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TERMS AND CONDITIONS OF YOUR ACCOUNT
AGREEMENT - This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If you sign the signature card or open or continue  to  use  the  account, you agree to these rules. You will receive a  separate  schedule  of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.
 
This agreement is subject to applicable federal laws, the laws of the state of Indiana and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
 
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events  which  the  law  regulates but permits variation by agreement; and
(4) give you disclosures of some of  our policies  to  which you  may be  entitled or in which you may be interested.
 
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account  or  in  some other document.  Nothing in  this  document is  intended to  vary our duty to act  in good faith and with ordinary care when required by law.
 
As used in this document the words "we," "our," and "us" mean the financial institution and the words "you" and "your" mean the account holder(s)  and anyone else with the authority to deposit,  withdraw,  or  exercise  control  over the funds in the account. However, this agreement does not intend, and the  terms "you" and "your" should not be interpreted, to expand an individual's responsibility for an organization's liability. If this account is owned by a corporation, partnership or other organization,  individual  liability  is determined by the laws generally applicable to  that type of organization. The headings in  this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it  would  be  inconsistent  to  do  so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

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BYLAWS - Our bylaws, which we may amend from  time  to  time,  establish basic rules about our credit union policies and operations which affect your account and membership. You may obtain a copy  of the  bylaws  on  request. Our right to require you to give us notice of your  intention to  withdraw funds  from your account is described in the bylaws. Unless  we  have  agreed otherwise, you are not entitled to receive any original item after it is  paid, although you may request that we send you an item(s) or a copy of an item(s).

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LIABILITY - You agree, for yourself (and the person or entity you represent if  you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges, without notice  to you, directly from the account balance as accrued. You will  pay  any  additional reasonable charges for services  you request  which are  not covered by this agreement.
 
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts,  whether caused  by you or another with access to this account.  This  liability is  due  immediately,  and can be deducted directly from the account  balance  whenever sufficient  funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed  the  item or benefited  from the  charge or overdraft.
 
You will be liable for our costs as well as for our reasonable attorneys' fees, to  the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited  to,  disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be deducted from your account when they are incurred, without notice to you.

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DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for  the item.  We may  reverse  any provisional credit for items that are lost, stolen, or returned. Unless  prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error or other problem which in our judgment  justifies  reversal  of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in  attempting  to collect  we  may permit  the  payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. If you deliver a deposit to  us and you will not be present when the deposit is counted, you must provide us an itemized list of the deposit (deposit  slip). To process the deposit, we  will  verify and record the deposit, and  credit the  deposit to  the  account.  If there  are any discrepancies between the amounts shown on the itemized list of the deposit and the amount we determine to be  the actual  deposit, we  will notify  you of the discrepancy. You will be entitled to credit  only for the actual  deposit  as determined by us, regardless of what is stated on the itemized deposit slip. We will treat and record  all  transactions received  after  our  "daily  cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At  our  option, we may  take an item  for collection rather  than for deposit.  If we accept  a third-party check for deposit, we may require any third-party  endorsers  to verify or guarantee their endorsements, or endorse in our presence.

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WITHDRAWALS -
Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this account or any other transaction with us.
 
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though  payment  was  made  before  the date of the check, unless we have received written notice of the postdating in  time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will  not  be  liable  for failing to honor your notice unless it precisely identifies the number,  date,  amount and payee of the item.
 
A personal checking account may not be used for commercial or business purposes.
 
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We   may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in  number  than  the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us  (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified. Even if we honor a nonconforming request, we are not required to do so later.

If you violate the stated transaction limitations  (if  any),  in  our  discretion  we may close your account or reclassify it as  a  transaction  account.  If  we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
 
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process,  you  agree  that  we  may pay such item.
 
See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we  receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
 
A temporary debit authorization hold affects your account balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will be reduced by the amount of the temporary hold. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount, that transaction will be a nonsufficient funds (NSF) transaction if we do not pay it or an overdraft transaction if we do pay it. You  will be charged an NSF or overdraft fee according to our NSF or overdraft fee policy. You will be charged the fee even if you would have had sufficient funds in your account if the amount of the hold had been equal to the amount of your purchase.
 
Here is an example of how this can occur - assume for this example the following: (1) you have opted-in to our overdraft services for the payment of overdrafts on ATM and everyday debit card transactions, (2) we pay the overdraft, and (3) our overdraft fee is $35 per overdraft, but we do not charge the overdraft fee if the transaction overdraws the account by less than $10.
You have $120 in your account. You swipe your card at the card reader on a gasoline pump. Since it is unclear what the final bill will be, the gas station's processing system immediately requests a hold on your account in a specified amount, for example, $80. Our processing system authorizes a temporary hold on your account in the amount of $80, and the gas station's processing system authorizes you to begin pumping gas. You fill your tank and the amount of gasoline you purchased is only $50. Our processing system shows that you have $40 in your account available for other transactions ($120 - $80 = $40) even though you would have $70 in your account available for other transactions if the amount of the temporary hold was equal to the amount of your purchase ($120 - $50 = $70). Later, another transaction you have authorized is presented for payment from your account in the amount of $60 (this could be a check you have written, another debit card transaction, an ACH debit or any other kind of payment request). This other transaction is presented before the amount of the temporary hold is adjusted to the amount of your purchase (remember, it may take up to three days for the adjustment to be made). Because the amount of this other transaction is greater than the amount our processing system shows is available in your account, our payment of this transaction will result in an overdraft transaction. Because the transaction overdraws your account by $20, your account will be assessed the overdraft fee of $35 according to our overdraft fee policy. You will be charged this $35 fee according to our policy even though you would have had enough money in your account to cover the $60 transaction if your account had only been debited the amount of your purchase rather than the amount of the temporary hold or if the temporary hold had already been adjusted to the actual amount of your purchase.
 
