, erroneous or other Wire Transfer or Funds Transfer request or on any refund to which you may be entitled and you will also will not be liable to us for any items that are forged damages or altered in losses we may incur as a manner not detectable by a reasonable person, including the unauthorized use result of a facsimile signature machine. • Notice your failure to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or notify us within the time limit for notifying us period stated in this section. Because you are in the best position to discover an unauthorized transaction, you agree that, without regard to care or lack of any errors. The statement will be considered correct for all purposes and care by either you or Bank, we will not be liable for any unauthorized transaction reflected on your statement that is not reported within 60 days of the statement issuance date, subject to applicable law and payment made or charged to network rules. We will only credit your account unless for errors or problems as required by law. Email us immediately with errors or questions about electronic transfers at xxxxxxx@xxxxxx.xxx. If you notify tell us orally, you must submit your complaint or question in writing within the above time limit for notifying us of any errors10 business days. If you fail to receive a provide us with timely notice of an error or problem in your periodic statement, we will investigate the matter and notify you agree to notify us within 14 days of the results within a reasonable amount of time. The exact time you regularly receive a statementwill depend on the specific circumstances of the error or problem. You may ask for copies of the documents that we used in our investigation.

Appears in 1 contract

Samples: Account and Cardholder Agreement

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Statements. • ContentsStatements will periodically be provided to you by email as long as your Account is active. If we provide You will not receive paper statements. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. You agree that the statements have been delivered or made available to you in a periodic statement for reasonable manner. You have a duty to review your account, you will receive a periodic statement of transactions Account statements. You agree to review and activity on to examine your receipts and account statements and to reconcile your Account daily using reasonable care and to promptly report any discrepancy between your records and the information provided in your account during the statement period and any errors or problems to us. Except as required provided by applicable law. If a periodic statement is provided, you agree that only one (1) we are not required to provide you with a separate notice of incoming or outgoing Wire Transfers and you should review your statement is necessary for joint multiple party accountsany discrepancies, unauthorized, transactions or errors in connection with any transaction. For share draft or checking accountsIf you choose not to receive your statements, you understand remain responsible to review and report any errors. If you are absent from your Account mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report them in accordance with the terms of this Agreement. You agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized signatures, alterations, or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us, the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. In addition to your duty to review your statements for unauthorized signatures, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error such as forgedan encoding error. In addition, alteredif you receive or we make available either your items or images of your items, unauthorizedyou must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, unsignedthis time period will not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and, or otherwise fraudulent items drawn on your accountas between you and us, erroneous payments or transactions, or other discrepancies reflected the loss will be entirely yours. You further agree that if you fail to report any unauthorized transaction on your statement to us within 33 10 days of the date we sent from when the statement is postmarked or otherwise made available to you, whichever is earlier, we will not be responsible for your loss. We required to pay interest on any unauthorized, erroneous or other Wire Transfer or Funds Transfer request or on any refund to which you may be entitled and you will also will not be liable to us for any items that are forged damages or altered in losses we may incur as a manner not detectable by a reasonable person, including the unauthorized use result of a facsimile signature machine. • Notice your failure to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or notify us within the time limit for notifying us period stated in this section. Because you are in the best position to discover an unauthorized transaction, you agree that, without regard to care or lack of any errors. The statement will be considered correct for all purposes and care by either you or Bank, we will not be liable for any unauthorized transaction reflected on your statement that is not reported within 60 days of the statement issuance date, subject to applicable law and payment made or charged to network rules. We will only credit your account unless for errors or problems as required by law. Email us immediately with errors or questions about electronic transfers at xxxxxxx@xxxxxxx.xxx. If you notify tell us orally, you must submit your complaint or question in writing within the above time limit for notifying us of any errors10 business days. If you fail to receive a provide us with timely notice of an error or problem in your periodic statement, we will investigate the matter and notify you agree to notify us within 14 days of the results within a reasonable amount of time. The exact time you regularly receive a statementwill depend on the specific circumstances of the error or problem. You may ask for copies of the documents that we used in our investigation.

