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Mobile Banking Agreement

MOBILE BANKING SERVICE AGREEMENT TERMS AND CONDITIONS

Agreement Acceptance-By clicking "I agree" when you enroll in Mobile Banking and by using the Service you agree to the Terms and Conditions of this Agreement. This Agreement is meant to supplement the Credit Union's existing Membership Agreement and Disclosures. By downloading the software for the Service or accessing Online Banking via Mobile Device you also agree to remain bound by the terms and conditions of this agreement.

Definitions-The Pioneer Valley Federal Credit Union Mobile Banking Service ("Mobile Banking Service" or "Service") is provided to you by Pioneer Valley Federal Credit Union (“Credit Union," "we," and "us"). This Mobile Banking Service Agreement (“Agreement”) sets forth the terms and conditions for use of the Mobile Banking Service.

  1. DESCRIPTION OF THE MOBILE BANKING SERVICE. This Mobile Banking Service Agreement (“Agreement”) sets forth the terms and conditions for use of the Mobile Banking Service (“Mobile Banking Service” or “Service”). In this Agreement, the words “you” and “your” refer to you as the person entering into this Agreement. Mobile Banking Service refers generally to any service allowing an existing Credit Union Member to access and view an account or accounts selected by the Member (individually your "Account," collectively the "Accounts") from a mobile phone or device (“Mobile Device”) whose network allows secure SSL traffic. Mobile Banking Services are available, mobile web browsers (“Mobile Web Service”) and downloadable mobile Banking applications for Android and Apple devices (“Mobile Banking Apps”). The Service functionality varies by device used and we do not guarantee the availability of all Service features on all Mobile Devices.

    Mobile Banking Services include the following, provided you have compatible wireless hardware and software:

    1. Check account balances
    2. View your transaction history
    3. Transfers funds between your Accounts
    4. Make payments using our Bill Payment Service
    5. Deposit checks through the Mobile Deposit Service
    6. Quickly locate credit union branches and ATM locations

    To use the Mobile Banking Service you must already have or must open one or more deposit accounts at the Credit Union, you must be designated as an owner of an Account that is eligible for this Mobile Deposit Service and you must be approved by the Credit Union. You must enroll in the Online Banking Service and execute the Online Banking Agreement before you can enroll in the Mobile Banking Service. You acknowledge and agree that your Accounts are an integral part of the Mobile Banking Services offered by Credit Union and that all transactions and Mobile Banking Services initiated or processed pursuant to this Agreement are subject to the Terms and Conditions of Your Account and the rules, regulations and agreements (“Membership Agreement and Disclosures”) governing the Accounts, including without limitation the arbitration provisions and all applicable federal, state, and local laws and regulations (“Rules”). This Agreement supplements your Membership Agreement and Disclosures and Online Banking Agreement. The Online Banking Agreement and the Membership Agreement and Disclosures are hereby incorporated by reference and made a part of this Agreement. In the event of an inconsistency between the terms of the Membership Agreement and Disclosures or the Online Banking Agreement and this Agreement, this Agreement shall govern. Undefined terms herein shall have the meaning assigned to them in the Membership Agreement and Disclosures or the Online Banking Agreement, as applicable. In most cases you may use the Service to gain access to deposit accounts in which you have an unrestricted right to withdraw funds. However, the Credit Union, as it may determine at any time and from time to time in its sole discretion, may deny Service account access, restrict Service account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.

    You acknowledge and agree that these services may be provided by an independent third party service provider (“Vendor”) as selected by Credit Union, and that both the Vendor and the Service are subject to change from time to time without notice to you. You further acknowledge, agree, and stipulate that the Vendor is independent contractor providing software and data transmission services and is not your agent or the agent of Credit Union. Neither the Credit Union nor the Vendor is responsible for the actions or omissions of the other.

