Common use of Your Representations and Warranties with Respect to Prohibited Checks Clause in Contracts

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit any Checks that: o are payable to any person other than you; o contain obvious alteration to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have previously been endorsed by a financial institution; o are drawn on a financial institution located outside the United States or are not payable in United States currency; o are dated more than six (6) months prior to the date of the deposit; o have a duplicated MICR code line; o are missing or have an invalid or incorrect routing number; o are photocopies or otherwise not original paper Checks when they are scanned; o are issued to multiple parties; o are third party or second endorsed Checks; o do not qualify as “original checks” as defined by Regulation CC. In the event that you breach any of the representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilities, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or association, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checks.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit deposit, any Checks that: o are i)are payable to any person other than you; o ii) contain obvious alteration alterations to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o iii) are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have been previously been endorsed by a financial institution; o iv) are drawn on a financial institution located outside the United States or are not payable in United States currency; o v) are dated more than six (66 ) months prior to the date of the deposit; o vi) have a duplicated duplicate MICR code line; o vii) are missing or have an invalid or incorrect routing number; o are viii)are photocopies or otherwise not original paper Checks when they are scanned; o are ix)are issued to multiple parties; o x) are third party or second endorsed Checks; o xi)have been previously returned to You as unpaid or dishonored by the payor financial institution; xii) do not qualify as “original checks” as defined by in Regulation CC. In the event that you breach any of the these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilitiesliability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC CC, and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to Additionally, you acknowledge that the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large for deposit a check or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time draft issued by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or associationyou, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address person on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned accounts or whether there is any other claim account on which you are an authorized signer or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debitjoint account holder, or other electronic any account of any business entity of which you are a principal, officer or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checksauthorized signer.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit deposit, any Checks checks that: o : 1. are payable to any person other than you; o ; 2. contain obvious alteration to any of the fields on the front of the Checkcheck, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o ; 3. are substitute checks as defined by Check 21 or IRDs (image replacement documentsImage Replacement Documents) that purport to be substitute checks and which have been previously been endorsed by a financial institution; o ; 4. are drawn on a financial institution located outside the United States or are not payable in United States currency; o ; 5. are dated more than six (6) months prior to the date of the deposit; o ; 6. have a duplicated duplicate MICR code line; o ; 7. are missing or have an invalid or incorrect routing number; o ; 8. are photocopies or otherwise not original paper Checks checks when they are scanned; o ; 9. are issued to multiple parties; o ; 10. are third party or second endorsed Checks; o checks; 11. do not qualify as “original checks” as defined by in Regulation CC. In the event that you breach any of the these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilitiesliability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or association, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checks.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit deposit, any Checks that: o : i) are payable to any person other than you; o ; ii) contain obvious alteration alterations to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o ; iii) are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have been previously been endorsed by a financial institution; o ; iv) are drawn on a financial institution located outside the United States or are not payable in United States currency; o ; v) are dated more than six (6) months prior to the date of the deposit; o ; vi) have a duplicated duplicate MICR code line; o ; vii) are missing or have an invalid or incorrect routing number; o ; viii) are photocopies or otherwise not original paper Checks when they are scanned; o ; ix) are issued to multiple parties; o ; x) are third party or second endorsed Checks; o ; xi) have been previously returned to You as unpaid or dishonored by the payer financial institution; xii) do not qualify as “original checks” as defined by in Regulation CC. xiii) we have knowledge that the funds may not be collectable; xiv) do not have the endorsement or information specified on the check as explained in this agreement or other procedures we have provided you. In the event that you breach any of the these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilitiesliability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC CC, and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to Additionally, you acknowledge that the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large for deposit a check or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time draft issued by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or associationyou, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address person on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned accounts or whether there is any other claim account on which you are an authorized signer or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debitjoint account holder, or other electronic any account of any business entity of which you are a principal, officer or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checksauthorized signer.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank Credit Union in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service Remote Deposit Capture to deposit deposit, any Checks checks that: o : (1) are payable to any person other than you; o ; (2) contain obvious alteration to any of the fields on the front of the Checkcheck, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o ; (3) are counterfeit checks or contain forged endorsements; (4) are substitute checks (as defined by Check 21 21) or IRDs (image replacement documents) documents that purport to be substitute checks and which have been previously been endorsed by a financial institution; o ; (5) are drawn on a financial institution located outside the United States or are not payable in United States currency; o ; (6) are dated more than six (6) months prior to the date of the deposit; o ; (7) have a duplicated duplicate MICR code line; o ; (8) are missing or have an invalid or incorrect routing number; o ; (9) are photocopies or otherwise not original paper Checks checks when they are scanned; o ; (10) are issued to multiple parties; o ; (11) are third party or second endorsed Checks; o checks; (12) do not qualify as “original checks” as defined by in Regulation CC. In the event that you breach any of the these representations or warranties, you agree to defendindemnify, indemnify defend and hold the Bank Credit Union, its affiliates, and its and their trustees, directors, officers, employees, service providers and agents harmless from any and against all liabilitiesclaims, actions, proceedings, judgments, losses, costs, damages, expenses and loss arising out liabilities (including reasonable attorneys’ fees and costs) we may suffer or incur as a result of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit suit, or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or association, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checks.