Appears in 1 contract

Samples: Account Agreement

Statements. • Contents. If we provide you with a periodic statement for your accountnotice or statement, electronically or otherwise, you will receive a periodic statement of transactions must promptly and activity on your account during the statement period carefully review it as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made soon as we make it available to you on to determine if any errors or problems exist. Your statements will be deemed to provide sufficient information about your checks and other transactions for you to determine whether there was an error or unauthorized transaction if the statements provide you with the check or transaction number, the amount, and the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationof payment. You are responsible for promptly examining each statement upon receiving it in the best position to discover and reporting report any irregularities errors or unauthorized transactions involving your account. You agree to usnotify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement, notice or check. If you fail to report do so, you may become responsible for the losses resulting from such failure. If you fail to notify us promptly, but no later than 60 days following the earlier of the statement mailing date or the date we make the statement available to you, then you agree that you cannot assert any irregularities such as error, problem or unauthorized transaction or forged, alteredaltered or unauthorized item against us. This 60-day limitation is without regard to whether we did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with you. You further agree that if you fail to notify us within 14 days of making the statement available to you, unauthorizedthen you are precluded from asserting against us the error, unsignedproblem, unauthorized transaction or otherwise fraudulent items drawn on forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item from the same wrongdoer. If you claim a credit or refund because of an error or unauthorized transaction, you agree to provide us with a declaration containing reasonable information we require regarding your account, erroneous payments the transaction, and the circumstances surrounding the claimed loss. We must receive your declaration within 10 days of our request. Unless otherwise prohibited by law, and if applicable, you also agree to make a report to the police and to provide us with a copy of the report, upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e.g., in connection with certain consumer electronic fund transfer services). If you are a consumer and suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you may have with respect to substitute checks. If you are a consumer and suspect a problem with an electronic fund transfer to or transactionsfrom your Consumer Account, see the “Electronic Fund Transfer Disclosure” in this Agreement for information on rights you may have with respect to these transfers. If you are a business, you agree not to entrust the writing of checks and the reconcilement and review of your periodic statements and notices to the same person without frequent monitoring. We may deny a claim for monetary loss due to forged, altered or other discrepancies reflected unauthorized checks if you fail to follow these procedures. Statements and notices are normally sent to the last address listed with us for your account. Notify us promptly if you do not receive your statement by the date you normally would expect to receive it. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. Statements and notices sent or made available to any of you are deemed to be received by all of you. If we hold them at your request or because you fail to provide us with a current address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). At our discretion, we may destroy mail that is returned to us or determined to be undeliverable. We will charge you a Mailed Statement fee if you receive a printed paper statement. See the Fee Schedule (“Mailed Statement Fee”). Stop Payment Orders You or your authorized signer on your statement within 33 days account may request us to stop payment on a check or transaction. To place a stop payment order, please visit a branch or call us at 000-000-XXXX (2262). To place a stop payment order, you must provide us with timely, complete and accurate information on: the number of the account in question; the date of the item; the item number; the payee information; the EXACT amount of the item (dollars and cents); and/or any other information we sent the statement to yourequire. If any information is untimely, incomplete or incorrect, we will not be responsible for your lossfailing to stop payment. In order to be effective, you must submit the stop payment request before the check or transaction is presented for payment. We also will not be liable for any items that are forged paying a check or altered transaction over a stop payment order if the order is incomplete or incorrect. We must receive stop payment orders at a time and in a manner not detectable by which affords us a reasonable personopportunity to act upon them, before it is guaranteed or finally paid by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for 14 days. The stop payment order will expire at the end of 14 days unless you give us written notice of the stop payment order. Upon confirming the order in writing, the order will remain in effect for six months and must be renewed by you every six months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule (“Stop Payment - Order/Renew Fee”). In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/ or any other holder of your check. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check, including the unauthorized use of a facsimile signature machineBank, may be entitled to enforce payment against you despite the stop payment order. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit Except for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statementtransactions governed by Regulation E (see section titled Electronic Fund Transfer Disclosure), you agree to notify indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. This provision shall survive the termination of this Agreement. You may not stop payment on point-of-sale debit card transactions, or checks or payments guaranteed by us. You should contact us if you wish to stop the payment of a cashier’s check or a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order. Substitute Checks You agree not to deposit substitute checks, as described below, or checks bearing a substitute check legal equivalence statement (“This is a legal copy of your check. You can use it the same way you would use the original check.”) to your account without our prior written consent. Unless we agree otherwise in writing, our acceptance of such checks shall not obligate us to accept such items at a later time, and we may cease doing so without prior notice. If we approve the deposit of substitute checks, you agree to indemnify, defend and hold us harmless from all losses, costs, claims, actions, proceedings and attorney’s fees that we incur as a result of such checks, including without limitation, any indemnity or warranty claim that is made against us because: (a) the check fails to meet the requirements for legal equivalence, (b) a claimant makes a duplicate payment based on the original check, the substitute check, or a paper or electronic copy of either; or (c) a loss is incurred due to the receipt of the substitute check rather than the original check. Upon our request, you agree to provide us promptly with the original check or a copy that accurately reflects all of the information on the front and back of the original check when it was truncated. We may convert original checks to substitute checks. The following notice applies to Consumer Accounts and supersedes, where inconsistent, other terms in this Agreement with respect to substitute checks. Substitute Checks and Your Rights – Important Information About Your Account What is a Substitute Check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions. What Are Your Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced-check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 Business Days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How Do You Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at 877-770- BANC (2262). You must contact us within 14 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you regularly receive were not able to make a statementtimely claim because of extraordinary circumstances. Your claim must include – • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); • An estimate of the amount of your loss; • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and • A copy of the substitute check and/or the following information to help us identify the substitute check: the check number, the date of the check, the name of the person to whom you wrote the check, and the exact amount of the check (dollars and cents).

