Utah First Online and MobileBanking Agreement and Disclosure

This Online Banking Agreement and Disclosure (“Agreement”), as amended by Utah First Federal Credit Union (“Utah First”) from time to time, governs Utah First’s Online Banking service (“Online Banking”) described herein. Online Banking permits Utah First members to perform a number of banking functions on accounts linked to Utah First through use of a personal computer or other mobile device connected to the Internet. As used in this Agreement, the words “you,” “your” and “I” refer to a Utah First member signed up to use the use Online Banking. The words “we,” “us,” “our” and “Credit Union” refer to Utah First Federal Credit Union. By clicking “I Accept,” you confirm your agreement to be bound by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of this Agreement. When you use Online Banking or authorize others to use it, you agree to abide by the terms and conditions of this Agreement. This Agreement will be governed by and interpreted in accordance with all applicable federal and state laws and regulations.

Relation to Other Agreements:

Your use of Online Banking may be affected by your agreements with us for your deposit and loan accounts. In addition, when you link accounts to Online Banking, this does not change the agreement you already have with us on those accounts. For example, when you use Online Banking to access a deposit account, you do so under the terms and conditions we gave you in the agreement and disclosure for that deposit account. You should review those agreements for any limitations on the number of transfers you can make and for other restrictions, which might impact your use of an account with Online Banking services.

All Requests Relating to Entries through an Automated Clearing House (ACH) Must be Processed by Members Consistent with a Separate Agreement Specifically Identifying ACH Transactions

You agree to comply with any applicable state or federal law in connection with your use of Online Banking and the fulfillment of your obligations under this Agreement. You acknowledge that the ACH system may not be used in violation of, and that entries originated by you must comply with, the laws of the United States, including sanction laws administered by the Office of Foreign Asset Controls. Where a preauthorized debit entry from your account varies in amount from the previous debit entry, you agree to comply with the notice requirements set forth in the National Automated Clearing House Association Rules, the Electronic Funds Transfer Act, Regulation E of the Board of Governors of the Federal Reserve, as applicable. SEE OUR PUBLICATION CALLED “ELECTRONIC FUND TRANSFERS DISCLOSURE” FOR MORE INFORMATION ABOUT OUR OTHER ELECTRONIC FUND TRANSFER SERVICES.

General Agreement

In this Agreement, you specifically consent and agree that we may provide all disclosures, agreements, contracts, periodic statements, receipts, notices, modifications, amendments and all other evidence of our transactions with you or on your behalf electronically (hereinafter, all such documentation is referred to as “electronic record(s)”). To access these records, you must have a file reader, such as Adobe Acrobat®. You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. A fee for a statement reprint or check copy may be imposed. Also, you may withdraw your consent and revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement to receive electronic records, call, email or write us as set forth on the Fee Schedule.

You may make Online Transactions at any time, seven (7) days per week. There may be some down time. Except as is otherwise provided in the Fee Schedule or limits under other agreements with us, you may make fund transfers to your accounts or other accounts you authorize as often as you like; however, there are certain limitations on transfers from savings accounts, as directed herein and above. Account balance and transaction history information may not show all account activity involving your accounts.

You may not obtain account information related to accounts other than your accounts to which you have requested a transfer and have authorization to access.

You may access your accounts through a personal computer (“PC”) or other Mobile Device under the Online Banking service. You must use your Password along with your User ID to access your accounts. You may use Online Banking to:

◊ Change your Password.
◊ Access electronic versions of your periodic statements, or E-Statements.
◊ Obtain account information related to any of your savings and loan accounts regarding current balance, checking history, savings dividends and rates, loan interest and payoff amounts, payroll and automatic deductions.
◊ Make transfers to or from your savings and checking.
◊ Request advances on your personal or home equity line of credit loans, deposit the proceeds in any of your accounts or have the proceeds mailed directly to you at the mailing address listed for your account.
◊ Withdraw funds from savings, checking and line of credit accounts by Check made payable to you and mailed to you at your mailing address.
◊ Make loan payments from any savings or checking account to any loan account of yours.
◊ Issue payments to a third-party under Utah First’s Bill Pay service.
◊ Set up Mobile Banking, including downloading the Mobile App and setting up Mobile Text Services.
◊ Organize your Online Financial Management portfolio specifically for you.
◊ Participate in Remote Deposit Capture by depositing checks from you Mobile device or home PC.

You understand and agree that transactions and/or Account information changes performed on your Account by electronic means where your User ID and Password are utilized and/or where the security procedure described below is utilized shall be considered authorized by you.

E-Statements and Electronic Disclosures

If you choose to receive E-Statements, you will be notified by email when your E-Statement is available online. Your E-Statements will contain the same information as the paper version you have been receiving, which includes: account balances, transaction activity, electronic funds transfer information, year-to-date interest and error notification procedures. Your E-Statements will be available to you for twenty-four (24) months prior to being purged. You agree it is your responsibility to examine each E-Statement and report any irregularities or disputes to Utah First within sixty (60) days of email notification of statement availability. You may order duplicate statement copies for a fee by calling (801) 320-2600 or (800) 234-0729 or by writing Utah First at 200 E South Temple, Salt Lake City, UT 84111. You acknowledge that anyone with online access to your Account may access your E-Statements.

Utah First will not send you a paper copy of any communication unless you request it or you otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic communication by printing it yourself or by contacting Utah First at the number and/or address provided above. You understand that if you request paper copies, they will be provided to you at a cost disclosed on the Fee Schedule.

In addition to E-Statements, we reserve the right to deliver any and all important notices allowed by law electronically. Utah First will notify you by email about any changes in terms or fees to the above services and disclosures. These updated disclosures will be made available to you electronically.

It is your responsibility to update your email address through Online Banking as necessary. Any changes you make to your Account information may affect the electronic delivery of disclosures and account statements. If your email notification is returned undeliverable, online statements will remain available through your Online Banking Account for up to 24 months. However, if you do not provide us with an updated email address, E-Statements will be discontinued and paper statements will be mailed to your mailing address on file with the Credit Union.