  2. ELIGIBILITY/HOW TO REGISTER FOR MOBILE BANKING SERVICE. To use the Service, you must have an open account at the Credit Union, register for Online Banking, and have a compatible Mobile Device. During this registration process, you will be required to provide your Online Banking identification credentials (“Password”) that you must use each time you access the Service. Follow the instructions that we provide to you online to register for the Mobile Banking Service. During the registration process you will be prompted to accept the terms and conditions of this Agreement.
  3. PASSWORD AND SECURITY. The use of the Password and your Mobile Device is a security feature established by Credit Union to authenticate the identity of the person attempting to gain access to the Service. The security feature is not designed for the detection of errors. We may require you to change your Password from time to time for security reasons. You should keep your Password in a secure location. Any person having access to your Password will be able to access these services and perform all transactions, including reviewing Account information and using the Bill Pay Services. With this Password, a third party will be able to use your Online Banking Service to add new payees to the Bill Pay Service. You are responsible for safeguarding the Passwords and your Mobile Device. Providing these Passwords to another person effectively constitutes a grant of authority to access your accounts under Regulation E issued by the Bureau of Consumer Financial Protection (12 C.F.R. Part 1005) (“REG E”) pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.).
    1. You agree to comply with the “security standards” and any other security standards Credit Union directs you to use, and you acknowledge and agree that the security standards, including (without limitation) any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection with a security standard (“Security Devices”), constitute commercially reasonable security standards under applicable law for the initiation of transfers and access to confidential Member information. You authorize us to follow any and all instructions entered and transactions initiated using applicable security standards unless and until you have notified us, according to notification procedures prescribed by us, that the security standards or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction using applicable security standards constitutes sufficient authorization for Credit Union to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to your deposit account maintained with Credit Union, and you agree and intend that the submission of transactions and instructions using the security standards shall be considered the same as your written signature in authorizing us to execute such transaction. You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of such security standards, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by you, to the fullest extent allowed by law. You further acknowledge and agree that the security standards are not designed to detect error in the transmission or content of communications or transaction initiated by you and that you bear the sole responsibility for detecting and preventing such error.
    2. You agree to keep all security standards and Security Devices protected, secure, and strictly confidential and to provide or make available the same only to your authorized representative(s). You agree not to disclose or provide any security standards or Security Devices to any unauthorized person. Where you have the ability to change or modify a Security Device from time to time (e.g., a password or User Name), you agree to change Security Devices frequently in order to ensure the security of the Security Device. You agree to notify us immediately, according to notification procedures prescribed by us, if you believe that any security standards or Security Device have been stolen, compromised, or otherwise become known to persons other than you or your authorized representative(s) or if you believe that any transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, we may issue you a new Security Device or establish new security standards as soon as reasonably practicable, but we shall not be liable to you or any third party for any delay in taking such actions.
    3. We reserve the right to modify, amend, supplement, or cancel any or all security standards, and/or to cancel or replace any Security Device, at any time and from time to time in our discretion. We will endeavor to give you reasonable notice of any change in security standards; provided that we may make any change in security standards without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your implementation and use of any changed security standards after any change in security standards shall constitute your agreement to the change and your agreement that the applicable security standards, as changed, are commercially reasonable and adequate for the purposes intended.
  4. AVAILABILITY OF SERVICE. We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.
  5. PHYSICAL AND ELECTRONIC SECURITY. Because the Mobile Banking Service is similar to Online Banking on a personal computer, there are security risks associated with the use of the Service. The hardware and software that you use in connection with the Service may be subject to unauthorized tracking or other manipulation by spyware or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or malicious code could be introduced by third parties. We will provide you with notice if your information is the subject of a security breach as required by applicable law. You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against e-mail and/or text messaging fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You acknowledge that, other then at the time you are registering for this Service, Credit Union will never contact you by e-mail or text message in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in e-mails or text messages that Credit Union transmits to you. In the event you receive an e-mail, text message, or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the communication, provide any information to the sender of the communication, click on any links in the communication, or otherwise comply with any instructions in the communication. To the extent allowed by law, you agree that Credit Union is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, e-mail, text message or internet fraud.
  6. ACCOUNT ACCESS. Payments from your Account initiated via the Mobile Banking Service will be deducted on the day you initiate them. If the day you initiate a Payment falls on a weekend or holiday, we will process your transaction the next Business Day. We may refuse to act on your Transfer instructions or Payment request if sufficient funds, including funds available under any overdraft protection plan, are not available in your Account on the date you want us to make the Transfer or Payment.
  7. PROCESSING INTERNAL FUND TRANSFERS. We can process a Transfer twenty-four hours a day seven days a week, including holidays. If you initiate a Transfer, the Transfer will be reflected in your account and available for your use at the time the Transfer is initiated. You are fully obligated to us to provide sufficient funds for any Payments or Transfers you make or authorize to be made. If we complete a Payment or Transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.

    If there are insufficient funds in your Account to make a Transfer or Payment, we may refuse to make the Transfer or Payment or we may make the Transfer or Payment and overdraw your Account. In either event, you are responsible for any non-sufficient funds (“NSF”) charges that may apply.

  8. CANCELLING TRANSFERS OR PAYMENTS. You may cancel a pending Transfer or Payment transaction. However, to do so, you must use the Online Banking Service and we must receive your instruction to cancel prior to the cutoff time on the Transfer Day or Business Day the transaction is scheduled to be processed. If we don’t receive your instruction to cancel a transaction before that time, we may process the transaction.
  9. TRANSFERS FROM SAVINGS/MONEY MARKET DEPOSIT ACCOUNTS. Federal regulations require us to limit, either by contract or in practice, the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) preauthorized electronic fund transfers per calendar month. Each fund transfer through the Service from your savings or money market deposit account is counted as one of the six (6) transfers permitted each calendar month. However, payments to your loan accounts with us are not counted toward this transfer limit for savings/money market deposit accounts.
  10. BILL PAYMENT SERVICE AND TRANSFERS. If you have signed up for our Online Bill Payment Service, you can use this Service to initiate one-time immediate bill payments, which will be processed during the next bill pay processing time. You cannot use this Mobile Banking Service to set up new payees. You must use the Online Bill Payment Service to set up new payees. The Credit Union reserves the right to decline to make Payments to certain persons and entities. You agree that any Payment for taxes, Payments that are court-ordered, government payments and Payments outside of the United States are prohibited and you agree that you will not attempt to use the Service to make these types of Payments. You may not schedule Payments or create a new Payee through this Mobile Banking Service. Please refer to your Online Banking Service Agreement for the procedures that must be followed to perform these functions.