Appears in 1 contract

Samples: Deposit Account Agreement

Statements. • Contents. If we provide a periodic statement for your account, you You will receive a periodic statement of that shows the transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union Credit Union and may not be returned to you, but copies of the check or draft may be retained by us or be payable by payable-through financial institutions and may be made available upon your request. You understand that the balance on your statement shows your available balance. You must examine your statement of account with "reasonable promptness". If you discover any discrepancies, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share in the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be with respect to items on the statement such as unauthorized signatures or alterations by the same wrongdoer. You agree that statements are the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first mailed or made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, alteredalterations, unauthorized, unsignedforgeries, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first mail or make the statement to youavailable, we will you cannot be responsible for your loss. We also will not be liable for assert a claim against us on any items in that are forged or altered statement, and as between you and us the loss will be entirely yours. This 60 day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph. See Electronic Funds Transfers Disclosure for more details if you have a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice discrepancy related to Credit Unionan electronic fund transfer. You may agree that to receive your periodic account statements online through our eStatement service. You have the credit union's retention of checks or drafts does not alter or waive your responsibility right to examine request and receive your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us other documents in writing within the above time limit for notifying us of any errorspaper form. If you fail agree to receive a periodic statementeStatements, you agree may withdraw your consent for online statements at any time. There are no fees or account restrictions for choosing to notify us within 14 days of the time you regularly receive a statementwithdraw your consent for online statements.

