MOBILE AGREEMENT DISCLOSURE

December 2013

Fortera Credit Union Mobile Banking, Electronic Delivery Services Disclosure and Agreement

Fortera Credit Union Mobile Banking and Remote Deposit Systems

You agree to abide by the terms and conditions of the Electronic Funds Transfer Disclosure, which is included in the Member Service Agreement you received when you opened your account(s). You also agree all information you provided is accurate. You understand that the Fortera Credit Union Mobile Banking service will allow you access to your Fortera Credit Union account(s) Mobile, including your statements and other account documents.

In order to have access to our Electronic Delivery Services, the Electronic Signatures in Global and National Commerce Act (ESIGN) and other laws and regulations require us to have your approval to receive electronic delivery of your periodic account Statement, any Notices, forms, and associated disclosures required under Federal and/or State laws or regulations. Please read this Fortera Credit Union Mobile Banking, Electronic Delivery Services Disclosure and Agreement ("Disclosure") carefully, and save or print a copy for your records. From time to time, as this agreement may be revised, you may be asked to provide your consent again.

Definitions:

In this disclosure, the words “we”, “us”, “our”, and the “Credit Union” means Fortera Credit Union. The words “you” and “your” mean the owner and/or joint owner(s) of the account who is/are requesting access to your account(s) with the Fortera Credit Union Mobile Banking service, and notification that your statement or an account notice, required reporting form or disclosure are available and ready to view within the Fortera Credit Union Mobile Banking service, and, therefore, are enrolling in our Electronic Delivery Services.

Agreement Acceptance:

E-Statements, E-Notices, Required Reporting Forms, Account Disclosures

You are requesting that Fortera Credit Union make your periodic statement, notices, required reporting forms, and account disclosures available to you electronically, by sending to your personal Internet e-mail address a notice that your Periodic Statement, Account Notice, Required Reporting form, or Account Disclosure is available for viewing within the Fortera Credit Union Mobile Banking service. Statements include any periodic statement that is required by regulation and provided from time to time. Notices may include any kind of notice that would otherwise be provided in a paper format, such as maturity notices on term share products, and Overdraft, Overdraft Privilege or NSF notices. Required Reporting forms may include tax reporting forms, such as for dividends or interest paid on accounts, bonds redeemed, or interest paid on a mortgage loan. Account disclosures may include any regulatory required disclosure, or update to any regulatory required account disclosure.

You understand that you will access these items via Fortera Credit Union’s Mobile Banking service and that a Username and Password are required for access. Except in the case of undeliverable e-mail, or withdrawal of your consent to electronic delivery of these items, you understand you will no longer receive paper copies; however, the Credit Union reserves the right to determine that some items will be sent as a paper copy, even if the member has selected electronic delivery of such items. You understand if you do not wish to receive statements, notices, required reporting forms or disclosures electronically, you must contact the Credit Union.

Agreements Common to Fortera Credit Union Mobile Banking Electronic Delivery:

You agree that you will not share your account login and password information with anyone who is not an authorized owner or user on your account, as evidenced by account documents, and that should the credit union become aware that such information has become known to an unauthorized party, the credit union may block or disable Mobile account access until such time as proper authority and access has been verified. You also agree that the Credit Union is not, and will not, be liable if you have provided account login and password information to anyone who is not an authorized owner or user on your account, as evidenced by account documents.

If you change your e-mail address, you agree to notify us of the change so that we may continue to send you notification that your statement, notice, required reporting form, or account disclosure are available for review. You will also notify us of any changes in physical address or telephone number. The preferred method for making these changes is within the Mobile Banking system by clicking on the Other Options tab, and selecting Change Address, or you may send notice in writing to the credit union at the address specified in the Updating Your Personal Information section below.

You agree that the Credit Union is not liable if you are (a) unable to access Fortera Credit Union Mobile Banking to download/print a statement or (b) if you are unable to access your personal e-mail to receive notification that items are available for you to review and/or download or print.

Except as expressly provided in this Disclosure, your participation in the Electronic Delivery Services program does not change your rights and obligations related to your membership, as described in the document entitled "Member Relationship Guide", which was provided to you at the time you established membership with the Credit Union, and as amended by us from time to time, and any other agreements and disclosures relevant to your account, including, without limitation, any fees disclosed therein.

You agree that when any terms and conditions, agreement, or disclosure includes a time period stemming from your receipt of notification from the Credit Union, such time period shall start or end, as applicable, on the date that we send a notice to your personal Internet e-mail address that your electronically delivered item is available for viewing.

