Common use of User Warranties and Indemnification Clause in Contracts

User Warranties and Indemnification. You warrant to the Credit Union that: − You will only transmit eligible items; − You will not transmit duplicate items; − You will not re-deposit or re-present the original item; − All information you provide to the Credit Union is accurate and true; − You will comply with this Agreement and all applicable rules, laws and regulations; − You are not aware of any factor that may impair the collectability of the item; and − You agree to indemnify and hold harmless the Credit Union from any loss for breach of this warranty provision. Errors in Transmission - By using the service you accept the risk that an item may be intercepted or misdirected during transmission. The Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Errors - You agree to notify the Credit Union of any suspected errors regarding items deposited through the service right away, and in no event later than thirty-three (33) days after the applicable Credit Union account statement is sent. Unless you notify the Credit Union within thirty-three (33) days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against the Credit Union for such alleged error. Cooperation with Investigations - You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, by providing, upon request and without further cost, any originals or copies of items deposited through the service in your possession and your records relating to such items and transmissions. Termination - This Agreement shall remain in full force and effect unless and until it is terminated by us. We may terminate this Agreement at any time and for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the service for any unauthorized or illegal purposes or you use this service in a manner inconsistent with the terms of this Agreement or any other agreement with us. Enforceability - We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. Ownership & License - You agree that the Credit Union retains all ownership and proprietary rights in this service, associated content, technology, and website(s). Your use of this service is subject to and conditioned upon your complete compliance with this Agreement. You agree not to copy, reproduce, distribute or create derivative works from the content of this service or to reverse engineer or reverse compile any technology used to provide this service. The Credit Union and our third party service providers, if any, retain all ownership and proprietary rights in the services, associated content, technology and websites. Disclaimer of Warranties - You agree your use of this service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of this service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that this service will meet your requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the service will be accurate or reliable, and any errors in the services or technology will be corrected. Limitation of Liability - You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use of the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form or action or claim (whether contract, tort, strict liability or otherwise), even if the Credit Union has been informed of the possibility thereof. Back to Top Check 21 Act – Substitute Checks and Your Rights IMPORTANT CONSUMER AWARENESS INFORMATION 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. 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 my 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 law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (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 I 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) 000-0000; or • (000) 000-0000 You must contact us within thirty-three (33) 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 were not able to make a timely 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: (identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check).

User Warranties and Indemnification. You warrant to the Credit Union that: − You will only transmit eligible items; − You will not transmit duplicate items; − You will not re-deposit or re-present the original item; − All information you provide to the Credit Union is accurate and true; − You will comply with this Agreement and all applicable rules, laws and regulations; − You are not aware of any factor that may impair the collectability of the item; and − You agree to indemnify and hold harmless the Credit Union from any loss for breach of this warranty provision. Errors in Transmission - By using the service you accept the risk that an item may be intercepted or misdirected during transmission. The Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Errors - You agree to notify the Credit Union of any suspected errors regarding items deposited through the service right away, and in no event later than thirty-three (33) days after the applicable Credit Union account statement is sent. Unless you notify the Credit Union within thirty-three (33) days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against the Credit Union for such alleged error. Cooperation with Investigations - You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, by providing, upon request and without further cost, any originals or copies of items deposited through the service in your possession and your records relating to such items and transmissions. Termination - This Agreement shall remain in full force and effect unless and until it is terminated by us. We may terminate this Agreement at any time and for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the service for any unauthorized or illegal purposes or you use this service in a manner inconsistent with the terms of this Agreement or any other agreement with us. Enforceability - We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. Ownership & License - You agree that the Credit Union retains all ownership and proprietary rights in this service, associated content, technology, and website(s). Your use of this service is subject to and conditioned upon your complete compliance with this Agreement. You agree not to copy, reproduce, distribute or create derivative works from the content of this service or to reverse engineer or reverse compile any technology used to provide this service. The Credit Union and our third party service providers, if any, retain all ownership and proprietary rights in the services, associated content, technology and websites. Disclaimer of Warranties - You agree your use of this service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of this service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that this service will meet your requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the service will be accurate or reliable, and any errors in the services or technology will be corrected. Limitation of Liability - You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use of the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form or action or claim (whether contract, tort, strict liability or otherwise), even if the Credit Union has been informed of the possibility thereof. Back to Top Check 21 Act – Substitute Checks and Your Rights Rights‌ IMPORTANT CONSUMER AWARENESS INFORMATION 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. 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 my 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 law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (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 I 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) 000-0000; or • (000) 000-0000 You must contact us within thirty-three (33) 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 were not able to make a timely 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: (identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check).

User Warranties and Indemnification. You warrant to the Credit Union that: − You will only transmit eligible items; − You will not transmit duplicate items; − You will not re-deposit or re-present the original item; − All information you provide to the Credit Union is accurate and true; − You will comply with this Agreement and all applicable rules, laws and regulations; − You are not aware of any factor that may impair the collectability of the item; and − You agree to indemnify and hold harmless the Credit Union from any loss for breach of this warranty provision. Errors in Transmission - By using the service you accept the risk that an item may be intercepted or misdirected during transmission. The Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Errors - You agree to notify the Credit Union of any suspected errors regarding items deposited through the service right away, and in no event later than thirty-three (33) days after the applicable Credit Union account statement is sent. Unless you notify the Credit Union within thirty-three (33) days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against the Credit Union for such alleged error. Cooperation with Investigations - You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, by providing, upon request and without further cost, any originals or copies of items deposited through the service in your possession and your records relating to such items and transmissions. Termination - This Agreement shall remain in full force and effect unless and until it is terminated by us. We may terminate this Agreement at any time and for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the service for any unauthorized or illegal purposes or you use this service in a manner inconsistent with the terms of this Agreement or any other agreement with us. Enforceability - We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. Ownership & License - You agree that the Credit Union retains all ownership and proprietary rights in this service, associated content, technology, and website(s). Your use of this service is subject to and conditioned upon your complete compliance with this Agreement. You agree not to copy, reproduce, distribute or create derivative works from the content of this service or to reverse engineer or reverse compile any technology used to provide this service. The Credit Union and our third party service providers, if any, retain all ownership and proprietary rights in the services, associated content, technology and websites. Disclaimer of Warranties - You agree your use of this service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of this service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that this service will meet your requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the service will be accurate or reliable, and any errors in the services or technology will be corrected. Limitation of Liability - You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use of the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form or action or claim (whether contract, tort, strict liability or otherwise), even if the Credit Union has been informed of the possibility thereof. Back to Top Check 21 Act – Substitute Checks and Your Rights IMPORTANT CONSUMER AWARENESS INFORMATION 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. 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 my 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 law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (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 I 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) 000-0000; or • (000) 000-0000 You must contact us within thirty-three forty (3340) 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 were not able to make a timely 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: (identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check).