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ELECTRONIC SIGNATURE BY CHECKING "I AGREE" BELOW AND BY THE USE OF "PERSONAL COMPUTER ELECTRONIC BANKING," I AM CONSENTING TO THE ELECTRONIC DELIVERY TO ME BY YOU OF THIS DISCLOSURE AND AGREEMENT AND ANY OTHER INFORMATION RELATED TO THIS SERVICE WITH THE EXCEPTION OF THE PIN AS SUBSEQUENTLY DESCRIBED HEREIN. FOR MY RECORDS, YOU RECOMMEND THAT I PRINT AND RETAIN A COPY OF THIS DISCLOSURE AND AGREEMENT. In this Disclosure and Agreement, the words "I," "me," "my," "us" and "our" mean each and all of those who use "Personal Computer Electronic Banking," the electronic services described in this Disclosure and Agreement. The words "you," "your," and "yours" mean CHAFFEY FEDERAL CREDIT UNION. My use of electronic funds transaction hereunder constitutes an agreement between you and me as described below. This Disclosure and Agreement is given by you in compliance with the Electronic Funds Transfer Act (15 U.S.C. Section 1693, et seq.) and Regulation E (12 CFR 205, et seq.) to inform me of certain terms and conditions of this electronic funds transfer service. I have previously received your complete Electronic Funds Disclosure and Agreement describing all the electronic services offered by you, the terms and conditions of which remain in effect. I understand that the agreements, terms, conditions, rules and regulations applicable to my Checking Account, Share Account, VISA Credit Card, Personal Line of Credit and any other applicable accounts, remain in full force and effect and continue to be applicable, except as specifically modified by this Disclosure and Agreement. GENERAL DISCLOSURES Business Day Disclosure Your business days are Monday through Friday, except holidays. Your business hours are 7:30 a.m. to 5:00 p.m. Monday and Friday, 9:00 a.m. to 5:00 p.m. Tuesday thru Thursday. "Personal Computer Electronic Banking" is generally available 24 hours a day, 7 days a week. Disclosure of Account Information to Third Parties You will disclose information to third parties about my account or transfers I make: When it is necessary to complete an electronic transaction; or In order to verify the existence and condition of my account for a third party, such as a credit bureau or merchant; or In order to comply with a government agency or Court order, or any legal process; or If I give you written permission. In Case of Errors or Questions About My Electronic Services Transactions Telephone you at: (909) 986-4552 or (626) 968-9329 or write you at: CHAFFEY FEDERAL CREDIT UNION 410 North Lemon Avenue Ontario, CA 91764 [P.O. Box 660, Ontario, 91762] as soon as I can, if I think my statement or receipt is wrong or if I need more information about a transaction listed on the statement or receipt. You must hear from me no later than sixty (60) days after you send me the FIRST statement on which the problem or error appeared. I must: Tell you my name and account number; Describe the error or the transaction I am unsure about and explain as clearly as I can why I believe it is an error or why I need more information; and Tell you the dollar amount of the suspected error. If I tell you orally, you will require that I send you my complaint or question in writing within ten (10) business days. You will determine whether an error occurred within ten (10) business days after you hear from me and will correct any error promptly. If you need more time, however, you may take up to forty five (45) days to investigate my complaint or question. If you decide to do this, you will credit my account within ten (10) business days for the amount I think is in error, so that I will have the use of the money during the time it takes you to complete your investigation. However, if the notice of error involves a transfer to or from an account within thirty days after the first deposit to the account was made, you may have up to twenty (20) days to determine if an error occurred and you will credit such an account within twenty (20) days if more time is needed to complete your investigation. If you ask me to put my complaint or question in writing and you do not receive it within ten (10) business days, you may not credit my account. For an electronic fund transfer initiated outside of the United States or occurring within thirty (30) days after the first deposit was made to the account, you may take up to ninety (90) rather than forty five (45) calendar days to complete your investigation. You will tell me the results within three (3) business days after completing your investigation. If you decide that there was no error, you will send me a written explanation. I may ask for copies of the documents that you used in your investigation. Your Liability for Failure to Make or Complete Electronic Funds Transactions If you do not properly complete an electronic funds transaction to my account on time or in the correct amount according to your agreement with me, you may be liable for my losses and damages. However, there are some exceptions. You will not be liable, for instance, if: Circumstances beyond your control (such as fire, flood, earthquake, electronic failure or malfunction of central data processing facility, etc.) prevent the transaction, despite reasonable precautions; Through no fault of yours, I do not have enough money in my account (or sufficient