In order to receive these electronic communications, your computer system must meet the minimum system requirements set forth below. In addition, upon agreeing to receive electronic notifications, you agree to have and maintain the proper equipment/software to print any disclosures or account statements that are emailed to you and/or made available on the Credit Union’s website. Alternatively, you agree to have and maintain the ability to electronically save and visually display on your computer screen any disclosures and/or account statements.

All communications in either electronic or paper format from Utah First to you will be considered “in writing.” You should print or download for your records a copy of your online statements, this Agreement, and any other disclosures or communications.

You may discontinue your ongoing consent to receive electronic delivery of disclosures and reinstate paper disclosures at any time by contacting the Credit Union. Such withdrawal will become effective no later than thirty (30) days after receipt of the request.

Equipment and Software Requirements

To receive electronic records and to access our Online Banking services, you need a computer with Internet access and a web browser (such as Microsoft Internet Explorer®, Mozilla Firefox®, Safari® or an equivalent). Use and access to our Online Banking requires the use of a browser that supports 128 bit encryption and is Java and Cookies enabled. You are responsible for the set-up and maintenance of your home computer and Internet Service Provider (“ISP”), which supports the encryption requirements of our Online Banking systems. Contact the Credit Union to see if your equipment is compatible.

By requesting any electronic funds transfer, Online Banking, other electronic services or transactions, by submitting any application or agreement to us electronically, or by emailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you.

Performance of Electronic Service and Warranty Disclaimer

In no event will we be liable for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use our services, or for any loss of any data, even if we have been informed of the possibility of such damages. Further, we make no warranty, express or implied, to you regarding your equipment, including any warranty of merchantability or fitness for a particular purpose, including, but not limited to, any Online Banking services provided to you under this or any other agreement with us.

We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract, in tort or based on a warranty. Further, in no event shall the liability of the Credit Union and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.

Virus Protection

We are not responsible for any electronic virus or viruses that you may encounter. The Credit Union suggests that you routinely scan your PC using a reliable virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and/or destroy your programs, files and even your hardware.

Electronic Signature

You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and Utah First.

Electronic Records

To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may, in our discretion, store all records electronically, and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation, including, but not limited to, checks, transaction records, notes, mortgages, deeds of trust and other loan and/or security documentation. You further acknowledge and understand that we will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third party processors that we approve for these services. You agree that such storage shall be secure, and further agree that such records shall, for all purposes, be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.

Email and Facsimile Communication

You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any losses, claims or damages arising or in any way related to our response(s) to any email or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any email or other electronic communication; we may respond to an email at either the address provided with the communication, the email address in your Membership Application or any other application or written communication actually received by us.

Any Account Owner, Co-borrower or Authorized User may change the email address for statements or other information from us at any time. Although having no obligation to do so, we reserve the right to require authentication of emails or electronic communications. The decision to require such is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction. Further, the Credit Union may not immediately receive email communications that you send. We will not take action based on email requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through email communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction, stop payment request, or otherwise, you may call Utah First at the telephone number provided in the Fee Schedule.

Links to Other Sites

Our website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Credit Union of the contents on such third party websites. Utah First is not responsible for the content or support of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

Controlling Law and Users’ Responsibilities

Our website and the electronic services that we provide (excluding linked sites) are controlled by Utah First and/or our Access Service Provider (“ASP”). The Credit Union’s principal office is located in the State of Utah, which law governs this Agreement. You may choose to access our website and electronic services from any location, we make no representation that any information, materials, or functions included in our website or via our electronic service are appropriate or authorized for use in all jurisdictions.

Your access from other locations is made on your own initiative; you are solely responsible for compliance with any applicable local laws and regulations.

Insufficient Funds Transactions

If your account balance is insufficient to cover any transaction(s), we may treat these transactions as insufficient funds transactions. The Credit Union reserves the right to refuse any transaction. The decision shall be at the Credit Union’s discretion.

Electronic Processing and Transactions

Due to the processing systems for electronic transactions used in the United States and by us, a payment or order transaction may be effective/posted before we are open for business on the date scheduled for the payment or other transaction. Therefore, you are responsible for insuring that your account(s) have sufficient balances as applicable for the scheduled payment/transaction one business day prior to the date scheduled. If a payment is due on a Saturday, Sunday or Federal holiday, the payment may occur on either the first business day after the due date or the business day prior to the due date. In these cases, you should plan to have the payment initiated on the last business day before any of these days to ensure you payment is made on time. You may not make payments and/or transactions to a federal, state or local governmental or tax unit, pay child-support or alimony, or to make payments to other categories of payees that we establish from time to time using our electronic services.

Preauthorized Transaction

If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify the Credit Union verbally or in writing in time for us to receive your request at least three (3) business days or more before the scheduled date of the transfer. Utah First may require written confirmation of the stop payment order to be made within fourteen (14) days of a verbal notification. If we do require the written confirmation, the verbal stop payment order shall cease to be binding fourteen (14) days after it has been made. This means the preauthorized payment and future preauthorized payments to the payee you identify may be paid by us from your account(s) after the 14th day.

If you order us to stop a preauthorized transfer three (3) business days before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit, the next date of the debit and the exact name of the payee, and we do not do so, we will be liable for your losses or damages proximately caused by our failure.

Mobile Banking (WAP)

Mobile Banking (WAP) is a financial information management service that allows you access to your accounts, view balances and transaction history, initiate transactions and pay bills using compatible and supported mobile devices. When you register for Mobile Banking, designated accounts and payees linked to your Online Banking account will be accessible to you on your mobile device. These services require a web-enabled device that supports WAP browsers and whose network allows SSL (Secure Socket Layer) encrypted traffic.

To utilize Mobile Banking, you must first enroll in Online Banking and then activate your Mobile Device within the Online Banking system.

Mobile Banking is a free service provided by the Credit Union. Your wireless carrier may assess fees for Internet service or web access. Check with your mobile service provider for details.

The Credit Union reserves the right to limit the types and number of accounts eligible and the right to refuse any transaction your request through Mobile Banking. The Credit Union also reserves the right to modify this Agreement at any time.