Updating Your Personal Information:

You are responsible for keeping us informed of any change in your telephone number, mailing address, or e-mail address. These changes can be accomplished in the Mobile Banking system by clicking on the Other Options tab, and selecting Change Address. You may also submit these changes in writing to the credit union address listed below:

Fortera Credit Union 2050 Lowe’s Drive Clarksville, TN 37040

Your Rights and Options:
Paper or Non-electronic Form:

You are not required to enroll in the Electronic Delivery Services program. You can continue to receive the items covered by this agreement in the same format in which you currently receive these items, including, if applicable, paper. However, if you would like to receive the items covered in this agreement electronically, you must enroll in the Electronic Delivery Services program and agree to the terms set forth in this Disclosure. If, after enrolling in the Electronic Delivery Services program, you wish to receive a paper copy of an item covered under this agreement, you must contact the Credit Union. Any applicable fees will be charged at that time.

Withdrawal of Consent to Electronic Delivery

If at any time you wish to withdraw your consent for the Electronic Delivery Services program, you must notify the Credit Union. This notification may be done electronically by accessing Fortera Credit Union Mobile Banking, then disabling E-Statements and returning to paper statements under the E-Statements tab. When you have made this change, the screen will display a confirmation of your choice. This change will also convert all other account items covered in this agreement back to the paper format, including notices, required reporting forms, and account disclosures.

If you notify the Credit Union in any other way that you choose to withdraw your consent for the Electronic Delivery Services program, you will receive confirmation by secure message in the Fortera Credit Union Mobile Banking Service.

Periodic statements, notices, required reporting forms, and regulatory disclosures issued after your withdrawal is effective will be mailed to your mailing address in our records. You agree that you will provide a correct mailing address, and from time to time, will review your account to make sure your contact information is correct.

Scope and Duration of Consent

If you consent to electronic delivery of the items covered in this disclosure, your consent will apply to all Periodic statements, Notices, Required Reporting Forms, and Account Disclosures, unless and until the earlier of (i) your withdrawal of consent as described above (see Withdrawal of Consent to Electronic Delivery), or (ii) the Credit Union’s discontinuation of Electronic Delivery Services.

The Credit Union’s Right to Amend the Services

The Credit Union reserves the right to amend Fortera Credit Union Mobile Banking Electronic Delivery Services, and/or the conditions of participation from time to time, including enlargement or restriction of services through the Electronic Delivery Services. Your continued use of Fortera Credit Union Mobile Banking Electronic Delivery Services after any change will indicate your agreement to the amendments, and affirm your consent to electronic access to your account and delivery of the items covered by this disclosure. The Credit Union will electronically make available to you a copy of any amendments when required by applicable law.

Documents to which this Agreement Applies

This agreement applies to your statements and to any other notice, required reporting form, or disclosure Fortera Credit Union may desire or be required by law to deliver to you, including, but not limited to, notices and disclosures required by the following laws: Truth in Lending, Truth in Savings, Fair Credit Reporting, Electronic Funds Transfer, Equal Credit Opportunity, Consumer Leasing, Expedited Funds Availability, and items from Department of the Treasury. Any future statement, document, notice or disclosure required by any future law or regulation will also be covered by this agreement. You agree that any document provided to you electronically qualifies as “written notice” of document for all purposes.

System Requirements

In order to participate in the Electronic Delivery Services program, and to receive and retain electronic copies of the items covered by this agreement, you will need access to the following: A computer and modem, or other device capable of accessing the Internet An active “Internet Service Provider” The latest version of the Web Browser that supports at least 128-bit SSL encryption The ability to download or print statements, notices, forms, agreements or disclosures Adobe Acrobat Reader software

Acceptance of Fortera Credit Union Mobile Banking, Electronic Delivery Services, and Consent to Receive Electronic Disclosures

Using the application constitutes your consent to be bound by the terms of this Disclosure, to access your account(s) by using the Fortera Credit Union Mobile Banking service, and to receive statements, notices, required reporting forms, and account disclosures electronically.

Fortera Credit Union offers SMS mobile banking as a FREE service. A data service plan is not required to use this service; however standard text messaging fees from your phone carrier will apply.  Your Mobile Device Carrier may impose restrictions on money transfers via SMS.  Fortera Credit Union accepts no responsibility for any problems arising from the use of SMS mobile banking outside of the guidelines provided by your Mobile Device Carrier.

By using the application, you agree to the terms above and consent to receive the above-described statements by electronic means only.

