Lake Michigan Credit Union
Online and Mobile Banking Agreement and Disclosure
If we approve your request for the Online Banking and Bill Payment service, you may use your personal computer to access your accounts through the Internet. You must use your access code along with your account number to access your accounts. The Online Banking service is accessible seven (7) days a week, 24 hours a day. You will need a personal computer and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your computer. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer.
This Agreement is in addition to other agreements between you and us, and our third-party providers, as well as any disclosures provided to you. The terms of those other agreements and documents shall remain in affect notwithstanding any provision in this Agreement to the contrary. In the event of a conflict between this Agreement and any of the other referenced documents, this Agreement shall control. By enrolling in Home Banking, Mobile Banking, and/or Bill Payment, you agree to all terms and conditions contained in this Agreement. From time to time, we may offer additional services and features. Any added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the feature or service, as applicable.
This Online and Mobile Banking Agreement and Disclosure (“Agreement”) is the contract that covers your and our rights and responsibilities concerning the online and mobile banking services offered to you by Lake Michigan Credit Union. The online and mobile banking service permits you to electronically initiate account transactions and bill payments involving your accounts and communicate with the Credit Union. This Agreement shall be an addendum to the existing Electronic Funds Transfer Agreement that you received upon opening your account with Lake Michigan Credit Union, which you may access at www.lmcu.org key word “membership agreement.”
In this Agreement, the word "Account(s)" means your eligible Lake Michigan Credit Union checking, savings, loan, certificate of deposit or safe deposit box information and other Lake Michigan products that can be accessed through Online Banking. The words "you" and "your" refers to each member who requests and uses the Online Banking and/or Mobile Banking service, any other owners of accounts accessed under this Agreement, and/or any authorized users of such services. The words “Credit Union”, "we," "us," and "our" mean Lake Michigan Credit Union. By requesting and using the Online and/or Mobile Banking services, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments thereto.
This Agreement is in addition to other agreements between you and us, and our third-party providers, as well as any disclosures provided to you. The terms of those other agreements and documents shall remain in affect notwithstanding any provision in this Agreement to the contrary. In the event of a conflict between this Agreement and any of the other referenced documents, this Agreement shall control. By enrolling in and/or using our Online and/or Mobile Banking service, you agree to all terms and conditions contained in this Agreement. From time to time, we may offer additional services and features. Any added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the feature or service, as applicable.
If you would like a paper copy of this Agreement sent to you, please contact us at 1.800.242.9790. In the event you experience a problem with an identification number or password, or believe information regarding your accounts or access to your accounts has been lost, stolen, or in any way compromised, please contact us at the number indicated above.
If we approve your request for the Online Banking service, you may use your personal computer or mobile device to access your accounts through the Internet. The Online Banking service is accessible seven (7) days a week, 24 hours a day unless an emergency exists or scheduled system maintenance is being performed. In the event the system will not be available for any extended period of time, a notice will be posted on our website informing you of such unavailability. We reserve the right and you agree that the Credit Union may limit, suspend, or terminate your access to Online Banking at any time for any reason.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, Internet access, and mobile devices necessary to access Online Banking. You will be notified of system and modem specifications. We will not be responsible for any errors or losses resulting from the malfunction of your hardware, software, mobile devices, or any Internet or mobile Service Provider, or for your failure to utilize hardware or other equipment that fails to meet the stated system and modem specifications, as may be amended from time to time.
You must use your access code along with your account number to access your accounts. You hereby agree to use the methods we require for you to utilize to access the systems. These methods we require may be used with other identifying information to identify and verify you and anyone you have authorized to access the systems. You agree that the Credit Union is authorized to act and may act on instructions we receive under the agreed upon identification and verification method. You accept total responsibility for your account, member number, personal identification number (PIN), User ID and/or any other access code, password, or other means of identification we may provide to you. You agree to keep such information confidential and secure, and to follow all provisions of this Agreement related to security. You further agree to immediately notify us immediately if you believe your Online Banking access information may have become known to an unauthorized person. We may suspend or cancel your Online Banking access even without receiving such a notice from you if we suspect your access information is being used in an unauthorized or fraudulent manner.