    Payments are posted against your ledger balance, plus the available credit on your overdraft protection, if any, or other line of credit. Funds must be available in your Account on the date you initiate the Bill Payment. After funds are withdrawn from your Account to make a Payment, we may make the Payment either by transferring funds electronically to the Payee or by mailing the Payee a check. Funds will be deducted from your account (whether we make these Payments electronically or by check) on the Business Day we process the Bill Pay request. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account. Bill Payments made by paper check may be drawn on us or another financial institution. If your Account does not have sufficient funds to make a Transfer at the time a Transfer is attempted to be made, the Transfer will not be made and you will receive a message advising you that funds are not available. Credit Union shall have no obligation or liability if it does not complete a Transfer or Payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the Payment or rescheduling the Payment through the Service. Bill Payments made by paper checks processed by nonaffiliated third parties may show as drawn on the third party processor or its Credit Union rather than on you or on us. If your Bill Payment is sent by check and the check is not presented for payment within 90 days, we may stop payment on the check. If we do so, we may delay crediting the check amount to your Account.

    For all Payments, you agree to allow at least five (5) Business Days for a Check Payment and at least two (2) Business Days for an Electronic Payment between the date you initiate a Payment and the Payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you fail to allow the prescribed number of days, you will be fully responsible for all late fees, finance charges or other actions taken by the Payee. You agree to reimburse us if the check is later cleared and payment occurs, notwithstanding our stop payment of the check. If you initiate your Payment and follow all instructions provided, and the Payment is not received by the Payee in a timely manner, a representative of Credit Union will work with the Payee on your behalf to have any late fees or charges reversed.

    Recurring Payments and Transfers cannot be made through this Service. One-time Payments do not reoccur, are not made until you enter the Payee and amount of the current bill and submit the Payment.

    A stop payment cannot be placed on an Electronic Bill Payment transaction once issued and the Payment cannot be cancelled. However, a stop payment can be placed on a Bill Payment transaction by Bill Payment check any time prior to the check being presented for final payment subject to the completion of a Stop Payment Request.

    In the event a Payment is returned to us for any reason, you authorize us, in our sole and absolute discretion, to either research and correct the Payment information or to void the Payment and re-credit your Account.

