Common use of Credit Union’s Liability Clause in Contracts

Credit Union’s Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, you do not have enough money in your account to make the transfer. • If you have an overdraft line of credit and the transfer would go over the credit limit. • If the automated teller machine where you are making the transfer does not have enough cash. • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. • If funds are subject to legal process, such as a garnishment, • There may be other exceptions stated in our agreement with you. MEMBER’S LIABILITY Tell us AT ONCE if you believe your Visa® debit card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check or draft. Telephoning is the best way of minimizing losses. All the money in your account, plus your overdraft line of credit, could be withdrawn. If you tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, you can lose no more than $50 if someone uses your card and/or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, and we can prove we could have stopped someone from using your card and/or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card , PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Additional Limit on Liability for Visa® Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by Visa®. Contact us in event of unauthorized transfer. If you believe your card and/or PIN has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check or draft without your permission. ERROR RESOLUTION NOTICE In Case of Errors or Questions About your Electronic Transfers, contact us using any of the options listed under Contacting Member One Federal Credit Union as soon as you can, if you think your statement of 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 on which the problem or error appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes for us to complete our investigation. If we ask you to put your question or complaint 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 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three 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 by contacting us using any of the options listed under Contact Member One Federal Credit Union. More detailed information is available upon request. ERROR RESOLUTION CLAIM OF LOSS If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including, upon request, giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. The credit union suggests that you notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits of opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these sources. FAILURE TO NOTIFY US OF UNAUTHORIZED TRANSACTIONS If you fail to notify us of any unauthorized transaction, error, or claim for a credit or refund within the time frames specified above, your account statement will be considered correct. We will not be responsible for any unauthorized transaction, error, or claim for transactions included in this statement. WHEN IS A TRANSACTION UNAUTHORIZED? A transaction is an unauthorized transaction when it is: • Missing a required signature or other evidence showing you have authorized it, or • Altered (for example, the amount of a check or the payee’s name is changed). You can notify us of errors on your account statements by promptly. STEPS TAKEN AFTER NOTICE OF UNAUTHORIZED ACTIVITY We investigate any reports of unauthorized activity on your account. After you submit a claim, we may require you to: • Complete and return the claim form and any other documents we require, • Notify law enforcement, and • Cooperate fully with us in our investigation. We can reverse any credit made to your account resulting from a claim of unauthorized transaction if you do not cooperate fully with us in our investigation or recovery efforts, or we determine the transaction was authorized. For specific information on unauthorized electronic fund transfers, see the “Liability for transactions covered by Regulation E” section in the “Electronic fund transfer services” part of the Agreement. EFFECTIVE DATE OF NOTICE OF UNAUTHORIZED ACTIVITY Any notice from you is effective once we receive it and have a reasonable opportunity to act on it.

Credit Union’s Liability. If we do the Credit Union does not complete a transfer to or from your account on time or in the correct amount according to our an agreement with you, we may will be liable for your losses or damages. However, there are some exceptions. We The Credit Union will not be liableNOT BE LIABLE, for instance: • If,  If through no fault of oursthe Credit Union, you do not have enough money in your account to make the transfer. • transfer  If you have an overdraft line of credit and the transfer would go over the your available credit limit. •  If the automated teller machine Automated Teller Machine where you are making the transfer withdrawal does not have enough cash. • cash  If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. • transfer  If circumstances beyond our the Credit Union’s control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. • taken  If funds your account is frozen because of a court order or some similar reason  If the Automated Teller Machine malfunctions or ceases to operate during a transaction  If you make an error when using the Automated Teller Machine or Point-of-Sale Terminal  If the Credit Union corrects any error before the error causes you any actual damage  If you are subject to legal process, such as a garnishment, • in default under this or any other agreement with us  There may be other exceptions stated in our agreement with you. MEMBER’S you YOUR LIABILITY Tell us the Credit Union AT ONCE if you believe your Visa® debit card and/or code or Personal Identification Number (PIN) has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check or draftcheck. Telephoning is the best way of minimizing losseskeeping your possible losses down. All You could lose all the money in your account, account (plus your maximum overdraft line of credit, could be withdrawn). If you tell us the Credit Union within 2 business days after you learn of the loss or theft of your card and/or or PIN, you can lose no more than $50 if someone uses used your card and/or PIN without your permission. If you do DO NOT tell us the Credit Union within 2 business days after you learn of the loss or theft of your card and/or PIN, or PIN and we the Credit Union can prove we that it could have stopped someone from using your card and/or or PIN without your permission if had you had told us, you could lose as much as $500. Also, if your statement shows transfers or