Appears in 1 contract

Samples: Membership Agreement

Statements. • Contents. If we provide you with a periodic statement for your accountnotice or statement, electronically or otherwise, you will receive a periodic statement of transactions must promptly and activity on your account during the statement period carefully review it as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made soon as we make it available to you on to determine if any errors or problems exist. Your statements will be deemed to provide sufficient information about your checks and other transactions for you to determine whether there was an error or unauthorized transaction if the statements provide you with the check or transaction number, the amount, and the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationof payment. You are responsible for promptly examining each statement upon receiving it in the best position to discover and reporting report any irregularities errors or unauthorized transactions involving your account. You agree to usnotify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement, notice or check. If you fail to report do so, you may become responsible for the losses resulting from such failure. If you fail to notify us promptly, but no later than 60 days following the earlier of the statement mailing date or the date we make the statement available to you, then you agree that you cannot assert any irregularities such as error, problem or unauthorized transaction or forged, alteredaltered or unauthorized item against us. This 60-day limitation is without regard to whether we did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with you. You further agree that if you fail to notify us within 14 days of making the statement available to you, unauthorizedthen you are precluded from asserting against us the error, unsignedproblem, unauthorized transaction or otherwise fraudulent items drawn on forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item from the same wrongdoer. If you claim a credit or refund because of an error or unauthorized transaction, you agree to provide us with a declaration containing reasonable information we require regarding your account, erroneous payments the transaction, and the circumstances surrounding the claimed loss. We must receive your declaration within 10 days of our request. Unless otherwise prohibited by law, and if applicable, you also agree to make a report to the police and to provide us with a copy of the report, upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e.g., in connection with certain consumer electronic fund transfer services). If you are a consumer and suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you may have with respect to substitute checks. If you are a consumer and suspect a problem with an electronic fund transfer to or transactionsfrom your Consumer Account, see the “Electronic Fund Transfer Disclosure” in this Agreement for information on rights you may have with respect to these transfers. If you are a business, you agree not to entrust the writing of checks and the reconcilement and review of your periodic statements and notices to the same person without frequent monitoring. We may deny a claim for monetary loss due to forged, altered or other discrepancies reflected unauthorized checks if you fail to follow these procedures. Statements and notices are normally sent to the last address listed with us for your account. Notify us promptly if you do not receive your statement by the date you normally would expect to receive it. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. Statements and notices sent or made available to any of you are deemed to be received by all of you. If we hold them at your request or because you fail to provide us with a current address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). At our discretion, we may destroy mail that is returned to us or determined to be undeliverable. We will charge you a Mailed Statement fee if you receive a printed paper statement. See the Fee Schedule (“Mailed Statement Fee”). Stop Payment Orders Your or your authorized signer on your statement within 33 days account may request us to stop payment on a check or transaction. To place a stop payment order, please visit a branch or call us at 000-000-XXXX (2262). To place a stop payment order, you must provide us with timely, complete and accurate information on: the number of the account in question; the date of the item; the item number; the payee information; the EXACT amount of the item (dollars and cents); and/or any other information we sent the statement to yourequire. If any information is untimely, incomplete or incorrect, we will not be responsible for your lossfailing to stop payment. In order to be effective, you must submit the stop payment request before the check or transaction is presented for payment. We also will not be liable for any items that are forged paying a check or altered transaction over a stop payment order if the order is incomplete or incorrect. We must receive stop payment orders at a time and in a manner not detectable by which affords us a reasonable personopportunity to act upon them, before it is guaranteed or finally paid by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for 14 days. The stop payment order will expire at the end of 14 days unless you give us written notice of the stop payment order. Upon confirming the order in writing, the order will remain in effect for six months and must be renewed by you every six months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule (“Stop Payment - Order/Renew Fee”). In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check, including the unauthorized use of a facsimile signature machineBank, may be entitled to enforce payment against you despite the stop payment order. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit Except for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statementtransactions governed by Regulation E (see section titled Electronic Fund Transfer Disclosure), you agree to notify indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. This provision shall survive the termination of this Agreement. You may not stop payment on point-of-sale debit card transactions, or checks or payments guaranteed by us. You should contact us if you wish to stop the payment of a cashier’s check or a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order. Substitute Checks You agree not to deposit substitute checks, as described below, or checks bearing a substitute check legal equivalence statement (“This is a legal copy of your check. You can use it the same way you would use the original check.”) to your account without our prior written consent. Unless we agree otherwise in writing, our acceptance of such checks shall not obligate us to accept such items at a later time, and we may cease doing so without prior notice. If we approve the deposit of substitute checks, you agree to indemnify, defend and hold us harmless from all losses, costs, claims, actions, proceedings and attorney’s fees that we incur as a result of such checks, including without limitation, any indemnity or warranty claim that is made against us because: (a) the check fails to meet the requirements for legal equivalence, (b) a claimant makes a duplicate payment based on the original check, the substitute check, or a paper or electronic copy of either; or (c) a loss is incurred due to the receipt of the substitute check rather than the original check. Upon our request, you agree to provide us promptly with the original check or a copy that accurately reflects all of the information on the front and back of the original check when it was truncated. We may convert original checks to substitute checks. The following notice applies to Consumer Accounts and supersedes, where inconsistent, other terms in this Agreement with respect to substitute checks. Substitute Checks and Your Rights – Important Information About Your Account What is a Substitute Check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions. What Are Your Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced-check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 Business Days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How Do You Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at 000-000-XXXX (2262). You must contact us within 14 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you regularly receive were not able to make a statement.timely claim because of extraordinary circumstances. Your claim must include – • Your name and account number;‌ • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);‌ • An estimate of the amount of your loss;‌ • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and‌ • A copy of the substitute check and/or the following information to help us identify the substitute check: the check number, the date of the check, the name of the person to whom you wrote the check, and the exact amount of the check (dollars and cents).‌

