Remote Deposit Capture (RDC) User Agreement

Remote Deposit Capture End-User License Agreement: "EULA" 

Remote Deposit Capture (RDC) User Agreement Additional Disclosures

This Agreement contains the terms and conditions for the use of eDOCMobile remote deposit capture services ("Services") provided to credit union members ("you", "your", or "User"), by your credit union, ("credit union") through its affiliate eDOC Innovations, ("eDOC", "us," or "we"). Other agreements you have entered into with your credit union, including and depository or disclosure agreements governing your credit union are incorporated by reference and made a part of this Agreement.

1. Services.

The remote deposit capture services ("Services") are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning or taking pictures of checks and delivering the images and associated deposit information to your credit union or your credit union's designated processor. There is currently no charge for the Services.

2. Acceptance of these Terms.

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or in your mobile deposit application, or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, your credit union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

3. Limitations of Service.

When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

4. Ownership & License.

eDOC grants you a non-exclusive, non-transferable license to use the Software program, including any documentation files accompanying the Software ("Documentation"), provided that: (i) the Software and Documentation shall be used only by you, only for your own internal or personal use only and not in the operation of a service bureau or for the benefit of any other person or entity. The original, and any copies of the Software, in whole or in part, which are made hereunder shall be the property of eDOC or its Licensor; (ii) this EULA and the License and the Software to which it applies may not be assigned, sub-licensed, or otherwise transferred. No right to print or copy the Software, in whole or in part, is granted except as expressly provided in this EULA; (iii) all copyright notices are maintained on the Software; (iv) eDOC retains the right to audit the use of the Software or may assign that right to a beneficiary of this EULA; (v) this EULA excludes the application of the Uniform Computer Information Transactions Act; (vi) any code in the Software developed by a third party shall be subject to the terms of this EULA; and (vii) you agree to be bound by the terms of this EULA.

You have no ownership rights in the Software. Rather, all aspects of the Software, including without limitation, programs, object code, source code, documentation and methods of processing shall remain the sole and exclusive property of eDOC and shall not be sold, revealed, disclosed, distributed or otherwise communicated, directly or indirectly, by you to any person, company or institution whatsoever. It is expressly understood that no title to or ownership of the Software, or any part thereof, is transferred to Customer. You have a license to use the Software as long as this EULA remains in full force and effect and you have complied with all the terms of this EULA and the Master Agreement. Ownership of the Software, Documentation and all intellectual property rights therein including, but not limited to any patent, copyright, or trademark rights, shall remain at all times with eDOC. Any other use of the Software not expressly permitted herein by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this EULA.

The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by eDOC. You may not remove any proprietary notice of eDOC from any copy of the Software or Documentation.

You may not sublicense, transfer, assign, sell, publish, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, modify, translate, adapt, or disassemble the Software, nor shall you attempt to discover the source code from the object code for the Software.

You acknowledge that the Software is proprietary to and a valuable trade secret of eDOC. The Software, Documentation and related formulas, methods, know-how, processes, designs, new products, marketing requirements, marketing plans, are all confidential and proprietary to eDOC. You may not use, copy, or transfer copies of the Software.

THIS EULA IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF eDOC AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. THIRD PARTY BENEFICIARIES OF THIS EULA INCLUDE ORACLE CORPORATION.

5. DISCLAIMER OF WARRANTIES.

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

6. LIMITATION OF LIABILITY.

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

7. User warranties and indemnification.

You warrant to your credit union that:

• You will only transmit eligible items.

• Images will meet the image quality standards.

• You will not transmit duplicate items.

• You will not deposit or represent the original item.

• All information you provide to your credit union is accurate and true.

• You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless your credit union from any loss for breach of this warranty provision.

8. Other terms.

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

eDOC Innovations, Inc., 2016. All Rights Reserved. The Requesting Party outlined in this agreement is our customer. The use of eDOCMobile by the Requesting Party is solely the responsibility of the Requesting Party. For questions related to this service, or its use, contact the Requesting Party for information. eDOC Innovations makes no warranties, implied or otherwise expressed, on the merchantability of this system.

---

Additional Disclosures

1. Eligible items.

You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC "Reg CC"). You agree that the image of the check transmitted to your credit union shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Vermont. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:

• Checks or items payable to any person or entity other than you.

• Checks or items 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.

• Checks or items containing 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.

• Checks or items previously converted to a substitute check, as defined in Reg CC.

• Checks or items drawn on a financial institution located outside the United States.

• Checks or items that are remotely created checks, as defined in Reg CC.

• Checks or items not payable in United States currency.

• Checks or items dated more than 6 months prior to the date of deposit.

• Checks or items prohibited by your credit unions current procedures relating to the Services or which are otherwise not acceptable under the terms of your credit union account.

2. Image Quality.

The image of an item transmitted to your credit union using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, NCUA or any other regulatory agency, clearing house or association.

3. Endorsements and Procedures.

You agree to restrictively endorse any item transmitted through the Services as "For Mobile Deposit Only Blue Water Federal Credit Union” or as otherwise instructed by your credit union. You agree to follow all other procedures and instructions for use of the Services as your credit union may establish from time to time.

4. Receipt of Items.

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from your credit union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

5. Availability of Funds.

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Your credit union will hold the funds for up to seven business days from the date of deposit. In some instances, funds may be available sooner than seven business days based on such factors as credit worthiness, the length and extent of your relationship with your credit union and its affiliates, transaction and experience history, and such other factors as your credit union, in its sole discretion, deems relevant. Generally, if the funds from your deposit will be available later than the time shown above, your credit union will mail or deliver the notice as soon as practicable, but no later than the first business day following the day the facts become known to the depositary bank, or the deposit is made, whichever is later.

6. Disposal of Transmitted Items.

Upon your receipt of a confirmation from your credit union that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID" and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to your credit union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for your credit unions audit purposes.

7. Deposit Limits.

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

8. Hardware and Software.

To use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by your credit union from time to time. See your credit union.com for current hardware and software specifications. Your credit union is not responsible for any third-party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter directly with the third- party software provider at time of download and installation.

9. Errors.

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

10. Presentment.

The manner-in-which the items are cleared, presented for payment, and collected shall be in Your credit union sole discretion subject to the Depository Agreement and Disclosures governing your account.