  11. CONFIRMATION NUMBERS. Upon completion of a Transfer or Payment, a confirmation message will be displayed on your Mobile Device confirming that the transaction has been completed. You should record the Payee information (if applicable), the date of the Transfer or Payment, and the amount of the Transfer or Payment, in your checkbook/transaction register or other permanent record. This procedure will help in resolving any problems that may occur. No printed receipts are issued through the Service.
  12. LIMITATIONS. Your use of the Service is subject to the following limitations:
    1. DOLLAR AMOUNT. There may be a limit on the dollar amount of the transactions you can make using the Service. Security reasons limit the dollar amount of transactions and these limits are subject to change from time to time. Payment can only be made with U.S. currency.
    2. FREQUENCY. In addition to the Federal Banking regulations that restrict the number of transfers and withdrawals, there may be limits on the number of transactions you can make using the Service. These limits are for security reasons and are subject to change.
    3. FOREIGN TRANSACTIONS. No Payments may be made to Payees outside the United States. Additional limitations may be contained in this Agreement. Your ability to initiate transactions may also be limited by the terms of other agreements you have with the Credit Union or by applicable law.
  13. MOBILE DEPOSIT SERVICE. Your use of Pioneer Valley Federal Credit Union’s Mobile Deposit Service (“Mobile Deposit Service”) is governed by the terms of this Agreement. By completing the registration process described in paragraph 2 above or by using or continuing to use Mobile Deposit you are acknowledging your election to use the Mobile Deposit Service. You acknowledge that messages displayed on your Mobile Device will be the primary means of communication for the Mobile Deposit Service. You agree that you will, in a timely manner, review messages and notifications you receive from us and check your Account to confirm it reflects recent activity.
    1. Mobile Deposit Service Description. The Mobile Deposit Service allows you to use the Mobile Banking Apps to make deposits to your Accounts from home, office, or other remote locations (individually a "Mobile Deposit"; collectively "Mobile Deposits") by taking photos of the front and back of original checks and transmitting the digital images ("Images") and associated deposit information to us or our processor with your Mobile Device.
    2. Additional Limitations on Use. The maximum aggregate deposit amount shall not exceed $2,500 in any one (1) Business Day and $25,000 in any one (1) calendar month. If you attempt to initiate a Mobile Deposit in excess of these limits, we may reject your Mobile Deposit and you may deposit the check(s) in a manner consistent with other methods for making deposits provided by the Credit Union (such as at a branch or ATM or by mail). If we permit you to make a Mobile Deposit in excess of these limits, such Mobile Deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a Mobile Deposit at other times. Credit Union reserves the right to change the limits. Any such change shall be effective immediately and may be implemented prior to your receipt of notice thereof.
    3. Business Days. “Business Days” are Monday – Friday, excluding holidays that the Credit Union is closed, as further set forth in your Online Banking Agreement.
    4. Provisional Credit and Funds Availability. After acceptance of the Mobile Deposit, Credit Union shall process the Mobile Deposit along with other transactions received prior to the Cut-Off Time, defined below, by Credit Union and grant your Account Provisional Credit (as herein defined) for the total amount of the Mobile Deposit or the accepted Mobile Deposit, as applicable. As used herein, “Provisional Credit” means that the credit is made to your Account subject to final payment of the Check Image and subject to the terms of the Membership Agreement and Disclosures. For the purpose of determining availability of funds, Credit Union may hold funds for the period of time permitted by Credit Union’s funds availability disclosure. Mobile Deposit funds for Mobile Deposits made before the 2:00 pm Cut-Off Time are available in accordance with our Funds Availability Disclosure contained in the Membership Agreement and Disclosures.
    5. Checks Deposited and Security Interest. You hereby agree that you will only scan and deposit a check(s) as the term check is defined in Regulation CC issued by the Board of Governors of the Federal Reserve System (12 C.F.R. Part 1005) (“Reg CC”) . You agree that the Image of the check that is transmitted to Credit Union (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You further agree that you will not use the Mobile Deposit Service to deposit any Checks or other items that: (a) are payable to any person or entity other than you, (b) are prohibited by Credit Union’s then current procedures pertaining to the Mobile Deposit Service (“Procedures”) or are in violation of any law, rule or regulation, (c) you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (d) have not been previously endorsed by a Credit Union and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Credit Union’s prior written consent, (e) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (f) are U.S. Treasury checks (h) are checks issued by an insurance company, and (g) are not acceptable to Credit Union for deposit into a deposit account as provided in the Membership Agreement and Disclosures (Checks described in clauses (a) through (g) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If you deposit a Prohibited Check, you agree to indemnify and reimburse Credit Union for, and hold Credit Union harmless from and against, any and all losses, costs and expenses (including reasonable attorney’s fees) Credit Union may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Credit Union’s written consent to do so, you provide Credit Union with an electronic representation of a substitute check for deposit into an Account instead of an original Check, you agree to indemnify and reimburse Credit Union for, and hold Credit Union harmless from and against, any and all losses, costs and expenses (including reasonable attorney’s fees) Credit Union incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. You grant Credit Union a security interest in all Accounts or other deposits (whether general or special) of yours at the Credit Union, and in all funds in such Accounts or other deposits, to secure your obligations to Credit Union under this Agreement. This security interest will survive termination of this Agreement.
    6. Requirements. Each Image must provide all information on the front and back of the original Check at the time presented to you by the drawer (the person or entity from whose account the Check was written), including, but not limited to, information about the drawer and the paying Credit Union that is preprinted on the original Check, MICR information, signature(s), any required identification written on the front of the original Check and any endorsements applied to the back of the original Check. The image quality must meet the standards established by the Board of Governors of the Federal Reserve System (the “Federal Reserve”), and any other regulatory agency, clearing house or association. Endorsements must be made on the back of the Check and include your signature and your account number and "FOR MOBILE DEPOSIT ONLY." You acknowledge and agree that you shall be liable to us for any loss we incur caused by a delay or processing error resulting from an irregular endorsement or other markings placed on the Check by you.
    7. Receipt of Deposit. All Images processed for deposit through Mobile Deposit will be treated as "deposits" under your current Membership Agreement and Disclosures with us and will be subject to all terms of the Membership Agreement and Disclosures and any amendments to such Membership Agreement and Disclosures. To be eligible for processing on the day transmitted, Mobile Deposits must be received and approved by Credit Union on or before the 2:00 pm cut-off time on a Business Day that the Credit Union is open. A Mobile Deposit that is received after the 2:00 pm Cut-Off Time shall be deemed to have been received on the Business Day following the Business Day on which the Mobile Deposit is actually received by Credit Union. When we receive an Image, we will confirm that you have submitted the Image via a message displayed on your Mobile Device. The message will advise you that we have either accepted or rejected your Mobile Deposit or that your Mobile Deposit needs to be reviewed. You agree that Credit Union has no obligation to accept a Mobile Deposit and, therefore, we reserve the right to reject any Mobile Deposit or the Images or other information contained therein transmitted through this Service, at our discretion, without liability to you. It is your responsibility to check notifications from the Credit Union for any rejected submissions and contact the Credit Union to address the reason for such rejection. You acknowledge and agree that Credit Union shall have no liability to you for failing to provide notice of rejection of a Mobile Deposit. You agree that you shall be solely liable for, and Credit Union shall not have any liability whatsoever to you for, any Mobile Deposit or the Images or other information contained therein that are not received by Credit Union. You also agree to be liable for Mobile Deposits or the Images or other information contained therein that are intercepted or altered by an unauthorized third party or dropped during transmission.
