Membership Account Agreement 2025

effective July 1, 2025

MEMBERSHIP ACCOUNT AGREEMENT

This Agreement is subject to Arbitration under the state laws as stated in the section, herein, titled “Dispute Resolution” and The Federal Arbitration Act §9 USC 1 ET SEQ. This Section explains any opt-out rights you may have and steps to exercise such rights.

 

INTRODUCTION

 

Your relationship with the Credit Union is also governed by state and federal laws, which may change from time to time. The body of law is too large and complex to be reproduced here. The purpose of this Agreement is to: (1) summarize the rules applicable to common transactions; (2) establish rules to govern transactions not regulated by state or federal law; (3) establish variations that will apply to certain rules, events or transactions as permitted by applicable law; and (4) provide you with certain disclosures and information regarding our policies as required by law. By signing a Membership Application or your use or continued use of any account or account services after receiving this Agreement, notice of its availability or notification of any change in terms, you, jointly and severally, agree that you understand and agree to the terms and conditions stated in this Agreement, and the Schedules, as amended from time to time. This Agreement governs all services whether opened now or in the future and we may modify, change, add provisions or terms we deem necessary or in the best interests of the Credit Union, or amend the terms of this Agreement, the Rate Addendum, Personal or Business Account Fee Schedules and Privacy Policy at any time, and any change shall be immediately effective unless otherwise specifically required by applicable law. For active military members and dependents, any terms or conditions herein contrary to the Military Lending Act (“MLA”) are void for the period(s) during which you are entitled to the protections of the MLA.

 

This Agreement applies to new and existing consumer and business accounts and, together with the following documents, is your contract with LGE Community Credit Union (herein “Credit Union”) and constitutes the “Agreement” that governs your account with Credit Union: 1) The Consumer Account Fee Schedule (“Consumer Fee Schedule”) or the Business Account Fee Schedule (“Business Fee Schedule”), 2) Our dividend rate addendum for interest-bearing accounts, 3) Our privacy notice, and 4) Any additional disclosures, amendments, or addenda we provide to you.

 

In this Agreement, when we say “Credit Union,” “we,” “us,” and “our,” we are talking about the Credit Union. “You” and “your” means each account owner, authorized signer, and any other person authorized to operate your account. When we say “We may” or “Credit Union may” do something, that means you authorize us and agree to such action.

 

This Agreement replaces all prior agreements regarding your account, including any verbal or written statements or representations. When you sign a membership application or use your account, including any account service, you and anyone else identified as an owner or authorized signer on your account consent to the terms of this Agreement. We regularly update this Agreement. You are responsible for ensuring that you and any authorized signer are familiar with this Agreement. If you keep your account open after we change this Agreement or end a fee waiver, you agree to the changes. We recommend you keep a copy of this Agreement, including any changes, for as long as your Credit Union accounts are open. You can get a copy of the current Agreement at a local branch, by visiting www.lgeccu.org, or by calling us at the phone number provided herein.

 

This document contains various defined terms with specific meanings. Some defined terms are defined within the section in which they are used.

Questions? We’re here for you,

 

ONLINE:
Visit LGEccu.org

PHONE: 

CONSUMER BANKING: 770-424-0060

BUSINESS BANKING: 770-424-0060

DEAF OR HARD-OFHEARING MEMBERS:
We accept all relay calls, including 711

MAIL:
LGE Community Credit Union
Member Communications
P. O. Box 1188
Marietta, Georgia 30061

 

MEMBERSHIP ACCOUNT AGREEMENT – GENERAL TERMS AND CONDITIONS

 

This Agreement and the applicable Rate Addendum and Fee Schedule consumer or business, as applicable (“Fee Schedule”) explain the rules which govern your account(s) and account services with us. Please read this Agreement and the Schedule carefully.

 

 

Terms, Conditions and Limitations of Your Relationship with the Credit Union The following terms govern our relationship with you. All Credit Union services are further governed by the terms and conditions set forth in any future agreements and/or disclosures together with the Credit Union’s Bylaws, Policies and Procedures, which are herein collectively referred to as “Agreement”. Summaries of the Credit Union’s Member Conduct, Behavior and Loss Policies are provided herein; and you agree to abide by these terms at all times. To the extent there is any conflict between the terms of this Agreement and any of these items or any other documents, the terms of this Agreement shall govern unless the other documents expressly provide otherwise. This Agreement governs all services whether previously opened now or being opened in the future. This Agreement is binding upon the account owner and all parties hereto together with their heirs, successors, assigns and any other person claiming any right or interest under or through said parties. You agree at all times that you will comply with all Applicable Laws. “Applicable Laws” shall include: “(i) Visa® U.S.A. Inc. Bylaws, Visa U.S.A. Inc. Operating Regulations, Visa U.S.A. Inc. Certificate of Incorporation, Visa International Bylaws, and Visa International Operating Regulations; (ii) NACHA’s (The National Automated Clearing House Association) Operating Rules May change to local ACH; (iii) the Operating Regulations of any network through whom you initiate or process any transaction(s); and (iv) any and all laws, treaties, rules, regulations, or regulatory guidance of the government of the United States, as the same may be amended and in effect from time to time; and you agree that such Applicable Law shall govern despite any other general or specific terms or conditions set forth in the entirety of this Agreement. The Credit Union is not in any way limited in the use of the name of any person or entity that claims trademark, copyright or other such status regarding a name in the ordinary course of Credit Union business, in providing any services we may offer; or in using such name in any other manner authorized by our agreements or applicable laws. Personal/Business: Unless an account is expressly opened for business, you agree that all accounts and services will be for personal, family and household purposes. If we in our discretion ascertain that you are not complying with this obligation, we may require the account(s)/services(s) be closed or converted to an appropriate account. Disabilities: We will accommodate reasonable requests to assist members with disabilities. Please notify us of any disability and/or accommodation requests.

Rate Addendum and Personal/Business Account Fee Schedule(s)

All Account rates, fees we may charge, limitations, and other important features of your accounts and services with us are addressed in the accompanying Rate Addendum and Fee Schedule(s), which are incorporated herein by reference as an important part of this Agreement.

 

Compliance with Laws and Inappropriate Transactions or Account Relationship You agree to comply with all laws, rules and regulations. You also warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited to loans, to make or facilitate any illegal or inappropriate transaction(s) as determined by applicable law as we in our discretion may deem inappropriate; and that any such use, including any such authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Third-Party Service Providers’ Rules may limit or prohibit certain transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal, improper or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. You understand and agree such limitations/prohibitions are not within the Credit Union’s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction.

 

Restrictions on Accounts

The Credit Union may limit, deny, close, or terminate any account or service that we deem to constitute a breach of this Agreement. Unless an express exception is made by the Credit Union in its sole discretion, we do not offer services to “Money Service Businesses”, “Internet Gambling Businesses” and “Cannabis Businesses”, or other businesses that we determine violate the limitations in this Section. By way of illustration: “Cannabis Businesses” are defined by the Credit Union to be any person or business that (i) engages in the sale, production or storage of any form of cannabis, marijuana or hemp, and/or (ii) is required to be licensed and/or registered with a government entity due to the business engaging in an activity related to any cannabis related industry. The Credit Union may, at its sole discretion, also apply these restrictions on other businesses or individuals directly or indirectly related to a cannabis business.

 

Credit Union’s Right to Investigate

It is agreed that it is critical to the Credit Union and its members that the Credit Union have full rights to investigate all transactions, methods and means of making transactions to protect its members and the Credit Union. Therefore, it is agreed that upon notification of any claim of error, unauthorized transaction(s) or other notification related to or arising from any transaction(s), methods or means of making transactions the Credit Union shall have full rights of investigation to extend to all persons, means and methods of making transactions. It is expressly agreed that this shall specifically include the right to inspect and scan a member’s or users access device(s) including but not limited to computers, tablets and smartphones; and to report the Credit Union’s findings of such investigation to all owners and/or users.

 

Credit Reports, Membership-Account Eligibility, Other Credit Union Services and Social Media

To verify your eligibility or continued eligibility for membership, any account(s), service(s), or loan products; increases or decreases in services and/or credit limits, now and in the future; or as needed to comply with any applicable law, regulation or governmental agency requirements including but not limited to escheatment/abandoned property, privacy, or other issues that may affect your rights, or pursuant to any reasonable actions we take to ensure our compliance with such laws, regulations or governmental agency requirements (all of which are deemed permissible purposes by you and us) you authorize us to make inquiry to verify your information; to determine your employment history; and to obtain information concerning any accounts with other institutions and your credit history from time to time, including consumer credit reports. You agree that this authority applies to any account, account-related service, loans or other financial products you request or which we may offer or make available to you. We may also report information concerning your account(s) and credit to others. You also understand that you may elect from time to time to use Credit Union or other parties’ social media tools and sources; that there is no claim of privacy or privilege regarding information shared or discernible from such use or sharing; and the use of such information by us does not violate your privacy or other rights. If you have consented to communicating with us via social media, we may use any social media addresses you may establish from time to time.

 

Privacy in Addition to the Credit Union’s General Privacy Policy

Privacy and Confidentiality. Every person on the Credit Union’s premises has the expectation and right that their private and confidential information will be protected and remain private and confidential. Thus, the Credit Union prohibits any third party photography, filming or recording of any type using any device that has or may have the potential to record by any means on any Credit Union premises, including at or near any ATM or other device which may display or allow determination of confidential information without the Credit Union’s prior express permission. The Credit Union’s general privacy policy is provided later in this Agreement or via a separate disclosure provided at account opening.

Agreed Exception to Privacy Restrictions: Fraud or Financial Exploitation: It is agreed that fraud and financial exploitation are serious matters that can expose both members and the Credit Union to risks and losses. This particularly affects the elderly but can harm anyone. To help combat suspected fraud and financial exploitation it is agreed that the Credit Union may report such suspicions to persons (including but not limited to family members) who we in good faith believe may be able to provide assistance and/or protections. The option to report is completely voluntary and imposes no obligations on the Credit Union.

 

Reassignment of Account Numbers, Access Devices and Related Matters

If we suspect fraud, illegal or improper activity, or if we have any legitimate need to make changes pursuant to Credit Union policies or operational requirements; we may, at our discretion, transfer your existing account(s) to replacement account(s) with a new account number(s). We may also make this reassignment when your account is reported compromised by you. If we issue you a replacement account number, all terms of this agreement will continue to apply, without interruption, as if you retained the discontinued account number. We may also reissue new access devices, and require you change access via usernames, passwords and other actions as deemed necessary to accomplish the purposes for any reassignment hereunder. You agree that this will not create a new member relationship and our existing relationship will continue uninterrupted with this reassignment.

 

LIEN AND COLLATERAL RIGHTS OF THE CREDIT UNION

 

Statutory and Consensual Liens on Shares (Cross-Collateralization)

By signing the Membership Application or other agreement conveying a pledge or security interest in shares, or your use of any accounts or services, you have given the Credit Union a lien on any and all funds (“shares”) in all joint and individual share accounts, together with all dividends, regardless of the source of the shares or any individual owner’s contributions. This lien secures any account owner’s joint and individual obligations to us now or in the future, whether direct, indirect, contingent, or secondary; and has priority over all other claims. You agree that this lien is created and/or impressed, as applicable, as of the first date that any applicable account is opened with us. This lien secures all debts you owe us, including but not limited to those arising pursuant to any loan agreements, or under this Agreement, or arising from any insufficient funds item; or fees; or costs; or expenses; or any combination or all of the above. You authorize us to apply shares to any obligations owed to us if you default or fail to pay or satisfy any obligation to us, without any notice to any account owner or other party. The Credit Union’s rights are immediate and apply to all accounts.

 

Right of Set-Off

You agree that the Credit Union at all times retains the common law equitable right of set-off against shares with regard to any debt or obligation owed to us individually or otherwise, which right may be exercised by us without legal process or notice to any account owner.

Right to Repayment of Indebtedness

You each agree that we may (without prior notice) charge against and deduct from this account any due and payable debt owed to us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. Funds may be applied from any account in which you have a beneficial interest; and may include funds regardless of the source including but not limited to deposits of funds representing the payment of Social Security, Veterans benefits, or any other funds that may be subject to limitations under federal or state laws. Any application of funds hereunder shall be deemed a voluntary transfer that you have authorized. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we charge the account. This includes any balance for the due date which we properly accelerate under the note. Our right to repayment does not apply to this account if: (a) it is an Individual Retirement Account or other tax-deferred retirement account, (b) the debt is secured by a security deed in favor of us, and is secured by your principal residence, or (c) the debtor’s right of withdrawal arises only in a representative capacity. We will not be liable for the dishonor of any check 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.

 

Status Quo – Collateral Preservation

You specifically agree that all shares on deposit constitute collateral for all obligations owed to the Credit Union. You agree that the Credit Union has the right to preserve this collateral, and may use appropriate administrative procedures (including but not limited to placing a temporary hold or “freeze” on such funds) to safeguard such funds if the Credit Union at any time has reason to believe such collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or applicable law, without notice to any owner. In the case of any bankruptcy proceeding, the Credit Union has a right to preserve such collateral as set forth herein as cash collateral; and is not required to surrender or turnover such collateral absent the owner’s filing any appropriate motions and the entry of an order either providing for adequate protection of the Credit Union’s rights in such collateral, or modifying or terminating the automatic stay as to such collateral. You further agree that the Credit Union’s exercise of this right to safeguard or “freeze” funds on deposit shall not constitute a violation of the automatic stay afforded by the Bankruptcy Code.

OPENING ACCOUNTS

This section applies to consumer accounts only unless otherwise specifically noted.

Forms of Account Ownership

You can open an account that you own alone, or with more than one person. If the account is owned by more than one person, it’s considered a joint account.

 

Different Types of Joint Account Ownership

For joint accounts, we treat all owners, who are referred to in this Agreement as “co-owners,” as joint tenants with right of survivorship (described below), unless:

• Applicable state laws expressly require other treatment, or
• We agree in writing that the account may be owned in some other way

 

Regardless of how your account is owned, we don’t keep a separate record of each co-owner’s interest in the account. We act on instructions from any co-owner (or a co-owner’s authorized representative) without obtaining other co-owners’ consent, including withdrawing or transferring funds, making payments, or closing the account. We may accept orders, instructions, and requests for future services from any owner, which shall be binding on all owners. Any account owner may withdraw funds, stop payment of items/ transactions (regardless of who ordered the payment), transfer or pledge to us all or any part of the shares in any account, and block, terminate or discontinue or close any transaction or service without the consent of the other owner(s) regardless of their contributions to the account, and whether any other co- owner is incapacitated or deceased, or whether the account includes a right of survivorship. We have no obligation to notify other owner(s) of any pledge or other actions, orders or instructions by any owner. Each owner is jointly and severally liable for all returned items, overdrafts or any other obligations owed to the Credit Union as a result of any transaction(s) on a joint account, regardless of the drawer, user or authorized user who orders or causes said transaction(s).

 

Joint tenants with right of survivorship: Unless your membership account card specifically indicates otherwise, you agree that it’s your intention to create a joint tenancy with the right of survivorship (a form of ownership) in any multiple party account and if one or more of the multiple party owners dies, his or her interest in the account passes to the remaining owners; unless subject to our right of set-off or a pledge of the funds in the account(s), in which case all sums in the account(s) will belong to us regardless of contributions, up to the amount of the obligation(s) owed. We may not release any funds to a survivor until all required legal documents are delivered to us.

 

Tenants-in-common: When you hold an account as tenants-in-common and one owner dies, the account is payable in whole or in part to any surviving co- owner or the deceased owner’s authorized representative, heirs, or successors. This is subject to our rights under this Agreement including but not limited to our lien on shares, cross-collateralization of specific member pledges of shares.

 

Community property: An account is held as community property under state law when spouses have equal and undivided interests in the account during their lifetimes. When one spouse dies, ownership does not automatically pass to the survivor; rather, the deceased spouse can pass his or her interest through a will. Community property does not exist in every state.

 

Joint Owners and Responsibility for Liabilities on Your Account

Each joint owner is individually and jointly responsible for any overdraft on your account, regardless of who caused or benefited from the overdraft. If there’s a set-off, an enforcement of our lien or security interests in your account, or legal action (such as a third-party garnishment, seizure, forfeiture, or tax levy) affecting any co-owner, we may treat all funds in the account as belonging to the owner against whom the set-off, enforcement of the security interest, or other legal action is directed. If your account is closed for unsatisfactory handling, we may report all joint owners to the consumer reporting agencies.

 

Beneficiary Account

Beneficiary accounts are governed by your agreements with the Credit Union and applicable state law. The account instructs us that the designated account is payable to the owner(s) during their lifetimes, and upon death of the last account owner, is payable to the beneficiary(ies) designated by your Membership Application and pursuant to applicable laws; unless subject to our right of set-off or a pledge of the funds in the account(s), in which case all sums in the account(s) will belong to us up to the amount of the obligation(s) owed. Either owner, during their lifetime, may change any designated beneficiary by written direction to us. If any beneficiary is not of legal age at the time the account(s) are to be paid to beneficiaries hereunder, then we will make a check payable to the named beneficiary and deliver it to the person who presents themselves to be the parent or legal guardian of such beneficiary or as otherwise allowed by applicable law; and upon such payment you agree that we are released from any and all claims and obligations and shall be indemnified per the provisions of this Agreement. Beneficiary accounts are “without rights of survivorship;” meaning that if all named beneficiaries pre- decease the owner(s) the applicable funds shall be paid to the estate of the last surviving owner. It is further agreed that upon the vesting of any interest in any rights of a beneficiary all sums payable shall be subject to any right of set-off between us and the beneficiary.

 

Custodial Account - Uniform Transfers/Gifts to Minors Act Account

All grantors, custodians and beneficiaries agree to the terms of this paragraph. If you have signed an account as custodian for a beneficiary under an applicable UGMA and/or UTMA, your rights and duties are governed by that Act. Since the 50 states provides varying ages for distribution to the beneficiary; and the grantor, the custodian and/or the beneficiary may move; and you wish to direct when distribution may be made, you have instructed and agreed that when the beneficiary reaches the age of majority in the state in which they reside, the funds in any UGMA/UTMA may be paid or withdrawn by the beneficiary without notice or further action by us as this is the intent of the party establishing the account.

 

Minor Account

We may require any account with a minor include a joint owner that is legally able to enter into binding contractual agreements. As a joint owner, we may make payments of funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any right to access the account other than in a custodial capacity. We have no duty to inquire about the use or purpose of any transaction by the minor, parent or guardian or any account owner. All owners agree that we will automatically change the youth savings or young adult savings to an age appropriate savings account. All standard account products and services or the continuation of products and services will be available based on eligibility. If a required joint owner is removed from the account by death or otherwise, we have the right to suspend all account activity until a new joint owner is placed on the account who is a recognized legal guardian; or pursuant to any cognizable court order.

 

Transfer of Account Ownership

If you want to transfer account ownership to another person, we must consent and note it in our records before the transfer is valid and binding on us; however, we’re not responsible for determining whether such transfer is legally valid. Assignment of your account is subject to our lien, pledger and set- off addressed in this Agreement or other agreements with us. This Agreement is binding on your personal representatives, executors, administrators, and successors, as well as our successors and assigns.

 

When an Owner Does Not Sign Account Documentation

Applies to both Consumer and Business Accounts: If a person or entity identified in our records as an owner or a co-owner of an account does not sign any account-related documentation (including the membership application), we still may treat them as an owner or a co-owner of that account, in our sole discretion; and we are not liable to anyone as a result.