You may access your accounts through Mobile Banking 24 hours a day, seven days a week, unless the system is unavailable for necessary system maintenance. You may make transfers from one account to another within the Credit Union at any time and view your most recent account information. Transactions entered after 8:00 p.m. may be processed the next business day. Any transactions scheduled on a weekend or Federal holiday will be processed on the next business day. Your monthly account statement will show all your electronic transactions.

Mobile Banking Service Availability. We will use reasonable efforts to make Mobile Banking available for your use on a continuous basis. We do not guarantee functionality of Mobile Banking on all Mobile Devices, on all communication networks, in all geographic regions, or at all times. Mobile Banking may be temporarily unavailable for regular or emergency maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to Mobile Banking may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish Mobile Banking in those instances, but we do not promise that Mobile Banking will always be available for your use. We may elect to discontinue Mobile Banking (or any of the services provided through Mobile Banking) at any time. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice.

Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, Mobile Banking may not be supported by all Mobile Devices. Utah First cannot guarantee, nor is responsible for, the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.

We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.

In case of a disaster, your Mobile Banking service may be suspended in order to allow emergency responding personnel to use the cellular networks.

Relationship to Other Agreements. You agree that when you use Mobile Banking you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, T-Mobile, Verizon, Sprint, US Cellular, etc.), 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 Mobile Banking (for example, your mobile service provider may impose data usage charges for your use or interaction with Mobile Banking, or other charges for use of your mobile device when using products or services provided by Mobile Banking), and you 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 that you’re mobile service provider is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly without involving Utah First. You also agree that if you have any problems with Mobile Banking, you will contact us directly.

Your Obligations – You Represent and Agree to the Following When You Enroll and Access Mobile Banking:

Account Ownership/Accurate Information. You represent that you are the legal owner of the account(s) and other financial information, which could be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up-to-date and accurate. You represent that you are an authorized user of the mobile device you will use to access Mobile Banking.

Preventing Misuse of Your Account. Your role is extremely important in the prevention of any wrongful use of your account. You should promptly examine your statement upon receipt. If you find that your records and our records disagree, you must contact Utah First in a timely manner (refer to the Electronic Funds Transfer Disclosure). Immediately contact your cell phone provider if your phone is lost or stolen so service can be terminated on the lost or stolen phone.

Safeguard Your Online Password. The password that is used to gain access to your Mobile Banking should be kept confidential. For your protection, we recommend that you change your password regularly. We recommend that you memorize this password and do not write it down. Never save your password in a file on your cell phone. You are responsible for keeping your Online Banking and Mobile Banking password, account numbers, User ID and other account data confidential. If you believe your password may have been lost or stolen or that someone has used or will use your account without your permissions, notify Utah First at (801) 320-2600 or (800) 234-0729.

User Conduct. You agree that you will not use Mobile Banking and the content or information delivered through Mobile Banking in any way that would:

◊ Infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights of software;
◊ Be fraudulent or involve the sale of counterfeit of stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity;
◊ Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
◊ Be false, misleading or inaccurate;
◊ Create liability for the Credit Union, our affiliates or service providers, or cause the Credit Union to lose (in whole or in part) the services of any of our service providers;
◊ Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
◊ Potentially be perceived as illegal, offensive or objectionable;
◊ Interfere with or disrupt computer networks connected to Mobile Banking;
◊ Interfere with or disrupt the use of Mobile Banking by any other user; or . Use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

No Commercial Use or Re-Sale. You agree that the service of Mobile Banking is only for the personal or business use of individuals authorized to access your account information. You agree not to commercially market Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.

Indemnification. Unless caused by the Credit Union’s intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Utah First and 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 (a) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with Mobile Banking; (b) your violation of any law or rights of a third party; (c) your use, or use by a third party, of Mobile Banking.

Changes to Fees and Other Terms. Utah First does not charge a fee for using Mobile Banking at this time. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with Utah First’s Fee Schedule.

We may change this Agreement at any time by sending notice to you either electronically or via US mail. You may choose to accept or decline the change. By continuing to use any Mobile Banking service to which a notice relates, you are deemed to accept the changes relating to that service.

User ID and Password. Your username and password are defined by you. You can change your password at any time and we recommend that you change it regularly. If you forget your password, you can set up a Reset Password feature in Online Banking that will allow you to create a new password. If you enter in the wrong password too many times, your Mobile Banking will freeze and you will need to contact Utah First to unfreeze and reset the password. If you share your username and password with other to act on your behalf, you are responsible for all activity performed under your user name and password.

Biometric Identification. Utah First may offer fingerprint identification such as Touch ID. You can turn this feature on or off and it is not required to in order to use Mobile Banking. Utah First does not have access to your fingerprint information. If you choose to save your User ID and Password, which is required to enable Touch ID, they will be encrypted and stored in your device’s Apple iOS Keychain. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your account(s) at Utah First. We caution you against storing the fingerprints of others on your device. By doing so, you are authorizing them to have access to the funds and information in your account(s). Utah First reserves the right to suspend or disable this feature at anytime. For information on how Apple or other biometric systems stores fingerprints, please see the appropriate Privacy Policy and/or Security Guide. Call Utah First immediately if your mobile devices is lost, stolen, or compromised in any way.

Virus Protection. Utah First is not responsible for malicious software you may encounter. We encourage members to routinely scan their Mobile Devices using a reliable product to detect and remove malicious software. Undetected or un-repaired malicious software may corrupt and destroy your programs, files and even your hardware. Additionally, you may transmit the malicious software to other devices.

Damage to Equipment. We are not responsible for interruption of service due to loss of electric power or lack of cellular service, nor are we responsible for loss or damage to your mobile device resulting directly or indirectly from the use of Mobile Banking.

Cancellation. You may cancel your participation in Mobile Banking by logging onto your Online Banking account and deselecting Mobile Banking, or you can call Utah First at (801) 320-2600 or (800) 234-0729. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

Mobile Payments. This Agreement covers your rights and responsibilities when adding your Utah First Credit Card or Check Card to a Mobile Payment App. By creating or activating a Mobile Payment App you, you agree to the following terms and conditions.