other transactions that you did not make, including those made by card card, PIN code or other means, tell us the Credit Union at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you have lost after the 60 days if we the Credit Union can prove that we could have stopped someone from taking the money if had you had told us in time. Additional Limit on Liability for Visa® Debit Card. Unless If a good reason (such as a long trip or a hospital stay) kept you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by Visa®. Contact us in event of unauthorized transfer. If you believe your card and/or PIN has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check or draft without your permission. ERROR RESOLUTION NOTICE In Case of Errors or Questions About your Electronic Transfers, contact us using any of the options listed under Contacting Member One Federal Credit Union as soon as you can, if you think your statement of 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 on which the problem or error appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orallytelling us, we may require that you send us extend the time periods. Please refer to your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days VISA Credit Card Agreement for the amount you think is in error, so that you will have the use terms of the money during the time that it takes for us to complete our investigation. If we ask you to put your question or complaint 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 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three 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 by contacting us using any of the options listed under Contact Member One Federal Credit Union. More detailed information is available upon request. ERROR RESOLUTION CLAIM OF LOSS If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including, upon request, giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. The credit union suggests that you notify law enforcement authorities of any criminal act liability related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits of opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these sources. FAILURE TO NOTIFY US OF UNAUTHORIZED TRANSACTIONS If you fail to notify us of any unauthorized transaction, error, or claim for a credit or refund within the time frames specified above, your account statement will be considered correct. We will not be responsible for any unauthorized transaction, error, or claim for transactions included in this statement. WHEN IS A TRANSACTION UNAUTHORIZED? A transaction is an unauthorized transaction when it is: • Missing a required signature or other evidence showing you have authorized it, or • Altered (for example, the amount of a check or the payee’s name is changed). You can notify us of errors on your account statements by promptly. STEPS TAKEN AFTER NOTICE OF UNAUTHORIZED ACTIVITY We investigate any reports of unauthorized activity on your account. After you submit a claim, we may require you to: • Complete and return the claim form and any other documents we require, • Notify law enforcement, and • Cooperate fully with us in our investigation. We can reverse any credit made to your account resulting from a claim of unauthorized transaction if you do not cooperate fully with us in our investigation or recovery efforts, or we determine the transaction was authorized. For specific information on unauthorized electronic fund transfers, see the “Liability for transactions covered by Regulation E” section in the “Electronic fund transfer services” part of the Agreement. EFFECTIVE DATE OF NOTICE OF UNAUTHORIZED ACTIVITY Any notice from you is effective once we receive it and have a reasonable opportunity to act on itVISA Credit Card.

Credit Union’s Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, you do not have enough money in your account to make the transfer. • If you have an overdraft line of credit and the transfer would go over the credit limit. • If the automated teller machine where you are making the transfer does not have enough cash. • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. • If funds are subject to legal process, such as a garnishment, . • There may be other exceptions stated in our agreement with you. MEMBER’S LIABILITY Tell us AT ONCE if you believe your Visa® debit card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check or draft. Telephoning is the best way of minimizing losses. All the money in your account, plus your overdraft line of credit, could be withdrawn. If you tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, you can lose no more than $50 if someone uses your card and/or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, and we can prove we could have stopped someone from using your card and/or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Additional Limit on Liability for Visa® Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by Visa®. Contact us in event of unauthorized transfer. If you believe your card and/or and/ or PIN has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check or draft without your permission. ERROR RESOLUTION NOTICE In Case of Errors or Questions About your Your Electronic Transfers, contact us using any of the options listed under Contacting Member One Federal Credit Union as soon as you can, if you think your statement of 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 on which the problem or error appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes for us to complete our investigation. If we ask you to put your question or complaint 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 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three 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 by contacting us using any of the options listed under Contact Member One Federal Credit Union. More detailed information is available upon request. ERROR RESOLUTION CLAIM OF LOSS If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation investiga- tion of the loss, including, upon request, giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances circum- stances surrounding the loss. The credit union suggests that you notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits of opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these sources. FAILURE TO NOTIFY US OF UNAUTHORIZED TRANSACTIONS If you fail to notify us of any unauthorized transaction, error, or claim for a credit or refund within the time frames specified above, your account statement will be considered correct. We will not be responsible for any