    8. Original Checks. After you have received confirmation that your Mobile Deposit has been approved for deposit, you should mark the Check as having been deposited. You agree to securely store the original Check for a period of fourteen (14) calendar days from the date of the Image transmission (such period the “Retention Period”). During the Retention Period, you shall take appropriate security measures to ensure that: (a) the information contained on such Checks shall not be disclosed, (b) such Checks will not be duplicated or scanned more than one time and (c) such Checks will not be deposited or negotiated in any form. Upon expiration of the Retention Period, you shall destroy the original Check you transmitted as an Image using a method of destruction that will result in the paper based item being unprocessable and all sensitive personal and financial information undecipherable. You hereby indemnify Credit Union for, and hold Credit Union harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the destruction of original Checks by you. During the Retention Period, you agree to promptly provide the original Check to the Credit Union upon request.
    9. Contingency Plan. You agree that, in the event you are not able to capture, process, produce or transmit a Mobile Deposit to Credit Union, or otherwise comply with the terms hereof or of the Procedures, for any reason, including, but not limited to, communications, equipment or software outages, interruptions or failures, you will make the deposit in a manner consistent with other methods for making deposits provided by Credit Union until such time that the outage, interruption or failure is identified and resolved. You hereby acknowledge and agree that Credit Union shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Mobile Deposit Service. The deposit of original Checks through these other methods shall be governed by the terms and conditions of the Membership Agreement and Disclosures and not by the terms of this Agreement.
    10. Returned Deposits. If Images of Checks deposited by you are dishonored or otherwise returned unpaid by the drawee Credit Union, or are returned by a clearing agent for any reason, including, but not limited to, issues relating to the quality of the Image, you understand and agree that, since you either possess the original Check or have destroyed it in accordance with the original Check provisions in this Agreement, the original Check will not be returned, and Credit Union may charge back an Image of the Check to your Account. You understand and agree that the Image may be in the form of an electronic or paper reproduction of the original Check or a substitute check. Unless otherwise instructed by Credit Union, you agree not to deposit the original Check if an Image or other debit as previously described is charged back to you.
    11. Your Warranties. You make the following warranties and representations with respect to each Image submitted for Mobile Deposit:
      1. Checks Deposited. Each Image transmitted by you to Credit Union is in accord with and complies with the terms, conditions and procedures of this Agreement, the Procedures and the Membership Agreement and Disclosures;
      2. Image Quality. Each Image transmitted by you to Credit Union contains an accurate representation of the front and the back of each Check and complies with the requirements of this Agreement;
      3. Accuracy of Information. All data and other information submitted by you to Credit Union, including, but not limited to, data contained in the MICR line of each Check is complete and accurate and complies with the requirements of this Agreement;
      4. No Duplicates. Each Image submitted to the Credit Union complies with your agreement not to: (i) create duplicate Images of the Checks, (ii) transmit a duplicate Image to Credit Union, or (iii) deposit or otherwise negotiate the original of any Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to Credit Union, a collecting or returning Credit Union, drawer, drawee, payee or endorser, will be asked to pay the original Check from which the Image was created or a duplication (whether paper or electronic, including ACH entries) of such Check;
      5. No Loss. No subsequent transferees of the Check or Checks, including but not limited to Credit Union, a collecting or returning Credit Union, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check;
      6. Information. All information provided by you to Credit Union is true, complete and accurate in all respects;
      7. Authority and Legality.
        1. This Agreement is valid and enforceable against you in accordance with its terms; and
        2. the entry into, and performance of, this Agreement by you will not violate any law, or conflict with any other agreement, to which you are subject;
      8. No Litigation. There is no action, suit or proceeding pending or, to your knowledge, threatened, which if decided adversely, would adversely affect your financial condition or operations.
      9. Transactions. Each Image submitted to the Credit Union and related transactions are, and will be, bona fide. All signatures on Checks are authentic and authorized.
      10. Compliance. Each Image submitted to the Credit Union is in compliance with this Agreement, the Procedures, and the Rules.
      11. Indemnity. You will honor your agreement to and will indemnify Credit Union for, and hold Credit Union harmless from and against, any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Credit Union, including, but not limited to, the Membership Agreement and Disclosures, and the terms of this paragraph shall survive the termination of this Agreement.
  14. NO FEES TO ACCESS MOBILE BANKING SERVICE. There is no fee or charge assessed by us for you to register for or access the Mobile Banking Service. (We may assess fees or charges in the future; you will receive notice of such fees or charges, as required by law.) You may, however, incur charges to receive Internet service on your Mobile Device. You may also incur charges from your wireless carrier when sending and receiving text messages. You will be responsible to your wireless carrier for any such Internet or text messaging charges.
  15. PRIVACY AND SOLICITATION. We are committed to protecting your privacy. All information gathered from you in connection with using the Mobile Banking Service will be governed by the provisions of the Pioneer Valley Federal Credit Union Privacy Policy, which is incorporated herein by reference, and the receipt of which you acknowledge as part of your agreement to this Agreement. Upon enrollment, you are also providing your express prior consent permitting us to contact you for fraud prevention, servicing, telemarketing purposes, or other purposes as provided in the Privacy Policy.
  16. EXPORT CONTROL & INTERNATIONAL USE. The United States controls the export of products and information containing encryption ("Controlled Technology"). You agree to comply with such restrictions and not to export or re-export any Controlled Technology within the Service to countries or persons prohibited under the Export Administration Regulations ("EAR"). By downloading any products or information from this Service, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any products or information subject to the EAR. We do not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the United States. Accessing the Service from locations where its contents or use is illegal is prohibited by Credit Union. Those choosing to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
  17. PROPRIETARY RIGHTS. Other than your materials and account information, all content received on the Mobile Banking Service is the exclusive property of Pioneer Valley Federal Credit Union and/or its licensors and is protected by copyrights or other intellectual property rights.
  18. YOUR RESPONSIBILITIES.
    1. PROVIDING HONEST AND ACCURATE INFORMATION UPON REGISTRATION. You agree to provide true, accurate, current, and complete information about yourself as requested in registering for the Service, and you agree to not misrepresent your identity.
    2. NO ILLEGAL USE OF THE MOBILE BANKING SERVICE. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person. You agree to comply with all applicable laws, rules, and regulations in connection with the Service. You certify that you are 18 years of age or older or otherwise able lawfully to enter into contracts under applicable law.
    3. PROMPT NOTIFICATION OF THEFT OR DESTRUCTION OF EQUIPMENT. You agree to notify us in a timely manner in the event you lose, change, or destroy the device whose phone number is registered with the Mobile Banking Service.
    4. NAMING OF ACCOUNTS. You agree not to use any personally-identifiable information when providing shortcuts or creating nicknames to your Accounts.
    5. DUTY TO INSPECT. You shall inspect all transaction history, reports, journals, and other material evidencing the output of the service(s) performed by Credit Union. You must report all errors to the Credit Union for services performed and indicated in the transaction history, reports, journals, and other material evidencing the output of the service(s) or otherwise reported to you daily by the close of business on the Banking day following the day on which the Service(s) is rendered. You must report all other errors within a reasonable time not to exceed sixty (60) days from the date that the error is made. Your Failure to promptly report errors within such specified time shall preclude you from asserting against the Credit Union any claims arising from the error or any loss caused by the error.
    6. USER CONDUCT. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliated or services providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with our disrupt the use of Mobile Baking by any other user: or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
    7. NO COMMERCIAL USE OR RE-SALE. You agree that the Service is only for the personal use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
  19. THE CREDIT UNION’S RESPONSIBILITIES. Credit Union agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses Credit Union may incur in collecting any sums you owe to Credit Union for overdrafts, service charges or otherwise or in enforcing any rights Credit Union may have under the terms of this Agreement or applicable law, rule or regulation applicable to your account(s) or the Services rendered by Credit Union under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that Credit Union may incur as the result of defending any claim or action made against Credit Union by you, or on your behalf where Credit Union is found not to be liable for such claim. In no event shall Credit Union be liable to you for attorneys’ fees incurred by you in any action brought by you against Credit Union.

    Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:

    1. ACCESS. We will not be liable under this Agreement for failure to provide access or for interruptions in access to our Services due to a system failure or due to other unforeseen acts or circumstances.
    2. YOUR MOBILE DEVICE & YOUR SOFTWARE. We will not be responsible for any errors or failures from any malfunction of your Mobile Device or any malicious software or other problems related to the Mobile Device used with our Services.

      We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your mobile browser, your mobile service provider, your personal financial management or other software, or any equipment you may use to access or communicate with the Service.

    3. OTHER. Any Transaction or instruction that: (i) exceeds your collected and available funds on deposit with the Credit Union; (ii) is not in accordance with any condition indicated by you and agreed to by the Credit Union; (iii) the Credit Union has reason to believe may not be authorized by you; (iv) involves funds subject to hold, dispute, or legal process preventing their withdrawal; (v) would violate any provision of any present or future risk control program of the Federal Reserve or any current or future rule or regulation of any other federal or state regulatory authority; (vi) is not in accordance with any other requirement stated in this Agreement or any Credit Union policy, procedure or practice; or, (vii) for the protection of the Credit Union or you, the Credit Union has reasonable cause not to honor.
  20. CONTACT INFORMATION/HOURS OF OPERATION. In case of questions about the Service or your electronic transactions contact Member Services at:

    Pioneer Valley Federal Credit Union
    Attn: Member Services
    246 Brookdale Drive
    Springfield, MA 01104-3210
    Tel: 413.733.2800

    Our member service representatives are available to assist you Monday, Tuesday, Thursday and Friday from the hours of 8:00 am – 5:00 pm EST, Wednesday from the hours of 9:00 am to 4:30 pm EST, and Saturday from the hours of 9:00 am to 1:00 pm EST, except federal holidays.