Mobile Payment Definitions:

Mobile Text (SMS)

Mobile Text (SMS) allows you to text specific keywords to request basic account information such as account balances and transaction history. This service requires a mobile device that is able to receive SMS text messaging.

To utilize Mobile Text, you must first enroll in Online Banking and then activate your mobile device within the Online Banking system.

Mobile Text is a free service provided by the Credit Union. Your wireless carrier may assess fees for text messaging. Check with your mobile service provider for details.

The Credit Union reserves the right to limit the types and number of accounts eligible for Mobile Text as well as any requests made through Mobile Text. The Credit Union also reserves the right to modify Mobile Text at any time.

You may receive account balance and history information through Mobile Text 24 hours a day, seven days a week, unless the system is unavailable for necessary system maintenance.

Mobile Text may not be accessible or may have limited utility over some network carriers. In addition, Mobile Text may not be supported by all mobile devices. Utah First cannot guarantee, nor is responsible for, the availability of data services provided by your mobile carrier, such as outages or “out-of-range” issues.

Mobile Text Availability. We will use reasonable efforts to make Mobile Text available for your use on a continuous basis. We do not guarantee functionality of Mobile Text on all mobile devices, on all communication networks, in all geographic regions or at all times. Mobile Text may be temporarily unavailable for regular or emergency maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to Mobile Text may be interrupted because of conditions beyond our control, including wireless carrier outages and availability. We will use commercially reasonable efforts to promptly re-establish Mobile Text in those instances, but we do not promise Mobile Text will always be available for your use. We may elect to discontinue Mobile Text, (or any of the services provided through Mobile Text), at any time. If we choose to discontinue Mobile Text, we will provide you with reasonable notice.

We make no representation that any content or use of Mobile Text is available for use in locations outside of the United States. Accessing Mobile Text from locations outside of the United States is at your own risk.

In case of a disaster, your Mobile Text service may be suspended in order to allow emergency and responding personnel to use the cellular networks.

Relationship to Other Agreements. You agree that when you use Mobile Text, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, US Cellular, etc.), 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 Mobile Text (for example, you mobile service provider may impose text message charges for your use or interaction with Mobile Text), and you 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 that your mobile service provider is not the provider of Mobile Text. Accordingly, you agree to resolve any problems with your carrier or provider directly without involving Utah First. You also agree that if you have any problems with Mobile Text, you will contact us directly.

Your Obligations – You Represent and agree to the following when you enroll and access Mobile Text:

Account Ownership/Accurate Information. You represent that you are the legal owner of the account(s) and other financial information, which could be accessed via Mobile Text. You represent and agree that all information you provide to us in connection with Mobile Text is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Text. You agree not to misrepresent your identity or your account information. You agree to keep your account information up-to-date and accurate. You represent that you are an authorized user of the Mobile Device you will use to access Mobile Text.

Preventing Misuse of Your Account(s). Your role is extremely important in the prevention of any wrongful use of your account(s). You should promptly examine your statements upon receipt. If you find that your records and ours disagree, you must contact Utah First in a timely manner (Refer to the Electronic Funds Transfer Disclosure). Immediately contact your cell phone provider if your phone is lost or stolen so service can be terminated on the lost or stolen phone.

Safeguard Your Password. You are responsible for keeping your passwords, account numbers, User ID and other account data confidential. If you believe that your Online Banking password may have been lost or stolen, or that someone has used or will use your account without your permission, notify Utah First at (801) 320-2600 or (800) 234-0729.

Indemnification. Unless caused by the Credit Union’s intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Utah First and 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 (a) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with Mobile Text; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Text.

Changes to Fees and Other Terms: Utah First does not charge a fee for using Mobile Text at this time. In the future, we may add to or enhance the features of Mobile Text. By using such added or enhanced features, you agree to pay for them in accordance with Utah First’s Fee Schedule.

We may change this Agreement at any time by sending notice to you either electronically or via US mail. You may choose to accept or decline the change. By continuing to use any Mobile Text service to which a notice relates, you are deemed to accept the changes relating to that service.

Cancellation. You may cancel your participation in Mobile Text by accessing your services from your Online Banking or by contacting Utah First at (801) 320-2600 or (800) 234-0729. We reserve the right to change or cancel Mobile Text at any time without notice. We may also suspend your access to Mobile Text at any time without notice and for any reason, including, but not limited to, your non-use of Mobile Text. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Text.

Mobile Banking App

Mobile Banking App is software that, once downloaded to your mobile device, allows you access to your accounts, view balances and transaction history, initiate transactions and pay bills using compatible and supported mobile devices. You may also qualify for Remote Deposit Services, allowing you to deposit checks using your mobile device. When you download Mobile Banking App, designated accounts and payees linked to your Online Banking account will be accessible. You can download Mobile Banking App to your iPhone from the App Store or to any other mobile device at the Play Store.

To utilize Mobile Banking App, you must first enroll in Online Banking.

Mobile Banking App is a free service provided by the Credit Union. Your wireless carrier may assess fees for Internet service or web access. Check with your mobile service provider for details.

The Credit Union reserves the right to limit the types and numbers of accounts eligible for Mobile Banking App as well as any transactions you request using Mobile Banking App. The Credit Union also reserves the right to modify this Agreement at any time.

You may access your accounts through Mobile Banking App 24 hours a day, seven days a week, unless the system is unavailable for necessary system maintenance. You may make transfers from one account to another within the Credit Union at any time and view your most recent account information. Transactions entered after 8:00 p.m. may be processed the next business day. Any transactions scheduled on a weekend or Federal holiday will be processed on the next business day. Your monthly account statement will show all your electronic transactions.

Mobile Banking App Service Availability. We will use reasonable efforts to make the services of Mobile Banking App (the “Services”) available for your use on a continuous basis. We do not guarantee functionality of Mobile Banking App on all mobile devices, on all communication networks, in all geographic regions, or at all times. The Services may be temporarily unavailable for regular or emergency maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to Mobile Banking App may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish the Services in those instances, but we do not promise that the Services will always be available for your use. We may elect to discontinue Mobile Banking App, (or any of the Services provided through Mobile Banking App), at any time. If we choose to discontinue Mobile Banking App, we will provide you with reasonable notice.