Appears in 1 contract

Samples: Deposit Account Agreement

Statements. • ContentsStatements will periodically be provided to you by email as long as your Account is active. If we provide You will not receive paper statements. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. You agree that the statements have been delivered or made available to you in a periodic statement for reasonable manner. You have a duty to review your account, you will receive a periodic statement of transactions Account statements. You agree to review and activity on to examine your receipts and account statements and to reconcile your Account daily using reasonable care and to promptly report any discrepancy between your records and the information provided in your account during the statement period and any errors or problems to us. Except as required provided by applicable law. If a periodic statement is provided, you agree that only one (1) we are not required to provide you with a separate notice of incoming or outgoing Wire Transfers and you should review your statement is necessary for joint multiple party accountsany discrepancies, unauthorized, transactions or errors in connection with any transaction. For share draft or checking accountsIf you choose not to receive your statements, you understand remain responsible to review and report any errors. If you are absent from your Account mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report them in accordance with the terms of this Agreement. You agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized signatures, alterations, or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us, the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. In addition to your duty to review your statements for unauthorized signatures, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error such as forgedan encoding error. In addition, alteredif you receive or we make available either your items or images of your items, unauthorizedyou must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, unsignedthis time period will not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and, or otherwise fraudulent items drawn on your accountas between you and us, erroneous payments or transactions, or other discrepancies reflected the loss will be entirely yours. You further agree that if you fail to report any unauthorized transaction on your statement to us within 33 10 days of the date we sent from when the statement is postmarked or otherwise made available to you, whichever is earlier, we will not be responsible for your loss. We required to pay interest on any unauthorized, erroneous or other Wire Transfer or Funds Transfer request or on any refund to which you may be entitled and you will also will not be liable to us for any items that are forged damages or altered in losses we may incur as a manner not detectable by a reasonable person, including the unauthorized use result of a facsimile signature machine. • Notice your failure to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or notify us within the time limit for notifying us period stated in this section. Because you are in the best position to discover an unauthorized transaction, you agree that, without regard to care or lack of any errors. The statement will be considered correct for all purposes and care by either you or Bank, we will not be liable for any unauthorized transaction reflected on your statement that is not reported within 60 days of the statement issuance date, subject to applicable law and payment made or charged to network rules. We will only credit your account unless for errors or problems as required by law. Email us immediately with errors or questions about electronic transfers at xxxxxxx@xxxxxxxxxxxxxxxx.xxx. If you notify tell us orally, you must submit your complaint or question in writing within the above time limit for notifying us of any errors10 business days. If you fail to receive a provide us with timely notice of an error or problem in your periodic statement, we will investigate the matter and notify you agree to notify us within 14 days of the results within a reasonable amount of time. The exact time you regularly receive a statementwill depend on the specific circumstances of the error or problem. You may ask for copies of the documents that we used in our investigation.

Appears in 1 contract

Samples: Account Agreement

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show the transactions and activity on that occurred in connection with your account during the statement period period. Your duty to report unauthorized signatures, alterations and forgeries. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have some responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we contributed to the loss). The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstance, have a total of more than 14 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities unauthorized signatures, alterations or forgeries in your account within 14 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 14-day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account. Your duty to report other errors or problems. In addition to the Commercial Code and other state law, you agree there is a common law duty to promptly review your statement for errors in addition to unauthorized signatures, alterations or forgeries. Promptly reviewing your statement is valuable to both you and us because it can help identify, correct and prevent future mistakes. In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as forgedan encoding error or an unexpected deposit amount. Also, alteredif you receive or we make available either your items or images of your items, unauthorizedyou must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, unsignedthis time period shall not exceed 14 days. Failure to examine your statement and items and report any errors to us within 14 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the 14 day time period to report other errors. Other Errors. If you, we, or otherwise fraudulent items drawn both of us make an error on your account, erroneous payments or transactionswe may correct the error without notifying you beforehand. You agree that we will not be liable if we inadvertently provide an incorrect account term (such as interest rate, term, principal amount, maturity date) on a disclosure, statement, or other discrepancies reflected on document because of a bona fide error (including but not limited to a computer, computational, or clerical error). If we discover such an error, we will endeavor to provide you with an updated and corrected document that reflects the corrected information. You will contact us immediately if you believe there is an error relating to the terms of your statement within 33 days account, and will provide us with all information needed to investigate the alleged error. We will inform you of the date results of our investigation and will correct any error promptly; if we sent the statement to youdetermine there is no error, we will provide you an explanation. We will not be responsible for any indirect, incidental, special or consequential damages related to any error unless we acted intentionally or in bad faith. Errors relating to electronic fund transfers or substitute checks. For information on errors relating to electronic fund transfers (e.g., online, mobile, debit card or ATM transactions) refer to your lossElectronic Fund Transfers (EFT) disclosure and the sections on consumer liability and error resolution. We also will For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights. Duty to notify if statement not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Unionreceived. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you immediately notify us in writing within if you do not receive your statement by the above time limit for notifying us of any errors. If date you fail normally expect to receive it. Not receiving your statement in a periodic statementtimely manner is a sign that there may be an issue with your account, you agree to notify us within 14 days of the time you regularly receive a statementsuch as possible fraud or identity theft.