Death or Legal Incompetence of an Authorized Signer or Account Owner Please notify us promptly if you learn or suspect an account owner or signer has been declared incompetent by a court or other legal authority, or has died. When we receive proper notice, we may:

• Freeze the account until we receive documents verifying the incapacity or death and instructions regarding the funds remaining in the account,
• Pay (without inquiring) any item authorized by the account owner before being declared legally incompetent or deceased,
• Return or reverse deposits, and
• Apply funds in the account to any debt the account owner owes us before recognizing the rights of a surviving joint owner or other person to any remaining funds

 

If we release funds after the account owner’s death and have to pay tax or reclamation claims to a government agency as a result, the account owner’s estate is responsible for reimbursing us.

Consumers and Sole Proprietors Only: If an account owner dies or is declared legally incompetent, we may comply with court orders and legal documents, and take direction from affiants, court-appointed representatives, guardians, or conservators from your state of residence, even if different than where the account was opened except as otherwise required by applicable law or court order. We may require additional documentation be provided to us before complying with the directives. We may require U.S. court documents for members residing outside of the U.S. at the time of incompetence or death.

For Business Account Owners: Businesses must provide us documentation of any change in ownership or control of a business upon the death or legal incompetence of a business owner. Businesses must also provide us any documentation we require to document a change in authorized users before we are obligated to recognize any such changes.

 

“Authorized User” and “Authorized Use”: means any person who has actual, implied or apparent authority, or to whom any owner has at any time given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. If you have a joint owner on an account that has access to the joint account (online or otherwise) you understand that this owner or authorized user may access all accounts and services associated with the account and all other accounts having the same account prefix (i.e. account number and all suffixes associated with said account number). If you authorize anyone to use your access devices that authority shall continue until you specifically revoke such authority by notifying the Credit Union in writing or as required by applicable laws. If we or any of our agents contact you regarding any transaction(s) and you verify the transaction(s) you agree we may rely on your verification; and that any such transaction(s) shall be deemed authorized by you. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, or otherwise makes a determination that the Credit Union is at risk for potential loss, we may terminate any or all of your account services immediately. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us.

 

DEPOSITING FUNDS

 

There are many ways for you to deposit funds into your account: at branch locations, through Online Banking, ATMs, etc. You should be aware of your responsibilities when you make deposits. We exercise ordinary care when collecting a deposited item but are not responsible for any other financial institution’s treatment or loss of the item. If a deposited item is lost or destroyed during processing or collection, you agree to provide all reasonable assistance to help us reconstruct the item.

Deposit Accuracy

It’s your responsibility, not ours, to confirm the accuracy of the amount you deposit. If we determine a discrepancy exists between the declared and the actual amount, we may debit or credit your account and we may notify you if any adjustments are made. We can also use the declared amount as the correct amount to be deposited and not adjust a discrepancy if it’s less than our standard adjustment amount. We may vary our standard adjustment amount from time to time without notice and use different amounts depending on account type. In handling deposits to your account, we act only as your agent for collection and assume no responsibility beyond the exercise of ordinary care.

 

Analyzed Business Accounts: You may request that the Credit Union adjust deposit discrepancies identified during any verification regardless of the standard adjustment amount.

Notify Us of a Discrepancy: You must notify us within the applicable time frame below or we may consider the deposit correct.

• Consumer Accounts: Please notify us within sixty (60) days after your account statement is available to you
• Business Accounts: Please notify us within thirty (30) days after your account statement is available to you

 

If you fail to notify us in a timely manner and the actual deposit is less than the amount on the statement, the difference is your property; if the actual deposit is more, the difference is the Credit Union’s property.

 

Verifying Transactions

We don’t verify all transactions but have the right to verify any, including those for which we have provided a receipt. We may reverse or adjust, at any time without prior notice to you, any debit or credit we believe we have made to your account by mistake or any other reason including where we believe fraud or any impropriety may be involved in the transaction.

 

Sending an Item for Collection

We may, upon notice to you, send an item for collection instead of treating it as a deposit. This means we send it to the issuer’s financial institution for payment, and your account won’t be credited for the item until we receive payment. Our Availability of Funds Policy does not apply to an item we accept for collection.

 

Our Right to Decline Deposits

We may decline all or part of a deposit, including cash. This could happen if a payee isn’t a co-owner, authorized signer, or authorized representative on your account, we can’t verify an endorsement, the check was issued from a credit account, the check looks suspicious, or it’s a non-U.S. item. If we decline a deposit that you mailed to us, we may return it to you at your cost (including charging you for postage and handling to return foreign currency coin or paper), or retain any invalid checks or other documents included in the deposit without crediting your account, at our discretion.

 

If we cannot verify an endorsement, we can also decline to pay, cash, or send the item for collection. We can require that all endorsers be present and that you deposit the item instead of cashing it.

 

Any person wanting to make a cash deposit must provide an acceptable form of identification before we accept a cash deposit.

 

Requirements for Correct Endorsement

An endorsement is a signature, stamp, or other mark on the back of a check to transfer, restrict payment, or make the signer responsible for the check. If you have not endorsed a check that you deposited to your account, we may endorse it for you. Any endorsement must be in the 1-1/2-inch area that starts on the top of the back of the check. Do not sign or write anywhere else on the back of the check. If an item is submitted via Remote Deposit Capture or Mobile Deposit Capture you agree that you will use the Mobile Deposit service to scan only original checks payable to and properly endorsed by you by signing your name(s) and writing “LGE MOBILE DEPOSIT ONLY”.

 

Multiple Payees: Unless a check, share draft, or other instrument expressly indicates that the item is payable to conjunctive payees (e.g., “A and B”), the instrument shall be deemed payable in the alternative. If there is any ambiguity, the instrument shall be deemed payable in the alternative.

 

We may refuse to cash a check made payable to you or joint owners but may instead require you to deposit the check into your account.

 

Restrictions on Checks are Not Binding

The Credit Union is not obligated to follow restrictions or notations written on a check such as, “void after six months,” or “payment in full.” You are responsible for any resulting loss or expense.

 

Substitute Checks

A substitute check is created from an original check; under federal law, it’s legally equivalent to the original check and can even be used as proof of payment. A substitute check contains an accurate copy of the front and back of the original and bears the legend: “This is a legal copy of your check. You can use it the same way you would use an original check.” Any check may be returned to you in the form of a substitute check. You agree that you won’t transfer a substitute check to us, by deposit or otherwise, if we would be the first financial institution to take the substitute check, unless we have expressly agreed in writing to take it.

 

Non-U.S. Items

A non-U.S. item is an item: (1) Payable in a currency other than U.S. dollars; (2) Drawn on a financial institution that isn’t organized under U.S. law; or (3) That is an incoming funds transfer remitted in a currency other than U.S. dollars.

 

We are not required to accept a non-U.S. item for deposit or collection, but we may accept it on a collection basis without your specific instruction to do so. We can reverse any amount we have credited to your account and send the non-U.S. item on a collection basis even if we have taken physical possession of the item.

 

If we accept a non-U.S. item, the U.S. dollar amount you receive for it will be determined by the applicable exchange rate that is in effect at the time of deposit or our receipt of final payment (less any associated fees) of the non-U.S. item. Our Availability of Funds Policy does not apply to a non-U.S. item.

 

Items Returned Unpaid

If an item you deposited or cashed is returned to us unpaid, we can deduct the amount from any account you have with us. We can do this when we’re notified that the item will be returned and don’t need to receive the actual item. We can do this even if the balance in your account isn’t sufficient to cover the amount we hold or deduct, causing an overdraft. In addition, we’ll charge you all applicable fees and reverse all interest accrued on the item.

 

We may place a hold on or charge your account for a deposit if a claim is made or we otherwise have reason to believe the deposited item was altered, forged, unauthorized, missing a signature or has a forged endorsement, or should not have been paid for any other reason. When the claim is finally resolved, we’ll either release the hold or deduct the amount of the item from your account. We’re not responsible if we take, or fail to take, any action to recover payment of a returned deposited item.

Reversal of an Electronic Payment

If an electronic payment credited to your account, such as a direct deposit, is reversed, we can deduct the amount from any account you have with us, at any time, without notifying you. You agree to promptly repay any resulting overdrafts.

 

Deposit by Mail

You can make deposits to your account(s) by mail, although we cannot accept cash or foreign checks.

 

Direct Deposits

You must notify us at least thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option.

Direct Deposit or Transfer Authorization/Bankruptcy: If you file bankruptcy and fail to cancel any instructions in your direct deposit or transfer authorization, then you hereby instruct your employer and us to continue to make and apply deposits, make loan payments in order to avoid delinquency and other transfers in accordance with your authorization, until written notification is received by us to discontinue any payments or transfers.

 

AVAILABILITY OF FUNDS POLICY

Your Ability to Withdraw Funds

Our general policy is to make funds from your check deposits to your checking or savings account (in this policy, each account) available to you on the first business day after we receive your deposits. Incoming wire transfers, electronic direct deposits, cash deposited at a branch, and the first $275 of a day’s check deposits at a branch, will usually be available on the day we receive the deposits. Once funds become available, you can withdraw the funds in cash and we will use the funds to pay checks and other items presented for payment and applicable fees that you have incurred.

 

Determining the Day Your Deposit is Received by the Credit Union

For determining the day your deposit is received by the Credit Union, every day is a business day, except Saturday, Sunday, and federal holidays. If you make a deposit on a business day that we are open, we will consider that day to be the day your deposit is received by the Credit Union. However, if you make a deposit on a day we are not open, we will consider the day your deposit is received by the Credit Union to be the next business day we are open.

 

ACH Debit Transfers Originated by the Credit Union

If LGE initiates an ACH debit, requested by you, which would be a credit of funds to your LGE account and debit from your account at another financial institution, these funds from the transfers will be posted to your account and made available no later than the close of business on the third (3) business day after the day the transfer was processed, at which time you may withdraw the funds for cash, send a wire transfer, and pay checks you have written.

 

Deposits at ATMs

If you make a deposit at an ATM identified as ours with the Credit Union’s name, the first $275 from the aggregate of all other deposits made on any given day will generally be made available on the following business day. If you make a deposit at an ATM that is not identified as ours with the Credit Union’s name, your deposit will not be available until the fifth business day after the day of the deposit.

 

Deposit By Mail

Deposits you send by mail are considered deposited on the business day it arrives at the branch of deposit.

Longer Delays May Apply

In some cases involving paper checks, we will not make the first $275 of a business day’s check deposits available to you on the day we receive the deposits. Further, in some cases, we will not make all 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 $275 of your deposit, however, may be available on the first business day after the day of your deposit.

Except as otherwise explained in this paragraph, if we are not going to make all funds from your deposit available on the business day of deposit or the first business day after the day of deposit, 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 a Credit Union employee, or if we decide to take this action after you have left the premises, we will mail you the notice by the first business day after we receive your deposit.

 

If you need the funds from a deposit right away, you should ask us when the funds will be available.

 

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 $6,725 on any one day
• You re-deposit 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

 

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. The funds 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 may apply during the first thirty (30) calendar 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 received from incoming wire transfers and cash deposited at a teller window and at a Credit Union ATM will be available on the day we receive the deposit. Funds from your check deposits will be available on the business day after the day we receive the deposits; no funds from a business day’s check deposits are available on the day we receive the deposits. If we delay the availability of your deposit the following special rules may apply:

 

• The first $6,725 of a day’s total deposits of cashier’s, certified, teller’s, travelers, and federal, state, and local government checks, and S. Postal Service money orders made payable to you will be available on the first business day after the day of your deposit
• The excess over $6,725 and funds from all other check deposits will be available no later than the fifth business day after the day of your The first $275 of a day’s total deposit of funds from all other check deposits, however, may be available on the first business day after the day of your deposit

 

We will notify you if we delay your ability to withdraw funds and we will tell you when the funds will be available.

Holds on Other Funds

If we cash a check for you that is drawn on another financial institution, 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 cash would have been available if you had deposited it.

If we accept a check for deposit that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your ability 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 until the time periods that are described in this policy.

Foreign Checks

The Credit Union does not accept or process checks drawn on financial institutions located outside the U.S. (foreign checks). Only checks payable through a U.S. financial institution with routing numbers and payable in U.S. dollars will be subject to the Availability of Funds Policy.

Substitute Checks and Your Rights

What is a Substitute Check? To make check processing faster, federal law permits financial institutions to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

 

Your Rights Regarding Substitute Checks: In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, returned check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) no later than forty-five (45) calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please mail us at:

 

LGE Community Credit Union
Accounting Department
P.O. Box 1188
Marietta, Georgia 30061-1188

or you may call 770-424-0060 Ext 85104, or you may email us at AccountingAssociates@LGEccu.org.

 

You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include: a description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); an estimate of the amount of your loss; an explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and a copy of the substitute check and/or the following information to help us identify the substitute check: (identifying information for example the check number, the name of the person to whom you wrote the check, the amount of the check).

 

Shared Branching Services

With respect to items deposited at shared branch locations (meaning branches of credit unions other than this Credit Union that accept deposits for our members through participation in a shared branch network), funds will be available as stated above with the addition of the following exceptions:

 

• Your Ability to Withdraw Funds: Our policy is to delay the availability of funds from non-cash deposits that are accepted at a shared branch location. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written or other withdrawals you have authorized
• Third party checks will not be accepted at a shared branch Foreign checks will not be accepted at a shared branch location.
• Shared Branch Transaction Limits: Aggregate daily withdrawals from all sub accounts are limited to the following amount: Cash limit is $1,000.00. The shared branch that you are visiting may impose lower withdrawal limits
• All transactions with the Credit Union are subject to our policies and procedures – including security, identification, Bank Secrecy Act, and all other applicable laws, rules and regulations
• Share Insurance: Although deposits with this Credit Union are federally-insured, not all credit unions served by the teller may be federally insured. You should contact your credit union to determine if your deposits are insured

 

AVAILABLE BALANCE, POSTING TRANSACTIONS, AND OVERDRAFT

 

Available Balance

Your account’s available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to authorize your transactions during the day (for example, debit card purchases and ATM withdrawals). We also use the available balance to pay your transactions during our nightly processing. Your available balance is calculated as follows:

 

Ending Daily Balance

Ending daily balance from prior business day’s nightly processing

– Holds

Subtract funds that have been placed on hold

+ Deposits

Add deposits that are immediately available (see “Availability of Funds Policy”)

– Withdrawals

Subtract authorized pending withdrawals or we those know about but have not yet processed

The available balance may not include every transaction you have initiated or that we previously authorized. For example, your available balance may not include the following:

• Outstanding checks and authorized withdrawals we have not received for payment (such as recurring debit card transactions and ACH transactions);
• The final amount of a debit card For example, we may authorize a purchase amount prior to a tip that you add;
• Debit card transactions that have been previously authorized but not sent to us for In most cases, a transaction authorization hold must be released after three business days even though the transaction may be sent to us for payment from your account at a later date, which we must honor. The authorization hold may be up to thirty (30) business days for certain transactions, including car rental, cash, and international transactions

How We Process and Post Transactions to Your Account

We process transactions each business day (not Saturdays, Sundays, or federal holidays) during a late-night process that includes three steps. We call this nightly processing. Once the transactions are processed, the results are posted to your account.

Step 1: We calculate the available balance in your account.

Certain pending transactions can impact your available balance for purposes of determining whether we will pay other transactions during our nightly processing, including cash deposits or transfers from another Credit Union account made AFTER the applicable business day end; and pending withdrawals that reduce your available balance, such as authorized debit card transactions.

Step 2: We sort your transactions into categories.

Credits: Deposits are generally added to your account when we receive them. Note that funds availability rules apply and funds deposited on a real time basis may not be made available immediately. For example, checks you deposit may be subject to uncollected funds holds. Please refer to our Availability of Funds Policy for details regarding the timing and availability of funds from your account.

Payment: The payment order in which items are presented may affect the fees assessed to your account. Most transactions are posted when you conduct them. The following transactions are generally posted real time or very near real time:

• Transactions you conduct at our Remote Tellers and/or at our Personal Teller Machines
• Your ATM withdrawals
• Your debit card purchases conducted with a PIN
• Authorizations (holds) for your debit card purchases conducted using the Visa® network. The corresponding settlements may lag hours or days based on when the merchants submit them. We post settlement transactions at the time we receive them
• Transfers you conduct using our automated phone system (“Memberline”)
• Transfers you conduct using our Online Banking platforms

 

For ACH entries and checks, which are received in batch files, the Credit Union posts in the following manner (transactions which are posted in batch items):

• Posting of that day’s deposits is followed by checks, followed by ACH debits
• ACH debits are posted by amount from small to large
• Checks are posted by check number from small to large

Step 3: If the available balance is not enough to pay all of your transactions, we use Overdraft Protection (if you have it) by transferring and/or advancing available funds from a linked savings and/or credit account. An overdraft protection transfer/advance fee will be charged as applicable.

 

At our discretion, we may pay a check or automatic bill payment into overdraft, rather than return it unpaid. This is our standard overdraft coverage, also called Courtesy Pay (see more information below). Debit card transactions presented to us for payment (whether previously authorized by us or not) will be paid into overdraft and won’t be returned unpaid, even if you don’t have sufficient funds in your account. Any applicable overdraft or returned item fees are deducted from your account the next business day.

 

Pending transactions can result in overdrafts: If your available balance is insufficient, the Credit Union may assess overdraft and/or non-sufficient funds (NSF) fees on transaction(s) we pay or return. Even if a pending transaction has been dropped from your account, we must pay it when we receive it for payment. Sometimes, previously authorized transactions are sent to us for payment. In those cases, you may be charged an overdraft fee if the transaction is paid into overdraft.

 

To minimize the number of overdraft fees you may be assessed, we track transactions that reduced your available balance while pending and caused overdraft fees on other transactions.

 

Merchant Authorization Holds may affect your Available Balance. See “Authorization Holds for Card Transactions” below in the Debit Cards and ATM Cards Section.

 

Overdrafts and Non-Sufficient Funds (NSF) Fees

You agree that we may charge an NSF fee for returning or rejecting any check, draft, item, or transaction presented for payment against your account that would exceed the Available Balance in your account. You further agree that we may charge an NSF fee each time any check, draft, item, or transaction is presented or submitted for payment even if the same check, draft, item, or transaction is presented for payment multiple times. For example, if you wrote a check to a merchant (or other individual or entity) who submitted the check to us for payment and we returned the check (resulting in an NSF fee), the merchant may re-present the check for payment again (or may convert the check into an ACH debit and submit the transaction for payment). If the second and any subsequent presentments or submissions are returned unpaid, we may charge a fee for each time we return the transaction. You understand this means you could be charged multiple fees for one check that you wrote as that check could be presented (including as an ACH debit) and returned to us for payment more than once. Similarly, if you authorize a merchant (or other individual or entity) to electronically debit your account, such as an ACH debit, you understand there could be multiple submissions of the electronic request which could result in multiple fees. You agree that we do not determine whether and when a check, draft, item, or transaction will be presented for payment. Rather, we determine whether or not the Available Balance is sufficient to pay a presented or submitted check, draft, item, or transaction. See the Fee Schedule for specific fee information.