The Services of Mobile Banking App may not be accessible or may have limited utility over some network carriers. In addition, Mobile Banking App may not be supported by all mobile devices. Utah First cannot guarantee, nor is responsible for, the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.

We make no representation that any content or use of Mobile Banking App is available for use in locations outside of the United States. Using Mobile Banking App from locations outside the United States is at your own risk.

In case of a disaster, your Mobile Banking App Services may be suspended in order to allow emergency responding personnel to use the cellular networks.

Relationship to Other Agreements. You agree that when you use Mobile Banking App you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, T-Mobile Verizon, Sprint, US Cellular, etc.), 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 Mobile Banking App (for example, your mobile service provider may impose data usage charges for your use or interaction with Mobile Banking App, or other charges for use of your Mobile Device when using products or services provided by Mobile Banking App), and you 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 that you’re mobile service provider is not the provider of Mobile Banking App. Accordingly, you agree to resolve any problems with your carrier or provider directly without involving Utah First. You also agree that if you have any problems with Mobile Banking App, you will contact us directly.

Your Obligations – You Represent and Agree to the Following When You Enroll and Access Mobile Banking App:

Account Ownership/Accurate Information. You represent that you are the legal owner of the account(s) and other financial information, which could be accessed via Mobile Banking App. You represent and agree that all information you provide to us in connection with Mobile Banking App is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Services provided through Mobile Banking App. You agree not to misrepresent your identity or your account information. You agree to keep your account information up-to-date and accurate. You represent that you are an authorized user of the mobile device you will use to download Mobile Banking App.

Preventing Misuse of Your Account. Your role is extremely important in the prevention of any wrongful use of your account. You should promptly examine your statement upon receipt. If you find that your records and our records disagree, you must contact Utah First in a timely manner (refer to the Electronic Funds Transfer Disclosure). Immediately contact your cell phone provider if your phone is lost or stolen so service can be terminated on the lost or stolen phone.

Safeguard Your Online Password. The password that is used to gain access to the Mobile Banking App and its Services should be kept confidential. For your protection, we recommend that you change your password regularly. We recommend that you memorize this password and do not write it down. Never save your password in a file on your cell phone. You are responsible for keeping your Online Banking and password, account numbers, User ID and other account data confidential. If you believe your password may have been lost or stolen or that someone has used or will use your account without your permissions, notify Utah First at (801) 320-2600 or (800) 234-0729.

User Conduct. You agree that you will not use Utah First App and the content or information delivered through Utah First App in any way that would:

◊ Infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights of software;
◊ Be fraudulent or involve the sale of counterfeit of stolen items, including, but not limited to, use of Mobile Banking App to impersonate another person or entity;
◊ Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
◊ Be false, misleading or inaccurate;
◊ Create liability for the Credit Union, our affiliates or service providers, or cause the Credit Union to lose (in whole or in part) the services of any of our service providers;
◊ Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
◊ Potentially be perceived as illegal, offensive or objectionable;
◊ Interfere with or disrupt computer networks connected to Utah First;
◊ Interfere with or disrupt the use of Mobile Banking App by any other user; or
◊ Use Mobile Banking App in such a manner as to gain unauthorized entry or access to the computer systems of others.

No Commercial Use or Re-Sale. You agree that the Services of Mobile Banking App are only for the personal or business use of individuals authorized to access your account information. You agree not to commercially market Mobile Banking App or resell, lease, rent or distribute access to Mobile Banking App.

Indemnification. Unless caused by the Credit Union’s intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Utah First and 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 (a) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with Mobile Banking App; (b) your violation of any law or rights of a third party; (c) your use, or use by a third party, of Mobile Banking App.

Changes to Fees and Other Terms Utah First does not charge a fee for using Mobile Banking App at this time. In the future, we may add to or enhance the features of Mobile Banking App. By using such added or enhanced features, you agree to pay for them in accordance with Utah First’s fee schedule.

We may change this Agreement at any time by sending notice to you either electronically or via US mail. You may choose to accept or decline the change. By continuing to use any Mobile Banking App Services to which a notice relates, you are deemed to accept the changes relating to that service.

User ID and Password: Your User ID and password are defined by you. You can change your password at any time and we recommend that you change it regularly. If you forget your password, you can set up a Reset Password feature in Online Banking that will allow you to create a new password. If you enter in the wrong password too many times, your access to Mobile Banking App Services will freeze and you will need to contact Utah First to unfreeze and reset the password. If you share your username and password with another to act on your behalf, you are responsible for all activity performed under your user name and password.

Virus Protection. Utah First is not responsible for malicious software you may encounter. We encourage members to routinely scan their mobile devices using a reliable product to detect and remove malicious software. Undetected or un-repaired malicious software may corrupt and destroy your programs, files and even your hardware. Additionally, you may transmit the malicious software to other devices.

Damage to Equipment. We are not responsible for interruption of service due to loss of electric power or lack of cellular service, nor are we responsible for loss or damage to your Mobile Device resulting directly or indirectly from the use of Mobile Banking App.

Cancellation. You may cancel your participation in Mobile Banking App by deleting the software from your Mobile Device. We reserve the right to change or cancel your Mobile Banking App Services at any time without notice. We may also suspend your access to Mobile Banking App Services at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking App. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking App.

Mobile Payments

This Agreement covers your rights and responsibilities when adding your Utah First Credit Card or Check Card to a Mobile Payment App. By creating or activating a Mobile Payment App you, you agree to the following terms and conditions.

