LA Financial Federal Credit Union (“LAFFCU”) strives to provide you with the highest quality anytimeBanking (Online Home Banking), anytimeMobile (Mobile Banking), and anytimeDeposit (Mobile Deposit) services available. You must enroll in anytimeBanking to use anytimeMobile and you must be enrolled in anytimeMobile in order to use anytimeDeposit. By enrolling in any of the Services, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”). Use of the Services is subject to approval by LA Financial Federal Credit Union.
We may offer additional anytimeBanking, anytimeMobile, and anytimeDeposit services and features from time to time. Any added Service(s) 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, if applicable.
The following words used in this Agreement have the meanings given below:
“Account(s)” means your eligible LAFFCU savings, checking, money market, share certificate, or loan account or other product information that can be accessed through anytimeBanking, anytimeMobile, or anytimeDeposit.
“Agreement” means this anytimeBanking, anytimeMobile, and anytimeDeposit Agreement and Disclosure.
“anytimeBanking” means the banking services accessible from a computer using a secure login and password.
“anytimeDeposit” means the service that allows you to make check deposits to your LA Financial Credit Union savings (share), checking (share draft), and/or money market (money market share) accounts from remote locations by scanning both sides of checks and delivering the check images and associated deposit information to LA Financial Credit Union or LA Financial Credit Union’s designated third party service provider.
“anytimeMobile” means accessing anytimeBanking for banking services through the use of a Device.
“Device” means a supportable mobile device including a cellular phone, smart phone, or other mobile device that is web enabled. Your wireless carrier may assess fees for data, text messaging, or web services. Please consult your wireless plan provider for details.
“You” and “Your(s)” means each person with authorized access to your Account(s) through the Services.
“Service” or “Services” means the anytimeBanking, anytimeMobile, and anytimeDeposit services described in this Agreement.
“We,” “Us,” “Credit Union,” and “LAFFCU” means LA Financial Federal Credit Union.
“Website” means LAFFCU’s website: www.lafinancial.org.
This Agreement contains the terms that govern your use of the Service. You may use the Services to access your accounts through the Internet or Device. By using any of the Services to access an Account, you are agreeing to the terms of this Agreement which supplements the terms and agreements of your Account(s) to which you have previously agreed.
Your Accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each Account will be subject to the following:
The terms or instructions appearing on a screen when using anytimeBanking, anytimeMobile, or anytimeDeposit;
LAFFCU rules, procedures, and policies applicable to each Account;
The rules and regulations of any funds transfer system used in connection with anytimeBanking, anytimeMobile, or anytimeDeposit, and all applicable state and federal laws and regulations.
This Agreement is subject to applicable federal laws and the laws of the state of California (except to the extent that this Agreement can and does vary such rules or laws).
You may access your Account through the Services to obtain balances, transaction history, other information and perform the transactions described herein. All Accounts will be linked by the means of the Member Number.
Your Account or any other access device or method (including the Services) may not be used for any illegal activity or transaction. You understand that you may not utilize your Account or the Services for the purchase of any goods or services on the Internet that involve online gambling of any sort. Prohibited activity and transactions include, but may not be limited to, any quasi-cash or online gambling transaction, electronic commerce gambling transaction conducted over an open network, and any betting transaction including the purchase of lottery tickets or casino gaming chips or off-track betting or wagering. We may deny authorization of any transactions identified as gambling. However, in the event that a transaction described in this paragraph is approved and processed, you will still be responsible for such charges.
Monday – Friday, excluding Federal Holidays. Our holiday schedule can be viewed on our website.
Except as otherwise required by law, rule, or regulation, we may add to, modify, delete from, or change the terms of this Agreement from time to time or at any time. When changes are made, you will receive written notice, at least thirty (30) days prior to the effective date of the change(s), if the change would result in: (1) increased fees; (2) increased liability for you; (3) fewer types of available electronic fund transfers; or (4) stricter limitations on the frequency or dollar amount of transfers. For other types of changes, we are not required to give prior notice, but we will provide written notice of the changes no later than the effective date. We are also not required to give prior notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an Account or an electronic fund transfer system. If we make such a change permanent and disclosure would not jeopardize the security of the Account or system, we will notify you in writing on or with the next regularly scheduled periodic statement or within 30 days of making the change permanent. You may choose to accept or decline changes by continuing or discontinuing the use of the Services. Changes to fees or terms applicable to Accounts are governed by the agreement otherwise governing the applicable Account.
See Service Fees brochure located at the Website. There are no monthly fees for accessing anytimeBanking, anytimeMobile, or anytimeDeposit.