Overdrafts - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to  do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. You can ask us if we have  other account services that might be available to you where  we  commit  to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by  ATM  withdrawals  or  one-time debit card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
 
All overdraft outstanding balances, plus  related fees, are due immediately, but   in no event more than 15 days  after  the date  of  the overdraft  transaction.  If  we do not receive payment in full from you within 35 days from the date of the overdraft transaction, your checking/share draft  account  will  be  closed  and your account information will be turned over to a  collection  agency  for  continued collection efforts and reported to a consumer reporting agency.
 
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a  check  or  similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check   or similar item is either removed from circulation (truncated) or given  back  to you. As a result, we have no opportunity to review the check to examine the signatures on the item. You agree that, as to these or any items as to which      we have no opportunity to examine the signatures, you  waive any  requirement of multiple signatures.

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BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only  on  collected  funds,  unless otherwise provided by law or our policy.  You  represent that you  have  the authority to open and conduct business on this account on behalf of the  entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to  act  on  its  behalf. We  will honor the  authorization  until we  actually receive  written notice of a change from the governing body of the entity.

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STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping  payment of other types of transfers  of  funds,  such  as  consumer  electronic fund transfers, may be established by law or our policy. If  we  have  not  disclosed these rules to you elsewhere, you may ask us about those rules.
 
We may accept an order to stop payment  on  any item from any one  of you.  You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable  opportunity to  act on  it  before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee.  You may stop  payment on any item drawn on your account whether you sign  the  item  or not.  Your  stop payment order is  effective  for six months  if it is  given  to us  in writing or  by another type of record (Generally, a "record" is information that is stored in such a way that it can be retrieved and can be heard or read and understood - you can ask  us what type  of stop payment  records you can  give us). Your  order will lapse after that time if you do  not  renew the  order in  writing  before the end of the six-month period. If  the  original  stop-payment  order was oral your stop-payment order will lapse after 14  calendar days if  it is not  confirmed  in writing or by another type of record within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.
 
If you stop payment on an item and we incur any damages  or  expenses  because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all  rights  against  the payee or any other holder of the item. You agree to cooperate with us in  any legal actions that we may take  against such  persons. You  should be  aware  that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
 
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations     on our obligation to stop payment are provided by law (e.g., we paid the  item     in cash or we certified the item).

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TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a  different  limitation  is  disclosed  in  writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere.

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AMENDMENTS AND TERMINATION - We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes we will give you reasonable notice in writing or by any other method  permitted by law. We may close this account if your membership in the credit union  terminates, or by giving reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible  for leaving enough money in the account to cover any outstanding items and charges to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we  cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to  your account,  we  might  immediately  freeze or close your account and then give you notice.  At  our  option,  we  may  suspend your rights to member services if you violate the terms of this agreement. If we have notified you of a change  in  any term  of  your  account and you continue to have your account after the effective date of  the  change, you have agreed to the new term(s).

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NOTICES - Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file. Notice to any of you is notice to all of you.

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STATEMENTS - Your duty to report unauthorized signatures, alterations and forgeries - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
 
You agree that the time you have to examine your statement and report to us   will depend on the circumstances, but will not, in any circumstance, exceed a  total of 30 days from when the statement  is  first  sent  or  made  available to you.
 
You further agree that if you fail to report any unauthorized  signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us  on  any items in that statement, and as between you and us the loss will be  entirely yours. This 60-day limitation is without regard to whether  we  used  ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
 
Your duty to report other errors - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other  error - such as an encoding error. In addition, if you receive or we make available either    your items or images of your items, you must examine them  for  any unauthorized or missing endorsements or any other problems. You  agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or  make  the  statement  available  precludes you from asserting a claim against us for any errors on  items  identified in that statement and as between you and us the loss will be entirely yours.

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ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.

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DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was  directly  deposited into your account, you authorize us to deduct the amount  of  our liability to the federal government from the account or from any other account  you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

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TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, each  person who  signs to  open  the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we  may at  some time in the future restrict or prohibit further use of this account if you  fail to comply with the requirements we have imposed within a reasonable time.

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RIGHT TO REPAYMENT OF INDEBTEDNESS - You each agree that we may (without prior notice and when permitted by law) charge  against  and  deduct from this account any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may    set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises  from a  promissory note,  then the  amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion     of the balance for which we have properly accelerated the due date.
 
In addition to these contract rights, we may also have rights under a "statutory lien." A "lien" on property is a creditor's right  to  obtain  ownership  of  the property in the event a debtor defaults on a debt. A "statutory lien"  is  one created by federal or state statute. If federal or state law provides us with a statutory lien, then we are authorized to  apply,  without  prior  notice,  your  shares and dividends to any debt you owe us, in accord with the statutory lien. Neither our contract rights nor rights under a  statutory  lien  apply  to  this account if prohibited by law. For example, neither our contract rights nor rights under a statutory lien apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created  by  a  consumer credit transaction under a credit card plan (but this does not affect    our rights under any consensual security interest), or (c) the debtor's right of withdrawal arises only in a representative  capacity,  or (d)  setoff  is  prohibited by the Military Lending Act or its implementing  regulations.  We  will  not  be liable for the dishonor of any check or draft when the  dishonor occurs because we charge and deduct an amount you owe us from your account. You agree to hold us  harmless  from any claim arising as a result of our exercise of our right  to repayment.

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RESTRICTIVE LEGENDS OR ENDORSEMENTS - The automated processing of the large volume of checks we receive prevents  us  from inspecting  or looking for restrictive legends, restrictive endorsements or other special instructions on every check. Examples of restrictive legends placed on checks are "must be presented within 90 days" or "not valid for more than $1,000.00." The payee's signature accompanied by the words "for deposit only" is an example of a restrictive endorsement. For this reason, we are not required to honor any restrictive legend or endorsement or other special instruction placed on checks you write unless we have agreed in writing to the  restriction  or  instruction. Unless we have agreed in writing, we are not responsible for  any  losses,  claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks.

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PAYMENT ORDER OF ITEMS - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items.
 