Appears in 1 contract

Samples: Account Agreement

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover, or reasonably should have discovered any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself. The loss you might bear, in whole or in part, could be not only with respect to items listed on the statement but also other items with unauthorized signatures or alteration by the same wrongdoer. Upon notification the Bank will open an investigation and notify you of the outcome. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstances, have a total of more than 60 days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent items drawn on any other errors in your account, erroneous payments or transactions, or other discrepancies reflected on your statement account within 33 60 days of the date when we sent first send or make the statement available, you cannot assert a claim against us on any items in that statement. This 60-day limitation is without regard to youwhether we exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section. Contact us by calling 000-000-0000 if you do not receive your regular statement or to report any irregularities. You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form. We will provide all future notices by posting them on the website. At your request, we will provide you with a paper copy of any of the documents posted electronically without any fee by calling us at 000-000-0000. The bank cannot be responsible guarantee the receipt of the notices. Fees for your lossthe Internet Banking Service The Internet Banking service is available to our existing personal deposit account customers at no monthly charge for all the account information services and transfers. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including reserve the unauthorized use of a facsimile signature machine. • Notice right to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive change our fee schedule from time to time and your responsibility to examine your statements or the time limit for notifying us of any errors. The statement account will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless in accordance with the new fee schedule after giving you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statementproper notification.

Appears in 1 contract

Samples: Internet Banking Agreement

Statements. • Contents. If we provide a periodic statement for your account, you Contents You will receive a periodic statement of transactions and activity ac- tivity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint a multiple party accountsaccount. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union ours and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to youmailed or notice of electronic delivery is sent. You also understand and agree that checks, drafts, or copies thereof of drafts are made available to you on the date the statement is sent mailed to you, even if though the checks or drafts do not accompany the statement. • ExaminationCopies of drafts are available through Xxxxx On-Line. You will receive a monthly statement if you have a share draft account or if you have a share savings account with EFT activity (unless there are no transfers in a particular month). In any case, you will get a quarterly statement. Examination You are responsible for promptly examining examin- ing each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your loss. We also will not be liable for account if: you fail to notify us within sixty (60) days of the mailing or electronic delivery date of the earliest statement regarding any forgery, alteration, or unauthorized signature on any item described in the statement; or any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machinesig- nature machines. Notice to Credit Union. us You agree that the credit union's our retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, statement you agree to notify us within 14 fourteen (14) days of the time you regularly receive a statement.