Types of Transactions
At the present time, you may use the Online Banking service to do any of the following:
• Change your password
• Obtain account information related to any of your savings and loan accounts regarding current balance, checking history, savings dividends and rates, loan interest and payoff amounts, payroll and automatic deductions.
• Make transfers to and/or from your Shares, Share Drafts, or Loans or such accounts you are authorized to access
• Request advances on your personal or home equity line of credit loans and deposit the proceeds in any of your accounts
• Make loan payments from any savings or checking account to any of your loan accounts
• Issue third-party payable checks under Bill Payment Service.
Note that transactions involving your deposit accounts, including checking account stop payment requests, will be subject to the terms of your Membership and Account Agreement and Disclosures, as applicable. Transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.
The following limitations on Online Banking transactions may apply in using the services listed above:
Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your Savings or Money Market Accounts will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
E-Mail. We may not immediately receive E-mail communications that you send and we will not take action based on E-mail requests until we actually receive your message and have had a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call us at 1.800.242.9790.
Bill Payment. Please refer to the Bill Payment Agreement available at when you sign up to use this service.
Inappropriate Transactions. You warrant and agree that you will not use any Online Banking or any other Credit Union accounts or services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law. You agree that any such use will constitute a breach of this Agreement. Certain federal and/or state laws or card service providers’ rules may limit or prohibit certain transactions, including, but not limited to, those coded as possible gambling transactions. We may decline to accept, process, or pay any transaction that we believe to be illegal or unenforceable under applicable law or which is otherwise limited or prohibited, including, but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union’s control and that we 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. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.
Fees and Charges
You agree to pay all fees and charges for use of Online Banking as listed in the current fee schedule. You authorize us to deduct such fees from your account. These fees are in addition to any regular transaction fees that may be in effect for accounts you access through Online Banking. Under no circumstances will we be responsible for telephone fees, wireless carrier fees or Internet Service Provider fees you incur to access Online Banking. In addition, an NSF fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
By registering a mobile phone number with us, you are certifying that you are the account holder for the mobile phone account or have the account holder’s permission to register the number. Message and data rates may apply.
Transfers, withdrawals, and Bill Payments transacted through Online Banking will be recorded on your periodic statement. You may also elect to receive your periodic statements electronically. If provided electronically, you will be sent a notice via e-mail that will direct you to a site where you may access, review, print and otherwise copy or download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any owner.
Mobile Banking is offered as a convenience and is a supplemental service to our Online Banking Service. Mobile Banking is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. To utilize Mobile Banking, you must have a supportable mobile device, such as a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic, which is also capable of receiving text messages (“Device”). Your wireless carrier may assess you fees for data or text messaging services. When you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking. You agree to be solely responsible for all such fees, limitations and restrictions. Please consult your wireless plan or provider for details.
Mobile Banking is accessible seven (7) days a week, 24 hours a day unless an emergency exists or scheduled system maintenance is being performed. In the event the system will not be available for any extended period of time, a notice will be posted on our website informing you of such unavailability. We reserve the right and you agree that the Credit Union may limit, suspend, or terminate your access to Mobile Banking at any time for any reason.
To utilize the Mobile Banking, you must first enroll to use Online Banking and then activate your Device within the Online Banking system. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions, and agree that you will contact us directly if you have any problems with Mobile Banking. We reserve the right to modify the Mobile Banking Service from time to time our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the Mobile Banking Service as modified. You are also responsible for the proper use of your Device, and you agree that we are not liable to you for any losses caused by your failure to properly use Mobile Banking or your Device.
Types of Transactions
Mobile Banking allows you to access your Credit Union account information, make payments to payees, transfer funds and conduct other banking transactions. You may use Mobile Banking to transfer funds between your eligible Credit Union accounts (an “Internal Transfer”). However, you may not use Mobile Banking to transfer funds to or from an account at another financial institution.