 

Standard Overdraft Coverage, also called Courtesy Pay

The Credit Union will not typically pay overdrafts if your account is overdrawn or you have had excessive overdrafts. The Credit Union may pay transactions into overdraft at its discretion and reserves the right not to pay into overdraft. All checking accounts come with standard overdraft coverage. Under the Credit Union’s standard overdraft coverage, also known as Courtesy Pay we may authorize checks, other transactions using your checking account number, and automatic bill payments (such as recurring debit card and ACH transactions) into overdraft and charge a fee. We will not authorize ATM and everyday (one-time) debit card transactions into overdraft, unless your account is enrolled in this service as described below.

You can remove standard overdraft coverage from your account at any time. If you remove it, the following will happen: if you don’t have enough money in your checking account or in accounts linked for Overdraft Protection to cover a transaction when it is presented to us for payment or authorization:

 

• We will return your checks and other returnable items, such as ACH payments, as unpaid and charge a returned item fee (non-sufficient funds/NSF)
• We will not authorize certain transactions such as cashed checks, recurring debit card transactions, or Bill Pay transactions into overdraft. Important: If these transactions are authorized when your account has enough money but are later presented for payment when your account does not have enough money, we’ll pay the transaction into overdraft and charge an overdraft fee

• We will not authorize ATM and everyday (one-time) debit card transactions (such as one-time debit card and ATM card purchases) into If your account is enrolled in Debit Card Overdraft Service, the service will also be removed

You understand that the classification of a debit card transaction (except ATM transactions) as recurring or non-recurring (i.e., one-time) is determined by merchants, other institutions, or other third parties before the transaction is presented to us for authorization or payment. We will treat and process such debit card transactions in the manner they are presented to us, which may result in a one-time debit card transaction presented as recurring preauthorized transactions and vice versa.

Debit Card Overdraft Service

Consumer account members may choose to enroll in this service; business accounts are automatically enrolled at account opening.

Your enrollment preference for Debit Card Overdraft Service determines how the Credit Union handles your ATM and everyday (one-time) debit card transactions on eligible accounts. You can add or remove the service on eligible accounts at any time. It’s important to understand that this service is unique from other optional services that may be less costly for you, such as our optional Overdraft Protection plan described in the next section.

When you don’t have enough money in your checking account or accounts you have linked for Overdraft Protection at the time of an ATM or everyday (one- time) debit card transaction:

 

• If you’re enrolled in Debit Card Overdraft Service, the transaction may be authorized into overdraft at the Credit Union’s discretion but an overdraft fee applies. If you cover the shortage before the transaction has posted, no overdraft fee is assessed
• If you aren’t enrolled in Debit Card Overdraft Service, the transaction will be declined and no fees apply. If a previously authorized transaction creates a negative balance when it posts, you won’t be assessed an overdraft fee
• If you would like your enrolled accounts to remain in good standing, you must bring the account to a positive balance at least once every thirty (30) days. This overdraft limit is assessed daily and can After this limit is reached any further transactions will be declined

Debit Card Overdraft Service does not apply to checks and other recurring transactions (such as Bill Pay or ACH transfers, or recurring debit card transactions such as utilities or health club memberships).

 

With or without Debit Card Overdraft Service, the Credit Union may continue to pay these other transaction types into overdraft, at our discretion, and our standard overdraft fees and policies will apply.

Debit Card Overdraft Service isn’t available for all account types. Debit Card Overdraft Service is a discretionary service that may be removed by the Credit Union for a variety of reasons including excessive overdrafts or returned items.

 

Overdraft Protection

This is an optional service you can add to your checking account by linking either a Credit Union savings account or approved loan account to authorize or pay your transactions if you don’t have enough money in your checking account. Overdraft Protection transfers/advances may occur to cover pending transactions, even if these transactions are not subsequently presented for payment. When an Overdraft Protection transfer occurs from a linked account to cover a transaction, the available balance in that account will be reduced by the amount of money to be transferred. That amount of money will be unavailable for other use, and it will be applied to the checking account. An Overdraft Protection transfer or advance fee will be charged any day a transfer/advance is made regardless of the number of transactions covered or whether funds are transferred/advanced from multiple accounts. Refer to the Consumer Account Fee Schedule or the Business Account Fee Schedule to determine account eligibility.

 

Multiple Fees Per Item are Possible

The first time we return a debit for insufficient funds, we will assess an NSF fee in the amount shown on our current Rate Addendum and Fee Schedule for each returned debit item. The entity that submitted the debit may submit another debit to the Credit Union even if we have already returned the prior debit for insufficient funds in the checking account. If the resubmitted debit again exceeds the funds available in the checking account, the Credit Union again will return the debit and another fee will be assessed to your account. Please be aware that not all vendors play well with others. Thus, it is possible that a vendor may seek to change some aspect of the debit in order to make it appear as a new or different transaction. Unfortunately, we have no way to identify such activity. Thus, it is possible we may unwittingly charge an NSF fee in such a case.

 

Returning Your Account to a Positive Balance

If your account has an overdraft, you must promptly add money to return your account to a positive balance. If you don’t return your account to a positive balance or you have too many overdrafts, we may close your account. Also, we may report you to consumer reporting agencies and initiate collection efforts. You agree to reimburse us for the costs and expenses (including attorney’s fees and expenses as provided herein) we incur to do so.

 

DEBIT CARDS AND ATM CARDS

We offer a number of account services at a variety of locations that involve using a card. Some services may not be available at all locations. When you get a debit or ATM card from us, you may receive, and be required to agree to, additional terms and conditions applicable to the card. In the event of a conflict between the terms and conditions and this Agreement, the terms and conditions

will control. Additional disclosures applicable to these services are provided in the Consumer Account Fee Schedule or Business Account Fee Schedule, as applicable.

 

Issuance of a Card and Personal Identification Number (PIN)

You should securely protect your card and PIN from loss or theft. Each cardholder must have his or her own unique PIN and is responsible for keeping the PIN confidential. If the card or PIN is given to another person, the account owner will, to the extent allowed by applicable law, be responsible for all transactions made by that person or anyone else to whom that person gives the card or PIN.

 

ATM and Merchant Terminal Malfunctions

Generally, we are not responsible for damages resulting from an ATM or merchant terminal malfunction. However, for applicable accounts, see “In case of errors or questions about transactions” in the “Electronic Fund Transfer Disclosures” section of this Agreement.

Fees for Use of Card

Other applicable fees for use of your card are described in the Consumer Account Fee Schedule and Business Account Fee Schedule. Note, we charge a fee for each non-Credit Union ATM transaction. In addition, the non-Credit Union ATM owner/operator may charge a fee and set their own withdrawal limits. We may waive our fee and/ or reimburse the non-Credit Union ATM owner/operator fee, in whole or in part, if allowed by the terms of your account. Even if reimbursed, the non-Credit Union ATM owner/operator fee is included in the total transaction amount that is withdrawn from your account and will apply to your card’s daily ATM withdrawal limit. Transactions will also be limited to any withdrawal limits set by the non-Credit Union ATM. We’ll charge a fee if you make a teller-assisted cash disbursement at a non-Credit Union bank that accepts Visa-branded cards. Some merchants may assess a fee when you use your card for a purchase or for cash back. The merchant fee will be included in the total purchase amount. Please refer to your fee schedule for all fees.

 

Daily Limits

Unless otherwise specified, a “day” is defined as the 24-hour period from midnight to midnight, Pacific Time. Transactions made in other time zones will be based on when received in Pacific Time. You may use your card subject to your daily purchase limit, daily ATM withdrawal limit, and the available balance in your account. The following rules apply:

 

Limits on dollar amounts: Your card’s daily purchase limit is the maximum U.S. dollar amount of purchases (including cash back, if any) that can be authorized each day from your primary linked account, less merchant fees, if any. Note: If you use your card or card number to fund a digital wallet, brokerage, or other type of account, these Account Funding Transactions (AFTs) will count against your card’s daily purchase limit. AFTs may also be limited by the applicable card network. If your daily purchase limit is more than $99,999, you may ask that the merchant process multiple transactions to complete a purchase above this amount. Your card’s daily ATM withdrawal limit is the maximum amount of cash you can withdraw each day from any combination of accessible accounts using your card, less any non-Credit Union ATM owner/operator fees, if applicable.

 

Limited Authorizations; Card Limits

We may limit the number of authorizations we allow during a period of time (for example, if we notice out- of-pattern use of your card, or suspected fraudulent or unlawful activity). For security reasons, we cannot explain the details of the authorization system. If we don’t authorize the payment, we may notify the person who attempted the payment that it has been refused. We won’t be responsible for failing to give an authorization. In our discretion, we may allow or deny transactions or authorizations from merchants who are apparently engaged in or who are identified as engaged in the internet gambling business. We may, without telling you, increase your daily purchase or ATM withdrawal limit based on account history, activity, and other factors. If we decrease the limits of your card, we’ll notify you in accordance with applicable law.

 

Using Your Card Through a Mobile Device

Some merchants may allow you to use your card through your mobile device. You understand that by doing so, third parties, such as merchants, card association networks, mobile carriers, digital wallet operators, mobile device manufacturers, and software application providers may 1) use and receive your digital card number, and 2) receive information about your mobile device. If you have enrolled in Overdraft Protection and/or Debit Card Overdraft Service, those terms will apply to debit card transactions made through a mobile device. We may, at any time, partially or fully restrict your ability to make debit card transactions through a mobile device. If you want to remove your digital card number from your mobile device, contact us at 770-424-0060.

Authorization Holds for Card Transactions

For all card purchase transactions, we may place a temporary hold on some or all of the funds in the account linked to your card when we obtain an authorization request. We refer to this temporary hold as an authorization hold. The funds subject to the hold will be subtracted from your available balance. We generally release the hold within three (3) business days, but it can be up to thirty (30) business days for certain types of debit card transactions, such as international car rental and hotel, from the time of authorization or until the transaction is paid from your account.

If the merchant does not submit the transaction for payment within the time allowed, we’ll release the authorization hold. This means your available balance will increase until the transaction is submitted for payment by the merchant and posted to your account. If this happens, we must honor the prior authorization and will pay the transaction from your account. In some situations, the amount of the hold may differ from the actual transaction amount since the merchant may not know the total amount you’ll spend. For example: A restaurant submits the authorization request for your meal before you add a tip.

You might end up overdrawing your account even though the available balance appears to show there are sufficient funds to cover your transaction. For example: A merchant does not submit a one-time debit card transaction for payment within three business days of authorization (or up to thirty (30) business days); we must release the authorization hold even though we’ll have to honor the transaction. When we receive it for payment, it’s paid from the funds in the account and at that time it causes an overdraft.

You should record and track all of your transactions closely to confirm your available balance accurately reflects how you spend funds from the account linked to your card.

Foreign Transactions

If a card is used to make an ATM withdrawal or a purchase outside the United States, the network handling the transaction will convert the local currency amount of the transaction to U.S. dollars (or, in the case of a purchase only, the merchant handling the transaction may convert the currency). If the network converts the currency, it will use either a rate selected by the network from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the network itself receives, or the government-mandated rate in effect for the applicable central processing date. If the merchant handling the purchase converts the currency, the merchant will determine the currency conversion rate. For each purchase transaction completed (either by you or the merchant) outside the United States, we may also charge an international purchase transaction fee, which we base on the amount provided to us by the network (for example, Visa, MasterCard®) in U.S. dollars.

Ending Your Card Use

We may cancel your card or card banking access at any time without notice to you. You may cancel your card or card banking access at any time by writing to us at the address provided in your account statement, calling the number on the back of your card, or visiting your nearest branch. If the account is closed or the card is canceled, you will immediately destroy the card(s) and, upon request, tell us in writing that the card(s) has been destroyed. If requested, you must immediately return the card(s) to us. If your card or card banking access is canceled, you must pay for any card transactions made before the card is canceled.

 

Zero Liability Protection

With Zero Liability protection, you’ll have no liability for any card transactions that you did not make or authorize, so long as those transactions occurred before the end of the 60-day period described below. If your account statement shows card transactions that you did not make or authorize, tell us at once. If you don’t notify us within sixty (60) days after the statement was mailed or was otherwise made available to you, you’ll be liable for any additional unauthorized card transactions that occurred after the 60-day period and before you provided notice to us (if we could have stopped those card transactions had you promptly notified us). This will apply even to unauthorized card transactions that occur shortly before you notify us. If a good reason (such as a long trip or hospital stay) kept you from telling us, we’ll extend the time period.

For card transactions from consumer accounts: Your card comes with Credit Union’s Zero Liability protection, which provides you with more coverage than what Regulation E requires for cards accessing consumer accounts (see “Liability for unauthorized transactions according to Regulation E” in the “Electronic Funds Transfer Disclosures” section of this Agreement).

 

For card transactions from business accounts: Your card comes with Credit Union’s Zero Liability protection but has no protections under Regulation E or the Electronic Funds Transfer Act as discussed in this Agreement.

 

FUNDS TRANSFER SERVICES

The following provisions are in addition to, and not in place of, any other agreements you have with us regarding funds transfers to and from your account. The terms “funds transfer,” “funds transfer system,” “payment order,” and “beneficiary” are used here as defined in Article 4A of the Uniform Commercial Code - Funds Transfers, as adopted by the state whose laws govern your account. As used in these provisions, a funds transfer does not include a transaction made using a Credit Union issued card. Examples of funds transfers covered by these provisions are a preauthorized automatic transaction via ACH (such as your car or mortgage payment), remittance transfers, and wire transfers (whether outgoing or incoming, foreign or domestic).

Any funds transfer (including a wire transfer) that is a remittance transfer as defined in Regulation E, Subpart B, will be governed by the laws of the United States and, to the extent applicable, the applicable provisions of Article 4A of the Uniform Commercial Code, without regard to its conflict of laws principles.

 

Rules of Funds Transfer Systems

Funds transfers to or from your account will be governed by the rules of the funds transfer system(s) through which the transfers are made (“system rules”), including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (each an ACH), the Clearing House Interbank Payments System (CHIPS), the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) and the RTP system (“RTP System”). We’re under no obligation to honor, in whole or in part, any payment order or other instruction that could result in our contravention of applicable law, including, without limitation, requirements of the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”).

 

Sending Funds Transfers/ Means of Transmission

When acting upon your transfer instructions, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select.

 

Notice of Funds Transfers

We will notify you of funds electronically debited from or credited to your account through the account statement covering the period in which the transaction occurred. We’re under no obligation to provide you with any additional notice or receipt.

 

Reliance on Identification Numbers

If an instruction or order to transfer funds describes the party to receive payment inconsistently by name and account number, we’ll rely on the beneficiary account number even if the account number identifies a party different from the named recipient. If an instruction or order to transfer funds describes a participating financial institution inconsistently by name and identification number, the identification number may be relied on as the proper identification of the financial institution.

Your Duty to Report Unauthorized or Erroneous Funds Transfers

You will exercise ordinary care to determine whether a funds transfer from your account was either not authorized or inaccurate. You must notify us if a funds transfer from your account was not authorized or is inaccurate. Notify us within fourteen (14) days after we notify you that the instruction or order was accepted or your account was debited or credited for the funds transfer, whichever is earlier, to be entitled to a refund. If you don’t notify us within fourteen (14) days, we’ll be entitled to retain payment for the funds transfer. We are not responsible to refund any funds if you give us an Erroneous Payment Order.

Erroneous Payment Orders

You could lose funds if you provide incomplete or inaccurate information in your payment orders. We have no obligation to detect errors you make in payment orders (for example, paying the wrong person or the wrong amount). Just because we detect an error once, we won’t be obligated to detect future errors. We’ll rely on the beneficiary account number and beneficiary bank identification number (e.g., IBAN, RTN, or SWIFT BIC) you provide with an instruction or order.

ACH Transactions

These additional terms apply to payments to or from your account that you transmit through an ACH:

 

• Your rights as to payments to or from your account will be based on the laws governing your account
• When we credit your account for an ACH payment, the payment is provisional until we receive final settlement through a Federal Reserve Bank or otherwise receive payment
• If we don’t receive final settlement or payment, we’re entitled to a refund from you for the amount credited
• Any Originating Depository Financial Institution (ODFI) may initiate, pursuant to ACH Operating Rules, ACH debit entries to your account for presentment or re-presentment of items you write or authorize

 

Remittance Transfers

Remittance transfers are initiated by consumers primarily for personal, family, or household purposes, and are sent outside the United States and its territories. Each time you initiate a remittance transfer, you’ll receive disclosures outlining additional rights provided by federal law.

 

Incoming International Wire Transfers

Incoming wire transfers received in a foreign currency for payment into your account will be converted into U.S. dollars using the applicable exchange rate without prior notice to you.

 

Reversal or Return of ACH Transactions

• Consumer accounts only: You have the right to reverse any unauthorized ACH payment that was debited from your If you give us written notice that you want to reverse a payment, we’ll credit your account for the amount of the payment. You must notify us no later than fifteen (15) days after we send or otherwise make available to you the account statement that reflects the payment you want to reverse. This right of reversal is in addition to your right to stop payment
• Business accounts only: Under the ACH Rules, the Credit Union can return any non-consumer ACH debit entry as unauthorized until midnight of the business day following the business day the Bank posts the entry to your account. In order for the Credit Union to meet this deadline, you’re required to notify us to return any non-consumer ACH debit entry as unauthorized by the cutoff time we separately disclose. If you don’t notify us in a timely manner of the unauthorized non-consumer ACH debit entry, we won’t be able to return it without the cooperation and agreement of the originating bank and the originator of the debit entry. Any other effort to recover the funds must occur solely between you and the originator of the entry.

 

Additional Information on ACH Debit Entries

If you provide information that is incorrect or subject to change (for example, if the sender changes its company identification number or individual identification number), it may result in payment of the ACH debit entry. You acknowledge this risk and agree that you’re responsible for notifying the sender of the ACH debit entry that your authorization has been revoked. You agree to indemnify and hold us harmless from, and against any loss we incur, as a result of our paying an ACH debit entry, if any of the information relied on in the stop payment order is incorrect or incomplete (or as a result of our not paying an ACH debit entry for which a valid stop payment order is in effect).

 

Liability for Transactions Not Covered by Regulation E

For purchases and other transactions in consumer accounts not governed by Regulation E, you’re liable for all losses relating to unauthorized funds transfers that don’t result solely from our negligence or intentional misconduct, unless the laws governing your account require lesser liability.

 

ELECTRONIC FUNDS TRANSFER DISCLOSURE

 

The following provisions apply to electronic fund transfers to or from your consumer deposit account that are governed by Part A of Regulation E. These provisions DO NOT apply to business accounts. Note: These provisions do not apply to wire transfers. Refer to the “Funds Transfer Services” section of this Agreement.

 

This section applies to payment orders and funds transfers governed by the Electronic Fund Transfer Act. When you enroll in online or mobile banking or other services, we will provide you the applicable agreements that govern the use of those services (“Online Services”). You agree that these terms shall apply to these other services except where those other agreements expressly provide other or contrary terms.

 

Transactions We Facilitate

As a user of Electronic Funds Transfer (EFT) service, you may have access to specifically identified Automated Teller Machines (ATM), Memberline Audio Response “Memberline”, Online Banking, Visa® Debit card, and Automated Clearing House (ACH) services, Mobile Banking and Wire transfer services. The following are types of EFTs we may offer now or in the future, not all of which may apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed: Point-of-sale (POS) transfers, automated teller machines (ATM) transfers, direct deposits, or withdrawals, transfers sent via ACH (Automated Clearing House), transfers initiated by telephone, transfers resulting from debit card transactions (whether or not initiated through an electronic terminal), payments made by a bill payer under a bill payment service (unless made solely by check or similar paper instrument), and online and/or mobile banking.