  21. AUTHORITY AND JOINT ACCOUNTS. You hereby represent and warrant that you have full right, authority and power to execute, deliver and perform this Agreement. If this account is a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify either of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Mobile Banking account. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.
  22. INTERNET DISCLAIMER. For any service(s) described in the Agreement utilizing the Internet, Credit Union does not and cannot control the flow of data to or from Credit Union's network and other portions of the Internet. Such flow depends in large part on the performance of Internet Services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). Credit Union cannot guarantee that such events will not occur. Accordingly, Credit Union disclaims any and all liability resulting from or related to such events and in no event shall Credit Union be liable for any damages (whether in contract or in tort) that are attributable to the public Internet infrastructure, your ability to connect to the Internet, or Credit Union's ability to connect to the Internet on your behalf.
  23. LIMITED LIABILITY. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.

    IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, CREDIT UNION, OR CREDIT UNION’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF CREDIT UNION AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY CREDIT UNION ON AN “AS IS” BASIS.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CREDIT UNION MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY CREDIT UNION EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO.

    CREDIT UNION MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF CREDIT UNION’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    CREDIT UNION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY CREDIT UNION TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO CREDIT UNION OR FROM CREDIT UNION TO YOU. CREDIT UNION SHALL NOT BE RESPONSIBLE FOR NOTIFYING YOU OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE.

  24. RELATIONSHIP OF PARTIES. You and Credit Union acknowledge and agree that the relationship of Credit Union and you is that of an creditor/debtor and that this Agreement does not establish or create a general agency, joint venture, partnership, or employment relationship between them.
  25. FORCE MAJEURE. The Credit Union shall not be responsible for any liability, loss, or damage resulting from Credit Union's failure to perform any Service or to perform any other obligations under this Agreement which is caused by an act of God, fire, floods, adverse weather or atmospheric conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority or the Federal Reserve; labor difficulties; equipment or computer failure or destruction or the unavailability, interruption, or malfunction of communications facilities or utilities; delays or failure to act by you or third parties and their personnel; criminal acts; or generally any cause reasonably beyond the Credit Union's control.
  26. INDEMNIFICATION. In addition to the indemnification and liability provisions contained elsewhere in this Agreement, the following provisions apply: You agree to indemnify, defend, and hold Credit Union and our affiliates, officers, directors, employees, consultants, agents, Mobile Banking Service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from damages that result from misuse or loss of your phone or misuse of the Service. You will be liable for, hold harmless, and will indemnify Credit Union, and their employees and agents from and against all claims of any sort by third parties or others arising out of this Agreement, including all losses and expenses incurred by Credit Union arising out of your failure to report required changes, transmission of incorrect data to Credit Union, or failure to maintain compliance with all laws, regulations and rules. Except for those losses caused directly by Credit Union’s failure to act in good faith, you agree to indemnify and hold Credit Union, its officers, directors, shareholders, agents, employees, and affiliates, and their respective officers, directors, agents and employees, harmless from and against any and all losses, costs, suits, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) arising from or related in any way to (i) any services performed in connection with this Agreement, (ii) Credit Union’s action or inaction in accordance with or reliance upon any instructions or information received from any person reasonably believed by Credit Union to be an authorized representative of you or Authorized User, (iii) your breach of any of your covenants, agreements, responsibilities, representations or warranties under this Agreement, and/or (iv) your breach of applicable laws, rules or regulations.
  27. AREA OF SERVICE. The Services described in this Agreement are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the United States of America.
  28. PROGRAM REVISIONS. We may, from time to time, revise or update, or perform maintenance upon, our program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our programs, the Services, and/or related material and limit access to our more recent versions and updates. Use of the Service after the effective date of any such revisions, updates, and/or changes will constitute your consent to the same.
  29. NOTICES. All notices required under this Agreement shall be sent in writing or electronically by a telecommunications device capable of creating a written record and delivered, mailed, or made available to you at the most recent address on file with the Credit Union and to us at the address set forth herein or to such other address as such party may designate from time to time. All notices shall be effective upon mailing or electronic transmission.
  30. TERMINATION. This Agreement will be in effect from the date your registration is submitted by you and accepted by Credit Union and at all times while you are using the Mobile Banking Service. Either you or Credit Union may terminate this Agreement and your use of the Service or any product within the Service at any time with or without notice. We may terminate this Agreement after ninety (90) days of inactivity. All applicable provisions of this Agreement shall survive termination by either you or Credit Union.
  31. LIABILITY FOR TRANSACTIONS COVERED BY REGULATION E. To the extent a transaction is an “electronic fund transfer” under REG E, tell us AT ONCE if you believe your Password has been lost or stolen, or if you believe that a Mobile Banking transaction has been made without your permission using information from your check. Calling is the best way of keeping your possible losses down. Call us at 413.733.2800 during our normal business hours.
  32. LIABILITY FOR LOSS – THEFT OR UNAUTHORIZED TRANSACTIONS. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, you can lose no more than $50.00 if someone used your Password or made a transaction without your authorization.

    If you do NOT tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, and we can prove we could have stopped someone from using your Password or the Service without your authorization if you had told us, you could lose as much as $500.00. You could also lose up to an additional $50.00 if the Funding Account has an overdraft line of credit feature. Also, if your statement shows a transaction that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed, electronically transmitted, or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

    If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods as may be reasonable under the circumstances.