If you submit your transfer request prior to the deadline established by us, you will initiate an immediate Internal Transfer via Mobile Banking Transfer transaction requests received after 8:00 p.m. Eastern Standard Time as observed in Grand Rapids, Michigan on business days, and all transactions that are requested on Saturdays, Sundays, or holidays on which the Credit Union chooses to remain closed, will be processed by the Credit Union on the next business day.
You must have sufficient available funds in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer, and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount, together with any applicable fees. You agree to confirm the completion of each transfer in your Account balance and transaction history before withdrawing transferred funds.
Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your Savings or Money Market Accounts will be limited to a total of six (6) in any one month. Each transfer from a Savings or Money Market account using Mobile Banking is counted as one of the six (6) limited transactions permitted each monthly statement cycle period. You may be subject to fees or account conversion if you exceed the transactions limits of your Account. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may also limit the type, frequency and amount of transfers for security purposes, and we may change or impose such limits without notice, at our option.
Inappropriate Transactions. You warrant and agree that you will not use Mobile Banking to make or facilitate any illegal transaction(s) as determined by applicable law. You agree that any such use will constitute a breach of this Agreement. Certain federal and/or state laws or card service providers’ rules may limit or prohibit certain transactions, including, but not limited to, those coded as possible gambling transactions. We may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable under applicable law, or which is otherwise limited or prohibited, including, but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union’s control and that we 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. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.
Accessibility. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. The Credit Union cannot guarantee and is not responsible for the availability of data services provided by your wireless carrier, such as data outages or out of range issues.
The remote deposit capture service ("Mobile Deposit") is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile Device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Credit Union or the Credit Union's designated processor. Your Device must capture an image of the front and back of each check to be deposited in accordance with our procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. There is no fee unique to Mobile Deposit, however fee provisions of other agreements and disclosures between you and the Credit Union also apply to this Agreement, as applicable. The Credit Union reserves the right to charge fees for Mobile Deposit in the future.
Eligible Items. You agree to scan and deposit only checks (“Check” or “Checks”) as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to the Credit Union shall be deemed an "Item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Michigan (such scanned check image transmitted to the Credit Union for credit to your account, an “Item"). You agree that you will not use Mobile Deposit to scan and deposit Checks or Items that:
• are payable to any person or entity other than you;
• are drawn or otherwise issued by you or any other person on any of your Accounts or any Account on which you are an authorized signer or joint account holder;
• contain obvious alteration to any of the fields on the front of the Check or Item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Check or Item is drawn;
• were previously converted to a substitute check as defined in Reg CC without the Credit Union's prior written consent;
• were previously converted to an image replacement document as defined in Reg CC without the Credit Union's prior written consent;
• are drawn on a financial institution located outside the United States;
• are remotely created checks, as defined in Reg CC;
• are not payable in United States currency;
• are dated more than six (6) months prior to the date of deposit;
• are prohibited by the Credit Union's current procedures relating to the Services (the "Procedures");
• are in violation of any federal or state law, rule, or regulation; or
• are otherwise not acceptable under the terms of your Credit Union Account.
Image Quality. The image of an Item transmitted to the Credit Union using Mobile Deposit must be legible and contain images of the front and back of the Check. The image quality of the Item must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us, or if Mobile Deposit is used by authorized or unauthorized persons to submit fraudulent, unauthorized, in accurate, incorrect or otherwise improper or unusable images to us.
Endorsements and Procedures. You agree to restrictively endorse any Item transmitted through Mobile Deposit as "FOR MOBILE DEPOSIT ONLY, LMCU Account #_____” or as otherwise instructed by the Credit Union. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as the Credit Union may establish from time to time. Endorsements must be made on the back of the Check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a Check payable to you and any joint owner(s) of your Credit Union account, the Check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such Check into a Credit Union account jointly owned by all such payees. If the Check is payable to you or your joint owner, either of you can endorse it. If the Check is made payable to you and any non-joint owner, you may not deposit the Check into your Credit Union Account using Mobile Deposit.