Mobile Payment Definitions:

◊ Mobile Payment Apps. There are numerous Mobile Payment Apps also known as Digital Wallets. When you add a Utah First Credit or Debit Card to a Mobile Payment App, it allows you to use the Card to pay for goods and services, where the specific Mobile Payment system is accepted. The Mobile Payment App may not be accepted at all places where your Utah First Card is accepted.
◊ ApplePay. Is an example of a Mobile Payment App.
◊ Tokenization. The process of delivering secure mobile payments through mobile phones, tablets and other connected devices. Tokenization eliminates the need for merchants to receive a customer’s card number.
◊ Apple Watch. Apple Watch supports payment at POS with NFC support, but not in-application purchases. Apple Watch can only be paired with the iPhone 5, 5c, 5s, 6, or 6 plus running iOS 8.2 or later, the passcode and wrist detection on the Apple Watch must be turned on, and an iCloud account is required.
◊ Eligible Card. Not all card types are authorized by Mobile Payment Providers.
◊ Near Field Communications (NFC). NFC is the technology that passes the token from the mobile device to the payment system.
◊ Good Standing. If your Utah First Card or underlying account is not in good standing, that Card and/or account will not be eligible to enroll in Mobile Payments or be used for mobile payments.

Adding a Utah First Credit Card or Check Card. You can add an eligible Card to a Mobile Payment App by following the instructions of the Mobile Payment App provider. Only Cards that we indicate are eligible can be added to the Mobile Payment App.

Your Utah First Card Terms Do Not Change. The terms and account agreement that govern your Utah First Card do not change when you add your Utah First Card to a Mobile Payment App. The Mobile Payment App simply provides another way for you to make purchases with the Utah First Card. Any applicable interest, fees, and charges that apply to your Utah First Card will also apply when you use a Mobile Payment App to access your Utah First Card. Utah First does not charge you any additional fees for adding your Utah First Card to a Mobile Payment App or using your Utah First Card through a Mobile Payment App. The Mobile Payment App provider and other third parties such as wireless companies or data service providers may charge you fees

Relationship to Other Agreements. You agree that when you use a Mobile Payment App you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., Apple, T-Mobile, AT&T, Verizon, Sprint, US Cellular, etc.), 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 a Mobile Payment App (for example, your mobile service provider may impose data usage charges for your use or interaction with Utah First Card, or other charges for use, and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider and Mobile Payment App provider is responsible for its products and services, and that your mobile service provider is not the provider of your Utah First Card. Accordingly, you agree to resolve any problems with your carrier or digital Mobile Payment App provider directly without involving Utah First. You also agree that if you have any problems with Mobile Banking App, you will contact us directly.

Utah First Is Not Responsible for the Mobile Payment App. Utah First is not the provider of the Mobile Payment App, and we are not responsible for providing the Mobile Payment service to you. We are only responsible for supplying information securely to the Mobile Payment provider to allow usage of the Utah First Card in the Mobile Payment App. We are not responsible for any failure of the Mobile Payment System or the inability to use the Mobile Payment App for any transaction. We are not responsible for the performance or non-performance of the Mobile Payment App provider or any other third parties regarding any agreement you enter into with the Mobile Payment App provider or associated third party relationships that may impact your use of the Mobile Payment App.

Contacting You Electronically and by Email. You consent to receive electronic communications and disclosures from us in connection with your Utah First Card and Mobile Payment App. You agree that we can contact you by email at any email address you provide to us in connection with any Utah First account. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.

Removing Your Utah First Card from the Mobile Payment App. You should contact the Mobile Payment App provider on how to remove a Utah First Card from the Mobile Payment App. We can also block a Utah First Card in the Mobile Payment App from purchases at any time.

Governing Law and Disputes. These Terms are governed by federal law and, to the extent that state law applies, the laws of the state of Utah apply to the agreement under which your Utah First Card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your Utah First Card agreement.

Ending or Changing these Terms; Assignments. We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. We can also assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all Utah First Cards from the Mobile Payment App. You may not assign these Terms.

Privacy. Your privacy and the security of your information are important to us. You agree that we may share your information with the Mobile Payment App provider, a payment network, and others in order to provide the services you have requested, and to make information available to you about your Utah First Card transactions. We do not control the privacy and security of your information that may be held by the Mobile Payment App provider and that is governed by the privacy policy given to you by the Mobile Payment App provider.

Notices. We can provide notices to you concerning these Terms and your use of a Utah First Card in a Mobile Payment App by posting the material on our website, through electronic notice given to any email we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at: (801) 320-2600 or (800) 234-0729.

Questions. If you have any questions, disputes, or complaints about the Mobile Payment App, contact the Mobile Payment App provider using the information given to you by the provider. If your question, dispute, or complaint is about your Utah First Card, then contact us at: (801) 320-2600 or (800) 234-0729

Bill Payment Services

This Agreement covers your rights and responsibilities concerning Utah First’s unique online bill payment service, which enables you to bring together, in one convenient location, summary information from as many bills as you wish, provided the person or entity to whom the bill is owed (“Payee”) makes this information available in an acceptable manner for online retrieval and is approved by you. By utilizing these services, you agree to the following terms and conditions.

Bill Payment Definitions:

◊ Bill Payment. Bill Payment means the online bill payment service offered by Utah First through its Online Banking.
◊ Payee. Payee is the person or entity to which you wish a bill payment be directed, or is the person or entity from which you receive electronic bills, as the case may be.
◊ Payment Instruction. Payment Instruction is the information provided by you through Bill Payment to Utah First for a bill payment to be made to the Payee, (such as Payee name, Payee account number, scheduled payment date, etc.).
◊Payment Account. Payment Account is the checking account you have with Utah First from which payments will be debited.
◊ Billing Account. Billing Account is the checking account from which all service fees will be automatically debited.
◊ Business Day. Business Day includes every Monday through Friday, excluding Federal Holidays.
◊ Scheduled Payment Date. Scheduled Payment Date is the day you want your Payee to receive payment, and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the prior Business Day.
◊ Scheduled Payment. Scheduled Payment is a payment that has been scheduled through Bill Payment but has not yet begun processing.

Accessibility. In order to access Bill Payment, you must first be enrolled in Online Banking. Within your Online Banking account, you must have an email address on record. This email address will also be used for e-Bill and, therefore, should be kept updated and current.