Our policy is to process items such as Automated Teller Machine ("ATM") Transactions, Debit Card Transactions, Teller Transactions, Telephone and On-line (Internet) Transactions, and Wire Transfers in real time as they occur throughout the day. We process Remote Deposit Capture Transaction items, which have been approved, throughout the day. Automated Clearing House ("ACH") items, which may be sent to us several times a day, are processed in accordance with NACHA Rules. We process Bill Payment transactions together with ACH payments. We process on-us checks in  the order  received  for the  day on which they are processed. We process Share Drafts or Checks  and similar items according to the dollar  amount  with  the  smallest  items  posted first for the day on which they are processed. We process scheduled transfers after close of business on the day the member designates for payment.
 
If a check, item or transaction is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item for insufficient funds (NSF). We will not charge you a fee for paying an overdraft of an ATM or everyday debit card transaction if this is a consumer account and you have not opted-in to that service. The amounts of the overdraft and NSF fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and everyday debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees.

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FACSIMILE SIGNATURES - Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you  for all  checks, drafts,  or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature  specimen filed  with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being  or   has been misused.

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CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink.  You  agree  that  we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect  each item.  Because  we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of endorsements unless you notify us in writing that the check requires multiple endorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it,   and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.

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CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other  instrument  written on  your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can  decide  what  identification  is reasonable under the circumstances and such identification  may  be documentary or physical and may include collecting a thumbprint or fingerprint.

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ENDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not endorsed by you.  We  may give  cash  back  to any one of you. We may supply any missing endorsement(s) for  any  item  we  accept for deposit or collection, and you warrant that all endorsements are genuine.
 
To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area. Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver's license number,  etc.)  must fall within 1 1/2"  of the "trailing edge"  of a check. Endorsements  must      be made in blue or black ink, so that they are readable by automated check processing equipment.
 
As you look at the front of a check, the "trailing edge" is the left edge. When you flip the check over, be  sure to keep  all endorsement information  within  1 1/2" of that edge.
 
 
 
It is important that you confine the endorsement information  to this  area since the remaining blank space will be used by others  in  the  processing  of  the check to place additional needed endorsements and  information.  You  agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back  of  the  check  obscures our endorsement.
 
These endorsement guidelines apply to both personal and business checks.

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DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official)  incompetent.  We  may  continue  to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree  that  we may pay or certify checks  drawn on or before the date of death or adjudication of incompetence for up to ten (10)  days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.

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FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.

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CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.

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LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a subpoena, restraining order, writ  of  attachment  or  execution,  levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account  and  not  allow  any payments out of the account until a  final  court  determination  regarding  the legal action. We may do these things even if the legal action involves less than  all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have  withdrawn  funds  from  your account or in any way restricted access to your funds in accordance with  the legal action. Any fees or expenses we incur in responding  to  any  legal action (including, without limitation, attorneys' fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.

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SECURITY - It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for  your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of  your money. An account number can be used by thieves to issue an electronic debit  or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person  are  no longer authorized.
 
Your account number can also be used to electronically remove money  from your account, and payment can be made from your  account even  though you did not contact us directly and order the payment.
 
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
 
Except for consumer electronic funds transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions  against your account,  such  as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we  offered,  unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.

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TELEPHONIC INSTRUCTIONS - Unless required by law or we have agreed otherwise in writing, we are not required to act upon  instructions  you  give us  via facsimile transmission or leave by voice mail or on a telephone answering machine.

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MONITORING AND RECORDING TELEPHONE CALLS AND CONSENT TO
RECEIVE COMMUNICATIONS - Subject to  federal  and  state  law,  we  may monitor or record phone calls for security reasons, to maintain a record  and  to ensure  that  you  receive  courteous  and  efficient  service.  You  consent  in advance to any such recording.
 
To provide you with the best possible service in our ongoing business  relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email.  However,  we  must  first obtain your consent to contact you about your account because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
 
  • Your consent is limited to your account, and as authorized by applicable law and regulations.
  • Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere).
 
With the above understandings, you authorize us to contact you regarding your account throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that  you  may  subsequently provide to us.
 
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless  service,  a  specialized mobile radio service, other radio common carrier service  or  any other service for which you may be charged for the call. You further authorize    us to contact you through the use of voice, voice mail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.
 
If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.

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CLAIM OF LOSS - If you claim a credit or refund because of a forgery,  alteration, or any other unauthorized withdrawal, you  agree  to  cooperate  with us in the investigation of the loss, including giving us an affidavit containing  whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act  related to the claim of lost, missing,  or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances  surrounding  any  claim  of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits  or  opportunity,  or  for  attorneys' fees incurred by you.
 
You agree that you will not waive any rights you have to  recover your loss against anyone who is obligated to  repay, insure, or  otherwise reimburse you  for your loss. You will pursue your  rights or,  at  our option,  assign them  to  us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.

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EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don't initiate the withdrawal. For  instance,  the  early  withdrawal  penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a  partial early  withdrawal. See your  notice of penalty  for early withdrawals for additional information.

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ADDRESS, EMAIL OR NAME CHANGES - You are responsible for notifying us of any change in your address, email or your name. Unless we agree otherwise, change of address, email or name must be made in  writing by at least  one  of the account holders. Informing us of your address, email or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address or email you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.

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RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.

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WAIVER OF NOTICES - To the extent permitted  by law, you  waive any  notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you  unless required by federal Regulation CC or other law.

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TRUNCATION, SUBSTITUTE CHECKS, AND OTHER CHECK IMAGES - If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute  check  or any other electronic or paper image, if the payment obligation relating to the original check  has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in  conformance with  our internal policy for retaining original checks. You agree to  indemnify us  for any loss we may incur as a result of any truncated  check  transaction  you initiate. We can refuse to accept substitute checks that  have  not  previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.

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REMOTELY CREATED CHECKS - Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used  to  withdraw  money  from  an  account. Unlike a typical check or draft, however, a remotely created  check  is not issued by the paying bank and does not contain the signature  of  the  account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a  statement that the owner authorized the check or has the owner's name typed or printed on the signature line.
 