 

Preauthorized Credits

You may arrange for certain direct deposits to be accepted into your Credit Union Savings, Money Market, and/or Checking account(s).

Preauthorized Payments

You may make recurring payments from your checking account(s).

Electronic Check Conversion (ECK) Transaction

An ECK transaction occurs when a member authorizes a one-time EFT from his or her account using information from a check to initiate the transfer. An electronic check conversion transaction can only be processed when it has been authorized by the member. A member authorizes the transaction when he receives the appropriate notice and then goes forward with the transaction.

ACH and Wire Transfers

You may initiate or receive credits or debits to your account(s) through ACH or wire transfer. You agree that if you receive funds by ACH transfer or wire, we are not required to notify you at the time the funds are received. The transfer will be shown on your periodic statement. We may provisionally credit your account for an ACH transfer before we receive final settlement. We may reverse the provisional credit or you will refund us the amount if we do not receive final settlement. When you initiate a wire transfer, you will identify either the recipient or any financial institution by name and account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number as the proper identification even if it identifies a different party or institution. We may accept on your behalf, payments to your account that have been submitted by Fed Wire and that are not subject to the Electronic Funds Transfer Act (“Regulation E”). Your rights and obligations with respect to such transfers shall be governed and construed in accordance with Regulation J, Funds Transfers through Fed Wire. Whenever an ACH is used as part of a transaction that does not involve Fed Wire, the operating rules of the National Automated Clearing House Association (“NACHA”) will be applicable to ACH transactions involving your account.

Wire Transfer Liability

If an Order describes the person to receive the wire transfer (“Beneficiary”) inconsistently by name and account number, the wire transfer may be made on the basis of the account number even if the account number identifies a person different from the Beneficiary. If a wire transfer request describes a financial institution inconsistently by name and identification number, the identification number may be relied upon as the proper identification of the financial institution. You acknowledge that you are responsible for providing LGEccu with all information required by the Beneficiary’s bank, including the reason for payment, if required. Sending wires without the required information can cause the wire to be delayed, returned, or assessed additional fees. You further acknowledge the Beneficiary account number and Beneficiary’s bank identification number (e.g., IBAN, RTN, IRC, and/or SWIFT BIC) you provide in connection with an Order will be complete and accurate, and you understand you could lose the transfer amount if the information is incorrect.

Memberline and Online Banking

You may access your account through Memberline, our telephone transaction system. You will use your account number and your Memberline authorization code (PIN), and a Touch-tone phone. Rotary phones are not compatible with Memberline. You may access Online Banking from our website: www.LGEccu. org, by completing registration and verifying applicable personal identification. You must then accept any additional agreements and/or disclosures, select a new password, and respond to any challenge questions as required by our system. Monetary transfers from savings and money market accounts via Memberline and Online Banking are included, as part of the five (5) allowed transfers per month.

 

Transactions include:

• View deposit and loan account balances and history
• Transfer funds from savings to any sub account or to another member account
• Advance funds from a line of credit to related savings or checking account
• Make loan payments from related savings or checking accounts (Credit Union loans only)
• Access E-Statements
• Verify Cleared Transaction and/or Checks
• Look up status and/or information on your loan, savings and/ or checking accounts

 

Online Banking Bill Pay Services

Through LGE Bill Pay Services, you may make payments to debtors or individual payees through Online Banking. Payments are eligible from your established checking account(s). Payments will be remitted based on the merchant’s preference.

 

Upon first use of Bill Pay services, you will be prompted to accept terms and conditions of this service.

 

Bill Payment functions include the following:

• Schedule and make payments
• View pending payments and payment history
• Sign up for eligible ebills

 

Timing of Payments

The Credit Union processes payments through a third-party vendor and is not responsible for the timing of payments. Electronic payments are normally received and processed by the merchant within five business days. Mailed payments usually take a longer period of time to be received and processed by the merchant. The merchant determines which type of payment it will receive.

 

Business Day

Means any day on which the offices of the Credit Union are open to the public for carrying on substantially all business functions.

 

Liability

The Credit Union’s liability can be found under section titled, Liability For Failure to Make a Transaction of this Agreement and other applicable disclosures. In no case will Credit Union be liable for consequential, indirect, or punitive costs or damages. Credit Union and the bill payer service provider will carry out your instructions in a reasonable manner. This is in addition to any other provisions in this agreement that address the Credit Union’s liability. The Credit Union has no liability to you whatsoever for any transaction using an access device we: (1) have not issued; or (2) issued by another party with whom we have no written agreement.

 

Online Banking Inactive Account Limitations

Online Banking accounts, which have not been in use for over six months, will be deactivated. Once the account has been deactivated, new registration is required. If you would like your Online Banking account to remain active, you must log into your account at least once every six months.

 

Visa® Debit Card

By signing (or otherwise initiating) an application, by signing the back of the Visa® Debit card, a sales invoice or receipt, or by using or allowing the use of either of the cards and/or its account number and/or your personal identification number (PIN), you acknowledge and confirm that you have requested that the card(s) be activated or that it is a renewal or replacement of an existing card. Each time your Visa® Debit card is properly used at a point of sale terminal, you authorize the Credit Union to debit your account for the total amount indicated on any debit device originated by the use of your card, whether or not you have signed any sales authorization. We will handle such debit transactions the same as authorized checks drawn on your account. The Credit Union will not be responsible for any claim you may have against any business establishment for refusing to honor your Visa Debit card. The Visa Debit card is a product of the VISA® Corporation; therefore, covered by all the security features and safeguards that VISA® provides.

 

ATM and Night Drop Safety Precautions

As with all financial transactions, please exercise discretion when using an ATM or Night Drop. You are responsible for your own safety. The following suggestions may be helpful:

• Minimize your time spent at the ATM or Night Drop. Have your transaction ready and prepared prior to arriving at the ATM or Night Drop
• As soon as your ATM transaction is complete, place your money in your purse or wallet. Count the cash later in the safety of your car or Remember to retrieve your card and receipt immediately after your ATM transaction
• Always save your receipts. Do not leave them at the ATM; they may contain account information
• Protect your Personal Identification Number (PIN). Do not lend your Visa® Debit card to anyone. Do not give anyone your Do not write your PIN where it can be discovered or store it with your card
• Prevent others from seeing you enter your PIN by using your body to shield their view
• When you make a transaction at an ATM or Night Drop, be mindful of your surroundings and remain If you notice anything suspicious, or any other problem arises after you start a transaction, cancel the transaction, take your card or key, and leave
• Do not accept assistance from anyone you do not know
• Avoid ATMs and Night Drops in dark or remote places. Be sure the area is well lit. It may be safer to bring someone with you when you make a transaction
• At a drive-up ATM or Night Drop, keep your doors locked and all passenger windows up
• Look at the ATM or Night Drop before using it. If anything does not look right, don’t use it
• If an ATM has any unusual signage, don’t use it
• We want the ATM and Night Drop to be safe and convenient for Therefore, please tell us if you know of any problem with an ATM or Night Drop site. Report all crimes and any suspicious activity to us and to the police.

 

ATM Transactions

You may access your account(s) by using the Credit Union’s ATM with your Visa® Debit card and personal identification number (PIN) to:

 

• Get balance information on savings and checking accounts and lines of credit
• Make deposits to your Credit Union checking or savings accounts in LGE-owned ATMS or by accessing an ATM owned by another financial institution that participates in the CO- OP, CU Here, or CU 24 Networks
• Make withdrawals from savings and checking (You may withdraw no more than $500 per day per account)
• Make advances on your line of credit

• Transfer money from savings to checking and transfer money from checking to savings
• Make payments to Credit Union loans by check deposit or transfer from savings or checking (exclusion of making mortgage payments)
• At Foreign Non-LGE ATMs* you may obtain balance information and make cash withdrawals from checking or savings, depending upon how your account is set up
• Some of these services may not be available at all The way your card is set up also affects what transactions you can do

 

*Foreign Non-LGE ATMs are machines we do not own that allow access via the networks as set forth in the Consumer Account Fee Schedule or Business Account Fee Schedule, which may change from time to time.

 

Visa® Debit card POS Transactions

After your Visa® Debit card is activated, you, or anyone authorized by you, or any party to an account which may be accessed through use of the card or the account number, may withdraw cash at automated teller machines, access your checking account to purchase goods (in person), pay for services (in person) and obtain cash from a merchant, if the merchant permits, or from a participating financial institution. We may, at our sole discretion, return any check or other item drawn on your account to ensure there are sufficient funds to cover a card transaction. If there are insufficient funds in your account to cover a transaction, the difference may be transferred from another account, or if you have an overdraft line of credit with us, an advance may be made under the terms of that agreement to cover the transaction if a sufficient amount is within your available credit limit. We are not obligated to pay out any funds if the balance in your account is not sufficient and there is no other account with sufficient funds or an overdraft line of credit. If we elect to pay out such funds, you agree to pay the deficiency on demand or immediately following receipt of your monthly statement, whichever comes first, plus any overdraft charges in effect under the terms and conditions of your account. We are not responsible for and do not directly or indirectly give any guarantee or warranty with regard to the quality, suitability, or fitness for a particular purpose, or any other characteristic of any goods or services purchased by use of the card. You agree to settle any dispute about a purchase with the merchant or service provider who honored the card. You may not stop payment with respect to any transaction originated by use of your debit card. You may access your Credit Union savings and checking account at the ATM to get cash and make deposits. You may access your Credit Union checking account to purchase goods (in person), pay for services (in person), get cash from a merchant (if merchant policy permits) or from participating financial institutions, and use it to pay for goods and services by telephone and the Internet.

 

Limitations on Use of Visa® Debit Cards

For your protection, there are limits on the dollar amount of cash withdrawals or transfers you can make per day from your account at an ATM or POS terminal with a Personal Identification Number (PIN): Due to certain technical limitations your withdrawals and purchases may be limited to $500 per 24- hour period.

 

PIN-Less Transactions

Visa® Debit card transactions may be processed through non-Visa® Debit networks that offer the PIN-less service and may not be processed as a Visa® transaction. Therefore, these non-Visa®-PIN-less transactions will not include Visa’s® zero liability or chargeback and dispute resolution and other protections for consumer or business benefits. Additionally, provisions of this agreement relating only to Visa® transactions are not applicable to non-Visa® and Pin-less debit transactions.

Consumer Liability for Visa® and Interlink Transactions

If a transaction is made with your card or card number without your permission and is either a Visa®, Interlink or Plus transaction, your liability will be zero. If we determine you have been grossly negligent or fraudulent in the handling of your account or card, zero liability will not apply and your liability will be determined in accordance with the above paragraphs under titled paragraph “Liability for Unauthorized Transactions” found in this section. Zero liability does not apply to unauthorized use of your Visa® Debit card and PIN at an ATM. We may require a written statement regarding your claim.

 

Ownership of Cards

The Visa® Debit card is at all times Credit Union property. We may revoke and discontinue the use of your card(s) at any time. You understand and agree that we have the right to request the return or proof of destruction of the card(s) at any time and you agree to do so immediately. You agree to follow our instructions with regard to the return or destruction of your Visa® Debit card immediately as well as discontinuing the use. You also understand and agree to: keep your card(s) in a safe place; treat it as you would cash; never give information about your card or account to strangers or inquirers; not write your PIN on your card or store it with the card; not disclose your PIN to anyone; report any unauthorized or erroneous transactions to the Credit Union immediately.

 

Person to Person (P2P) Transactions

If you link any of your accounts or services to a third-party app or payment service (including but not limited to PayPal, Zelle or Venmo) you understand and agree that these are not Credit Union services; and any transactions you make will be subject to your agreements with the app or service or service provider. You understand that these apps and services do not provide the same protections from fraud or other misapplication of funds as traditional direct banking services. If we transfer any funds as directed by you or anyone you authorize to the app or third-party service provider such transfer(s) shall in all respects be an authorized transaction and we will have no further obligation or liability if the app or provider then transfers the funds to a fraudster or the funds are otherwise misapplied. Further, you understand that funds transferred to/via a third-party App may not be federally or otherwise insured; and you assume all risks should your funds become unavailable for any reason.

 

Posting Foreign Transactions on Billing Statements

An International Service Assessment (ISA) fee will be assessed on all transactions where the merchant country differs from the country of the card issuer. An international/foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States. Visa® defines multiple-currency transactions as transactions made in foreign countries involving currency conversion to U.S. dollars. Single-currency transactions are international transactions not involving currency conversion to U.S. dollars. The converted transaction amount will be shown separately from the International Service Assessment fee on your billing statement. This fee will be assessed on all international purchases, credit vouchers, and cash disbursements. Applicable fees are set forth in our Fee Schedule.

 

Currency Conversion Fee

The exchange rate for transactions in a foreign currency will be a rate selected by Visa® from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa® itself receives, or the government mandated rate in effect for the applicable central processing date plus the International Service Assessment fee. An international/ foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States. If you authorize a transaction with your access device in a currency other than U.S. Dollars, VISA® will convert the charge into a U.S. Dollar amount. The VISA® currency conversion procedure includes use of either a government mandatedexchange rate, or a wholesale exchange rate selected by VISA®, as applicable. The exchange rate VISA® uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of the purchase or the date the transaction was posted to your account. Applicable fees are set forth in our Fee Schedule.

Fees and Charges

There are certain charges for the EFT services as set forth on the Fee Schedule. If you request an advance from your line of credit account such transactions may be subject to charges under the terms and conditions of your Lending Disclosure and Agreement.

ATM Operator and/or Network Fees

If you use an ATM that is not operated by LGE, you may be charged a surcharge by the ATM Operator or an ATM Network utilized for such a transaction. The ATM surcharge will be debited from your account if you elect to complete the transaction. You may be charged a surcharge fee by the owner of a non-Credit Union ATM or by the Network used and you may be charged for a balance inquiry even if you do not complete a funds transaction. The Credit Union may charge you a fee for using a non-Credit Union ATM as set forth in the Fee Schedule.

Right to Documentation

• Terminal Transactions: You can get a receipt at the time you make any transfer to or from your account using an automatic teller machine or a point-of-sale terminal
• Direct Deposits: If you have arranged to have direct deposits made to your accounts at least once every sixty (60) days from the same person or company, the person or company making the deposit will tell you every time they send us the You can call us at the telephone number listed in the Fee Schedule to find out whether a deposit has been made. If the only possible transfers to or from your accounts are direct deposits, our normal practice will be to provide to you a statement on a monthly basis. At a minimum, you will receive a statement from us at least quarterly
• Periodic Statements: Transfers and withdrawals transacted through an ATM or POS terminal, Mobile Banking, Online Banking, Memberline, Telephone, or Debit card purchase will be recorded on your periodic statement. You will receive a statement or notice of the availability of your statement At a minimum, you will receive a statement or notice from us at least quarterly

 

Electronic Statement

The Credit Union has the capability of capturing your periodic statement electronically (e-statement) and posting it in a secure manner so that you may retrieve it at your convenience. You have the right to have your statement provided on paper or receive it electronically. If you elect to have your statement presented electronically, we may also send, from time to time, other notices and promotional material. The Credit Union will provide you error- resolution information with each periodic statement.

Equipment Required

You will need a personal computer, tablet, or mobile device capable of accessing our fully featured Online Banking website. The Credit Union supports the current publicly available (and immediately previous) versions of Microsoft Edge, Mozilla Firefox, Google Chrome, and Apple Safari. Online Banking may work with other internet browsers, but we are unable to provide support for them. A currently supported version of Adobe Reader is required to view electronic documents delivered via Online Banking. If you choose to print your statement, you will need access to standard printing capabilities that are compatible with utilized devices:

 

• Authorizing e-statements: You must sign up for e-statements

through Online Banking you can reach via our website LGEccu.org. We will consider your request for e-statements to be your agreement that the Credit Union will post your statement in a secure location and notify you via e-mail when your statement is ready for viewing. Your statement will remain on the site for ninety (90) days from the date we notify you. We will stop sending paper statements on this account unless you notify us that you no longer wish to receive e-statements; however, you can always request a special copy of the statement be created for you

• Canceling e-statement: You may cancel e-statements at any time. To switch back to paper statements, contact us by calling 770-424- 0060 and ask to re-set your account for paper The Credit Union may ask you to put your request in writing and deliver it to us within fourteen (14) business days. Note: To have Online Banking access, each account must be set up for e-statements
• Supplemental paper statement: If you need to get a paper copy of your statement, you may do so by calling 770-424- Applicable fees are set forth in our Fee Schedule

 

Member Responsibilities

It is your responsibility to keep the Credit Union apprised of your current e-mail address. Failure to notify the Credit Union of e-mail address changes may result in a loss of important communications from the Credit Union and possible fees as assessed by the Credit Union. If electronic notifications from the Credit Union are undeliverable, you agree that Online Banking access will be restricted and the delivery method for account statements, disclosures, and notices will be reverted to paper format. To prevent a disruption in services, it is your responsibility to ensure your information with the Credit Union is accurate.

 

Stopping a Preauthorized Payment / Notice of Varying Amounts

If you have told us in advance to make regular payments out of your account(s), you can stop any of these payments by calling 770-424-0060 or writing to us Attn: Account Services, P.O. Box 1188, Marietta, GA 30061-1188. We must receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and get it to us within fourteen (14) days after your call. Refer to our Fee Schedule for stop payment fees and other applicable fees. We are not obligated to honor a stop payment request that does not contain accurate information provided in a timely manner. You understand that it is necessary to provide the correct information related to the transaction, and that failure to do so may result in the payment of the item.

 

Liability for failure to stop payment: If you request the Credit Union to stop one of these preauthorized payments three (3) business days or more before the transfer is scheduled and we do not do so, we may be liable for your losses or damages.

 

Liability for Failure to Make a Transaction

If the Credit Union does not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, the Credit Union may be liable for your losses or damages. However, there are some exceptions to this, which include the following:

 

• You do not have enough money in your account to make the transaction through no fault of ours
• The transaction goes over the credit limit on your overdraft line
• The terminal where you were making the transaction does not have enough cash
• The terminal or other system was not working properly and you knew about the breakdown when you started the transaction
• Circumstances beyond our control (such as fire, food or electrical failure) prevent the transaction, despite reasonable precautions that we have taken
• You have not properly followed instructions for operation of the ATM
• The funds in your account are subject to legal process or other similar encumbrance
• The transaction would exceed one of the established limits contained in this Agreement or by other Credit Union Agreements
• Access to your account has been blocked after you have reported your Access Device lost or stolen or you use a damaged or expired Access Device
• The Credit Union has a reasonable basis to believe an access device has been compromised; or that other actions and/ or circumstances cause us to believe there is a possibility of unauthorized activity or other risk involving an access device we have issued

Information Disclosure

We will disclose information to third parties about your account(s) or the transfers you make:

 

• When it is necessary for completing transfers
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant
• In order to comply with a government agency or court orders
• If you give us written permission

In Case of Errors or Questions About Transactions

In case of errors or questions about your electronic fund transfers: telephone us at 770-424-0060 or 1-800-541-8921, or write to us at LGE Community Credit Union, P.O. Box 1188, Marietta, Georgia 30061-1188 as soon as you can. (For any errors involving a line of credit account, you must review your Loan Disclosure and/or VISA® Credit Card Disclosure and Agreement for a description of your rights.) We must hear from you no later than sixty (60) days after we send you the first statement on which the problem or error appeared. You should provide the following information:

 

• Tell us your name and account number
• Describe the transfer you are unsure about, the type, date, and explain as clearly as you can why you believe there is an error or why you need more information
• Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint(s) or question(s) in writing within ten (10) business days at the address listed in this Agreement and Disclosure

 

We will tell you the results of our investigation within ten (10) business days (five (5) business days if the transfer involved a Visa® Debit card Signature transactions) after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a POS transaction), a new account, or a foreign initiated transfer to investigate your complaint(s) or question(s).