  33. CREDIT UNION’S FAILURE TO COMPLETE TRANSACTIONS. To the extent that a Mobile Banking Service transaction is an “electronic fund transfer” under REG E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs:
    • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction;
    • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account;
    • Your Mobile Device, Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly;
    • The Service is not working properly and you were aware of the malfunction when you initiated the transaction;
    • You do not properly follow the instructional materials provided in connection with Mobile Banking;
    • You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date;
    • You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions that may be stored on your Mobile Device or the host system have been lost;
    • A Payee mishandles or delays the handling of Payments sent by us;
    • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
    • Your Password has been reported lost or stolen;
    • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
    • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account;
    • Your Mobile Device service has been disconnected or there are deficiencies in the quality of your mobile data transmissions;
    • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction;
    • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
    • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).
    There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.
  34. ERRORS OR QUESTIONS ABOUT ELECTRONIC TRANSFERS. Telephone Us at the telephone number shown in this Agreement, or write to Us at the address shown in this Agreement as soon as You can, if You think Your statement or receipt is wrong or if You need more information about a transaction listed on the statement or receipt. We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared.

    1. Tell Us Your name and Account number.
    2. Describe the error or the transfer You are unsure about, and explain
      as clearly as You can why You believe it is an error or why You need more information.
    3. Tell us the dollar amount of the suspected error.

    If You tell Us orally, We may require that You send Us Your complaint or question in writing within 10 business days.
    We will determine whether an error occurred within 10 business days after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We will credit Your account within 10 business days for the amount You think is in error, so that You will have the Use of the money during the time it takes Us to complete our investigation. If We ask You to put Your complaint or question in writing and We do not receive it within 10 business days, We may not credit Your account.
    For errors involving new accounts, point-of-sale, or foreign-initiated transactions, We may take up to 90 days to investigate Your complaint or question. For new accounts, We may take up to 20 business days to credit Your account for the amount You think is in error. We will tell You the results within 3 business days after completing our investigation. If We decide that there was no error, We will send You a written explanation. You may ask for copies of the documents that We Used in our investigation.
  35. ADDITIONAL INFORMATION REQUIRED BY MASSACHUSETTS LAW. The disclosure document entitled “Electronic Funds Transfers Your Rights and Responsibilities” (“Reg. E Disclosure”) contains additional information about consumer rights and obligations related to electronic transactions under Massachusetts law. Any documentation provided to you which indicates that an electronic fund transfer was made to another person shall be admissible as evidence of the transfer and shall constitute prima facie-proof that the transfer was made. The Reg. E Disclosure also contains information related to limitations on a consumer’s ability to stop payments on certain electronic transactions. The Reg. E Disclosure is hereby incorporated by reference and made a part hereof. Unless otherwise provided in this agreement, you (the consumer) may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.
  36. GOVERNING LAW. These terms and conditions of this Agreement shall be governed by applicable Federal and State laws interpreted and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions and without regard to your state of residence.
  37. ENFORCEMENT. In the event a dispute arises either directly or indirectly, under this Agreement, the venue for any and all arbitration resulting there from shall be in a court of appropriate jurisdiction in Massachusetts. The prevailing party in any such action shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees for any arbitration, mediation, appeal, or Bankruptcy proceedings, and any post-judgment collection actions, if applicable.


  38. MISCELLANEOUS PROVISIONS.
    1. Headings. The headings and captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain, or modify this Agreement or its interpretation, construction, or meaning.
    2. Severability. The holding of any provision of this Agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
    3. Waiver. No waiver by the Credit Union (whether or not in writing) of any term, condition, or obligation of you shall bind the Credit Union to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such a waiver.
    4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, trustees, and permitted assigns of the parties hereto.
    5. Entire Agreement. This Agreement and the Agreements incorporated by Reference constitute the entire agreement between the parties hereto concerning the subject matter hereof, superseding any proposal or prior agreement. All contemporaneous agreements or understandings concerning the subject matter hereof, whether oral or written, are merged into this Agreement. If there is a conflict between what an employee of the Credit Union says and the terms of this Agreement, the terms of this Agreement shall prevail.
    6. Transfers and Assignments. You cannot transfer or assign any rights or obligations under this Agreement without Credit Union's written consent. The Credit Union may assign its rights and delegate its duties under this Agreement to a company affiliated with the Credit Union or to any other party.
  39. POWER OF ATTORNEY. If you grant a power of attorney to someone (an “attorney-in-fact”) in connection with an Account, the following conditions apply: (1) We may refuse to allow the attorney-in-fact to enroll in Mobile Banking on your behalf; (2) We may refuse to allow the attorney-in-fact to add his or her name to any Service; (3) you may give an attorney-in-fact access to the Service by providing him or her with the Username, Password and any other required authentication information needed to access the Service (note: We will not provide that information under any circumstances); and (4) if the power of attorney is revoked, you agree to change the Password or any other required authentication information immediately so that the former attorney-in-fact can no longer access the Service.





246 Brookdale Drive, Springfield, MA 01104

Tel: 413.733.2800 -- Fax: 413.731.6906


 
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