Sole Proprietorship accounts
If your account is established as a sole proprietorship account, you should know you are the sole owner of the business and understand these accounts will only be opened by the Credit Union if the documentation presented by you is in a manner acceptable to our underwriting policies. You shall take all action necessary in the event of your death; your estate shall release and indemnify the Credit Union for any payment made at the direction of an authorized signer of your account, provided the Credit Union has not received actual notice of your death prior to such payment being made. If you are doing business under an assumed name, you represent you have properly filed all required paperwork as set out in the laws of the state in which you are organized to do business. It is your responsibility to determine and understand any legal effects related to this type of account.
Organizational, Partnership or Corporation accounts
If your account is established as an organizational, partnership or corporate account, you will supply the Credit Union with a separate authorization informing us of the authorized signers for the account and provide any other related documents if we request you to do so and you understand such accounts will only be opened by the Credit Union if the documentation presented by you to the Credit Union is in a manner acceptable to our underwriting policies. It is your responsibility to determine and understand any legal effects related to this type of account.
Payment of accounts
Except for payees named on any check or other item drawn on your account, such account may only be paid to you and not any director, shareholder, partner or authorized signer as may be applicable.
Authorized signers
If you establish your account with authorized signers, or you subsequently appoint any authorized signers, you understand and agree the Credit Union will not at any time be liable for the actions of such authorized signers and/or be obligated to ensure their actions are in accordance with any instructions you have provided to them. Any appointment of an authorized signer, together with any subsequent revocation or change, must be in writing and a format acceptable to us. It is your responsibility to determine any legal effects related to the appointment of any authorized signers on your account.
Arbitration
Any controversy or claim arising out of or relating to these Agreements & Disclosures or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All parties hereby waive and give up all rights to a jury trial or class action relief.
Indemnity
You agree to indemnify and hold harmless the Credit Union and their successors and assigns from any claim, action, liability, loss, damage or suit arising out of any action or inaction on our part in connection with these Agreements & Disclosures and/or your failure to abide by its terms. In the event of any claim, we shall provide you with reasonable and timely notice of such claim, and thereafter, you shall, at your own expense, defend, protect, and hold harmless the Credit Union against said claim or any loss or liability thereunder. In the event you fail to defend and/or indemnify and hold us harmless, then in such instance, we shall have full rights to defend, pay, or settle said claim on your behalf without notice to you and with full right of recourse against you for all fees, costs, expenses, and payments made or agreed to be paid to discharge said claim. You further agree to pay all reasonable attorney’s fees necessary to enforce such provision. Such indemnity shall be unlimited in amount and duration and be binding upon and inure to the benefit of all parties, their successors, assigns, and personal representatives.
Power of Attorney
If you name a person to act as your attorney-in-fact or agent in any way with your account, we are only obligated to deal with such person if we, in our sole judgment, approve of the form of appointment and the supporting documentation.
Deposit of items
You may make deposits to your account using any method available from us, including deposits in person, by mail, or electronic means. We have the right to refuse to accept any check or instrument for deposit at our sole discretion. If you deposit an item and it is returned unpaid, we will debit your account for the amount of the item and charge you a fee as stated within our Tarifas y Cargos. You will be liable to us for the amount of any item you deposit that is returned unpaid, and in addition, you will be responsible for any of our costs and expenses incurred in the collection of such returned item from you, including reasonable attorney’s fees. Subject to our Funds Availability Policy, you may not be able to withdraw funds from your account until we have received a final settlement for any items deposited. If you deposit on a Saturday, Sunday, or a holiday or after our predetermined cutoff hour on business days, the deposit will be credited to your account as of the next business day.
Collection and processing of items
In processing items you have deposited for collection, we are only your agent and assume no responsibility beyond the usual care. Any item deposited is subject to final settlement in cash or credit. We may use any method appropriate to collect items, which may include the use of a Federal Reserve Bank. We are not responsible for the acts of any third party we use for the collection of items, including responsibility for lost items. If we use a local clearing house in the collection of items, you authorize us to do so and to act in accordance with any applicable rules and regulations. We may allow you to withdraw funds from your account before a final settlement is made. However, if a final settlement is not made, we have the right to charge your account or otherwise require you to repay such funds. In processing items presented for payment on your account, we will pay such items each business day in the order in which they are received, which means the transactions may not be processed in the order in which they occurred. You could incur multiple fees in a single day should there be insufficient funds to pay for all items presented that day.
Overdraft Protection
To the extent permitted by law, you allow us to transfer funds from other accounts you may have with us in necessary multiples (or in such increments as we may from time to time determine) to your account to cover any overdraft. If you have a line of credit with us, transfers will be made first from your primary savings account; provided you have enough available funds in the account, then from your line of credit up to your available credit limit, and then we may elect to pay such overdraft, subject to any preference you have indicated to us for clearing any overdraft(s). Overdraft transfers are subject to a transfer fee as stated within our Tarifas y Cargos. You hold us harmless from any and all liability that might otherwise exist if a transfer does not occur.