If we decide to do this we will issue you a provisional credit to your account within ten (10) business days (five (5) business days for Visa® Debit card signature transactions) of receiving the error notice, and will inform you, within two (2) business days, after providing the provisional credit, of the amount and date so that you will have the use of the money during the time it takes us to complete our investigation. After completing the investigation, we will correct the error, if any, within one (1) business day after determining that an error occurred. A report of our results will be delivered or mailed to you within three (3) business days after the conclusion of the investigation (including, if applicable, notice that a provisional credit has been made final).

 

If we ask you to put your complaint(s) or question(s) in writing and if we do not receive it within ten (10) business days, we may reverse the provisional credit to your account. Your account is considered a new account for thirty (30) days after the first deposit is made, unless you already have an established account with us before the account is opened. If we decide that there was no error, we will send you a written explanation within three (3) business days after we complete our investigation and reverse the provisional credit(s) from your account. You may ask for copies of the documents that we used in our investigation.

For Transactions initiated outside the United States, or resulting from a Point-of-Sale Debit Card Transaction

We will have ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint(s) or question(s). For transactions on accounts that have been opened less than thirty (30) calendar days, we will have twenty (20) business days instead of ten (10) business days to credit your account, and ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint or question.

Special Rules for Provisional Credit for Visa® Debit card Transactions

If you believe a Visa® Debit card transaction was unauthorized, we will issue credit to your account within five (5) business days for signature transactions and ten (10) business days for POS transactions for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may reverse any credit previously made to your account until we receive it. We may withhold provisional credit, to the extent allowed under applicable law, if the delay is warranted by the circumstances or your account history.

 

Liability for Unauthorized Transactions

Tell us AT ONCE if you believe your card, card number, or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus funds in any line of credit, savings account, or credit card linked to your account or as part of an Overdraft Protection plan).

If you tell us within two business days after you learn of the loss or theft of your card, card number, or PIN, you can lose no more than $50 if someone used your credentials without your permission (however, see “Zero Liability protection” in the “Debit Cards and ATM Cards” section of this Agreement).

If you do NOT tell us within two business days after you learn of the loss or theft of your card, card number, or PIN, and we can prove we could have stopped someone from using your credentials without your permission if you had told us, you could lose up to $500 (however, see “Zero Liability protection” in the “Debit Cards and ATM Cards” section of this Agreement).

Also, if your account statement shows transfers that you did not make or authorize, including those made by your card, PIN, or other means, tell us at once. If you do not notify us within sixty (60) days after the statement was mailed or was otherwise made available to you, you will be liable for any additional unauthorized transactions that occurred after the 60-day period and before you provided notice to us (if we can prove we could have stopped those transactions had you promptly notified us). This will apply even to unauthorized transactions that occur shortly before you notify us. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

 

Special Notice to VISA® Debit Cardholders

If there is an unauthorized use of your VISA Debit card or an Internet transaction, and the transaction takes place on the VISA Network, then your liability will be zero ($0.00). This provision limiting your liability does not apply to either VISA® commercial cards or ATM cash disbursements. Additionally, your liability with respect to unauthorized transactions may be greater than the above zero ($0.00) liability limit, to the extent allowed under applicable law, if the Credit Union reasonably determines and based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or card. In any case, to minimize your potential liability you should notify us of any unauthorized use no later than sixty (60) days after your statement was mailed to you.

 

Note: Visa USA Operating regulations require the Credit Union to notify you of the following: If you participate in STAR Bill Payment or other PIN-less debit transactions using your Credit Union Visa® Debit card, your transaction is considered a “non-Visa®” transaction and may not receive Visa®-associated protections and benefits. You should refer all STAR Bill Payment or other PIN-less debit transaction disputes to your biller rather than Visa®.

 

Reporting A Lost Card, Access Device, PIN, or Memberline PIN

If you believe that any Access Device has been lost or stolen or that someone has withdrawn or may withdraw money from your account without your permission, you agree to immediately notify us. You can call us at 770-424- 0060 or write to us Attn: Support Services, P.O. Box 1188, Marietta, GA 30061- 1188. If you recover your Card and/or Access Device after you have notified us, DO NOT USE IT.

 

VISA® Account Updater (VAU)

VAU is an account updating service in which your Credit Union issued Visa® debit card and/or Visa® credit card is automatically enrolled. When your card(s) expire, are lost or stolen and new cards are issued, the service may update relevant card data (card numbers and expiration dates) to appropriate merchants who participate in an effort to facilitate uninterrupted processing of your recurring charges. This service provides updates to a Visa® database only. The database is accessed by those qualified merchants seeking your account information after you have requested, they process a recurring payment or payments. If at any time you wish to opt-out of the VAU service or if you have any questions, please call 770-424- 0060, the Card Services department or email us at CardServices@LGEccu.org.

 

OTHER ACCOUNT SERVICES AND RESTRICTIONS

 

Memberline Banking Services

You may access your account through Memberline, our telephone transaction system. You will use your account number and your Memberline authorization code (PIN), and a Touch-tone phone. Rotary phones are not compatible with Memberline. You may access Online Banking from our website: www.LGEccu. org, by completing registration and verifying applicable personal identification. You must then accept any additional agreements and/or disclosures, select a new password, and respond to any challenge questions as required by our system. Monetary transfers from savings and money market accounts via Memberline and Online Banking are included, as part of the five (5) allowed transfers per month. Transactions include: (a) View deposit and loan account balances and history; (b) Transfer funds from savings to any sub account or to another member account; (c) Advance funds from a line of credit to related savings or checking account; (d) Make loan payments from related savings or checking accounts (Credit Union loans only); (e) Access E-Statements; (f) Verify Cleared Transaction and/or Checks; and (g) Look up status and/or information on your loan, savings and/or checking accounts.

 

Limits on Transactions

In accordance with applicable law, we reserve the right to require you to provide written notice of any intended withdrawals from any account(s) of not less than seven (7) but not more than sixty (60) days before the intended date of withdrawal. If there are sufficient funds to cover some but not all of your withdrawal orders, we may permit those for which there are sufficient funds in any order we choose. We may refuse to allow any transaction, and will advise when required by applicable law.

 

• Transaction limitations for all savings and money market (all referred to as “savings account” herein): This Agreement imposes limits on the number of certain types of withdrawals and transfers you can make each month from a savings During any calendar month if you exceed more than five (5) withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized, automatic, telephonic, online banking, or audio response transfer or instruction, you may be charged a fee according to the Consumer or Business Account Fee Schedule(s). A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders, including orders received through ACH. LGE limits the amount of money that may be transferred daily and monthly between LGE and other financial institutions and may change these limits at any time by giving you notice as required by law
• Excessive Transactions: Transfers and/or withdrawals in excess of the limitations described above may be subject to a fee as set forth in the Consumer or Business Account Fee Schedule(s). We count a transaction and/or withdrawal on the date posted to your account. This date may be different from the date you authorize, transfer or write the transaction, which means a transaction made during one statement cycle may not be counted until a later statement cycle

 

When you use our Online Banking bill payment service, we recommend that you do not use a savings account as your bill payment account because of these limits on transfers.

 

Large Cash Withdrawals or Deposits

We may place reasonable restrictions on large cash withdrawals. These restrictions may include requiring you to provide reasonable advance notice to ensure we have sufficient cash on hand. We don’t have any obligation to provide security if you make a large cash withdrawal. If you want to deposit a large amount of cash, we may require you to provide adequate security or exercise other options to mitigate possible risks. In addition to the foregoing if any person should instruct the Credit Union to make a large cash withdrawal and we, in our sole discretion decide to accommodate such request, in lieu of other methods of transferring funds offered by the Credit, you will execute and deliver any releases and/or indemnitees that the Credit Union may require in connection with any such withdrawal. If we agree to provide a large cash withdrawal, then you will be responsible for any costs associated with this to include the costs of security as we deem necessary or prudent, which costs shall be deducted from the deposit.

Restrictions on Withdrawals from All Accounts/Transactions Closing Accounts When either you or the Credit Union close any accounts, certain funds may not be immediately made available to you upon closing. This is due to actions you have taken or your relationships with third parties that may result in certain holds that affect your available funds versus your actual funds. Please read this entire section for a complete explanation of these matters. These holds are generally resolved within a period of 10-days. Once all these matters are cleared so that your accounts are no longer responsible for any sums these other parties may claim, then any remaining funds shall become available funds and will be paid to you.

Checks with Multiple Signatures

We may act on the instructions of any one authorized signer on your account and not require multiple signatures. If you have indicated that more than one signature is required to transact on your account, you acknowledge and agree that such requirements are for your own control purposes only, and we will not be liable if a check or other transaction is processed without multiple signatures. We are not responsible for reviewing your checks or other transactions for multiple signatures.

Items with Dates and Special Instructions

We may pay the amount encoded on your check in U.S. dollars, even if you wrote the check in a foreign currency or made a notation on the check’s face to pay it in a foreign currency. The encoded amount is in the line along the bottom edge of the front of the check where the account number is printed.

 

We may, without inquiry or liability, pay a check even if it:

 

• Has special written instructions indicating we should refuse payment (e.g., “void after 30 days” or “void over $100”),
• Is stale-dated (i.e., the check’s date is more than six months in the past), even if we’re aware of the check’s date,
• Is post-dated (i.e., the check’s date is in the future), or
• Isn’t dated

 

All instructions to us in any manner shall be given in English; and any instructions given shall be given using simple numerical methods (e.g., to request one hundred dollars you will use: “$100” “$100.00” or the English equivalent: “One Hundred Dollars.”). We are not obligated to follow any other instructions.

Use of a Facsimile or Mechanical Signature

We agree to accept faxed, electronic, computer-generated, or other mechanical signature (including a stamp on a check) and it will be treated as if you had actually signed it.

ACH Debit Entries

Under the ACH operating rules, certain types of ACH debit entries may only be presented on a consumer account. We will have no obligation to pay, and no liability for paying, any consumer ACH debit entry on a business account

Acceptable Form for Checks

Your checks must meet our standards, including paper stock and dimensions; we may refuse checks that don’t or that cannot be processed by our equipment. Checks must include our name and address as provided by us. Certain check features, such as security features, may impair the quality of a check image. Also, you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge and agree that we have no responsibility or liability to you whatsoever resulting, arising or relating from/ to: alterations, forgery, non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in the writing of any check(s).

We require that checks purchased or printed from sources other than the Credit Union contain security features that will prevent the check from being counterfeited. The minimum features required are an artificial watermark, “VOID” pantograph, micro-print lines, bleed-through check numbering, a warning band and a Regulation CC endorsement backer on the reverse of the check. If you use checks that do not meet these minimum required counterfeit-avoidance security standards, and your checks are counterfeited, we may refuse to honor your request for reimbursement of any losses you may suffer. We are not responsible for losses that result from your failure to follow our check standards.

Checks You Request from the Credit Union

If you request any check be issued by the Credit Union, then all such checks are payable to the first named owner of the account, record owner, trustee, custodian, or as otherwise indicated on your account card with us and will be mailed to the address of record.

 

Checks Presented by a Non-Member / Non-Member of Credit Union

For these transactions, we require acceptable identification, which may include a fingerprint from the person presenting your check. We may not honor the check if the person refuses to provide us with requested identification. We may charge a fee for non-members to cash a check.

 

Electronic Check Indemnifications

An “electronic check” and an “electronic returned check” means an electronic image of a paper check or paper returned check or the electronic information derived from it.

 

When we transfer or present an electronic check or electronic returned check, we provide the following warranties:

• Image Quality Warranty: We guarantee that the electronic image accurately represents all of the information on the front of the check as of the time that the original check is truncated, and the electronic information includes an accurate record of all MICR line information required for a substitute check and the amount of a check
• No Double Debit Warranty: We guarantee that the warrantee won’t receive a presentment of or otherwise be charged for an electronic check, an electronic returned check, the original check, a substitute check, or a paper or electronic representation of a paper substitute check, in a way that the warrantee will be asked to pay a check that it has already paid

When we transfer an electronic check for collection or payment, we make the image quality warranty and the no double debit warranty to the transferee bank, any subsequent collecting bank, the paying bank, and the drawer. When we transfer an electronic returned check for return, we make the image quality warranty and the no double debit warranty to the transferee returning bank, the depository bank, and the owner.

Indemnities applicable to electronic checks and electronic returned checks: You will indemnify, defend, and hold us harmless from all liabilities, obligations, demands, and costs (including fees of legal counsel and accountants) awarded against or incurred by us (collectively, “losses and liabilities”), related to the transfer or return of an electronic check or an electronic returned check on your behalf. If we suffer any losses or liabilities related to a breach of the image quality warranty or the no double debit warranty, you will reimburse us and not hold us responsible or liable.

Indemnities applicable to remote deposit capture services (including Credit Union Mobile Deposit): If a depository bank accepts the original check from which an electronic check is created and suffers losses due to the check having already been paid, we’re required to indemnify and reimburse that bank. If we suffer any losses or liabilities related to that type of depository bank indemnity obligation, you will indemnify and reimburse us and not hold us responsible or liable.

Indemnities applicable to electronically created items: If we transfer or present an “electronically created item” and receive settlement or other consideration for it, we’re required to indemnify and reimburse each transferee bank, any subsequent collecting bank, the paying bank, and any subsequent returning bank against losses that result from the fact that:

 

• The electronic image or electronic information is not derived from a paper check,
• The person on whose account the electronically created item is drawn didn’t authorize its issuance or the payee stated on the item, or
• A person receives a transfer, presentment, or return of, or otherwise is charged for an electronically created item in such a way that the person is asked to make payment based on an item it has paid

 

If we suffer any losses or liabilities related to that type of electronically created item indemnity obligation, you will indemnify and reimburse us and not hold us responsible or liable.

 

Stop Payment

Applicable fees are described in the Consumer Account Fee Schedule and Business Account Fee Schedule.

Requesting stop payment on a check: You may request a stop payment on a check if you allow us a reasonable amount of time to act on it; the same is true if you ask us to cancel a stop payment order. You can request a stop payment through https://www.lgeccu.org, by phone, or by visiting your local branch. We may verify that we have not already become obligated to pay the check from your account and can verify after we accept your stop payment order. To issue a stop payment order on a check, we need the following information:

• Your Credit Union account number
• The check number or range of numbers
• The check amount or amounts
• The payee(s) name(s)
• The date on the check

We are not responsible for stopping payment on a check if you provide incorrect or incomplete information about the check.

Effective period for a stop payment order:

• If you give a written stop payment order on a check it is valid for six If you give an oral stop payment order that is not confirmed in writing by you or us within 14 days, your stop payment order will expire and the instrument may thereafter be paid by us. We may pay a check once a stop payment order expires. You must request a new stop payment order if you do not want it to expire and we will treat that renewal as a new order and a new fee will apply
• Your responsibility after we accept a stop payment on a check. Even if we return a check unpaid due to a stop payment order, you may still be liable to the holder of the check (e.g., a check cashing business)

Stop payment orders on ACH debit entries: You may request a stop payment order for an ACH debit entry that has not already been paid from your account. To be effective, a stop payment order must be received in a time and manner that gives the Credit Union a reasonable opportunity to act on the applicable ACH debit entry. If you provide verbal instructions, we may require confirmation in writing. If such written confirmation isn’t received, we may remove the stop payment order after 14 days. An instruction to revoke a stop payment order must be received in a time and manner that gives us a reasonable opportunity to act on it.

 

To place a stop payment order on an ACH debit entry, you must provide the following information: (i) your account number, (ii) amount of the ACH debit entry, (iii) effective date, and (iv) payee name. We may request additional information and may, at our sole discretion, use only a portion of the required information in order to identify the ACH debit entry. We may be able to place a stop payment order based on the company identification number of the sender/ payee, but this may stop all ACH entries received from this sender/ payee.

 

Stopping payment on a preauthorized electronic fund transfer. If your account is a consumer account, you may stop payment on a preauthorized electronic fund transfer. See “Handling preauthorized payments” in the “Electronic Fund Transfer Services” section of this Agreement.

Post-Dated Checks

We are not responsible for waiting to honor any post-dated check unless you use a stop payment order for the check. You’re responsible for notifying us to cancel the stop payment order when you’re ready to have that check paid.Official Checks and Money Orders

If you seek to return any official check and/or money order issued from your account, then you agree, we may treat such items as “lost, stolen, or destroyed” under the Uniform Commercial Code and reimbursement may not be made for 91-days from the date issued.

 

 

TRUTH-IN-SAVINGS ACT DISCLOSURE

Except as specifically described, the following disclosures apply to all accounts. All accounts described in this Truth-in-Savings Disclosure are checking and savings accounts. The Rate Addendum and Fee Schedule(s) applicable to your account is an integral part of these disclosures and is incorporated herein as though stated verbatim.

 

Rate Information

The Annual Percentage Yield (APY) is set forth in the Rate Addendum. The dividend rates are variable and may change. At our discretion, we may change the dividend rate and Annual Percentage Yield on your Account any time without notice to you. (Personal) Savings, Money Market and Checking Accounts are tiered rate accounts with the exception of our Simply Checking accounts or as otherwise indicated on the Rate Addendum. (Business) Savings and Money Market Accounts are tiered rate accounts.

 

“Average Daily Balance Method”

Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in your account for the period. The average daily balance is calculated by adding the balance in your account for each day of the Period and dividing that figure by the number of days in the Period. We may also change the manner in which dividends are calculated and/ or credited to you, by posting the change in our branch offices, by making such information available upon request in our branch offices, or in any other manner required or permitted by law. If you desire current dividend rate and annual percentage yield information, please ask in any branch office, telephone your Credit Union representative, or review online at www.LGEccu.org.

(Business Only) We reserve the right to calculate dividends for those dividend bearing Accounts which are used for Business or other non-personal purposes, in a manner different from those dividend-bearing Accounts which are used for personal, household or family purposes. We must report dividends on certain non-corporate Accounts to the appropriate governmental agencies. It is your responsibility to give us your correct tax identification number and to make certain written certifications to us as required by law. If you fail to give us your number or the required certifications, we may withhold and pay to the government a percentage of the dividends earned on your Account, as required by law. You may also be subject to government penalties.

 

Nature of Dividends

Dividends are paid from current income and available earnings after required transfers to reserves at the end of the dividend period, thus dividends are not guaranteed. The Dividend Rate and Annual Percentage Yield set forth in the Rate Addendum are prospective rates and yields the Credit Union anticipates paying for the applicable dividend period.

Dividend Compounding and Crediting

Dividends will be compounded and will be credited as set forth in the applicable Rate Addendum. The Dividend Period (“period”) for each of your accounts is set forth in the Rate Addendum. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. If your account is closed or you make a withdrawal during a dividend period before dividends are credited, you may not receive accrued but uncredited dividends.

 

Accrual of Dividends

Dividends will begin to accrue on the business day we receive provisional credit for the deposit of noncash items (e.g. checks) to your account. Dividends will begin to accrue on cash deposits on the business day you make the deposit to your account.