unauthorized transaction, error, or claim for transactions included in this statement. WHEN IS A TRANSACTION UNAUTHORIZED? A transaction is an unauthorized transaction when it is: • Missing a required signature or other evidence showing you have authorized it, or • Altered (for example, the amount of a check or the payee’s name is changed). You can notify us of errors on your account statements by promptly. STEPS TAKEN AFTER NOTICE OF UNAUTHORIZED ACTIVITY We investigate any reports of unauthorized activity on your account. After you submit a claim, we may require request you to: • Complete and return the claim form and any other documents we require, • Notify law enforcement, and require • Cooperate fully with us in our investigation. We can reverse any credit made to your account resulting from a claim of unauthorized transaction if you do not cooperate fully with us in our investigation or recovery efforts, or we determine the transaction was authorized. For specific information on unauthorized electronic fund transfers, see the “Liability for transactions covered by Regulation E” section in the “Electronic fund transfer services” part of the Agreement. EFFECTIVE DATE OF NOTICE OF UNAUTHORIZED ACTIVITY Any notice from you is effective once we receive it and have a reasonable opportunity to act on it. PROVISIONAL PAYMENT DISCLOSURE Credit given by the Credit Union to you with respect to an automated clearing house credit entry is provisional until we receive final settlement for such entry. If we do not receive final settlement, we are entitled to charge your account for the amount of provisional credit and applicable returned item fees. NOTICE DISCLOSURE Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, we are not required to give you next day notice to you of receipt of an ACH item, and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide you. CHANGE IN TERMS We may change the terms of the Electronic Fund Transfer Disclosure. If you have an account with us through which electronic transactions are being processed, you will receive written notice at least 21 days prior to the effective date of the change(s), or as otherwise provided by law. TERMINATION OF ELECTRONIC FUND TRANSACTION SERVICES Electronic services may be terminated if any of your Credit Union loans that you are primary, joint, borrower, or co-maker on, are in default. You may, by written request, terminate any of the electronic services provided for in this Disclosure. We may terminate your right to make electronic fund transactions at any time upon written notice, except where in our judgment, immediate termination without notice is necessary. If you ask us to terminate your account or the use of your Visa Debit Card, or any other access device or service, you will remain liable for prior authorized transactions performed on your account. ACTIONS TO PROTECT YOUR ACCOUNT PROTECTION OF CARD AND PIN You should securely protect your card and PIN from loss or theft. Each cardholder must have his or her own unique PIN for their card and is responsible for maintaining confidentiality of the PIN. Memorize the PIN, never write the PIN on the card or share it with anyone, including our employees. Never allow anyone else to use the card or PIN. If the card or PIN is given to another person, the account owner will be responsible for all transactions made by that person or anyone else to whom that person gives the card or PIN. Notify us immediately if the card is lost or stolen or is no longer secure. You should secure the mobile device the same as you would your cash, checks, credit cards, and other valuable information. We encourage you to password protect or lock your mobile device to help prevent an unautho- rized person from using it. It is your responsibility to protect the account numbers and electronic access devices (e.g., a debit card) we provide you for your account(s). You agree not to discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. If you provide access to your device to another person (a family member or friend, for example) in connection with granting authority to that person to conduct funds transfers, and that person then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized allowing sufficient time prior to the transfers or transactions. Your account number can also be used to electronically withdraw money from your account. For example, if you provide your account number to an online merchant to purchase a service or merchandise, funds can be electronically withdrawn from your account. You must also take precaution in safeguarding your blank checks. Notify us immediately if you believe your checks have been lost or stolen. The following suggestions may be helpful. • Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility. • Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don’t leave them at the ATM or night deposit facility because they may contain important account information. • Compare your records with the account statements you receive. • Don’t lend your Visa® Debit card to anyone. • Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility. • Protect the secrecy of your Personal Identification Number (PIN). Protect your Visa® Debit card as if it were cash. Don’t tell anyone your PIN. Don’t give anyone information regarding your Visa® Debit card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner. Don’t write your PIN where it can be discovered. For example, don’t keep a note of your PIN in your wallet or purse. • Prevent others from seeing you enter your PIN by using your body to shield their view. • If you lose your Visa® Debit card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen. • When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lit. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility. • Don’t accept assistance from anyone you don’t know when using an ATM or night deposit facility. • If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, put away your card, and leave. You might consider using another ATM or coming back later. • Don’t display your cash; put it away as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding. • At a drive-up facility, make sure all the vehicle doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain alert to your surroundings. • We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately. [This page intentionally left blank.] [This page intentionally left blank.] [This page intentionally left blank.] xxxxxxxxxxxx.xxx | 800.666.8811 Member One Federal Credit Union is federally insured by the National Credit Union Administration.