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain  proof  of the  authorization  for at least 2 years from the date of the authorization, and supply us the proof if  we ask; and (3) if a check is returned you owe us the amount of the check,  regardless of when the check is returned. We may take funds  from  your  account to pay the amount you owe us, and if there are insufficient funds in    your account, you still owe us the remaining balance.

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UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally  include,  but are not limited to, those in which  credit,  electronic  fund  transfers,  checks,  or  drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.

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FUNDS TRANSFERS - The terms used in this section have the meaning given to them in Article 4A of the Uniform Commercial Code - Funds Transfers  (UCC  4A). This section will generally not apply to you if you  are  a  consumer. However, even if you are a consumer, this section will apply to that part of any funds transfer that is conducted by Fedwire. This section is subject to UCC 4A  as adopted in the state in which you have your  deposit  with  us.  This  agreement is also subject to all clearing house association rules, rules of the Board of Governors of the Federal Reserve System and their operating circulars. If any part of this agreement is determined to be unenforceable, the rest of the agreement remains effective. This agreement controls funds transfers unless supplemented or amended in a separate written agreement signed by us. This agreement does not apply to a funds transfer if any part of the transfer is governed by the Electronic Fund Transfer Act of 1978 (EFTA), except this agreement does apply to a funds transfer that is a remittance  transfer  as  defined in EFTA unless the remittance transfer is an electronic fund transfer as defined in EFTA.
 
Funds transfer - A funds transfer is the transaction  or series  of transactions  that begin with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's order. You may give us a payment order orally, electronically, or in writing, but your order cannot  state  any  condition  to payment to the beneficiary other than the time  of  payment. Credit  entries may be made by ACH.
 
Authorized account - An authorized account is a deposit account you have with us that you have designated as a source of payment of payment orders you issue to us. If you have not designated an authorized account, any account you have with us is an authorized account to the extent that payment of the payment order is not inconsistent with the use of the account.
 
Acceptance of your payment order - We are not obligated to accept any payment order that you give us, although we  normally  will  accept  your  payment order if you have a withdrawable credit in an authorized account sufficient to cover the order. If we do  not  execute  your  payment  order,  but give you notice of our rejection of your payment order after the execution date   or give you no notice, we are not liable to pay you as restitution any interest on a withdrawable credit in a non-interest-bearing account.
 
Cutoff time - If we do not receive your payment order or communication canceling or amending a payment order before our cutoff time on a funds transfer day for that type of order or communication,  the  order  or communication will be deemed to be received at the opening of our next funds transfer business day.
 
Payment of your order - If we accept a payment order you give us, we may receive payment by automatically deducting from any authorized account the amount of the payment order plus the amount of any expenses and charges for our services in execution of your payment order. We are entitled to payment on the payment or execution date. Unless your payment order specifies otherwise, the payment or execution date is the funds transfer date we  receive  the  payment order. The funds transfer is completed upon acceptance by the beneficiary's bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible to pay us any expenses and charges for our services. However, if you told us to  route  the funds transfer through an intermediate bank, and we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary's bank does not accept the payment order.
 
Security procedure - As described more fully in a separate writing, the authenticity of a payment order or communication canceling or amending a payment order issued in your name as sender may be verified by a security procedure. You affirm that you have no circumstances which  are relevant  to  the determination of a commercially reasonable security procedure unless those circumstances are expressly contained in a separate writing signed by us. You may choose from one or more security procedures that we have developed, or you may develop your own security procedure if it is acceptable to us. If you refuse a commercially reasonable security procedure that we have offered you, you agree that you will be bound by any payment order issued in your name, whether or not authorized, that we accept in good faith and in compliance with  the security procedure you have chosen.
 
Duty to report unauthorized or erroneous payment - You must exercise ordinary care to determine that all payment orders or amendments to  payment  orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the correct beneficiary, and not otherwise erroneous. If you discover (or with reasonable care should have discovered) an unauthorized, unenforceable, or erroneously executed payment order or  amendment,  you  must exercise ordinary care to notify us of the  relevant  facts.  The  time  you have to notify us will depend on  the  circumstances, but  that  time will  not in  any circumstance exceed 14 days from when you  are  notified  of  our acceptance or execution of the payment order or amendment or that your  account was debited with respect to the order or amendment. If you do not provide us with timely notice you will not be entitled to interest  on  any  refundable amount. If we can prove that you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you are liable to us for the amount of the  loss  not  exceeding the amount of your order.
 
Identifying number - If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number,  we  and  every receiving or beneficiary bank may rely upon the identifying number  rather than the name  to make payment, even if the number identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same financial institution or person.
 
Record of oral or telephone orders - You agree that we may, if we choose, record any oral or telephone payment order or communication of amendment or cancelation.
 
Notice of credit - If we receive a payment order to credit an account you have with us, we are not required to provide you  with  any notice  of the  payment order or the credit.
 
Provisional credit - You agree to be bound by the automated clearing house association operating rules that provide that payments made to  you  or  originated by you by funds transfer through the automated clearing  house  system are provisional until final settlement is made through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code.
 
Refund of credit - You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you in the amount credited and the party originating such payment will not be considered to have paid the amount so credited.
 
Amendment of funds transfer agreement - From time to time we may amend any term of this agreement by giving you reasonable notice in writing. We may give notice to anyone who is authorized to send payment orders to us in your name, or to anyone who is authorized to accept service.
 
Cancelation or amendment of payment order - You may cancel or amend a payment order you give us only if we receive the communication of cancelation  or amendment before our cutoff time and in time to have a reasonable opportunity to act on it before we accept the payment  order.  The communication of cancelation or amendment must be presented in conformity with the same security procedure that has been agreed to for payment orders.

Intermediaries - We are not liable for the actions of any intermediary, regardless of whether or not we selected the intermediary.  We  are  not  responsible  for acts of God, outside agencies, or nonsalaried agents.
 