Overdrafts
You understand and agree we may, from time to time, and at our sole discretion, pay certain items in order to cover an overdraft and charge you a fee as stated within our Tarifas y Cargos for doing so. You further understand payment of any overdrafts will be made in an order of our choosing. You hold us harmless from any and all liability that might otherwise exist if we do not pay an overdraft. If you want to opt-out, that is, if you prefer we not pay any check that would overdraw your checking Account.
Notice of receipt of ACH items
Under the operating rules of the National Automated Clearing House Association (NACHA), which are applicable to ACH transactions involving Your Account and as permitted by law, we are not required to give you next-day notice of receipt of an ACH item, and we will not do so. We will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Provisional payment (ACH origination)
Credits given by any receiving depository financial institution to the receiver with respect to any automated clearing house credit entries subject to Article 4A of the Uniform Commercial Code (UCC-4A) are provisional until the receiving depository financial institution has received final settlement through a Federal Reserve Bank, or has otherwise received payment as provided in §4A-403(a) of UCC-4A. If the receiving depository financial institution does not receive such final settlement or payment, then they shall be entitled to a refund from the receiver of the amount so credited, and we shall not be deemed to have paid the receiver the amount of such entry.
Provisional payment (ACH receipt)
Credit given by us to you with respect to any automated clearing house credit entry is provisional until we receive a final settlement for such entry through a Federal Reserve Bank. If we do not receive a final settlement, you are hereby notified and agree we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you the amount of such entry.
Choice of law
We may accept payments on your behalf for your account that have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments will be construed in accordance with and governed by the laws of the state of New York as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involved in your account.
Expenses
If we incur any costs or expenses as a result of any attachment, garnishment, or levy against your account, you will reimburse us for such costs or expenses, or we may charge them to your account.
Inactive or dormant accounts
Inactive accounts (accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account fee as stated within our Tarifas y Cargos. If no activity occurs in your account within the time period specified by applicable state law, the property in your account may be subject to transfer to the appropriate state authority (escheatment). We have no liability if your account becomes dormant and is, therefore, subject to escheatment in accordance with applicable state law.
Lien impressment and setoff
You agree we may impress and enforce a statutory lien upon your accounts with us to the extent you owe us any money, and we may enforce our right to do so without further notice. We have the right to set any of your money or property in our possession against any amount you owe us. The right of setoff and our impressed lien does not extend to any Keogh, IRA or similar tax-deferred deposit you may have with us. If your account is owned jointly, our right of setoff and our impressed lien extends to any amount owed to us by any of the joint owners.
Credit reporting notice
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Minimum balance requirements, fees and service charges
You agree to pay us any applicable fees or charges. You are responsible for any minimum balance requirements and deposit requirements called for in our Agreements & Disclosures provided to you when you opened your account. In any case, with proper notice to you, fees, charges, balance requirements, and deposit requirements may be changed by us from time to time.
Restrictive legends
We are not liable for any consequences resulting from the payment of a check that contains a restrictive legend or other such limitation (e.g., “Void after 90 days,” “Not valid over $500,” or “Two signatures required”) unless we have previously agreed, in writing, to the restrictions and/or limitations.
Suspension of services
We have the right to suspend the benefit of any Credit Union service at any time for reasonable cause. At our discretion, we also have the right to pay any share draft presented for payment from your account after your account is closed or suspended and to recover this amount paid from you.
Account services are available to those members in good standing with the Credit Union. We reserve the right to cancel or suspend services to a member who is not in good standing, which includes members that have: (a) a delinquent loan; (b) a primary share account balance below the $5 minimum; (c) an unresolved deposited returned check; (d) any unpaid and uncollected fees; (e) a negative balance on an account; or (f) caused a financial loss to the Credit Union.
Assignability
You may not assign or transfer any interest in your account.
Agreements & Disclosures
The Agreements & Disclosures provided to you at the time you opened your account and referred to throughout this agreement contain (a) a list of fees and charges applicable to your account; (b) the dividends and applicable Annual Percentage Yield (APY); (c) how dividends are credited or compounded; and (d) other pertinent information related to your account. Your Agreements & Disclosures may be amended by us from time to time in a manner as prescribed by law.
Stop payments
You can just ask us orally to stop payment on a check. For any such request to remain valid, however, you would also need to provide us with a written request within 14 days after you make any such oral request. Stop payment requests are also subject to the terms and conditions of the Stop Payment Request form related to any such request. Your request must be given to us in a timely manner, so we have a reasonable opportunity to act on your request. A written stop payment request is effective for six months. If, at the end of six months, you request us to continue the stop payment order, that request will be treated as a new request. We are not liable if we pay a check you have requested us to stop payment on as long as we act in good faith and exercise ordinary care.