collected funds) to make a transaction; The funds in my account are subject to an uncollected funds hold, legal process or other circumstances re-strict-ing such transaction or payment; You have received incorrect or incomplete information from me; "Personal Computer Electronic Banking" was not working properly and I knew about this breakdown when I started the transaction; The "Personal Computer Electronic Banking" has been repeatedly entered incorrectly; The transaction would exceed my Line of Credit limit; Your failure to complete the transaction is done to protect the security of my account and/or the electronic terminal system; There may be other exceptions. Charges for Electronic Funds Transaction Services All charges associated with my electronic funds transactions are disclosed in your Schedule of Fees and Charges which follows this Disclosure and Agreement. Any fees charged will be deducted from my Checking or Share Account. Change in Terms You may change the terms and charges for the services indicated in this Electronic Services Disclosure and may amend this Disclosure and Agreement from time to time. If I have an account with you through which electronic transactions are being processed, I will receive written notice at least twenty-one (21) days prior to the effective date of the change(s), or as otherwise provided by law. Disclosure of Delayed Funds Availability You may place a hold for uncollected funds on an item I deposit. This could delay my ability to withdraw or transfer such funds by "Personal Computer Electronic Banking." For further details, see your "Disclosure of Funds Availability Policy" or contact a Credit Union officer. Right to Receive Documentation of Transactions Periodic Statement. I will receive a monthly statement (unless there are no transfers in a particular month), for the account(s) which I have accessed using the "Personal Computer Electronic Banking" or any other electronic service which will show the calendar date that I initiated the electronic transfer, the type of transfer and the type of account(s) accessed by the transfer, and the amount of transfers occurring in that statement period. I will get a statement at least quarterly. My Liability for Unauthorized Transactions and Advisability of Prompt Reporting I must tell you AT ONCE if I believe my "Personal Computer Electronic Banking" PIN has been lost or stolen. Telephoning is the best way of keeping my possible losses down. A written notification to you should follow my telephone call. I could lose all the money in my account (plus my maximum overdraft Line of Credit). However, if I believe my PIN has been lost or stolen, and I tell you within two (2) business days after I learn of the loss or theft, I can lose no more than $50.00 if someone used my PIN without my permission. If I do NOT tell you within two (2) business days after I learn of the loss or theft of my PIN and you can prove you could have stopped someone from using my PIN without my permission if I had told you, I could lose as much as $500.00. Also, if my statement shows transfers that I did not make, I must tell you at once. If I do NOT tell you within sixty (60) days after the statement was mailed to me, I may not get back any money I lost after the sixty (60) days if you can prove that you could have stopped someone from taking the money if I had told you in time. If I can document a good reason (such as a long trip or hospital stay) kept me from telling you, you will extend the time period. Telephone Number and Address to be Notified in Event of an Unauthorized Transaction If I believe my PIN has been lost or stolen or that someone will or may use it to transfer money from my account without my permission, I must telephone you at: (909)986-4552 or (626) 968-9329, or write you at: CHAFFEY FEDERAL CREDIT UNION, 410 North Lemon Avenue, Ontario, CA 91764 [P.O. Box 660, Ontario, 91762] Regulation "D" Restrictions on Electronic Funds Transfers Preauthorized, automatic or telephone withdrawals or transfers from Savings Accounts are limited to no more than six (6) transfers in each calendar month. No more than three of the six withdrawals or transfers may be made by check, share draft or other order. However, I may make an unlimited number of withdrawals from or transfers among my own Share Accounts by mail, messenger or in person at the Credit Union or at an ATM. I may also make an unlimited number of withdrawals from my Savings Accounts through the audio response system, "Personal Computer Electronic Banking" or by telephone if I request that you send me a check. Transfers or withdrawals in excess of the above limitations will not be honored. Termination of Electronic Funds Transaction Services I may, by written request, terminate the electronic services provided for in this Disclosure and Agreement. You may terminate my right to make electronic funds transactions at any time upon written notice. If I ask you to terminate my account or the use of "Personal Computer Electronic Banking," I will remain liable for subsequent authorized trans-actions performed on my account. Relationship to Other Disclosures The information in these Disclosures applies only to the "Personal Computer Electronic Banking." Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the account involved. Copy Received I acknowledge receipt of a copy of this Disclosure and Agreement electronically. ADDITIONAL DISCLOSURES APPLICABLE TO "PERSONAL COMPUTER ELECTRONIC BANKING" "Personal Computer Electronic Banking" is your home banking service that allows access to my accounts through the use of a personal computer or remote computer terminal, communications software, a modem and a "Personal Computer Electronic Banking"/audio response PIN which you will initially provide. Account Access "Personal Computer Electronic Banking" is available for my Savings Account, Checking Accounts, Money Market Account and Personal Line of Credit Account and most other savings account(s) and loan account(s) using my PIN. Types of Available Transactions 1. Balance inquiries. 2. Account history for up to the last ninety (90) days. 3. Transfer of funds among and between my accounts. 4. Transfers to other members' accounts with prior written authorization. 5. Withdrawals from my savings account(s) (except from IRAs or from the principal of a certificate account) or checking account(s) or advances on my Personal Line of Credit made by Credit Union check made payable to the account owner whose name appears first on the Signature Card and mailed to that person's address of record. 6. Loan payments by transfers from my Savings Account, Checking Account or Money Market Account. 7. Change of my PIN. 8. On-line loan applications (when available). You may offer additional services in the future and, if so, I will be notified of them. NOTE: Address of record changes may not be made by use of "Personal Computer Electronic Banking." All such changes may only be made in person or in writing by the account owner whose name appears first on the Signature Card. Limitations on Frequency and Dollar Amount of Transactions 1. Withdrawals from my Savings Account(s) or Checking Account or loan advances on my Personal Line of Credit, whether by check or transfer to other accounts are limited to $10,000 per transaction and as listed below. 2. All withdrawals and transfers from a Savings or Checking Account are limited to the extent of clear funds available in the account. 3. All loan advances are limited to the amount available from the Personal Line of Credit. 4. There is no charge for the use of "Personal Computer Electronic Banking." 5. Some transactions on my accounts may be subject to Credit Union fees and charges. For more information, I will refer to the Schedule of Fees and Charges, my Account Agreement and Truth-in-Savings Disclosure and Schedule of Fees and Charges and, where applicable, my Personal Line of Credit Account Agreement and Truth-in-Lending Disclosure Statement. "Personal Computer Electronic Banking" PIN I understand that I cannot use "Personal Computer Electronic Banking" without a member identification number which you refer to as a PIN. My use of this PIN serves as my Electronic Signature acknowledging my use of this service. This is the same PIN I have been provided by you (and may have subsequently changed) for use with the audio response system. I understand that any change in the PIN will be effective for both audio response and "Personal Computer Electronic Banking." I further understand that you recommend frequent changes to the PIN to provide maximum security. I am responsible for the safekeeping of my PIN and for all transactions made by use of "Personal Computer Electronic Banking." I will notify you immediately by phone and send written confirmation if my PIN is disclosed to anyone other than the joint owner of my account. If I disclose my PIN to anyone, however, I understand and agree that I have given them access to my account via "Personal Computer Electronic Banking" and audio response and I am responsible for any such transaction. I understand and agree that I must change the PIN immediately to prevent transactions on my Account if anyone not authorized by me has access to my PIN. I further understand and agree that my PIN is not transferable and I will not disclose it or permit any unauthorized use thereof. Verification All transactions affected by use of "Personal Computer Electronic Banking" which would otherwise require my signature, or other authorized signature, shall be valid and effective as if signed by me when accomplished by use of the PIN or as otherwise authorized under this Agreement. Deposits at an ATM are subject to verification by you and may only be credited or withdrawn in accordance with your "Delayed Funds Availability Policy" and therefore may not be available for transfer through "Personal Computer Electronic Banking." Transactions accomplished after the close of normal business each day shall be deemed to have occurred on your next business day. Additional Liability Exceptions By using "Personal Computer Electronic Banking" I agree that neither you nor any service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access or online service providers or by an agent or subcontractor of any of these. NEITHER YOU NOR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, "PERSONAL COMPUTER ELECTRONIC BANKING" SERVICES, INTERNET BROWSER, OR ACCESS SOFTWARE. Although you have taken measures to provide security for communications from you to me via "Personal Computer Electronic Banking," you cannot and do not provide any warranty or guarantee of such security.
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