Remote Deposit Capture User Agreement (“Agreement”):

This Agreement contains the terms and conditions for the use of the Fortera Credit Union remote deposit capture service that Fortera Credit Union or its affiliates (“Fortera Credit Union”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Fortera Credit Union, including the Member Relationship Guide and other Disclosures governing your Fortera Credit Union account, are incorporated by reference and made a part of this Agreement.

1. Service. The remote deposit capture service (Service) is designed to allow you to make deposits using your wireless device to your checking, savings, or money market savings accounts from a remote location by scanning checks and delivering the images and associated deposit information to Fortera Credit Union or Fortera Credit Union’s designated processor. There is currently no charge for the Service.

2. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement, and you agree to receive such notifications electronically or by reviewing information on the website at www.forteracu.com. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, Fortera Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

3. Limitations of Service. When using the Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Use of this Service is limited to accounts that meet certain qualifications, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Fortera Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use the Service to scan and deposit any checks or other items as shown below:

  • a. Checks or items payable to any person or entity other than you
    b. Post-dated checks
    c. Checks or items containing an obvious alteration to any of the fields on the front of the check or item which you know or suspect, or should know or suspect to be fraudulent.
    d. Checks or items drawn or otherwise issued by you or any other party on any of your Fortera Credit Union accounts
    e. Checks or items not payable in United States currency
    f. Items drawn on financial institutions located outside the United States
    g. Items previously converted to a substitute check
    h. Consumer loans, credit card, and mortgage payments
    i. IRA and Share Certificate deposits
    j. Money orders and travelers checks
    k. Starter or counter checks
    l. Amex Gift Cheques
    m. Savings bonds
    n. Checks that require authorization (e.g. COMCHEKS, Insurance Drafts, RapidDrafts)
    o. State-issued registered warrants
    p. Checks from another financial institution to a closed account

5. Image Quality. The image of an item transmitted to Fortera Credit Union using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Service as “For Mobile Deposit" on all items, or as otherwise instructed by Fortera Credit Union. You agree to follow any and all other procedures and instructions for use of the Service as Fortera Credit Union may establish from time to time. Fortera Credit Union reserves the right to reject all items that are not endorsed as specified.

7. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Fortera Credit Union that we have received the image with the words ‘Item deposited successfully’. A deposit is considered pending until we have reviewed and accepted the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

8. Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Generally, the first $200 of a remote deposit will be available on the day of the deposit, with the remaining funds available on the 2nd business day after the day of deposit. Fortera Credit Union may make such funds available sooner or restrict access to the funds, based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Fortera Credit Union, in its sole discretion, deems relevant.

9. Disposal of Transmitted Items. Upon your receipt of a confirmation from Fortera Credit Union that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to hold the item for approximately thirty (30) days, in case we require you to provide the actual item for further processing. After thirty (30) days, you agree to properly dispose of the item to ensure that it is not represented for payment, and you agree never to represent the item. During the time you are holding an item before proper disposal, you will keep the item in a secure location. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Fortera Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Fortera Credit Union’s audit purposes. 

10. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits from time to time.

11. Charges or Fees. Fortera Credit Union does not charge a usage fee for this Service at this time. We reserve the right to start charging for this Service at any time. If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on Fortera Credit Unions’ current Account and Service Fees Schedule for a returned check. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. You agree that Fortera Credit Union may debit any account maintained by you in order to obtain payment of your obligations under this Agreement. You acknowledge that wireless providers may assess fees, limitations, or restrictions. You agree that you are solely responsible for all such fees, limitations, and restrictions, and that we may contact you via your wireless device for any purpose concerning your accounts at Fortera Credit Union, including but not limited to account servicing and collection purposes.

12. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, a compatible wireless device with the ability to download the app as specified by Fortera Credit Union from time to time. Other wireless devices may not be compatible with the Service, nor is Fortera Credit Union required to make the Service available to all wireless devices. Fortera Credit Union is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

13. Errors. You agree to notify Fortera Credit Union of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Fortera Credit Union account statement is sent. Unless you notify Fortera Credit Union within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Fortera Credit Union for such alleged error.

14. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Fortera Credit Union's sole discretion subject to the Depository Agreement and Disclosures governing your account.

15. Ownership & License. You agree that Fortera Credit Union retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Fortera Credit Union’s business interest, or (iii) to Fortera Credit Union’s actual or potential economic disadvantage in any aspect. You may use the Service only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

16. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

17. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FORTERA CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

18. User warranties and indemnification. You warrant to Fortera Credit Union that:

a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to Fortera Credit Union is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless Fortera Credit Union from any loss for breach of this warranty provision.

19. Other terms. You may not assign this Agreement. This Agreement is governed by the laws of the State of Tennessee and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.