Limit on liability - You waive any claim you may have against us for consequential or special damages, including loss of profit arising out of a payment order or funds transfer, unless this  waiver  is  prohibited  by law.  We are not responsible for attorney fees you might incur due  to  erroneous  execution of payment order.
 
Erroneous execution - If we receive an order to pay you, and we erroneously pay you more than the amount of the payment order, we are entitled to recover from you the amount in excess of the amount of the payment order, regardless  of whether you may have some claim to the excess amount  against  the originator of the order.
Objection to payment - If we give you a notice that reasonably identifies a payment order issued in your name as sender that we have accepted and received payment for, you cannot claim that we are not entitled to retain the payment unless you notify us of your objection to the payment within one year   of our notice to you.
 


TCU BUSINESS DEBIT MASTERCARD AGREEMENT
TERMS AND CONDITIONS
Introduction. This TCU Business Mastercard Agreement  ("Agreement")  contains contract terms and other important information relating to your TCU Business Mastercard ("Card"). These terms govern the operation  of  this  account unless varied or supplemented in writing. This Agreement also incorporates any other terms and conditions provided separately with your account agreement as well as the terms of any disclosures you may have received. You should read this Agreement carefully and keep a copy for your records.
 
Applicable Law. This Agreement will be governed by the laws of the state in which your account is located as well as federal laws and regulations. Normal banking customs and practices also apply.
 
Definitions. Unless inconsistent, words and phrases used in this document shall be construed so that the singular includes the plural and the plural includes the singular. The words "we," "our," and "us" refer to the financial institution which issues the Card. The words "you" and "your" refer to the owner of the specific account for which Card transactions are permitted. The word "Cardholder" refers to any person authorized by you to use the Card.
 
Business Debit Mastercard Purpose. You and any Cardholder agree that this Card is for use by business owners and employees. The Card can be used for business purpose point-of-sale and Automated Teller Machine (ATM) transactions only. The Card may not be used for personal purposes. You acknowledge and understand that the Card shall not be treated as a consumer card under the provisions of state and federal law.  You  agree  to  provide  written instructions to all Cardholders that the Card shall not be used for consumer purposes. We assume all transactions are for business purposes. We do not monitor transactions to determine their purpose.
 
Account Requirement, Payment Responsibility, Transferability, Enforceability. The services described in this Agreement will  be available  to you  only as long as you maintain a business share draft account with us. You are liable for the payment of Card transactions authorized by you or your agent  or  any  Cardholder or their agent. This account may not be transferred or assigned without our written consent.
If any terms of this Agreement cannot be legally enforced, it will be considered changed to the extent necessary to comply with applicable laws. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable.
 
How to Use the Business Debit Mastercard, Security Procedures. The Card allows Cardholders to directly access the business  share  draft  account specified in your Card Application. We will issue Cards and PINs to you at your request. Each Card will identify your business as well as the Cardholder.
You agree to the following security procedures. Each  Cardholder  must  sign their Card before it may be used. You agree to require both a Card and a PIN to be used together to obtain cash at designated ATMs. However, you may use  your Card to purchase goods or pay for services without a  PIN. Once  a  Card has been issued it cannot be transferred to another person. You agree to immediately notify us when you terminate  a  Cardholder's  rights  and  to promptly return the Card to us. You agree to provide written instructions to all Cardholders about the importance of protecting the Card and PIN. You agree to examine your receipts and periodic statements in a timely manner. You agree that the dollar/frequency limits assigned to each Cardholder will also act as a security procedure. You also agree to all security procedures identified in  the TCU Business Debit Card Security Procedures Agreement.
 
Termination and Amendments.
We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes we will give you reasonable notice in writing or by any other method permitted by law. We may close this account if your membership in the credit union terminates, or by giving reasonable notice  to you and tender of the account balance personally  or  by  mail.  Items presented for payment after the account is closed may be dishonored.  When  you close your account, you are responsible for leaving enough money in the account to cover any outstanding items and charges to be paid  from  the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account  closure becomes effective. For  instance, if  we suspect fraudulent  activity with respect  to your account, we might immediately freeze or close your account and then  give you notice. At our option, we may suspend your  rights  to  member  services if you violate the terms of this agreement. If we have notified you of a change in any term of your account and you  continue  to  have  your account after the effective date of the change, you have agreed to the new term(s).
 
Notices. Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is deposited in the  United  States  Mail with proper postage and addressed to your mailing address we have on file. Notice to any of you is notice to all of you. You will keep us notified of  your current mailing address.
 
Order of Payment. The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn  or returned  unpaid  and the amount of the fees you may have to pay. To assist you in managing   your account, we are providing you with  the  following  information  regarding how we process those items. Our policy is  to  process  items  such  as Automated Teller Machine ("ATM") Transactions, Debit  Card  Transactions, Teller Transactions, Telephone and On-line (Internet) Transactions, and Wire Transfers in real time as they occur throughout the day. We process Remote Deposit Capture Transaction items, which have been approved, throughout the day. Automated Clearing House ("ACH") items, which may be  sent  to  us  several times a day, are processed in accordance with NACHA Rules. We process Bill Payment transactions together with ACH payments. We process on us checks in the order received for the day on which they are processed. We process Share Drafts or Checks and similar items according to  the  dollar  amount with the smallest items posted first for the day on which they are processed. We process scheduled transfers after close of business on the day the member designates for payment. If a check,  item  or  transaction  is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an  overdraft)  or  return  the  item  for insufficient funds (NSF). We will not  charge you  a fee  for paying  an overdraft  of an ATM or everyday debit card transaction if this is a consumer account and you have not opted-in to that service. The amounts of the overdraft and NSF   fees are disclosed elsewhere, as are your rights to opt in to overdraft services  for ATM and everyday debit card transactions, if applicable. We encourage you  to make careful records and practice good account management. This will help you to avoid creating items  without  sufficient  funds  and  potentially  incurring the resulting fees. We reserve the right  to  pay  Card  transactions  before checks, drafts, and other items.
 