Appears in 1 contract

Samples: Account Agreement

Statements. • Contents. If we provide you with a periodic statement for your accountnotice or statement, electronically or otherwise, you will receive a periodic statement of transactions must promptly and activity on your account during the statement period carefully review it as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made soon as we make it available to you on to determine if any errors or problems exist. Your statements will be deemed to provide sufficient information about your checks and other transactions for you to determine whether there was an error or unauthorized transaction if the statements provide you with the check or transaction number, the amount, and the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examinationof payment. You are responsible for promptly examining each statement upon receiving it in the best position to discover and reporting report any irregularities errors or unauthorized transactions involving your account. You agree to usnotify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement, notice or check. If you fail to report do so, you may become responsible for the losses resulting from such failure. If you fail to notify us promptly, but no later than 60 days following the earlier of the statement mailing date or the date we make the statement available to you, then you agree that you cannot assert any irregularities such as error, problem or unauthorized transaction or forged, alteredaltered or unauthorized item against us. This 60-day limitation is without regard to whether we did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with you. You further agree that if you fail to notify us within 14 days of making the statement available to you, unauthorizedthen you are precluded from asserting against us the error, unsignedproblem, unauthorized transaction or otherwise fraudulent items drawn on forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item from the same wrongdoer. If you claim a credit or refund because of an error or unauthorized transaction, you agree to provide us with a declaration containing reasonable information we require regarding your account, erroneous payments the transaction, and the circumstances surrounding the claimed loss. We must receive your declaration within 10 days of our request. Unless otherwise prohibited by law, and if applicable, you also agree to make a report to the police and to provide us with a copy of the report, upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e.g., in connection with certain consumer electronic fund transfer services). If you are a consumer and suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you may have with respect to substitute checks. If you are a consumer and suspect a problem with an electronic fund transfer to or transactionsfrom your Consumer Account, see the “Electronic Fund Transfer Disclosure” in this Agreement for information on rights you may have with respect to these transfers. If you are a business, you agree not to entrust the writing of checks and the reconcilement and review of your periodic statements and notices to the same person without frequent monitoring. We may deny a claim for monetary loss due to forged, altered or other discrepancies reflected unauthorized checks if you fail to follow these procedures. Statements and notices are normally sent to the last address listed with us for your account. Notify us promptly if you do not receive your statement by the date you normally would expect to receive it. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. Statements and notices sent or made available to any of you are deemed to be received by all of you. If we hold them at your request or because you fail to provide us with a current address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). At our discretion, we may destroy mail that is returned to us or determined to be undeliverable. We will charge you a Mailed Statement fee if you receive a printed paper statement. See the Fee Schedule (“Mailed Statement Fee”). Stop Payment Orders You or your authorized signer on your statement within 33 days account may request us to stop payment on a check or transaction. To place a stop payment order, please visit a branch or call us at 000-000-XXXX (2262). To place a stop payment order, you must provide us with timely, complete and accurate information on: the number of the account in question; the date of the item; the item number; the payee information; the EXACT amount of the item (dollars and cents); and/or any other information we sent the statement to yourequire. If any information is untimely, incomplete or incorrect, we will not be responsible for your lossfailing to stop payment. In order to be effective, you must submit the stop payment request before the check or transaction is presented for payment. We also will not be liable for any items that are forged paying a check or altered transaction over a stop payment order if the order is incomplete or incorrect. We must receive stop payment orders at a time and in a manner not detectable by which affords us a reasonable personopportunity to act upon them, before it is guaranteed or finally paid by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for 14 days. The stop payment order will expire at the end of 14 days unless you give us written notice of the stop payment order. Upon confirming the order in writing, the order will remain in effect for six months and must be renewed by you every six months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule (“Stop Payment - Order/Renew Fee”). In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/ or any other holder of your check. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check, including the unauthorized use of a facsimile signature machineBank, may be entitled to enforce payment against you despite the stop payment order. • Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit Except for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statementtransactions governed by Regulation E (see section titled Electronic Fund Transfer Disclosure), you agree to notify indemnify, defend, and hold us within 14 days harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. This provision shall survive the termination of this Agreement. You may not stop payment on point-of-sale debit card transactions, or checks or payments guaranteed by us. You should contact us if you wish to stop the payment of a cashier’s check or a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order. Substitute Checks You agree not to deposit substitute checks, as described below, or checks bearing a substitute check legal equivalence statement (“This is a legal copy of your check. You can use it the same way you would use the original check.”) to your account without our prior written consent. Unless we agree otherwise in writing, our acceptance of such checks shall not obligate us to accept such items at a later time, and we may cease doing so without prior notice. If we approve the deposit of substitute checks, you agree to indemnify, defend and hold us harmless from all losses, costs, claims, actions, proceedings and attorney’s fees that we incur as a result of such checks, including without limitation, any indemnity or warranty claim that is made against us because: (a) the check fails to meet the requirements for legal equivalence, (b) a claimant makes a duplicate payment based on the original check, the substitute check, or a paper or electronic copy of either; or (c) a loss is incurred due to the receipt of the time substitute check rather than the original check. Upon our request, you regularly receive agree to provide us promptly with the original check or a statementcopy that accurately reflects all of the information on the front and back of the original check when it was truncated. We may convert original checks to substitute checks. The following notice applies to Consumer Accounts and supersedes, where inconsistent, other terms in this Agreement with respect to substitute checks.