In any event, any damages we might otherwise be liable for shall not exceed the amount of the involved share draft. If we do pay a share draft for which you have requested stop payment and, as a result, any other item is returned unpaid by us due to insufficient funds, we are not liable for any consequences resulting from such action. If your account is a joint account, any owner of the account may request a stop payment. Any release of a stop payment order must be made by the person who made the request. If you ask us to stop payment on a preauthorized transfer, your request will be processed under the provisions of our Electronic Services Agreement with you.
You may also ask us to replace a lost, destroyed, or stolen cashier’s, teller, or certified check. If you do, you agree to execute a declaration of loss and claim for reimbursement form together with any other documentation we may require, such as an affidavit. Regardless of the type of documentation presented to us, the request must be in a form acceptable to the Credit Union and given to us in a timely manner, so we have a reasonable opportunity to act on such request. Such declaration of loss and claim for reimbursement will not become effective until the later of (a) the 90th day after the date of the check (or 90th day following the date of acceptance, in the case of a certified check); or (b) the date we receive the Declaration of Loss and Claim for Reimbursement together with any other required documentation.
Share drafts and other account access devices
We may reject any share draft or other account access device that does not meet our acceptance standards, whether such standards are established by law, regulation or our own policy.
Postdated, stale or overdraft share drafts
You understand postdating a share draft will not affect whether or not it is honored prior to or after the date of any such share draft. A stale share draft is any share draft received by us dated six months or more prior to the date of receipt. We may pay or not pay any postdated, stale, or overdraft share draft or other item presented for payment on your account without any liability.
Share draft safekeeping
Share draft safekeeping is automatic on your account, and your canceled share drafts will not be returned to you. You understand canceled share drafts retained by us are later destroyed after a reasonable period of time. If you subsequently request a copy of a share draft and we are unable to supply it, then we shall not be liable for any damage You may sustain in excess of the face amount of the involved share draft.
Periodic statements
You will be given a periodic statement showing activity on your account. If you believe any statement reflects discrepancies, you must notify us of such discrepancies within 60 days from the date we mailed the statement to you. If the discrepancy noted is the result of an electronic fund transfer, then the provisions of our Electronic Fund Transfer Agreement with you will control the resolution of the matter.
Amendments
We may amend this Agreement at any time, in which case we will provide you with a notice of amendment as required by law or regulation.
Notification of address change
You will notify us promptly in writing with your signature if you move or otherwise have a change of address. In the event we are unable to locate you, you agree to pay all fees associated with maintaining an invalid address in our records and any costs and locator fees incurred in our locating efforts.
Waivers
You agree and understand our failure or delay to exercise any right, remedy, power, or privilege available to us pursuant to this Agreement shall not affect or disallow our future exercise of that right, remedy, power or privilege.
Electronic communications
By applying for membership in the Credit Union, you authorize us to send you, from time to time and the extent permitted by applicable law, electronic communications regarding the status of any share, share draft, and/or term account(s) you maintain with us. You also authorize us to send you electronic communications about any other accounts you may have with us from time to time, including, but not limited to, loan accounts, credit line accounts, and credit card accounts. These electronic communications are sometimes referred to as “transactional or relationship messages.”
You authorize us to contact you using any wireless, cellular, mobile or other phone number you have provided to us on your membership application and at any wireless, cellular, mobile or other phone number you may furnish to us or we may obtain for you in the future. We may contact you using any electronic means we choose, which may include, but is not limited to, voice messages, text messages and other similar electronic methods of communication. If you have furnished us with any email address(es), you understand and agree we may send you email messages regarding your account(s) with us from time to time. If you have or subsequently enter into any separate consent to receive an electronic documentation form, any communications covered by such disclosure and consent shall be subject to the terms and conditions set forth in that disclosure and consent. You understand the nature of electronic communications, such that anyone with access to your wireless, cellular, mobile, or other telephonic device or email may be able to read or listen to such transactional or relationship messages from us. You agree any person or party sending or leaving these messages shall have no liability for any consequences that result from the interception of such messages by any other party. Without a limit, you also agree you are responsible for paying all costs you may incur as a result of any contact method we choose, including, but not limited to, charges for telecommunications, wireless and/or internet charges.
Prohibited internet gambling transactions
All transactions in connection with the participation of another person in unlawful internet gambling are prohibited from being processed through your account. Such transactions include those involving the use of (a) credit, or the proceeds of credit, extended to or on behalf of another person (including credit extended through the use of a credit card); or (b) electronic fund transfers, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of another person; or (c) any check, draft, or similar instrument that is drawn by or on behalf of another person and is drawn on or payable at or through any financial institution.
Governing law
This Agreement shall be governed by the laws of the State of California, except to the extent federal law controls.