Other fees may be assessed and billed separately by your internet service provider or Device provider. All telephone or wireless charges associated with your use of the Service are your responsibility. All other fees which have been separately disclosed to you in connection with your Account(s) will continue to apply to those Account(s) and to your use of the Service.
A stop payment placed on a preauthorized electronic payment is subject to a fee as disclosed in our Schedule of Fees and Charges for each stop payment order you give. If you request a copy of the documentation relative to a Service transaction (except if the documentation is for resolution of a billing error), a fee equal to our reasonable cost of reproduction will be charged. Any fees charged will be deducted from your savings account or checking account.
Description of Service:
anytimeBanking. You can view Accounts, pay bills, transfer funds, make loan payments, print check images, and conduct other banking transactions from your personal computer or Mac.
anytimeMobile. anytimeMobile is offered as a convenience and supplemental service to our anytimeBanking services. It is not intended to replace access to anytimeBanking from your personal computer or Mac, or other methods you use for managing your accounts and services with us.
anytimeMobile allows you to access your Credit Union account information, make payments to payees, transfer funds, and conduct other banking transactions. To utilize anytimeMobile services, you must be enrolled in anytimeBanking.
anytimeDeposit. You can use anytimeDeposit to deposit checks using your Device by taking a picture with your Device of the front and back of the check and transmitting it (along with verification information), using the anytimeDeposit service, to the Credit Union. We reserve the right to limit the types and numbers of accounts eligible and the right to refuse to make any transaction you request through the Service. We may also reserve the right to modify the scope of the Service at any time. The Service may not be accessible or may have limited service over some network carriers. The Service also may not be supported by all Devices. LAFFCU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.
Use of the Service:
We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the Service as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
You agree that, when you use the Service, you remain subject to the terms and conditions set forth in your existing agreements with us and any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of the Service (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.
You agree to review your Account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of the Service.
Equipment and Software:
LAFFCU does not guarantee that your Device or mobile phone service provider will be compatible with the Service. Mobile phones and other Devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your phone or could result in information being intercepted by a third party. LAFFCU WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM SUCH VIRUSES. LAFFCU will also not be responsible if any non public personal information is accessed via the Service due to any of the above named viruses residing or being contracted by your Device at any time or from any source.
The Credit Union is not responsible for errors or delays or your inability to access the Service caused by your Device. We are not responsible for the cost of upgrading the Device to remain current with the Service. We are not responsible for any damage to the Device or the data within.
Permitted anytimeBanking and anytimeMobile Transfers:
You may use anytimeBanking or anytimeMobile to transfer funds between your eligible LAFFCU accounts. You may not transfer to or from an Account at another financial institution using anytimeBanking or anytimeMobile.
You must have sufficient funds available in the selected Accounts at the time the transfer is received, including available overdraft protection (if applicable). We may process transfers that exceed your available balance at our sole discretion. Applicable fees may apply as permitted by Law.
Federal Regulations limit the number of transfers allowed from a savings or money market account per month. anytimeBanking and anytimeMobile transfers count towards this limit. Each transfer from a savings or money market account using anytimeBanking or anytimeMobile is counted as one of the six limited transactions permitted each month. We may also limit the type, frequency, and amount of transfers for security purposes and may change or impose the limits without notice, at our option as permitted by Law. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
To use LA Financial Credit Union’s anytimeDeposit service you must be a member with an account that has been open for thirty (30) days or longer. You must have a suitable mobile device. LA Financial Credit Union is not responsible for any technical difficulties you experience attempting to use anytimeDeposit.
Deposits are subject to verification and may not be available for immediate withdrawal. Deposit limits and other restrictions apply. LAFFCU reserves the right to impose limits on the amount(s) and/or number of deposits that you submit using the anytimeDeposit service and to modify such limits from time to time. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to these terms and conditions, and LAFFCU will not be obligated to allow such a deposit at other times.
Deposits submitted through anytimeDeposit are treated as having been received on the same business day if they are completed before 2:30 p.m., Pacific Time, Monday through Friday. Transactions completed after that time or on Saturdays, Sundays, or holidays may be processed on the first business day following the transaction date. Please see our “Disclosure of Delayed Funds Availability Policy” for information about hold periods that we may place on checks you may deposit.