Overdraft Protection. You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However,  the  fact  that  we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what  circumstances  we  have paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit      to paying overdrafts under certain circumstances, such as  an  overdraft protection line-of-credit or a plan to sweep funds  from  another  account  you have with us. You agree that we may charge fees for overdrafts. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees. If your  account has an overdraft protection feature,  unless  otherwise  agreed  in  writing, Card transactions that would otherwise overdraw your account will be covered by the overdraft protection feature. Your  overdraft  protection  feature will be documented on a separate agreement. You should become familiar with that document as some of the terms, such as your liability for unauthorized transfers initiated with your Card, may vary from the terms of this Agreement. Although we are under no obligation to cover  any  and  all  overdrafts  that exceed the fully paid and collected balance in your account, we may pay an overdraft by transferring shares to your checking/share draft account. If we do  not pay the overdraft, each overdraft transaction is  subject  to  the  Credit  Union's overdraft fees as listed in the Fee Schedule.
 
Transactions may not be processed in  the  order in  which  they occurred, and the order in which transactions are received by TCU and processed can affect  the total amount of overdraft fees for items not covered.
 
Overdraft lines of credit are subject to credit underwriting and  lending regulations. If we have a written loan agreement with you, we may pay the overdraft by increasing the outstanding loan balance of the loan account(s) indicated by you below. Overdraft protection provided by increasing your loan balance requires a prior approved line of credit in accordance with the Credit Union's loan policy and is subject to various additional disclosures.
 
We may pay the overdraft for ACH and remotely created check (i.e. phone initiated) transactions. In addition, we may pay the overdraft for check withdrawals, Bill Payment, and point of purchase transactions (scanned checks at the time of purchase).
 
Overdrafts caused by posted debit card transactions  may,  from  time  to  time, be covered by overdraft protection. You may, for  example,  have  sufficient  funds to use your debit card, but still cause  an overdraft on  a check that  had  not yet been processed. Debit card authorization requests, point of sale transactions with your PIN, and ATM withdrawals are not applicable. These requests will be rejected if you do not have sufficient funds available in your  share draft account. However, you may initiate a debit card authorization  request, point of sale transaction, or ATM withdrawal that may subsequently overdraw your share draft account, which may be subject to the Credit Union's overdraft fees as listed in the Fee Schedule.
 
Stop Payment. Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers  of  funds,  such  as  consumer  electronic fund transfers, may be established by law or our policy. If  we  have  not  disclosed these rules to you elsewhere, you may ask  us  about  those  rules. Only stop-payment requests from you or the Cardholder who authorized the transaction will be honored. However, because Card transactions are often processed immediately, stopping or amending payment is difficult and we cannot ensure that any request you make will be effective. In order to be  effective, we must receive your request in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number,  date,  and  amount of  the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Your stop payment order is effective  for six months if it is given to us in writing or by another type of  record  (Generally, a "record" is information that is stored in such a way that it can be retrieved and can be heard or read and understood - you can ask us what  type  of stop payment records you  can give us). Your order will lapse after that  time    if you do not renew the  order in writing  before the end of  the six-month period.

If the original stop-payment order was oral your stop payment order will lapse after 14 calendar days if it is not confirmed in writing  or by another type  of  record within that time period. We are not obligated to notify you when a stop-payment order expires. Only you may release a stop-payment request. If  you stop payment on an item and we incur any damages or expenses  because  of the stop payment, you agree to indemnify us for  those  damages  or  expenses, including attorneys' fees. You assign to us all  rights  against  the payee or any other holder of the item. You agree to cooperate with us in  any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment  against  you  despite the stop-payment order. Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are  provided  by law (e.g., we paid the item in cash or we certified the item).
 
TYPES OF TRANSACTIONS
Below are the types of transactions your Card will accommodate.
 
ATM Transfers. You may access your account by ATM using your Card and PIN to:
 
  • make deposits to your share draft account.
  • make deposits to your share savings account.
  • get cash withdrawals from your share draft account.
    • your dollar limitations will be disclosed in writing at Card issuance.
    • there is a charge of $1.00 per transaction at ATMs we do not own or operate. *
  • get cash withdrawals from your share savings account.
    • your dollar limitations will be disclosed in writing at Card issuance.
    • there is a charge of $1.00 per transaction at ATMs we do not own or operate. *
  • transfer funds from your share draft account to your share savings account.
    • there is a charge of $1.00 per transaction at ATMs we do not own or operate. *
  • transfer funds from your share savings account to your share draft account.
    • there is a charge of $1.00 per transaction at ATMs we do not own or operate. *
  • get information about:
    • the account balance of your share draft account.
    • the account balance of your share savings account.

Some of these services may not be available at all terminals.
 
*This charge is in addition to any additional fees that may be charged by the owner of the ATM.
 
Point-of-Sale Transactions. You may access your share draft account with your Card to purchase goods (in person, by phone, or by computer), pay for services (in person, by phone, or by computer), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that you can do with a credit card that a participating merchant will accept with a credit card.
 
Using your Card and/or PIN:
 
  • your dollar limitations will be disclosed in writing at Card issuance.
 
You may sign up for alerts on your mobile devices to get an alert when certain transactions are processed, such as international or online purchases.
 
*Standard text messaging and data rates may apply.
 
Currency Conversion and Cross-Border Transaction Fees. When you use your Debit Mastercard at a merchant that settles in currency other than U.S. dollars, the charge will be converted into the U.S. dollar amount. The exchange rate between the transaction currency and the billing currency used  for  the processing international transactions is a rate selected  by  Debit  Mastercard from the range of rates available in wholesale currency markets for  the  applicable central processing date, which rate may vary from the rate Debit Mastercard itself receives, or the government-mandated rate in effect for the applicable central processing date, plus 1 percent.
 