Appears in 1 contract

Samples: Deposit Account Agreement

Statements. • Contents. If we provide a periodic statement for your account, you You will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for a joint multiple or multiple-party accountsaccount. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union MECU and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent mailed to you. You also understand and agree that checks, drafts, drafts or copies thereof are made available to you on the date the statement is sent mailed to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report We will not be responsible for any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent unsigned items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement account if: (1) you fail to notify us within 33 sixty (60) days of the mailing date we sent of the earliest statement to youregarding any forgery, we will not be responsible for your loss. We also will not be liable for alteration or unauthorized signature on any item described in the statement; or (2) any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Union. You agree that the credit union's MECU’s retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 fourteen (14) days of the time you regularly receive a statement.

Appears in 1 contract

Samples: mecuokc.org

Statements. • Contents. If we provide a periodic statement for your account, you Contents You will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint a multiple party accountsaccount. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union ours and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to youmailed or notice of electronic delivery is sent. You also understand and agree that checks, drafts, or copies thereof of drafts are made available to you on the date the statement is sent mailed to you, even if though the checks or drafts do not accompany the statement. • ExaminationCopies of drafts are available through Xxxxx On-Line. You will receive a monthly statement if you have a share draft account or if you have a share savings account with EFT activity (unless there are no transfers in a particular month). In any case, you will get a quarterly statement. Examination You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your loss. We also will not be liable for account if: you fail to notify us within sixty (60) days of the mailing or electronic delivery date of the earliest statement regarding any forgery, alteration, or unauthorized signature on any item described in the statement; or any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machinemachines. Notice to Credit Union. us You agree that the credit union's our retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, statement you agree to notify us within 14 fourteen (14) days of the time you regularly receive a statement.

Appears in 1 contract

Samples: Account Agreement

Statements. • ContentsStatements are a valuable tool to help prevent fraudulent or mistaken transfers. If we provide a periodic Your statement for your account, you will receive a periodic statement of show the transactions and activity on that occurred in connection with your account during the statement period period. Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as required by applicable law. If a periodic statement it is providedmade so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have some responsibilities in connection with your statement. You must examine your statement with "reasonable promptness." Also, if you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss). The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful. You agree that only one (1) the time you have to examine your statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of report to us will depend on the credit union and may not be returned to youcircumstances, but copies may be retained by us you will not, in any circumstance, have a total of more than thirty (30) days from when we first send or be payable through financial institutions and made make the statement available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and further agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. • Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forgedunauthorized signatures, altered, unauthorized, unsignedalterations, or otherwise fraudulent any other errors in your account within sixty (60) days of when we first send or make the statement available, you cannot assert a claim against us on any items drawn on in that statement, and as between you and us the loss will be entirely yours. This sixty-day limitation is without regard to whether we exercised ordinary care. Contact us if you do not receive your regular statement. You may receive your statement in paper or electronic form, based upon your agreement with us. If this is a business account, erroneous payments or transactionsyou agree that you will have at least two (2) people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account. ACCOUNT TRANSFER: This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS: If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other discrepancies reflected account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. TEMPORARY ACCOUNT AGREEMENT: If this option is selected, this is a temporary account agreement. Each person who signs in the space designated for signatures on your statement the signature card (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within 33 days a reasonable time. SETOFF: We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons' or legal entity's right to withdraw. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the date note at the time we sent set off, including any balance for which we properly accelerate under the statement note. This right of setoff does not apply to youthis account if: (a) it is an XXX or other tax-deferred retirement account, we will or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not be responsible for your lossaffect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity. We also will not be liable for the dishonor of any items that are forged or altered in check when the dishonor occurs because we set off a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. • Notice to Credit Uniondebt against this account. You agree that to hold us harmless from any claim arising as a result of our exercise of our right of setoff. AUTHORIZED SIGNER (individual accounts only): A single individual is the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errorsowner. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged authorized signer is merely designated to your account unless you notify us in writing within conduct transactions on the above time limit for notifying us of any errorsowner's behalf. If you fail We undertake no obligation to receive a periodic statement, you agree monitor transactions to notify us within 14 days of determine that they are on the time you regularly receive a statementowner's behalf.

Appears in 1 contract

Samples: www.myfirstib.com

Statements. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union Credit Union and may not be returned to you, but copies of the check or draft may be retained by us or be payable by payable-through financial institutions and may be made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement. Examination. You are responsible for promptly examining each statement upon receiving it and reporting any and irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, unsigned or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent to the statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. Notice to Credit Union. You agree that the credit union's Credit Union’s retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes purposes, and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statement.

Appears in 1 contract

Samples: Membership and Account Agreement

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