Method of Payment. When you sign up for Bill Payment, you must designate a checking account with us as your Payment Account. You cannot designate a savings or any other type of account for this purpose. We will make payments for you from this account, either electronically or using a paper draft drawn on your Payment Account. It may take up to ten (10) Business Days to reach your Payee. You agree to maintain a balance in your Payment Account that is sufficient to fund all payments you initiate; you further agree that we may charge a service fee for any returned payment, including but not limited to, returns resulting from insufficient funds in your Payment Account, the fact that your Payment Account has been closed, or because you provided incorrect Payee account or routing information. You understand that if there are insufficient funds in your Payment Account, we may, but are not obligated to, advance the funds to make payment to your Payee. If we do so, you agree to pay us promptly on our request for any amount we have advanced, as well as any servicing fees that may apply.

Bill Payment Paying Process. You are responsible for your Bill Payment management, including establishing a Payment Account for each Payee, setting up Payee information through Online Banking, setting up bill presentment and scheduling payments. Payments will be remitted (sent) within one Business Day of the Scheduled Payment Date.

Payment Scheduling. Using Bill Payment, you can set up Payees by scheduling single payments or recurring payments. You must allow sufficient time for Payees to process your payment after they receive a transfer from Utah First. Please allow sufficient lead-time prior to your bill’s due date. The Credit Union cannot guarantee the time that any payment will be credited to your account by the Payee and will not be liable for any service fee, late charge or finance charge from the Payee. You are also solely responsible for any loss or penalty that may occur due to insufficient funds or other conditions that may prevent the withdrawal of funds from your Payment Account.

Single Payments. A single payment will be processed on the Business Day that you designate as the Scheduled Payment Date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by Utah First, is currently 1:00 p.m. Mountain Time. A single payment submitted after the cut-off time on the designated Scheduled Payment date may be processed on the next Business Day. If you designate a non-Business Day as the Scheduled Payment Date, the payment will be processed on the first Business Day following the designated Scheduled Payment Date.

Recurring Payments. When a recurring payment is processed, it is automatically rescheduled by the Bill Payment system. Based upon your selected frequency settings for the payment, a Scheduled Payment Date is calculated for the next occurrence of the payment. If the calculated Scheduled Payment Date is a non-Business Day, it is adjusted to process the payment on the Business Day prior to the Scheduled Payment Date. If your frequency settings for the recurring payment specify the 29th, 30th and 31st as a particular day of the month for processing, and that day does not exist in the month of the calculated Scheduled Payment Date, then the last calendar day of that month is used as the calculated Scheduled Payment Date.

Right to Refuse Payment. You agree not to use Bill Payment to make payments to payees outside the United States, (a “Prohibited Payment”) or that are Specifically Designated Nationals by the Office of Foreign Asset Control. You further agree that the following payments (“Restricted Payments”) are discouraged, but may be scheduled at your own risk:

. Tax payments to the Internal Revenue Service or any state or other government agency,
. Court-ordered payments, such as alimony or child support, or
. Payments to insurance companies.

In the event we make an error in processing a Restricted Payment, you agree that we will not have any responsibility for any negative impact to you; you alone will be responsible for collecting any overpayment we have forwarded. The fact that we make a mistake in processing a Restricted Payment does not mean that we cannot collect from you or your account any funds we sent to the Payee on your behalf. We will not notify you if you attempt to make a Prohibited Payment or a Restricted Payment, and we will not be liable if we do not make a Prohibited Payment or a Restricted Payment. We may refuse to make any payment we believe to be prohibited by law.

IF YOU FAIL TO MAINTAIN A BALANCE IN YOUR PAYMENT ACCOUNT THAT IS SUFFICIENT TO FUND ANY PAYMENT THAT YOU INITIATE, WE MAY REFUSE TO MAKE ANY SUBSEQUENT PAYMENT FOR AS LONG AS WE DETERMINE NECESSARY OR APPROPRIATE, OR WE MAY TERMINATE THIS AGREEMENT.

In no event will Utah First be liable for any claims or damages resulting from your scheduling these types of payments through Bill Payment. The Credit Union has no obligation to research or resolve any claim resulting from a Prohibited Payment or Restricted Payment. All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not Utah First.

Utah First reserves the right to refuse to pay any Payee whom you may direct a payment. Bill Payment will notify you promptly if we decide to refuse to pay a Payee. This notification is not required if you attempt to make a Prohibited or Restricted Payment, however.

Payment Authorization. By providing Utah Frist with the names and account information of Payees to whom you wish to direct payments, you authorize us to follow your instructions. In order to process payments more efficiently and effectively, Utah First may edit or alter payment data or data formats in accordance with Payee directives.

When we receive your online payment instructions through Bill Payment, you authorize us to debit your Payment Account and remit funds on your behalf so that the funds arrive as soon as reasonable possible after the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account for payments returned to the Credit Union by the US Postal Service or the Payee, or payments remitted to you on behalf of another delegated user of Bill Payment.

Utah First will use its best efforts to make all your payments properly. However, we shall incur no liability if Utah First is unable to complete any payments initiated by you because of the existence of any one or more of the following:

◊ If, through no fault of Utah First, your Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account;
◊ If, through no fault of Utah First, the payment processing center is not working properly;
◊ You failed to provide Utah First with the correct Payment Account information, or the correct name, address, phone number or account number for the Payee; and/or
◊ Circumstances beyond the control of Utah First (such as, but not limited to, fire, flood or interference from an outside source) prevent the proper execution of the transaction and Utah First has taken reasonable precautions to avoid those circumstances.

Payment Cancellation. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within Bill Payment and Online Banking. There is no charge for canceling or editing a Scheduled Payment, but once we have begun to process a payment, the transaction cannot be cancelled or edited. Therefore, a stop payment request must be submitted once processing of the transaction has begun.

Stop Payments. Utah First’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may not have a reasonable opportunity to act on any stop payment request after payment has been processed through Bill Payment.

After a scheduled payment has been remitted, (but not yet paid from your account), you may stop payment by notifying Utah First at (801) 320-2600 or (800) 234-0729. Although we will make every effort to accommodate your request, the Credit Union will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such services as set out in the applicable Fee Schedule.