 

Balance Information

Any minimum deposit to open an account, and the minimum average daily balance you must maintain to avoid service fees or account closure and to earn the annual percentage yield stated for your account is set forth in the Rate Addendum. Accounts with Minimum Balance Requirements: If you fail to maintain the minimum balance required to earn the dividend rate and annual percentage yield for any account as set forth in the Rate Addendum, then you will not earn the dividend rate and annual percentage yield for the period in which you do not meet this requirement.

 

EXCESSIVE TRANSACTIONS AND TRANSACTION LIMITATIONS

 

Transaction Limitations for All Savings Accounts

Limitations are set forth in this Agreement under section titled General Terms and Conditions.

 

Excessive Transaction Fees

Limitations on the number of transactions and the fee as set forth in the Fee Schedule(s). Savings account transactions are limited to five (5) per month. Additional transactions during a month will cause a fee. Applicable fees are set forth in our Fee Schedule(s).

 

Youth and Young Adult Accounts

(Consumer Only) Only one youth account per social security number allowed. If a required joint owner is removed from the account by death or otherwise, we may suspend all account activity until a new joint owner is named. A new joint owner would be a legal guardian or court appointed Conservator, which may require official documentation.

 

Nest Account

(Consumer Only) When offered, transaction limitations apply. Deposits are limited to one initial deposit, as stated in our Rate Addendum, with additional monthly dividends and/or rewards deposit options based upon your elections. Promotions may be offered from time to time allowing for additional

opportunities to make a deposit. Withdrawals are limited to one per month. If you withdraw more than once per month the account is closed and balance dispersed by check or into another share. You will not be able to reopen the account for twelve months. Overdraft from this account is not allowed. No ACH transactions allowed. Excludes Estate and Commercial Accounts. Transactions to account are through contact center and in-branch personnel only. To be eligible, all co-owners must be listed at the account level.

 

Free Business Checking (Business Only)

Transaction limitations apply to excessive cash transactions defined as cash activity exceeding $10,000 in 3 or more consecutive statement periods. If excessive cash transactions occur we may ask you to close the account or transfer to another account type.

 

Limitations for IRA Savings Accounts

You are solely responsible for complying with any requirements including transaction limitations and penalties for early withdrawal under the Internal Revenue Code or other applicable Federal or State law governing any IRA or other Credit Union accounts. Deposits are not limited. Transfers to a Credit Union IRA Certificate are allowed subject to applicable law; and the minimum balance requirements and other restrictions applicable to the Certificate Account.

 

Membership Par Value

As a condition of membership, each member is required to hold the minimum share required. At the time your account is established, the Credit Union, on your behalf, will pay the initial $1.00 Membership Share into a general ledger account. This account is a non-transactional, non-earning, notice account and serves only to evidence your membership in the Credit Union.

 

Membership Will be Terminated Six Months From The Close Date of All Service(s)

Any member with the intent of redeeming their Membership Share must provide written notice during this six month period. The Credit Union has sixty

(60) days from the day we receive your written notice to process your request.

 

Rates

The rates provided with or in the Rate Addendum and Fee Schedule are accurate as of the effective date indicated therein. If you have any questions or require current rate information on your accounts, please call the Credit Union.

 

Fees

See Personal or Business Account Fee Schedule for a listing of fees and charges applicable to your account(s).

 

National Credit Union Share Insurance Fund

Member accounts in this Credit Union are federally insured by the National Credit Union Share Insurance Fund.

 

TRUTH-IN-SAVINGS ACT DISCLOSURE/CERTIFICATES

 

Except as specifically described, the following disclosures apply to all accounts. All accounts described in this Truth-in-Savings Disclosure are term certificate accounts.

The Rate Addendum and Personal or Business Account Fee Schedule Applicable to your account is an integral part of these disclosures and is incorporated herein as though stated verbatim.

 

Rate Information

The Annual Percentage Yield is set forth in the Rate Addendum. The dividend rate and annual percentage yield on your account are stated in the Rate

Addendum and/or your Term Share Certificate. The annual percentage yield reflects the dividends to be paid on your account based on the dividend rate and the frequency of compounding for an annual period. For Fixed Rate Share Certificate(s) the dividend rate and annual percentage yield are fixed and will be in effect for the term of the account. For Variable Rate Share Certificate(s) the dividend rate and annual percentage yield are variable and may change each dividend period based on the determination of the Credit Union’s Board of Directors. The annual percentage yield assumes that dividends will remain on deposit until maturity. Any withdrawals will reduce your earnings.

 

Nature of Dividends

Dividends are paid from current income and available earnings after required transfers to reserves at the end of the dividend period, thus dividends are not guaranteed. The Dividend Rate and Annual Percentage Yield set forth in the Rate Addendum are prospective rates and yields the Credit Union anticipates paying for the applicable dividend period.

Dividend Compounding and Crediting

Dividends will be compounded and credited monthly unless at account opening you arrange for monthly dividend payments to be deposited into another account type. Dividends will be compounded and credited as set forth in the Rate Addendum. The Dividend Period (“period”) for each account is set forth in the Rate Addendum. The period begins on the first calendar day of the period and ends on the last calendar day of the period. Earnings section: Dividends will accrue from the date of issue and shall be paid at the rate and frequency stated on your certificate. The annual percentage yield is based on an assumption that dividends will remain in the account until maturity. A withdrawal will reduce annual percentage yield. Funds withdrawn before the end of a dividend period may not earn dividends for that entire dividend period.

Accrual Of Dividends

Dividends will begin to accrue on the business day we receive provisional credit for the deposit of noncash items (e.g. checks) to your account. Dividends will begin to accrue on cash deposits on the business day you make the deposit to your account. Once dividends are credited to a certificate account, it becomes principal. If you close your Certificate account before any dividend is credited, you will forfeit uncredited or unpaid dividends.

 

Balance Information

The minimum opening deposit required to open any Certificate(s) Account is set forth in the Rate Addendum.

 

Balance Computation Information

Dividends are calculated by the daily balance method, which applies a daily periodic rate to the balance in the account each day.

 

Transaction Limitations on Certificates

Once the account is opened, you may not make deposits into the account until the maturity date unless allowed by special promotional offer. You may not make withdrawals of principal from the account unless allowed by special promotional offer.

 

Transaction Limitations on IRA Certificates

Withdrawals from principal may be allowed for IRA Certificate accounts if you have attained the age of 59 ½. A penalty will be charged if you have reached the age of 59 ½ and you withdraw the IRA certificate below the minimum balance or close the certificate. You may not make withdrawals of dividends from your account unless you arrange for monthly dividend payments at account opening. In addition to any other applicable limitations described in this Agreement, after a Term Account is opened, you may not make deposits into the account before maturity.

 

Membership Par Value

As a condition of membership, each member is required to hold the minimum share required. At the time your account is established, the Credit Union, on

your behalf, will pay the initial $1.00 Membership Share into a general ledger account. This account is a non-transactional, non-earning, notice account and serves only to evidence your membership in the Credit Union.

 

Rates

The rates provided with or in the Rate Addendum are accurate as of the effective date indicated therein. If you have any questions or require current rate information on your accounts, please call the Credit Union.

 

Fees

See Personal or Business Account Fee Schedule for a listing of fees and charges applicable to your account(s).

 

Maturity Date

Your account will mature on the date stated in your Certificate, Receipt or any Renewal Notice the Credit Unions provides to you.

 

Early Withdrawal Penalties – All Time Deposit Accounts

You have agreed to leave the principal of this account on deposit for the full term stated in your Certificate. If all or part of the principal is withdrawn before the maturity date, the Credit Union may charge you a penalty. Withdrawal of the principal amount of your Certificate may be made only with the consent of the Credit Union. Penalties are as follows:

 

• Term of 18 months or less shall forfeit an amount equal to 90 days dividends
• Terms of 24 or 30 months shall forfeit an amount equal to 180 days dividends
• Terms of 33 or 36 months shall forfeit an amount equal to 270 days dividends
• Term of 48 months shall forfeit an amount equal to 360 days dividends
• Terms of 55 or 60 months shall forfeit an amount equal to 450 days dividends

 

The penalty may be calculated at the rate paid on the deposit at the time of the withdrawal. The penalty will, if necessary, be taken from the principal amount of the deposit. Any certificate redeemed prior to reaching the set penalty days established at time of opening, will forfeit all dividends earned plus principal to meet the required obligation.

 

The Credit Union may grant a premature withdrawal request without penalty or with a reduced penalty in the event of the owner’s death or legal incompetence; or if your account is an IRA account and the account is revoked within 7 days after the IRA Disclosure Statement is received; or when the account is an IRA account and the owner qualifies pursuant to applicable law.

 

Partial Withdrawal

No partial withdrawal will be permitted at any time that would result in a principal balance of less than the required minimum opening deposit.

 

Renewal Policy

Unless you instruct the Credit Union otherwise, your certificate account may automatically renew at maturity. You will have a grace period of ten (10) business days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty. However, the Credit Union reserves the right to give the owner written notice that the account will not be renewed. In the latter case, upon maturity, the account will be converted to a regular savings account and receive earnings at the rate then paid on regular savings deposits. The rate of earnings for any renewal terms, shall be at the

rate the Credit Union is then offering on the same accounts in this class. If you instruct us not to renew your account, then no dividends will be paid after the stated maturity date. We reserve the right to change the terms/rates upon provision of any notice specifically required by applicable law. Such changes will be effective immediately if specific law does not require prior notice.

Promotional Renewal: Upon maturity, a promotional certificate may automatically renew for another promotional term although the same rate and term are not guaranteed. For non-auto renewal promotional certificates, the balance of the promotional certificate will be deposited in a savings account. Your receipt will display your renewal option.

Non-renewal: If you choose non-renewal of a certificate, at maturity, the funds will be distributed to your savings account. Certificate rate will not be paid beyond date of maturity. Your receipt will display your renewal option.

We May Choose Not to Apply Penalties in the Following Circumstances

(1) Death of any owner of this certificate. (2) Owner of certificate is determined to be incompetent by a court or other body of competent jurisdiction. (3) When the account is an IRA and the owner attains age 59 ½ or becomes disabled. (4) If certificate is withdrawn within ten (10) day grace period. (5) After a merger or where federal deposit insurance has been lost. If this Certificate is payable to joint owners with right of survivorship, such owners agree each with the other and with the Credit Union that the sum represented by this Certificate and all accumulations thereon are and shall be owned by them as joint owners with right of survivorship, and either such owner alone shall have the right and authority to take action affecting this Certificate. Any notice provided for herein shall be good and valid when given by or directed to either of such owners, and payment to or on direction of either of such owners, or the survivor, shall be valid and discharge the Credit Union from liability.

Bonuses

The Credit Union may periodically offer a bonus in conjunction with a deposit account. On the occasion that this offer is made, you will be notified of any minimum balance or time requirements to obtain this bonus.

National Credit Union Share Insurance Fund

Member accounts in this Credit Union are federally insured by the National Credit Union Share Insurance Fund.

PROTECTING YOUR ACCOUNT AND YOUR INFORMATION; THIRD PARTY APPLICATIONS

Third-Party Payment Services and Applications

If you link any of your accounts or services to a third-party application or payment service (including but not limited to PayPal, Zelle or Venmo) you understand and agree that these are not Credit Union services; and any transactions you make will be subject to your agreements with the app or service provider. You understand that these apps and services do not provide the same protections from fraud or other misapplication of funds as traditional direct banking services.

If we transfer any funds as directed by you or anyone you authorize to the app or third-party service provider such transfer(s) shall in all respects be an authorized transaction and we will have no further obligation or liability if the app or provider then transfers the funds to a fraudster or the funds are otherwise misapplied. Further, you understand that funds transferred to/via a third-party App may not be federally or otherwise insured; and you assume all risks should your funds become unavailable for any reason.

Protecting Business Accounts

If we have expressly recommended that you use a fraud prevention service or industry best practice and you either (a) decide not to implement or use the recommended service or industry best practice or (b) fail to use it in accordance with the applicable service description or our other applicable documentation, then you are responsible for all losses that could have been prevented or mitigated by correct use of the recommended service or best practice.

Third-party payment processing agreements require you to monitor your accounts very carefully and may require you to report certain disputes, returns or unauthorized activity within as little as two (2) business days. Failure to abide by such agreements may impair any claims you may have, and the Credit Union encourages you to obtain and monitor those third-party agreements through whom you determine your Company will offer services or make or facilitate transactions.

Verifying Your Identity With Your Mobile Device And Your Wireless Company The Credit Union may collect, use, and retain personal or other information about you or your mobile device to assist in verifying your identity. We may rely on such information provided to us by your wireless company, and you authorize them to disclose: (1) Your mobile number, name, address, email; and (2) Network status, member type, member role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber and device details to Credit Union and our service providers for the duration of the account relationship.

Review our Privacy Notice for how we treat your data. You represent that you are the owner of the mobile phone number or have the delegated legal authority to act on behalf of the mobile subscriber to provide this consent.

STATEMENTS, INTEREST, AND OTHER ACCOUNT INFORMATION

Statements And Notices

We’ll make available to you a periodic statement of your account activity for each statement period, using the postal or email address associated with your account and as required by law. We’ll do the same with notices. If your delivery preference is electronic, we’ll notify you by email that your statement or notice is available online. You must be at least 13 years old to receive online statements, unless parental consent has been provided in a format acceptable to us.

We’ll send statements and notices to one owner of a jointly owned account, and you agree that owner is responsible for sharing copies of the information with all other owners.

Your statement is considered received by you on the second business day after we mail it to you or, if your delivery preference is electronic, when it’s available through online banking. You agree to this timing even if the postal or email address you provided us is invalid.

Statements will be provided to the fiduciary upon any trust, custodial or other fiduciary account; and the requirements of this paragraph will be binding on all parties in interest with regard to such accounts pursuant to such delivery. Contact us via mail, Attn: Contact Center, P.O. Box 1188, Marietta, Georgia 30061- 1188, if you do not receive your regular statement. If you do not receive or have any problem accessing a periodic statement, you agree to notify us in writing within fourteen (14) days of the date that the statement is usually sent or made available by us. If you do not notify us, you will be deemed to have received the statement for all purposes.

YOUR DUTY TO EXAMINE AND REPORT PROBLEMS: AS USED IN THIS SECTION, THE TERM “PROBLEM” MEANS ANY ERROR, ALTERATION, COUNTERFEIT CHECK, OR UNAUTHORIZED TRANSACTION (INCLUDING, BUT NOT LIMITED TO, FORGED OR MISSING SIGNATURES AND CONSUMER ELECTRONIC BANKING TRANSACTIONS) RELATED TO YOUR ACCOUNT. BECAUSE YOU ARE IN THE BEST POSITION TO DISCOVER ANY PROBLEM, YOU AGREE THAT IT IS YOUR DUTY TO PROMPTLY EXAMINE YOUR STATEMENT AND REPORT TO US ANY PROBLEM ON OR RELATED TO YOUR STATEMENT. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY PROBLEM THAT: (1) YOU DO NOT REPORT TO US IN WRITING WITHIN A REASONABLE TIME NOT TO EXCEED SIXTY (60) CALENDAR DAYS AFTER WE MAIL THE STATEMENT (OR MAKE THE STATEMENT AVAILABLE) TO YOU; (2) RESULTS FROM A FORGERY, COUNTERFEIT OR ALTERATION SO CLEVER THAT A REASONABLE PERSON CANNOT DETECT IT (FOR EXAMPLE, UNAUTHORIZED CHECKS MADE WITH YOUR FACSIMILE OR OTHER MECHANICAL SIGNATURE DEVICE OR THAT LOOK TO AN AVERAGE PERSON AS IF THEY CONTAIN AN AUTHORIZED SIGNATURE);

OR (3) AS OTHERWISE PROVIDED BY LAW OR REGULATION. YOU AGREE THAT THIS SIXTY (60) DAY PERIOD TO EXAMINE YOUR STATEMENT AND REPORT PROBLEMS TO US ARE WITHOUT REGARD TO OUR LEVEL OF CARE OR THE COMMERCIAL REASONABLENESS OF OUR PRACTICES, AND WITHOUT REGARD TO WHETHER CANCELED CHECKS ARE SUPPLIED TO YOU.

You agree to waive any rights to recovery you may have against us if you do not provide notice to us in the manner and within the time required by this Agreement. You may not start a legal action against us because of any problem unless: (a) you have given us the above notice and (b) the legal action begins within one year after we send or make your statement available to you. If you make a claim against us in connection with a problem, we reserve the right to conduct a reasonable investigation before re-crediting your account and you agree to fully cooperate in such investigation. Within 30 days of the date of mailing, you agree to complete and return an affidavit of forgery on the form we provide you along with any other information we may request. You further agree to file a police report if we request. If you refuse to sign such an affidavit or fail to return the affidavit and other requested documentation within 30 days of the date, we mail it to you, you agree that we may consider the matter resolved and reverse any provisional credit provided. At our sole discretion, we may, but are not obligated to, provisionally credit your account during the investigation for all or a portion of the amount claimed. Any provisional credit to your account may be reversed if you fail to fully cooperate in our investigation or, if as a result of our investigation, we determine that the charge to your account was proper. You agree to pay any fees assessed or accrued against your account during the investigation or that may arise upon reversal of any provisional credit.

 

Notwithstanding the foregoing, the time period for notifying us or making a claim under the Check 21 Act, with respect to a substitute check or an image of a substitute check that is sent with a statement or that appears on a statement, will be as set forth in the Check 21 Act.

Combined Statements

We may combine statements for accounts with at least one common owner, in which case we consider the first account listed on your statement as your primary account. We’ll make available your account statement through the address listed for your primary account. Statements for accounts in a combined statement will be delivered according to the delivery preference of the primary account.

If provided electronically, statements will be (1) e-mailed to you as an attachment; or (2) you will be sent a notice via e-mail that will direct you to a site where you may access your statement as otherwise agreed. E-mails from us will be sent to the e-mail address provided by any owner. Statements will be provided to the fiduciary upon any trust, custodial or other fiduciary account; and the requirements of this section will be binding on all parties in interest with regard to such accounts pursuant to such delivery. If you have agreed to receive notices electronically, we may send you notices electronically and discontinue mailing paper notices to you until you notify us that you wish to reinstate receiving paper notices.

Changing Statement Period and Fee Period for Checking and Non-IRA Savings Accounts

We may change the statement period and fee period assigned to your account without advance notice. If your account is dividend-bearing, these changes won’t affect dividend calculations, but they may affect the date we post dividends to your account.

Check Safekeeping and Check Image Service

We don’t return your physical paid checks in your statements. Instead, we make copies of your paid checks available online, by calling us, or at our branches.

Change of Address

You agree to promptly notify us of any change to your postal or email address. We’ll change your postal or email address within a reasonable time after you request it. If you have a combined statement, any owner of the primary

account can change the address of all accounts included in the combined statement. Unless you instruct otherwise, we may change the postal or electronic address only for the account(s) you specify or for all or some of your other account(s) with us.

We may update your address in our records without a request from you if: (1) we identify a need to rely on another address you have provided us; or (2) we receive an address change notice from the U.S. Postal Service or information from another party in the business of providing correct address details that does not match the address in our records for your account or card.

Consumer accounts only: Electronic fund transfers are subject to different time periods for notification of errors, as described in the “Electronic Fund Transfer Disclosure” section of this Agreement. Common examples of electronicfund transfers are ATM, debit card, and Bill Pay transactions.