You are solely responsible for any Item for which you have received credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the anytimeDeposit are provisional, subject to verification and final settlement. Any returned items will be returned to you in the form of an image or an Image Replacement Document (IRD). For any deposit which you have submitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for 60 days after it has been credited to your Account, and thereafter to either destroy any Item of which you have transmitted an image, or to otherwise render it incapable of transmission or presentment. If you make more than two anytimeDeposit errors within any 60 day period, access may be revoked. You agree to indemnify, defend, and hold LA Financial Credit Union and any LA Financial Credit Union’s third party service provider(s) harmless from and against any and all claims, damages, losses, liability, or expenses (including attorneys’ fees and expenses) to which we or our service provider may become subject as a result of an item you deposited via anytimeDeposit being presented for duplicate payment.
Only the following items are eligible for anytimeDeposit deposit:
- Checks drawn on U.S. financial institutions in U.S. dollars;
- Checks drawn on United States Treasury; or
- Checks drawn on any state or local government of the United States.
Checks must be payable to you and endorsed by you with the following restrictive legend: “Deposit only to LA Financial Credit Union Account No. ________________,” consistent with the terms of the LA Financial Credit Union account agreement applicable to the Account to which the deposit is made.
You agree not to attempt to use anytimeDeposit to deposit checks with any of the following characteristics:
- The check is not payable to you;
- There is any apparent alteration to the front of the check;
- You know or have reason to believe that the check is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
- The check is payable in a currency other than U.S. dollars;
- The check has been previously converted to a substitute check as defined in the Expedited Funds Availability Act; – 1 – – 2 – – 3 – – 4 – – 5 – Continued on page 7
- The check has been remotely created;
- The date of issue of the check is more than six (6) months prior to the attempted deposit date; or
- You have any reason to believe that the check will not be paid by the institution on which it is drawn.
The check image transmitted via anytimeDeposit must be legible and compliant with requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse, or association.
We may, at our sole discretion, refuse to accept any item presented for deposit via anytimeDeposit. We will notify you via the method agreed with you if we do this. We will have no liability to you for declining to accept items presented for deposit via anytimeDeposit. Funds from any check deposited via anytimeDeposit will be available to you after final collection from the institution on which it is drawn.
We may make funds available sooner depending on factors we, at our sole discretion, deem relevant, including, but not limited to, your account history with LA Financial Credit Union and your creditworthiness.
Account Ownership/Accurate Information:
You agree that you are the legal owner of the Accounts and other financial information which may be accessed via the Service. You agree that all information provided to us in connection with the Service is accurate, current, and complete, and that you are required to provide such information to us for the purpose of using the Service. You agree you will keep LAFFCU informed on any changes to your email address. You agree not to misrepresent your identity or your Account information as well as keeping your Account information up to date and accurate. You agree that you are an authorized user of the Device. You are responsible for all transactions you authorize using the Service under this Agreement. If you permit others to use your log in ID or password, you are responsible for any transactions they authorize or conduct on any of your Accounts. LAFFCU has the right to rely upon the use of your log in ID and password information as authorized and legitimate.
You agree to take every precaution to ensure the safety, security, and integrity of your Accounts and transactions when using the Service. You agree you will not give out Account information or user log in ID or passwords, leave your computer or Device unattended while using the Service, allow your computer or Device to store your log in ID or password, leave Account information in view or range of others, nor will you send any private Account information via a public or general email system. You also agree to log out of the Service completely if you are using a public computer. You agree not to leave your computer or Device unattended while logged into the Service and to log off immediately at the completion of session. You agree not to provide your log in ID, password, or other access information to any unauthorized person. If you allow access to the Service to an unauthorized user, you will be responsible for any transaction they authorize and we will not be liable for any damages as a result. You agree not to use any personally identifiable information when creating shortcuts to your Account.
We recommend that you change your password regularly and that you do not use passwords that could be easily guessed, such as your birthdate, last name, or other information that may be publicly available. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and Account information confidential.
The Credit Union will never contact you and ask you to provide your log in ID or passwords. If you are contacted by anyone claiming to be a representative of the Credit Union who asks you to provide any log in ID or password, you understand that you should not provide your log in ID or password and you will contact us at the number below immediately to report the incident. The Credit Union recommends that you purchase and utilize anti malware software as a defense against keyloggers and certain forms of attacks by unauthorized third parties seeking access to or control over your Account. Anti malware is a term that is commonly used to describe various software products that may also be referred to as anti virus or anti spyware. Anti malware software is used to attempt to prevent, detect, block, and remove adware, spyware, and other forms of malware such as keyloggers.
We make no representation that any content or use of the Service is available in locations outside the United States. Accessing the Service from locations outside the United States is at your own risk.
Number to Call to Report Suspicious Activity:
If you notice any suspicious account activity or if you believe that your log in ID or password may have been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account, you must notify us immediately by calling 1.800.894.1200. You may also notify us in writing at LA Financial Federal Credit Union, P.O. Box 6015, Pasadena, CA 91105.