User Warranties. With respect to each and every Check you use to create an image using the Mobile Deposit and every Item you transmit to the Credit Union, you represent and warrant to the Credit Union that:
• you assume responsibility for any Check that is transmitted which for any reason is not paid;
• you are a person entitled to enforce the Check;
• neither the Check nor the Remote Item is counterfeit;
• neither the Check nor the Item has been altered;
• neither the Check nor any image of the Check has been paid;
• no depository Credit Union, drawee, drawer, or endorser will receive presentment or return of, of otherwise be charged for, an item transmitted as an Item, or any Check or Item derived from such Item, such that said person will be asked to make a payment based on an item that it has already paid;
• you shall properly endorse each Check and deposit said Check to an account at Credit you Customer, unless otherwise allowed under this Agreement;
• neither the Check nor the Image is subject to a defense or claim in recoupment that can be asserted against you;
• you have no knowledge of any insolvency proceeding commenced with respect to you or in the case of an unaccepted check, the drawer;
• all information provided by you to the Credit Union is accurate and true;
• files submitted by you to the Credit Union do not contain computer viruses or malware;
• the Item is a digitized image of the front and back of the Check and accurately represents all of the information on the front and back of the Check as of the time you converted the Check to an Item;
• if the Item is being deposited into a Credit Union account designated by the Credit Union as a sole proprietor account, you have retained supporting documentation regarding the Item that shows the Item is payable and authorizes the payee to charge and collect the monies owed;
• the Item contains all endorsements applied by parties that previously handled the Check in any form for forward collection or return;
• each of the Checks were duly authorized in the amount stated on the corresponding Remote Item and to the payee stated on such Item;
• the Credit Union will not suffer any loss as a result of your retention or destruction of the paper originals of Items; and
• you have performed and will perform all of its obligations under this Agreement. You shall be deemed to repeat and reaffirm each of the foregoing representations and warranties at the time any Check and/or Item is delivered to the Credit Union through Mobile Deposit.
Receipt of Items. We reserve the right to reject any Item transmitted through Mobile Deposit, at our sole discretion, without liability to you. We are not responsible for Items we do not receive or for images that are dropped during transmission. An image of an Item shall be deemed received when you receive a confirmation from the Credit Union that we have received the image. Receipt of such confirmation does not mean the transmission was error free or complete. Following receipt of such confirmation, the Credit Union will process the image by preparing a "substitute check" or clearing the item as an image.
Availability of Funds. You agree that items transmitted through Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using Mobile Deposit will be available after the Credit Union receives final payment for the funds submitted. The Credit Union may, but is not required to, make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and other such factors as the Credit Union, in its sole discretion, deems relevant.
Disposal of Transmitted Items. After you receive confirmation that we have received an image, you must securely store the original Check for 14 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your Account. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re-present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original Check that has already been paid.
Returned Deposits. Any credit to your Account for Checks deposited using Mobile Deposit is provisional. If original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee institution, or are rejected or returned by a clearing agent or collecting financial institution, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original Check will not be returned to you, but that we may charge back the amount of the original Check and provide you with an image of the original Check, a paper reproduction of the original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original Check if it has been charged back to you.
Mobile Deposit Security. You agree that you will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 616-242-9790 and with written notice at Lake Michigan Credit Union Attn: MDC Dept. P.O. Box 2848, Grand Rapids, MI 49501 if you learn of any loss or theft of original Checks that have been deposited via Mobile Deposit. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Deposit Limits. At this time amounts over $200.00 will be held for 3 business days and there is a monthly limit of $25,000.00 in deposits received in this manner. We reserve the right to impose additional limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit and to modify such limits from time to time. Unless otherwise specified by the Credit Union, changes to such limits shall be effective immediately upon notice to you via email, the Credit Union's website, or via the Mobile Banking application.
Contingency Plan. In the event you are unable to capture, balance, process, produce or transmit a file to the Credit Union, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all Checks to the closest Credit Union location. The deposit of original Checks at an office of the Credit Union shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
Periodic Statements. Deposits made through Remote Deposit will be recorded on your periodic statement. You may also elect to receive your periodic statements electronically. If provided electronically, you will be sent a notice via e-mail that will direct you to a site where you may access, review, print and otherwise copy or download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any owner.