Consumer accounts only: For specific information on unauthorized electronic fund transfers, see the “Electronic Fund Transfer Disclosure” section of this Agreement.

Adverse Claims Against Your Account

An adverse claim occurs when:

 

• Any person or entity makes a claim against your account or funds in your account,
• We believe a conflict exists between or among your account’s owners, or
• We believe a dispute exists over who has account ownership or authority to withdraw funds from your account
• In these situations, we may take any of the following actions without any responsibility or liability to you:
• Continue to rely on the documents we have on file for your account
• Honor the claim against your account funds if we’re satisfied the claim is valid
• Freeze all or a part of the funds in your account until we believe the dispute is resolved to our satisfaction
• Close your account and send a check or other item for the available balance in your account payable to you or to you and each person or entity who claimed the funds
• Pay the funds into an appropriate court and/or petition the court to resolve the dispute

 

We also may charge you and/or any account you keep with us for our fees and expenses in taking these actions (including attorney’s fees and expenses, and court costs).

If You Carry Special Insurance for Employee Fraud/Embezzlement (Business accounts only)

If you have special insurance for employee fraud/embezzlement, we may require you to file your claim with your insurance company before making any claim against us. In such event, we’ll consider your claim only after we have reviewed your insurance company’s decision, and our liability to you, if any, will be reduced by the amount your insurance company pays you.

Other Insurance (Business accounts only)

If you make any claim that relates to a business account, you agree to pursue all rights you may have under any insurance coverage you maintain before making any claim against us in connection with any transaction involving your accounts. You will provide us with all reasonable information about your coverage, including the name of your carrier, policy number, policy limits and applicable deductibles. Any liability we may have to you is reduced by the

amount of all insurance proceeds you receive or are entitled to receive. At our request, you agree to assign to us your rights under your insurance policy(ies).

Restricting Access to Your Account

If we suspect any suspicious, irregular, fraudulent, unauthorized, dispute as to ownership or unlawful activities, we can prevent, delay, or decline transactions, freeze all or some of the funds in any account with us that you keep or control, and otherwise restrict access to your account. We may take these actions in our sole discretion and without liability to you, but we are not obligated to take any such actions.

Converting Accounts

We can convert your account to another type of deposit account (by giving you any required notice) if:

 

• You use it inappropriately or fail to meet or maintain the account’s requirements, including minimum balance requirements;
• We determine an account is inappropriate for you based on your use;
• We stop offering the type of account you have; or
• You use a personal account for business activities

Sharing Information About Your Account With Others

Generally, if we don’t have your consent, we won’t share information about your account. However, we may share information about your account in accordance with our Privacy Policy. For specific information on our privacy practices, see the “Privacy Policy” section of this agreement.

Tax Identification Number Certification Requirements

U.S. Treasury regulations require us to determine the tax residency of all members and payees who could receive income that is reportable to the IRS. We accomplish this by obtaining a Form W-9 from all U.S. taxpayers and a type of Form W-8 from all foreign members.

 

• We use Form W-9 or a substitute equivalent to document
• S. tax residency and obtain a Taxpayer Identification Number (“TIN”) from the primary owner of each account. Until we have received the Form W-9 and TIN, we are required to apply backup withholding to any income earned
• Foreign individuals (also referred to as nonresident aliens) and foreign entities document their tax residency outside the U.S. on the applicable type of Form W-8 or an acceptable substitute equivalent. That form also allows us to apply the correct withholding rate or exemption to your income earned in the U.S. If you don’t provide a valid type of Form W-8, we’re required to apply the 30% withholding rate, or in some cases, presume you’re an uncertified U.S. taxpayer subject to backup withholding on all income and gross proceeds regardless of whether or not it’s U.S. sourced
• Accounts jointly owned by at least one foreign individual or entity must provide a Form W-8 or Form W-9, as applicable, for all of the joint owners
• Foreign individuals provide a Form W-8BEN. Foreign entities that are the beneficial owner of the income provide a Form W-8BEN-E unless they can make a special withholding exemption claim and instead provide either a Form W-8EXP or Form W-8ECI
• Entities that act as intermediaries or flow-through entities receiving income on behalf of someone else provide a Form W-8IMY. In some cases, that Form W-8IMY must also

include a withholding statement that allocates the income to each of the beneficial owners and copies of the tax certification documentation for those underlying beneficial owners

If you own your account as an individual or sole proprietor, upon your death, we must be provided with the estates or successor’s IRS Form W-9 or Form W-8. If these are not provided, we may either refuse to pay interest earned on your account from the date of your death or apply backup withholding on the income earned after the date of your death.

Your Tax Responsibility

You’re responsible for paying applicable state and local sales taxes on your account fees. These taxes vary by location. You also agree to pay an amount equal to any other applicable taxes, including backup withholding tax. We will charge you for all the foregoing taxes and amounts. You also agree to pay an amount equal to any other applicable taxes, including backup withholding tax.

Communications About Your Account

You agree that we may contact you by phone, text, email, or mail to service your account or collect amounts you owe us. You will provide us accurate and current contact information. We can contact you at any address, phone number, or email address you provide.

When you give us a phone number, you expressly consent that we (and any party acting on our behalf) may contact you by phone call or text message at that number. When we call you, you agree that we may leave prerecorded or artificial voice messages. You also agree that we may use automatic telephone dialing systems in connection with calls or text messages sent to any phone number you give us, even if the receiving number is a mobile phone or other service for which the party called may be charged.

Communicating with authorized signers: We may provide you or an authorized signer with information about your account. When we receive information from an authorized signer, we treat it as a communication from you. You agree to notify us promptly in writing if an authorized signer no longer has authority on your account.

 

TERMINATION OR RESTRICTION OF ACCOUNT(S) AND SERVICE(S) AND POLICY ON MEMBER/USER/VISITOR CONDUCT AND BEHAVIOR:

You may terminate your membership by providing us written notification. Termination will not release you from any fees or obligations you owe us, those incurred in the process of closing your accounts or services or your liability on outstanding items or transactions. You may terminate a single party account at any time by notifying us in writing. We have the right to require the written consent of all parties to a multiple party account for termination. You further agree that we can terminate your membership, any account or service for cause based on any of the circumstances defined in this Agreement; without notice or further action.

 

We, in our sole discretion, may terminate, limit or restrict, or change the terms, as we in our sole discretion deem appropriate, on any of your account(s) or service(s), including but not limited to loan services, or place a freeze on any sums on deposit with us at any time without notice or require you to close your account(s) and/or service(s) and apply for a new account(s) and/or services(s) if: (1) there is a request to change the owners or authorized users; (2) there is a fraud and/or forgery or unauthorized use committed or reported; (3) there is a dispute as to ownership of any account or sum on deposit; (4) there are any checks that are lost or stolen; (5) there are returned unpaid items-transactions not covered by an overdraft protection with us or any abuse of any such protection per our assessment thereof; (6) there is any misrepresentation regarding any account(s) or service(s); (7) the Credit Union incurs any loss or believes it may incur any loss relating to any loan(s), account(s) or service(s) you have with us; (8) we believe you have been negligent in protecting any access devices or codes; (9) we deem it necessary to protect the Credit Union from any risks or losses, or otherwise deem it to be in the best interests of the Credit Union, our members or our employees; (10) you breach any promise under this

Agreement or any other agreements with us including but not limited to any default or other delinquency with regard to any loan or other agreements; (11) if bankruptcy or any other insolvency proceeding is filed by or against you, or if we otherwise deem you to be insolvent or incapable of meeting your obligations to us; (12) you refuse or fail to cooperate with the Credit Union as needed to assess any services, transactions or issues [this will in no way affect any claims you may assert under any federal or state laws which do not expressly provide a duty to cooperate and any non-cooperation will only be considered in assessing risks associated with providing services to you in the future]; (13) you have an account that does not maintain a required par value for a membership account or any balance as to all other accounts; (14) you violate any Credit Union policy, procedure or standard or any law, regulation or rule; (15) if you participate or facilitate any transactions for another person who is prohibited from making transactions with us pursuant to applicable laws or Credit Union policy and/or procedure; (16) making unauthorized posting(s), defacing or removing notices or signs on Credit Union premises and/or social media sites without management authorization; (17) misappropriating Credit Union funds, property, or other material proprietary to the Credit Union;

(18) deliberately or repeatedly violating security procedures or safety rules;

(19) possessing, using, or being under the influence of illicit drugs on Credit Union premises; or (20) engaging in use or possession of weapons of any kind on Credit Union premises except for on-duty law enforcement officers or security officers; or (21) displaying and/or engaging in “inappropriate” or “abusive conduct” as defined by the Credit Union to protect Credit Union employees and members; or (22) any new US or other Country’s laws, rules, regulations or other requirements make it impractical or impossible for the Credit Union to meet the requirements of such laws, rules, regulations or other requirements.

 

Notice on Actions We may take upon Termination as Set Forth Above: We, on our own accord, may place a stop payment on any check, item, or transaction if we are notified or otherwise reasonably believe that any of the foregoing circumstances have occurred. If you do not accept any deposit or part of a deposit that we attempt to return after termination, then such deposit will no longer earn dividends. We are not responsible for any check, withdrawal, item or transaction after your account is terminated. However, if we pay any item after termination, you agree to reimburse us upon demand.

Joint Accounts or Services: In our sole discretion, we may require the party to whom the restrictions or termination of the above remedies affecting any accounts or services with multiple owners or parties, when applicable be: (1) removed; (2) close the account and then open a new account absent the affected owner or party; or (3) the restrictions may be applied to the account or service. The Credit Union has no obligation to provide any specific information regarding the basis for taking action under this section to any other owners or parties.

 

Residence Outside the U.S., Its Possessions, or Territories: We may require that all checking accounts and related services be closed or deactivated if you move your residence to a country or place outside the U.S., its possessions or territories. The Credit Union may close your checking account(s) and related services if you do not do so.

 

Inactive or Dormant Accounts

If your account falls below any applicable minimum balance and you have not made any transactions within the period of time specified in the Consumer or Business Account Fee schedule, we may classify your account as inactive and may charge a fee. Although having no obligation to do so, we reserve the right to not classify a particular account as either inactive or dormant if any owner thereof has any active accounts or services with us.

 

Your account may be declared dormant pursuant to applicable state laws. Unless specifically prohibited by applicable law, we may also charge a service fee as permitted by law for processing your dormant account. Unless prohibited by applicable law, we further reserve the right to transfer your dormant account funds to a general Credit Union account and to suspend any further account statements.

DISPUTE RESOLUTION (CONSUMER RELATIONSHIPS ONLY)

Mediation and Arbitration

If you have a dispute with us, we hope to resolve it as quickly and easily as possible. First, discuss your dispute with us. If a Credit Union employee is unable to resolve your dispute, you agree that either Credit Union or you can initiate arbitration as described in this section. If we are unable to resolve a dispute arising out of or relating to any, this Agreement, any other agreements relating hereto, any transaction or any other matters between us, including a claim based on or arising from an alleged tort, through good faith negotiation, then such dispute shall be referred to mediation before a neutral party, pursuant to applicable Georgia law, rules, regulations and the Rules of the Georgia Supreme Court. The parties shall share equally the expenses of such mediation and/or arbitration.

If mediation in accordance with this Section does not resolve a dispute, or the dispute is not eligible for mediation, it shall be determined by binding arbitration at the request of either party pursuant to the provisions below. No provision of this Mediation and/or Arbitration shall limit the right of a party to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any proceedings covered by these terms. The exercise of a remedy does not waive the right of either party to resort to binding arbitration pursuant to the terms that follow.

All terms and conditions outlined in “Dispute Resolution”, including any questions or disputes regarding the enforceability of any term or condition, such as waiver of a jury trial or the ability to bring, join, or consolidate a class action, shall also apply to any mediation.

Arbitration means an impartial third party will hear the dispute between Credit Union and you and provide a decision. Binding arbitration means the decision of the arbitrator is final and enforceable. A dispute is any unresolved disagreement between Credit Union and you. A dispute may also include a disagreement about this Arbitration Agreement’s meaning, application, or enforcement.

Credit Union and you each agree to waive the right to a jury trial or a trial in front of a judge in a public court.

Arbitration is beneficial because it provides a legally binding decision in a more streamlined, cost-effective manner than a typical court case. But, the benefit of arbitration is diminished if either Credit Union or you refuse to submit to arbitration following a lawful demand. Thus, the party that does not agree to submit to arbitration after a lawful demand must pay all of the other party’s costs and expenses for compelling arbitration.

Neither Credit Union nor you will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.

Right to Opt Out

You may opt-out of this Arbitration Provision by calling us toll free at: 1-800-541-8921, call locally at: 770-424-0060, or by sending us a written notice to the address above, including your name(s), account number(s), and a statement that you do not wish to be governed by the Arbitration Provision in your Account Agreement (the “Opt-Out Notice”). If an account is jointly owned, one owner’s rejection of this provision will be deemed to be a rejection by all joint owners. In all other circumstances, your rejection of this provision will not be deemed to be a rejection of this provision by any person or entity other than you.

To be effective, your written Opt-Out Notice must be: (1) sent to us by first class mail or certified mail, return receipt requested, at: Address for Opt-Out, and (2) signed by you including the information set forth above. We must receive your telephone call or written notice within forty-five (45) days after either: (i) the date this Arbitration Provision was first delivered or otherwise made available to you, in paper or electronic form, or (ii) the day you open your account, whichever is later. Your decision to opt out will not affect any other provision of your Membership and Account Agreement. If the Arbitration Provision of your Membership and Account Agreement has already been delivered or otherwise made available to you, amendments to your Membership and Account Agreement will not give you a new right to opt out of this Arbitration Provision, unless we amend a substantive clause of the Arbitration Provision.

Opting out does not affect the above waiver of trial, joinder, and consolidation rights.

Applicable Rules

Credit Union and you each agree that:

 

• The American Arbitration Association (AAA) will administer each arbitration and the selection of arbitrators according to the AAA’s Consumer Arbitration Rules (AAA Rules)
• If there are any differences between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement If this Arbitration Agreement is in dispute, the arbitrator will decide whether it is enforceable
• Credit Union and you are participating in commercial transactions involving the movement of money or goods among states
• The Federal Arbitration Act (Title 9 of the United States Code) governs this Arbitration Agreement and any arbitration between Credit Union and If the Act or any part of it is inapplicable, unenforceable or invalid, the state laws governing your relationship with Credit Union govern this Arbitration Agreement

Either Credit Union or you may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has previously begun. For information on initiating arbitration, contact the AAA at 1-800-778-7879.

Fees and Expenses

The Credit Union will pay any costs that are required to be paid by us under the arbitration administrator’s rules and procedures, and subject to applicable law. If the arbitrator rules in your favor on any claim presented, we will reimburse you for arbitration filing fees you have paid up to $700.00. Please check with the arbitration administrator to determine the fees applicable to any arbitration you file.

Applying state law: The laws governing your account may limit the amount of fees and expenses you are required to pay in arbitration. Your arbitration fees and expenses will not exceed any applicable limits.

Paying for attorney/expert/witness fees: Unless applicable laws state otherwise, each party will pay its own attorney, expert, and witness fees. This rule applies no matter which party wins arbitration.

 

DISPUTE RESOLUTION (BUSINESS RELATIONSHIPS ONLY)

Arbitration Agreement Between You and the Credit Union

If you have a dispute with us, we hope to resolve it as quickly and easily as possible. First, discuss your dispute with us. If a Credit Union employee is unable to resolve your dispute, you agree that either Credit Union or you can initiate arbitration as described in this section.

Arbitration means an impartial third party will hear the dispute between Credit Union and you and provide a decision. Binding arbitration means the decision of the arbitrator is final and enforceable. A “dispute” is any unresolved disagreement between Credit Union and you. A “dispute” may also include a disagreement about this Arbitration Agreement’s meaning, application, or enforcement.

Except as stated in “No waiver of self-help or provisional remedies” below, Credit Union and you agree, at Credit Union’s or your request, to submit to binding arbitration all claims, disputes, and controversies between or among Credit Union and you (and their respective employees, officers, directors, attorneys, and other agents), whether in tort, contract or otherwise arising out of or relating in any way to your account(s) and/or service(s), and their negotiation, execution, administration, modification, substitution, formation, inducement, enforcement, default, or termination (each, a “dispute”). DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CREDIT UNION AND YOU EACH IRREVOCABLY AND VOLUNTARILY WAIVE THE RIGHT EACH MAY HAVE TO A TRIAL BY JURY FOR ANY DISPUTE ARBITRATED UNDER THIS AGREEMENT.

Aside from self-help remedies, this Arbitration Agreement has only one exception: Either Credit Union or you may still take any dispute to small claims court. Any matter subject to the jurisdictional limits of any applicable small claims court is not subject to arbitration.

Arbitration is beneficial because it provides a legally binding decision in a more streamlined, cost-effective manner than a typical court case. But, the benefit of arbitration is diminished if either Credit Union or you refuse to submit to arbitration following a lawful demand. Thus, the party that does not agree to submit to arbitration after a lawful demand by the other party must pay all of the other party’s costs and expenses for compelling arbitration.

Class Action or Representative Suit Not Permitted

Credit Union and you agree that the resolution of any dispute arising pursuant to the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class. Neither Credit Union nor you will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.

Applicable Rules. Credit Union and you each agree that the arbitration will:

 

• Proceed in a location mutually agreeable to Credit Union and you, or if the parties cannot agree, in a location selected by the American Arbitration Association (AAA) in the state whose laws govern your account
• Be governed by the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision in any of the documents between Credit Union and you
• Be conducted by the AAA, or such other administrator as Credit Union and you will mutually agree upon, in accordance with the AAA’s commercial dispute resolution procedures, unless the claim or counterclaim is at least

$1,000,000 exclusive of claimed interest, arbitration fees and costs in which case the arbitration will be conducted in accordance with the AAA’s optional procedures for large, complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial disputes to be referred to, as applicable, as the “rules”)

If there is any inconsistency between the terms hereof and any such rules, the terms and procedures set forth herein will control. Any party who fails or refuses to submit to arbitration following a lawful demand by any other party will bear all costs and expenses incurred by such other party in compelling arbitration of any dispute. Nothing contained herein will be deemed to be a waiver by Credit Union of the protections afforded to it under applicable laws.

GENERAL PROVISIONS FOR BOTH CONSUMER AND BUSINESS RELATIONSHIPS—RESOLVING DISPUTES THROUGH ARBITRATION

Scope of Arbitration Coverage

Under the terms of these Arbitration Provisions, and except as set forth above, Claims (as defined below) will be resolved by individual (and not class- wide) binding arbitration in accordance with the terms specified herein, if you or we elect it. These provisions shall apply to any claim arising or relating to any Claim existing now or in the future and shall apply to existing and future accounts, loans and other Credit Union services.

“Claim.” For purposes of this Arbitration Provision, the word “claim” means any dispute associated with or arising from any one or more savings, checking or other accounts you have with us and the features and services provided in connection with it or them. Claim also includes collectively and separately, any services associated with any account. Further, “claim” shall include any loan or lending relationship with us as a borrower, co-borrower, guarantor, owner of collateral or third-party pledgor. A loan or lending relationship shall include any products or services obtained in connection with or arising from the lending relationship.

All statutes of limitation applicable to any dispute apply to any arbitration between you and the Credit Union. The provisions of this arbitration agreement shall survive termination or amendment of the account/services relationships or any other relationships between you and the Credit Union.