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit deposit, any Checks that: o are i)are payable to any person other than you; o ii) contain obvious alteration alterations to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o iii) are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have been previously been endorsed by a financial institution; o iv) are drawn on a financial institution located outside the United States or are not payable in United States currency; o v) are dated more than six (66 ) months prior to the date of the deposit; o vi) have a duplicated duplicate MICR code line; o vii) are missing or have an invalid or incorrect routing number; o viii) are photocopies or otherwise not original paper Checks when they are scanned; o are ix)are issued to multiple parties; o x) are third party or second endorsed Checks; o xi)have been previously returned to You as unpaid or dishonored by the payor financial institution; xii) do not qualify as “original checks” as defined by in Regulation CC. In the event that you breach any of the these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilitiesliability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC CC, and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to Additionally, you acknowledge that the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large for deposit a check or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time draft issued by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or associationyou, or by usany other person on any of your accounts or any account on which you are an authorized signer or joint account holder, or by applicable law. After we receive Check images and all other required deposit information from any account of any business entity of which you through the Serviceare a principal, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreementofficer or authorized signer. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the bank Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile remote deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checks.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit any Checks that: o are payable to any person other than you; o contain obvious alteration to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have previously been endorsed by a financial institution; o are drawn on a financial institution located outside the United States or are not payable in United States currency; o are dated more than six (6) months prior to the date of the deposit; o have a duplicated MICR code line; o are missing or have an invalid or incorrect routing number; o are photocopies or otherwise not original paper Checks when they are scanned; o are issued to multiple parties; o are third party or second endorsed Checks; o do not qualify as “original checks” as defined by Regulation CC. In the event that you breach any of the representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilities, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or association, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checks.

Your Representations and Warranties with Respect to Prohibited Checks. The Bank in its sole discretion may refuse to accept, and you represent and warrant that you shall not use the Service to deposit deposit, any Checks that: o : i) are payable to any person other than you; o ; ii) contain obvious alteration alterations to any of the fields on the front of the Check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the account holder; o ; iii) are substitute checks as defined by Check 21 or IRDs (image replacement documents) that purport to be substitute checks and which have been previously been endorsed by a financial institution; o ; iv) are drawn on a financial institution located outside the United States or are not payable in United States currency; o ; v) are dated more than six (66 ) months prior to the date of the deposit; o ; vi) have a duplicated duplicate MICR code line; o ; vii) are missing or have an invalid or incorrect routing number; o ; viii) are cashier checks and/or money orders ix) are photocopies or otherwise not original paper Checks when they are scanned; o ; x) are issued to multiple parties; o ; xi) are third party or second endorsed Checks; o ; xii) have been previously returned to You as unpaid or dishonored by the payor financial institution; xiii) do not qualify as “original checks” as defined by in Regulation CC. In the event that you breach any of the these representations or warranties, you agree to defend, indemnify and hold the Bank and its agents harmless from and against all liabilitiesliability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize us to charge your account(s) for the amount of any claim, suit or demand that constitutes a breach of warranty claim under the provisions of Check 21, Regulation CC and/or the Uniform Commercial Code.  Image Quality: Both the front and back of each Check must be transmitted to Additionally, you acknowledge that the Bank as provided in any user guide or other instructions provided to you by the Bank or the Service, including on- screen instructions. The Bank in its sole discretion may refuse to accept Checks that do not meet our image quality requirements. This includes, without limitation Checks where: o the front and/or back image is too large for deposit a check or too small; o the front and/or back image is too light or too dark; o the front and back images have a dimension or other mismatch or discrepancy; o the image has torn of folded edges, cut corners, or other damage; o the image does not comply with the standards for image quality established from time to time draft issued by the American Standard Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or associationyou, or by us, or by applicable law. After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach warranties and any other loss sustained by, or claim made against the bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check. You are solely responsible for verifying that Checks you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address person on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned accounts or whether there is any other claim account on which you are an authorized signer or defense that the Check was improperly returned. You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debitjoint account holder, or other electronic any account of any business entity of which you are a principal, officer or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or substitute Checks. You may not use the Service to deposit a substitute check and may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide you in connection with returned Checksauthorized signer.