Your Mobile Banking Responsibilities
Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
User Security. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
Periodic Statements. You will not receive a separate statement regarding deposits you complete by way of Remote Deposit. All transactions will appear on the periodic statement for the Account(s) for which deposits have been made via Remote Deposit. It is your responsibility to promptly examine each periodic statement carefully and reconcile the Account. If there are any discrepancies, errors or other items that you have questions about, you should notify us immediately. Except as expressly provided for elsewhere, you have the responsibility for any fraud loss if you fail to exercise reasonable care in examining the statement and Account information or fail to report discrepancies, errors, forgeries, alterations or other items that you question to the Credit Union within 60 days of the information being made available to you for your review or the date of the periodic statement containing such items, whichever is later.
No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
Fees and Charges
While currently there are no fees or charges assessed by LMCU for use of Mobile Banking, LMCU reserves the right to charge for the service in the future. These fees would be in addition to any regular transaction fees that may be in effect for accounts you access through Mobile Banking. Under no circumstances will we be responsible for telephone fees, wireless carrier fees or Internet Service Provider fees you incur to access Mobile Banking. In addition, an NSF fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
By registering a mobile phone number with us, you are certifying that you are the account holder for the mobile phone account or have the account holder’s permission to register the number. Message and data rates may apply.
General Provisions Applicable to Both Online and Mobile Banking Services
You agree to access the Online Banking service and the Mobile Banking service in accordance with all security procedures as implemented by the Credit Union from time to time, in its sole discretion. The password(s) or access code(s) ("access code") that you select are for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your Accounts. If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of these access codes and we suffer a loss, we may terminate your Online Banking, Mobile Banking, and/or account services immediately. The Credit Union reserves the right to change or alter security procedures as deemed appropriate.
All data transferred to and from the Online Banking and/or Mobile Banking service utilizes encryption technology consistent with industry standards to reasonably protect the security of data transferred and identification technology to verify that the sender and receiver of Online Banking and/or Mobile Banking transmissions can be appropriately identified by each other. Except as otherwise required by law, you understand and agree that we will not be liable for a breach of security in connection with the services offered in this Agreement. We cannot and do not warrant or represent that all data transfers utilizing Online Banking, Mobile Banking, text messaging, or email transmitted to or by us, will not be monitored, intercepted, or read by others.
It is your sole responsibility to assure that your access code is not revealed or otherwise made available to persons not authorized to access your Accounts. You agree to assume all liability for disclosure of your access code to any person(s) or entities, and to assume all responsibility for transactions or other Account activity performed by person(s) or entities other than yourself who have obtained your access code. You also agree to immediately notify us by telephone at 1.800.242.9790 of any unauthorized use of your access code, any access or attempted access, transaction or attempted transaction, other Account activity or attempted account activity, or any other breach of security.
By activating the services provided for under this Agreement or accessing your Accounts via Online Banking and/or Mobile Banking, you represent and agree that you have considered the security procedures contained herein and find that they are commercially reasonable for verifying that a transfer or other communication purporting to have been made by you is in fact yours. In reaching this conclusion you have considered the size, type, and frequency of transfers or other communications that you anticipate issuing through Online Banking and Mobile Banking. If in your judgment these security procedures are not commercially reasonable or circumstances change so that you believe the procedures are no longer commercially reasonable, you must notify us within thirty (30) days.
Liability for Unauthorized Access
You are responsible for all transfers you authorize under this Agreement. If you permit other persons to use the Online Banking service, the Mobile Banking service, or your access code, you are responsible for any transactions they authorize or conduct on any of your Accounts.
You will not receive a separate statement regarding transactions you complete by way of Online Banking and/or Mobile Banking. All transactions will appear on the periodic statement for the account(s) that have been accessed and transactions performed via Online Banking and/or Mobile Banking. It is your responsibility to promptly examine each periodic statement carefully and reconcile the Account. If there are any discrepancies, errors or other items that you have questions about, you should notify us immediately. Except as expressly provided for elsewhere, you have the responsibility for any fraud loss if you fail to exercise reasonable care in examining the statement and account information or fail to report discrepancies, errors, forgeries, alterations or other items that you question to the Credit Union within 60 days of the information being made available to you for your review or the date of the periodic statement containing such items, whichever is later.