You agree not to use the Service or the content or information delivered through the Service in any way that would be considered illegal or violate any law or statute. Harassment or threatening language will result in the closure or suspension of your Account. You also agree not to make commercial use of the Service or resell, lease, rent, or distribute access to the Service.
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend, and hold harmless LA Financial Federal 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 third party claims, disputes, actions; allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; and/or your violation or any law or rights of a third party or your use or use by a third party of the Service.
LAFFCU reserves the right to terminate the Service, in whole or in part, at any time with or without cause and without prior written notice as allowed by Law. In the event you provide a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers previously authorized, but not made. We also reserve the right to suspend the Service either temporarily or permanently in situations deemed appropriate in our sole and absolute discretion, including if a security breech has been attempted or has occurred. We may consider repeated incorrect attempts to enter my log in ID or password as an indication of an attempted security breech.
Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination.
Your Liability for Unauthorized Transactions and Advisability of Prompt Reporting:
You must tell us AT ONCE if you believe your log in ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. A written notification to us should follow your telephone call. You could lose all the money in your Account (plus your maximum overdraft line of credit). However, if you believe your log in ID or password has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your log in ID and password without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your log in ID and/or password and we can prove we could have stopped someone from using your log in ID and password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, including those made through the Service, you must tell us at once. If you do NOT tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If you can document a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period.
Telephone Number and Address to be Notified in Event of an Unauthorized Transaction:
If you believe your log in ID and/or password has been lost or stolen or that someone will or may use them to transfer money from your Account(s) without your permission, you must telephone us at: 800.894.1200, extension 8207 or 8208, or write us at:
LA FINANCIAL FEDERAL CREDIT UNION P.O. Box 6015 Pasadena, CA 91102-6015
ATTENTION: Electronic Funds Transfer Department
In case of errors or questions about your electronic transfers, telephone us at 800.894.1200 or write us at P.O. Box 6015, Pasadena, CA 91105, as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must:
- Tell us your name and Account number;
- Describe the error or the transaction you are unsure about and explain, as clearly as you can, why you believe it is an error or why you need more information; and
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine if an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days 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 or question in writing and we do not receive it within (10) business days, we may not credit your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your compliant or question. For new accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make or Complete Electronic Funds Transactions:
If we do not properly complete an electronic funds transaction to your Account on time or in the correct amount according to our agreement with you, we may be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance, if:
- Circumstances beyond our control (such as fire, flood, earthquake, electronic failure, or malfunction of central data processing facility, etc.) prevent the transaction, despite reasonable precautions;
- Through no fault of ours, you do not have enough money in your Account or available overdraft sources (or sufficient collected funds) to make a transaction;
- The funds in your Account are subject to an uncollected funds hold, legal process, or other circumstances restricting such transaction or payment;
- We have received incorrect or incomplete information from your or from third parties (e.g., the U. S. Treasury or an automated clearing house);
- The Service was not working properly and you knew about this breakdown when you made the transaction;
- Your login ID and/or password has been reported lost or stolen or repeatedly entered incorrectly; – 7 – – 8 – – 9 – 7/13
- Our failure to complete the transaction is done to protect the security of your account and/or the Service;
- There may be other exceptions.
Disclosure of Delayed Funds Availability:
We may place a hold for uncollected funds on an item you deposit. This could delay your ability to withdraw such funds. For further details, see our “Disclosure of Funds Availability Policy” or contact a Credit Union officer.
Relationship to Other Disclosures. The information in this Agreement applies only to the Service. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the account involved.
Governing Law. You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of California.
Limitations and Warranty Disclaimers:
LAFFCU AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE SERVICE, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER LAFFCU NOR OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE OR OUR SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES.
You agree not to copy, reproduce, distribute, or create derivative works from the content of the Service or to reverse engineer or reverse compile any technology used to provide the Service. LA Financial Credit Union and our third party service provider(s), if any, retain all ownership and proprietary rights in the Services, associated content, technology, and web sites.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT 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, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
1520 W. Colorado Blvd. Pasadena, CA 91105
224 N. Fair Oaks Ave. Pasadena, CA 91103-3641
Los Angeles Branch
716 W. First St. Los Angeles, CA 90012-2464
12125-A Imperial Hwy. Norwalk, CA 90650-3098
Havasu Community Credit Union
A Division of LA Financial Credit Union
55 S. Lake Havasu Ave., Suite J Lake Havasu City, AZ 86403-0938