No Waiver of Self-Help or Provisional Remedies

This arbitration requirement does not limit the rights of Credit Union or you to: 1) preserve or obtain possession of property; 2) exercise self-help remedies, including set-off, or 3) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of either party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed above.

Arbitrator’s Qualifications and Power

Any dispute in which the amount in controversy is $5,000,000 or less will be decided by a single arbitrator selected according to the rules, and who will not render an award of greater than $5,000,000. Any dispute in which the amount in controversy exceeds $5,000,000 will be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. Each arbitrator will be a neutral attorney licensed in the state whose laws govern your account, or a neutral, retired judge in such state, in either case with a minimum of ten years’ experience in the substantive law applicable to the subject matter of the dispute to be arbitrated. The arbitrator(s) will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim.

In any arbitration proceeding the arbitrator(s) will decide (by documents only or with a hearing at the discretion of the arbitrator(s)) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator(s) will resolve all disputes in accordance with the substantive law of the state whose laws govern your account and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator(s) will also have the power to award recovery of all costs and fees, to impose sanctions, and to take such other action as deemed necessary to the same extent a judge could pursuant to the federal rules of civil procedure, the state rules of civil procedure for the state whose laws govern your account, or other applicable law. Judgment upon

the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy will not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.

Discovery

In any arbitration proceeding, discovery will be permitted in accordance with the rules. All discovery will be expressly limited to matters directly relevant to the dispute being arbitrated and must be completed no later than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party’s presentation and that no alternative means for obtaining information is available.

Fees and Expenses

The arbitrator will award all costs and expenses of the arbitration proceeding.

Additional Rules for an Arbitration Proceeding

To the maximum extent practicable, the AAA, the arbitrator(s), Credit Union and you will take all action required to conclude any arbitration proceeding within 180 days of the filing of the dispute with the AAA. The arbitrator(s), Credit Union or you may not disclose the existence, content, or results thereof, except for disclosures of information by Credit Union or you required in the ordinary course of business, by applicable law or regulation, or to the extent necessary to exercise any judicial review rights set forth herein. If more than one agreement for arbitration by or between Credit Union and you potentially applies to a dispute, the arbitration agreement most directly related to your account or the subject matter of the dispute will control. This arbitration agreement will survive the closing of your account or termination of any service or the relationship between Credit Union and you.

The Right to Pursue Claims in Small Claims Court

Notwithstanding anything to the contrary, Credit Union and you each retains the right to pursue in small claims court a dispute within that court’s jurisdiction. Further, this arbitration agreement will apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the small claims court.

Arbitration Location

Any arbitration will be held in the location of the Credit Union’s principal offices as explained in the section below “Laws governing your account” and the Rate Addendum and Personal or Business Account Fee Schedule which is an integral part of this Agreement.

Applicable Rules

Credit Union and you each agree that:

• The American Arbitration Association (AAA) will administer each arbitration and the selection of arbitrators according to the AAA’s Consumer Arbitration Rules (AAA Rules)
• If there are any differences between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement If this Arbitration Agreement is in dispute, the arbitrator will decide whether it is enforceable
• Credit Union and you are participating in commercial transactions involving the movement of money or goods among states
• The Federal Arbitration Act (Title 9 of the United States Code) governs this Arbitration Agreement and any arbitration between Credit Union and If the Act or any part of it is inapplicable, unenforceable or invalid, the state laws governing your relationship with Credit Union govern this Arbitration Agreement

Either Credit Union or you may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has previously begun. For information on initiating arbitration, contact the AAA at 1-800-778-7879.

Fees and expenses

The Credit Union will pay any costs that are required to be paid by us under the arbitration administrator’s rules and procedures, and subject to applicable law. If the arbitrator rules in your favor on any claim presented, we will reimburse you for arbitration filing fees you have paid up to $700.00. Please check with the arbitration administrator to determine the fees applicable to any arbitration you file.

Applying State Law

The laws governing your account may limit the amount of fees and expenses you are required to pay in arbitration. Your arbitration fees and expenses will not exceed any applicable limits.

Paying for Attorney/Expert/Witness Fees

Unless applicable laws state otherwise, each party will pay its own attorney, expert, and witness fees. This rule applies no matter which party wins arbitration.

Arbitration Location

Any arbitration will be held in the location of the Credit Union’s principal offices as explained in the section below “Laws governing your account” and the Rate Addendum and Personal or Business Account Fee Schedule which is an integral part of this Agreement.

ADDITIONAL TERMS AND SERVICES

Laws Governing Your Account

This Agreement and your and our rights and obligations under this Agreement and any other relationships to which this Agreement applies, are governed and interpreted according to federal law and the law of the state where your account is located. If you are not sure where your account is located, please refer to the Rate Addendum and Personal or Business Account Fee Schedule, which is a part of this Agreement. Generally, your account is located in the State of the Credit Union’s principal office. We reserve the right to transfer your account to another location in another state, which will be noted in the Rate Addendum and Personal or Business Account Fee Schedule or any amendments provided to you. If state law and federal law are inconsistent, or if state law is preempted by federal law, federal law governs in all respects. Our website and the electronic services that we provide (excluding linked sites) are controlled by the Credit Union from its principal offices noted in this Agreement. While you may choose to access our website and electronic services from other locations, we make no representation that any information, materials, or functions included in our website or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own initiative; and you are solely responsible for compliance with any applicable local laws and regulations. Section headings in this Agreement are for convenience of reference only. If any law or judicial ruling renders any term or condition of this Agreement unenforceable, the remaining terms and conditions shall remain in full force and effect. We reserve the right to waive enforcement of any of the terms set forth in this Agreement regarding any transaction or series of transactions. Any such waiver will not affect our right to enforce any of our rights with respect to any owner, user or other applicable person/party; or to enforce any of our rights with respect to other transactions. Any such waiver shall not modify the terms and conditions of this Agreement.

Controlling Language

English is the controlling language of our relationship with you, including the terms of this Agreement. Items you write such as checks or withdrawal slips must be written in English. For your convenience, we may, but are not obligated to (unless required by law), translate some forms, disclosures, and advertisements into another language, but if there’s a discrepancy, the English version prevails over the translation.

Order of Precedence Between Agreements

If a service we offer has a separate agreement, and there’s a conflict between the terms of this Agreement and the separate agreement, the conflicting terms of the separate agreement will apply.

Legal Process

Legal process includes any levy, garnishment or attachment, tax levy or withholding order, injunction, restraining order, subpoena, search warrant, government agency request for information, forfeiture or seizure, and other legal process relating to your account. We may accept and act on any legal process we believe to be valid regardless of how and where it is served, including if process is served in locations, states, or jurisdictions other than where the account was opened or where the account, property, or records are located. We may, but are not required to, provide notice of legal process relating to your accounts. We may comply with legal process even though it affects the interests of only one owner or authorized signer of a joint account.

Any fees, expenses (including attorney’s fees and expenses), or losses we incur as a result of responding to legal process related to your account are your responsibility. We may charge these costs to you or any account you maintain with us.

Legal Dispute Location

Any lawsuit, claim, or other proceeding arising from or relating to your account or this Agreement, will take place exclusively in the state or federal courts in the listed above or in the Rate Addendum and Personal or Business Account Fee Schedule, without regard to conflict of laws principles. This includes enforcement of the Arbitration Agreement and entry of judgment on any arbitration award. The location for venue and jurisdiction shall be the location of the Credit Union’s principal offices where your account is maintained as explained in this Agreement.

Changes to this Agreement

We may change the terms of this Agreement, including account fees and features, at any time by adding new terms or conditions, or by modifying or deleting existing ones. Changes to any account or account service requested by any member or account owner can only be made with the express consent of the Credit Union. The Credit Union, in its sole discretion, may: (1) change or modify any term or condition of this Agreement, including the method for determining dividends; (2) we may add new terms, conditions and requirements that we deem necessary or in the Credit Union’s best interests; and (3) we may make operational changes. We may make all such amendments or changes as described at any time without notice except as expressly required by applicable law, and any change in the Agreement shall be effective at the earliest time allowed by applicable law. If applicable laws provide no express time period, then notice 10-days or more in advance of the effective date of any change shall be deemed sufficient. We may agree in writing to waive a term of this Agreement, including a fee, and we may revoke any waiver.

Modification of Invalid Terms

Any term of this Agreement that is inconsistent with the laws governing your account will be excluded to the extent of such invalidity. The invalid term will be considered modified by us and applied in a manner consistent with such laws. Such modification won’t affect the enforceability or validity of the remaining terms of this Agreement.

Responsibilities and Liabilities Between Credit Union and You

We’re responsible for exercising ordinary care and complying with this Agreement. When we take an item for processing by automated means, ordinary care does not require us to examine the item. In all other cases, ordinary care requires only that we follow standards that don’t vary unreasonably from the general standards followed by similarly situated financial institutions.

Except to the extent we fail to exercise ordinary care or to comply with this Agreement, you agree to indemnify and hold us harmless from all claims, demands, losses, liabilities, judgments, and expenses (including attorney’s fees and expenses) arising out of or in any way connected with our performance under this Agreement. This indemnification will survive termination of this Agreement.

We won’t be liable for anything we do when following your instructions. In addition, we won’t be liable if we don’t follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. In no event will either Credit Union or you be liable to the other for any special, consequential, indirect, or punitive damages. The limitation doesn’t apply where the laws governing your account prohibit it. We won’t have any liability to you if your account does not have sufficient available funds to pay your items due to actions we have taken in accordance with this Agreement.

Circumstances beyond your control or ours may arise and make it impossible for us to provide services to you or for you to perform your duties under this Agreement. If this happens, neither Credit Union nor you will be in breach of this Agreement. If we waive a right with respect to your account on one or more occasions, it does not mean we’re obligated to waive the same right on any other occasion.

Your Obligation to Pay Our Fees

We’re permitted to either directly debit your account or bill you for our fees, expenses and taxes incurred in connection with your account and any service. If the available funds in your account are not sufficient to cover the debit, we may create an overdraft on your account.

Virtual Currency

We do not accept accounts transacting in any type of virtual currency (crypto- currency) services or transactions. We do not accept any type of virtual currency for loan payments or for payment of any other obligations to the Credit Union. Prohibited transactions include but are not limited to: (i) wires (incoming/ outgoing) (ii) ACH transactions (incoming/outgoing) (iii) privately owned ATMs dealing specifically with crypto-currency (iv) credit or debit card transactions. We may not be able to monitor or limit such transactions and you agree we have no responsibility to detect, block, or limit your transactions in virtual currencies should you choose to engage in such activity despite these prohibitions.

Monitoring

We monitor all members and transactions. If prohibited activity, suspicious activity and/or unsatisfactory account handling is detected, we will review the account and take action either by limiting services or closing the account.

Right to Reject, Delay or Suspend

We will not be obligated to honor, in whole or in part, (or may delay or suspend) any transaction or instruction which:

• Is not in accordance with any term or condition applicable to the relevant account;
• We reasonably believe may have been requested or issued without proper authority;
• Involves funds subject to a hold, dispute, restriction or legal process which we believe prevents withdrawal;
• We reasonably believe might violate the laws or regulations of the United States or any State, including without limitation, regulations of the Office of Foreign Asset Control (OFAC);
• Would violate any applicable provision of any risk control program of any state or federal agency or authority;
• Is not in accordance with any other requirement of our applicable policies, procedures or practices; or,
• We reasonably decline to honor for your or our protection

 

You agree that any such action allowed above is a permissible under the terms of this Agreement and all laws and regulations applicable to the availability of funds held in deposit accounts and otherwise.

Natural Disasters, Pandemics or Significant Health Concerns and Other Acts of God

Force Majeure: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental declarations, acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall NOT include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. This clause shall continue to apply for a reasonable period of time after the cause addressed above has subsided sufficient to allow resumption of services.

Official Health Guidance: All Credit Union offices reserve the right to follow/implement official health guidance issued by governmental entities and/or health organizations which may include but are not limited to: Closure of Credit Union Offices; Social Distancing; Requiring the use of Personal Protective Equipment (masks, gloves, clear eye coverings or other requirements). These requirements may vary from office to office; and may change from time to time.

Face Masks/Covering: For security reasons all face masks or other coverings are prohibited unless medically required. If a mask is medically required, members/ non-members, contractors and staff, will be asked to temporarily remove it before assistance may be provided and completing a transaction for proper identification. We will also consider any requests for special appointments where your identity can be verified before entering Credit Union property.

Sharing Information with Other Persons, Co-Borrowers, Co-Signers/ Guarantors, Owners of Collateral Pledged and Others

You hereby consent and agree that we may share any information regarding your obligations with us or collateral pledged to secure any obligations you owe to the Credit Union with the persons listed in this subsection if we receive a request which we in good faith believe to be related to any such obligations, refinancings, sales, trades, transfers, exchange or transactions. Also, you consent and agree that we may provide pay-off or payment information to persons or entities who seek to make payments on your behalf, including potential “pay-offs”. This may include account numbers and information necessary to process payments.

Access to Third Parties: When you give another party access to your accounts or account information you understand and agree that we have no liability or obligation for any errors, claims or losses of any type of nature whatsoever relating to any transactions initiated as a result of your relationship with that third party, including any claims or losses that may arise from any access to your accounts or personal information.

Third Parties: To expedite the matters herein for your benefit, you agree that we can rely on the representations made to us by a third party, and our duties to you hereunder do not require us to investigate or document a request for such information.

“E-Mail” and Facsimile Communications / Consent to Communications By Email You acknowledge and agree that the Internet is considered inherently insecure. Therefore, should you undertake to communicate with us via general email, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to an e-mail at either the address provided with the communication, the e-mail address in your Membership Application or any other application or written communication actually received by us. Any account owner, co-borrower, or authorized user may change the e-mail address for notices, statements or other information provided by us at any time. The Credit Union may not immediately receive

e-mail communications that you send. Although we may use general email as provided herein, we reserve the right to require any notices from you be submitted to us in writing; and we may refuse to send certain information through unsecured e-mail communications. You agree and consent that we may provide to you any communication, documentation or information required by applicable laws or which we deem necessary or appropriate, which is not expressly subject to both consent and verification pursuant to laws such as the E-Signatures Act.

Powers of Attorney

You agree that regardless of any laws, rules or regulations we may in our sole discretion refuse to honor or accept a power of attorney to open, close, deposit, or make transactions on any account or to supply endorsements on checks or any other items or to take any other action with respect to an account, loan or other service. The Credit Union may allow a third person acting as your attorney- in-fact to make transactions regarding your account(s) or conduct other business on your behalf without any liability to you, pursuant to a Power of Attorney, but have no obligation to do so. You agree that we have no obligation to verify the scope, authenticity, and validity of any Power of Attorney presented to us. If we accept the Power of Attorney, the Credit Union has no duty to inquire as to the use or purpose of any transaction(s) by your attorney-in-fact, and may restrict or refuse account access, withdrawals and transactions.

We are within our discretion may not recognize a power of attorney given by one owner of a Joint Account without the consent of the other Joint Account holder(s).

You agree to indemnify and hold the Credit Union harmless for accepting and/ or honoring any power of attorney, or copy thereof, which we accept in good faith and believe to be valid and authorized by you.

Costs, Expenses and Attorneys’ Fees

All owners of account(s) or service(s) with us agree, jointly and severally, to pay us for all costs and expenses, including attorneys’ fees we may incur: (1) If it is necessary for us to bring any legal or other action to collect any sum you owe the Credit Union; (2) If we incur any costs or expense as a result of any order or instruction received from any owner or any owner’s agent under this Agreement, any adverse claim, legal process; your failure to comply with any obligation in this Membership Agreement or otherwise; (3) If we incur any expense as a result of any dispute, adverse or inconsistent claims; (4) If we bring any action contemplated in this Agreement; (5) If we successfully defend any claim against the Credit Union brought by any owner, agent, personal representative, executor, heir or other party in interest brought via any formal or informal process (including but not limited to arbitration or mediation) involving your accounts or services with us; or (6) If we deem it necessary to seek the advice or opinion of legal counsel or other professionals regarding the bona fides or legality of any transaction(s) to/from your accounts or involving any services with us, or any request for information or documentation regarding any of your accounts and/or services with us. If you are responsible to pay us any costs of collection or legal expenses incurred in collecting any amount you owe; in enforcing or protecting our rights under this Agreement or otherwise; or as provided in this subsection, including but not limited to costs of repossession, repair, appraisal, and all other costs or expenses, you

agree to pay us the actual amount of such costs and expenses together with reasonable attorneys’ fees. In the case of any collection action, you agree that 20% of the unpaid balance or such greater sum as may be appropriate based on the circumstances shall be a reasonable amount, unless applicable law specifically provides otherwise. Further, you agree to pay the Credit Union an additional sum for any costs, legal expenses or attorneys’ fees incurred in any appellate, bankruptcy or post-judgment proceedings, except as limited or prohibited by applicable law. Any costs, expenses or fees hereunder will be paid from any of your account(s) with the Credit Union before payment to any owner or other party. If the amounts in your account(s) are not sufficient, then

the owner(s) of the affected account(s) or parties to any applicable services will immediately pay any difference.

Telephone Requests; Recording Data/Communications and Consent to Communications from the Credit Union

You agree that funds in any account(s) with us can be transferred, upon the telephone request of any signer on the account, to another account with us or to any other financial institution. Furthermore, we reserve the right to refuse to execute any telephone request or other order. You consent that any communications by any means with us or our affiliates may be monitored and recorded. When you access any services, we offer/provide including online and mobile banking to conduct transactions, the information you enter may also be recorded. By providing telephone number(s) to us, now or at any later time, you authorize us and our affiliates and designees to contact you regarding your account(s) with the Credit Union and its affiliates at such numbers using any means, including but not limited to placing calls using an automated dialing system to cell, VoIP or other wireless phone number, or by sending prerecorded messages or text messages, even if charges may be incurred for the calls or text messages.

Use of Biometrics / Fingerprints

The Credit Union or various apps you may choose to use may provide access to your accounts and services through the use of fingerprints or other biometrics. You agree to the use of such biometrics, and will cooperate with the Credit Union in implementing any requirements we or the third party may require associated with this technology. Biometric technologies may be used for authentication. A biometric identifier measures an individual’s unique physical characteristics and compares it to a stored digital template for authentication. A physical characteristic can be a thumbprint, fingerprint, facial recognition or iris pattern. A biometric identifier can be used as a single or multifactor process. We may require the use of biometrics and/or fingerprinting with regard to any service we offer; and any refusal to cooperate with such use shall allow us to refuse to make any transaction, including but not limited to cashing any on-us item presented by any holder.

Important Notice on Biometrics: When you enable biometric access every person with an enrolled fingerprint on your accounts, services or device used to access your accounts and services will have access to your accounts and services, and may access your accounts, view your information, conduct transactions on your behalf, and has your authority to engage in these activities. Enrolled biometrics expand the number of persons who have access to your account regardless of the signers listed on your account agreement with us. CREDIT UNION ADVISES YOU TO REVIEW AND CONFIRM THAT ALL REGISTERED BIOMETRICS BELONG TO INDIVIDUALS WITH AUTHORITY AS DESCRIBED ABOVE. BY ACTIVATING ACCESS/SERVICES REQUESTED BY YOU THE CREDIT UNION RELIES ON YOUR REPRESENTATION THAT ANYONE WITH A REGISTERED BIOMETRIC HAS PROPER AUTHORITY TO ACCESS AND USE YOUR ACCOUNTS AND ASSOCIATED ACCOUNT INFORMATION.