If you believe that someone has used your access code or has transferred or may transfer money from your Account without your permission, call the Credit Union at:
or write to us at:
Lake Michigan Credit Union
P.O. Box 2848
Grand Rapids, MI 49501
Account Information Disclosure
• Where it is necessary for completing bill payments;
• In order to comply with government agency or court orders; or
• If you give us your written permission to do so.
For the purposes of processing transactions, we define a business day as our branch hours of operation, subject to any recognized federal holidays and weekends, as disclosed on our website, www.lmcu.org/about/locations.aspx. Any Online Banking and/or Mobile Banking request submitted after 8:00pm ET will be processed on the following business day.
Credit Union Limitation of Liability and Your Indemnification
The Credit Union will not be liable for any of the following:
If, through no fault of ours, you do not have adequate available funds in your Account to complete a transaction, your Account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable;
If you used the wrong access code or you have not properly followed any applicable computer, Device, Internet, or our user instructions for making transactions;
If your computer or other Device fails or malfunctions, or the Online and/or Mobile Banking service was not properly working and such problem should have been apparent when you attempted such transaction;
If circumstances beyond our control prevent making the transaction;
If the funds in your Account are subject to an administrative hold, legal process or other claim;
If you have not given us complete, correct and current instructions so that we can process a transaction;
If the error was caused by a system beyond our, control such as a telecommunication system or your wireless or Internet service provider;
Any other exceptions as may be established by the Credit Union from time to time.
You hereby agree that our officers, directors, employees, contractors, or agents are not liable for any direct, indirect, special, incidental, exemplary, or consequential damages including lost profits, income, revenue or data whether in an action based in contract, tort, or warranty caused by the Credit Union, the Online or Mobile Banking service or the use thereof, or arising out of the installation, use, or maintenance of any products or services subject to this Agreement. Except as specifically set forth in this Agreement you agree that our entire liability and your exclusive remedy shall be amounts paid by you equal to one month of services provided through the Online Banking service.
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the Credit Union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from any and all third party claims, disputes or actions, in connection with your use or misuse of the Online Banking Service and/or Mobile Banking Service.
Credit Union Disclaimer of Warranties
THE ONLINE BANKING AND MOBILE BANKING SERVICES ARE PROVIDED ON AN AS- IS BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE ONLINE OR MOBILE BANKING SERVICE. WE DO NOT WARRANT THAT THE ONLINE OR MOBILE BANKING SERVICE WILL OPERATE WITHOUT ERRORS OR THAT SAID SERVICES WILL BE AVAILABLE FOR USE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. THIS WARRANTY DISCLAIMER EXTENDS TO ANY SERVICE OF ONLINE BANKING AND/OR MOBILE BANKING WHICH INCLUDES, BUT IS NOT LIMITED TO, THE SERVICES LISTED HEREIN AND BILL PAY.
Termination of Online and/or Mobile Banking Services
You agree that we may terminate this Agreement and your use of the Online and/or Mobile Banking Services if you or any authorized user of your Account or access code breaches this or any other agreement with us, or if we have reason to believe that there has been an unauthorized use of your Account, password or access code. We will try to notify you in advance of any such termination, but we are not obligated to do so. You or any other party to your Account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
We may make amendments to this Agreement and any related fees or charges by sending you a notice via E-mail or regular mail sent to the address as it appears in our records. Unless otherwise required by law, we will provide you notice of such changes in a manner we deem reasonable. Any use of the Online Banking Service or Mobile Banking Service after we send you a notice of change shall constitute your acceptance of such change in terms of this Agreement or Electronic Funds Disclosure.
You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your Account without prior notice to you.
This Agreement shall be governed by and construed under the laws of the state of Michigan as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Michigan law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision shall be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.