Advisory Against Illegal Use. You agree not to use your Card for illegal gambling or other illegal purpose. Display of a payment card logo by, for  example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the Cardholder may be located.
 
You agree not to attempt to log on to any Website and make purchases using your TCU Business Debit Card from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to these Websites and make purchases from one of these countries may result in your access to your TCU Debit Card being restricted and/or terminated.
 
FEES
  • Please refer to the separate fee schedule for additional information  on fees.
 
DOCUMENTATION
Terminal Transfers. You can get a receipt at the time you make a transfer to or from your account using one of our ATM or point-of-sale terminals.  However,  you may not get a receipt if the amount of the transfer is $15 or less.
 
Retain Copies for Your Records. You should retain copies of all records including receipts, credit slips (for returned merchandise), and cancellation numbers (for cancelled reservations). You should also mark each transaction in your account record (but not while at a terminal). You should review  your  periodic statement for accuracy and compare your account record against your periodic statement to reconcile balances.
 
Periodic Statements. You will get a monthly account statement from us for your share draft account that will also include a record of transactions made using your Card.
 
You will get a monthly account statement from us for your share savings accounts, unless there are no transfers or transactions in a particular month. In any case, you will get a statement at least quarterly.
 
LIMITATIONS ON OUR LIABILITY
 
We will not be liable if:
  • through no fault of ours you do not have enough money in your account to make the transfer.
  • you have an overdraft line and the transfer would cause you to exceed your credit limit.
  • an ATM does not have sufficient cash.
  • a terminal or system is not working properly.
  • circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
  • a merchant refuses to accept your Card.
  • an ATM rejects your Card.
 
There may be other limitations on our liability.
 
UNAUTHORIZED TRANSFERS
Additional Risk Associated with Use of Business Purpose Cards. You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Card. This means  your liability for the  unauthorized  use of your Card could be greater than the liability in a consumer debit card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in this Agreement.
 
Your Liability for Unauthorized Transfers. You are liable for Card transactions you do not authorize if we can prove  that  we  processed  the  transaction  in good faith and in compliance with  a  commercially  reasonable  security procedure to which we both agreed, unless otherwise required by law.
 
Tell us AT ONCE if you believe your Card and/or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If your Card and/or PIN is lost, stolen, or used without your permission, you agree to notify us immediately and to promptly confirm such notice in writing. Your liability for transactions with your Card and/or PIN will continue until 2 business days after the day we receive such written notice. If you do  not notify us within 60 days from when the periodic statement containing an unauthorized transaction was first mailed or made available to you, we will be entitled to treat the information in the periodic statement as correct, and you will be precluded from asserting otherwise.
 
  • Additional Limits  on  Liability for TCU Debit  Mastercard©.  You  will not  be liable for any unauthorized transactions using your TCU Debit Mastercard©   if:   (i)   you   can   demonstrate   that   you   have   exercised reasonable care in safeguarding your card from the risk of loss or theft,  and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
 
Contact in Event of Unauthorized Transfer. If you believe your Card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure.
 
Consequential Damages. We will not be liable for any consequential or incidental damages resulting from the unauthorized use of your Card.
 
ERROR RESOLUTION
You agree to examine your receipts and periodic statements using ordinary care and to report any errors or problems to us within a reasonable time. You agree that the time to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed  a  total  of  60  days from when the statement containing the error or problem was first mailed  or made available to you. If you  do not  report  within 60 days,  we will  be  entitled to treat such information as correct and you will be precluded from asserting otherwise. You further agree that if you fail to report to us within 14 days from when the statement was first mailed  or made  available to  you that  we will not be required to pay dividends or interest on any refund to which you may be entitled. We will only recredit your account for  errors  or problems  as  required by law.
 
Call or write us immediately with errors or questions about your electronic transfers at the telephone number or address listed in this disclosure. If you  tell us orally, we may require your complaint or question in writing  within  14 business days.
 
(1) Tell us your name and account number (if any).
(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 provide us with timely notice of an error or problem in your periodic statement, we will investigate the matter and notify you of the results as soon     as reasonably possible under the circumstances.
You may ask for copies of the documents that we used in our investigation.
TEACHERS CREDIT UNION
MEMBER CALL CENTER
110 S. MAIN STREET
SOUTH BEND, INDIANA 46601
Business Days: Monday through Friday Excluding Federal Holidays
Phone: 800-552-4745
E-mail: webmaster@tcunet.com
NOTICE OF ATM/NIGHT DEPOSIT FACILITY USER PRECAUTIONS
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
 
  1. Prepare for your transactions in advance (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
  2. Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don't leave them at the ATM or night deposit facility because they may contain important account information.
  3. Compare your records with the account statements you receive.
  4. Don't lend your ATM Card to anyone.
  5. Remember, do not leave your Card at the ATM. Do not leave any documents at a night deposit facility.
  6. Protect the secrecy of your Personal  Identification  Number  (PIN).  Protect your ATM Card as though it were cash. Don't tell anyone your  PIN. Don't give anyone information regarding your ATM Card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don't write your PIN where it can be discovered. For example, don't keep a note of your PIN in your wallet or purse.
  7. Prevent others from seeing you enter your PIN by using your body to shield their view.
  8. If you lose your ATM Card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your Card is lost or stolen.
  9. When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the  ATM  or night  deposit  facility, particularly if it is after sunset. At night, be sure that the  facility  (including  the  parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
  10. Don't accept assistance from anyone you don't know  when  using  an ATM or night deposit facility.
  11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your Card and leave. You might consider using another ATM or coming back later.
  12. Don't display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home or other secure surrounding.
  13. At a drive-up facility, make sure all the car doors are locked and all of    the windows are rolled up, except the driver's window. Keep the engine running and remain alert to your surroundings.
  14. We want the ATM and night deposit  facility to  be safe  and convenient  for you. Therefore, please tell us if you know of any problem  with  a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to  both the operator of the facility and the local law enforcement officials immediately.
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BUSINESS DEBIT MASTERCARD REBATE DISCLOSURE
Eligibility - The Rebate Program is available to Members in good standing who have a Teachers Credit Union Business Debit Mastercard, (hereinafter referred  to as "Check Cards") are automatically enrolled in the Rebate Program (hereinafter referred to as "Enrolled Members"). Program Eligibility is subject to change.
 
Check cards are issued to make debit card transactions on a Member's Membership Account and sub-accounts, including shares and share draft accounts ("Membership Account"). All Membership Accounts must be in good standing, to participate in the Rebate Program; and all of the Member's loans ("Loan Accounts") must be in good standing.
 
Rebate - Rebates are earned on "Eligible Signature Purchases" made with the Check Card to make purchase transactions that require a Member (personal) signature. Rebates are not earned on cash advances, returned purchases, balance transfers, Automated Teller Machine (ATM)  transactions  or  transactions made using a Personal Identification Number (PIN). Enrolled Members will earn a Rebate equal to .50% of the entire amount of Eligible Signature Purchases for goods and services paid for with your Teachers Credit Union Business Debit Mastercard.
 
Rebate Redemption - Rebates may be redeemed at any time. Rebates may be redeemed: online, by visiting Teachers Credit Union's Internet Banking Site at https://www.tcunet.com; in person, by visiting the nearest  service  center location; or, by sending a written request to Teachers Credit Union Member Services Department, P.O. Box 1395, South Bend, Indiana 46624-1395.
 
Rebate Redemption for Affiliate Transactions - "Affiliate Transactions" include the following Teachers Credit Union or TCU affiliate transactions. Affiliate Transactions are subject to availability.
 
Forfeiture - All Rebates expire three (3) years from the end of the Calendar  Year, in which they are earned.
Other Terms and Conditions - Statements - Information about the Debit Card Rebate Program will be available online or on periodic account statements.
 
Rebates may only be redeemed if the Member is in  good  standing  with Teachers Credit Union. Rebates will not be redeemed if: the Member's Check Card is closed; any Member's loan is in default; or the Member owes Teachers Credit Union money for fees or negative balances. If any of  the  foregoing  occurs the rebate will expire immediately and will not be available  for  redemption.
 
Rebates are non-negotiable and non-transferable. Teachers Credit Union reserves the right to disqualify any person from participation in the Rebate Program if, in Teachers Credit Union's sole judgment, that person or another person has violated the Rebate Program Rules or the By-laws  of  Teachers Credit Union.
 
Teachers Credit Union also reserves the right to amend or terminate the Rebate Program at any time, upon thirty (30) days written notice. If the Rebate Program is terminated, Enrolled Members will be granted twelve months, from the Program termination date, to redeem the Rebate.
 
Rebate redemptions may subject Enrolled Member to tax liability.
 
The Rebate will be calculated on a calendar year basis.

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YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to all accounts.
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in  cash and  we  will use  the funds to pay checks that you have written.
 
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems  involving  your  deposit.
 
For determining the availability of your deposits, every day is a  business  day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business  day that  we are  open,  we will  consider that  day to be the day of your deposit. However,  if you  make a  deposit after  closing or on a day we are not open, we will consider that the deposit was made on the  next business day we are open.
 
If we cash a check for you that is drawn on  another  bank,  we  may  withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available  at the  time  funds  from the check we cashed would have been available if you had deposited it.
 
If we accept for deposit a check that is drawn on another bank, we  may  make funds from the deposit available for withdrawal  immediately  but  delay your availability to withdraw a corresponding amount  of  funds  that  you  have  on deposit in another account with us. The funds in the  other account would  then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
 
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not   be available until the second business day after the day of  your deposit.  The  first $200 of your deposits, however, will  be  available  on  the  first  business day.
 
If we are not going to make all of the  funds from your deposit  available on the first business day, we  will notify you at the  time you make your deposit.     We will also tell you when the funds will be available.  If  your deposit  is  not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after  we receive your deposit.
 
If you will need the funds from a deposit right  away,  you should  ask us  when the funds will be available.
 
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
 
We believe a check you deposit will not be paid.
 
You deposit checks totaling more than $5,000 on any one day. You redeposit a check that has been returned unpaid.
 
You have overdrawn your account repeatedly in the last six months.
 
There is an emergency, such as failure of computer or communications equipment.
 
You deposited a check that came from a non U.S. Financial Institution.
 
We will notify you if we delay your ability  to  withdraw  funds  for  any  of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
 
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new member, the following special rules will apply during the first 30 days your account is open.
 
Funds from electronic direct deposits to your account will  be  available  on the day we receive the deposit. Funds from deposits of cash made in person to one of our employees, wire transfers, checks drawn  on Teachers  Credit Union or a branch of Teachers Credit Union that is located in the same state or check processing region as Teachers Credit Union, and the  first  $5,000 of  a  day's total deposits of cashier's, certified, teller's, traveler's, and federal,  state  and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Also, funds from deposits of cash not made in person to one of our employees will not be available until the second business day after the day of your deposit.
 
Funds from all other check deposits will be available on the ninth business day after the day of your deposit.
 
DEPOSITS AT AUTOMATED TELLER MACHINES
Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we own or operate will be available on the second business day after the day of deposit, except that U.S. Treasury checks that are payable to you will be available on the first business day after the day of deposit. Also, the first $200 of a deposit will be available on the first business day after the day of deposit. Checks drawn on Teachers Credit Union will be available on the first business day after the day of deposit if the deposit is made at an ATM located on our premises.
 
Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit.
 
All ATMs that we own or operate are identified as our machines.
 
INTERNET BANKING
Teachers Credit Union ("TCU") does not share your personal (non-public) information with nonaffiliates.
View Teachers Credit Union's complete privacy statement and terms of use at https://www.tcunet.com

 
TEACHERS CREDIT UNION
110 SOUTH MAIN ST.
SOUTH BEND, IN 46601
(574) 232-8012

 
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Federally Insured by NCUA. Teachers Credit Union, Lender NMLS #686706