Regardless, we will continue to charge your Payment Account for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through Bill Payment, whichever occurs sooner.

Bill Delivery and Presentment. This feature is for the presentment of electronic bills only. It is your sole responsibility to contact your Payees directly if you do not receive your statements. If you elect to utilize these services, you agree to the following:

◊ Any changes or disputes to your account information with Payees that you utilize through this service will need to be made by contacting the Payee directly.
◊ Upon activation of your bill presentment service, Utah First will notify the Payee of your request for electronic billing. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills. In the event you do not receive your electronic bill, it is your responsibility to contact the Payee to ensure timely payments of all bills. It may take up to sixty (60) days, depending on the billing cycle of each Payee, for the presentment of your first electronic bill. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current.
◊ By utilizing the electronic bill payment service, you authorize us to obtain bill data on your behalf. We may request you provide your user name and password for that Payee. By providing us with such information, you authorize us to use the information to obtain bill data.
◊ Each Payee reserves the right to cancel your electronic bill at any time. You may cancel your electronic bill presentment at any time. The Credit Union will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.

YOU AGREE THAT WHEN UTAH FIRST IS ACCESSING AND RETRIEVING INFORMATION FROM PAYEE ACCOUNTS, UTAH FIRST IS ACTING AS YOUR AGENT WITH YOUR AUTHORITY. YOU AGREE THAT UTAH FIRST, ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THIS AUTHORIZATION AND WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) UTAH FIRST’S ACCESS TO THE PAYEE ACCOUNTS, (2) UTAH FIRST’S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE PAYEE ACCOUNTS, (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN CONTENT RETRIEVED FROM THE PAYEE ACCOUNTS, AND (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY PAYEE ACCOUNT.

Notification. Utah First will use its best efforts to present all of your electronic bills promptly. In addition to notification within Bill Payment, we may send email notifications to the email address listed for your account or notices through other devices. It is your sole responsibility to ensure that this information is accurate and update through Online Banking. You can set alerts for each of your Payees registered on Bill Payment. You are responsible for determining the criteria that governs the notices you receive; Bill Payment will send notices based upon the instructions you provide us. At any point, you can enable or disable notices, or delete notices altogether. In the event you do not receive notification, it is your responsibility to periodically logon to Bill Payment via Online Banking and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

You understand and accept that a notice is transmitted electronically and that you have no expectation of privacy with respect to such information. The information in the notice is encrypted and can be accessed, used or misappropriated by unintended third-party recipients. Utah First is not responsible for any unauthorized use or misappropriation of any and all information transmitted through a notice, nor do we guarantee the delivery or the accuracy of the contents of each notice. The delivery of a notice may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of a notice.

Cancellation of Electronic Bill Notification. The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The time frame for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle for each Payee. We will notify your electronic Payees as to the change in status of your account, and it is your sole responsibility to make arrangement for alternative forms of bill delivery. Utah First will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of Electronic Bill(s). You agree to hold the Credit Union harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

Accuracy and Dispute of Electronic Bill(s). The Credit Union is not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

Exclusions of Warranties. BILL PAYMENT AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UTAH FIRST MAKES NO WARRANTY OR REPRESNETATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EBILL, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BILL PAYMENT, THE ACCURACY OF ANY OF THE INFORMATION RETRIEVED BY UTAH FIRST FROM THE PAYEE ACCOUNTS OR THAT BILL PAYMENT WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Other Liability. You alone are liable for any bill payment requests you make that contain errors or are duplicates of another bill payment. Utah First is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment.

Utah First is not liable for any failure to make a bill payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a bill payment.

Utah First is not responsible for your acts or omissions, or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be Utah First’s agent.

Alterations and Amendments. This Agreement, applicable fees and service charges may be altered or amended by Utah First from time to time. In such event, the Credit Union shall provide notice to you. Any use of Bill Payment after we provide you a notice of the change(s) will constitute as your agreement to such change(s). Further, Utah First may, from time to time, revise or update the applications, services and/or related material, which may render all such prior versions obsolete. Consequently, the Credit Union reserves the right to terminate this Agreement as to all such prior versions of the applications, services and/or related material and limit access to only Bill Payment’s more recent revisions and updates.

Remote Deposit Services

This Agreement establishes the rules that govern the processing of deposited checks through your accounts at the Credit Union using Remote Deposit Services. From time to time, the Credit Union may amend any of the terms and conditions contained in this Agreement. Such amendments shall become effective as stated on any notice sent to you.

By using the Remote Deposit Services, you accept all the terms and conditions of this Agreement. Please read it carefully.

Rules, Laws and Regulations. You agree to abide by and comply with all local, state and federal rules, laws and regulations, including but not limited to, Regulation CC “Expedited Funds Availability Act,” its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act or the “Check 21 Act”), Bank Secrecy Act (BSA), and laws administered by the United States of America which are in existence as of the date of this Agreement and as amended from time to time.

Definitions. In addition to all the other terms defined herein, the following terms shall have the following meanings:

◊ Account(s). Account(s) shall mean the individual savings, checking or money market shares deposited with the Credit Union through the Remote Deposit Services.
◊ Check(s). Check(s) shall mean negotiable demand draft(s) drawn or payable through an office of a United States based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original check(s) and substitute check(s). Check(s) do not include noncash items payable in a medium other than United States Dollars. A draft may be a Check, even though it is described on its face by other terms, such as a ‘money order.’
◊ Image Item(s). Image Item(s) means digitized image(s) of Check(s) that are created by you and transmitted to the Credit Union using Remote Deposit Services.
◊ Remote Deposit Services. Remote Deposit Services means any of the Remote Deposit functions offered and/or used by you in connection with this Agreement, including optional and future services added by an addendum.
◊ System. System means the program that is maintained by the Credit Union, or other third parties, that you connect to through the Internet in order to access the Remote Deposit Services.

Services and Funds Availability. Once approved for Remote Deposit Services, you may use it to deposit Checks into your Account(s) with the Credit Union, subject to the terms of this Agreement. Checks deposited through Remote Deposit Services will be converted to Image Items for processing. The Services are subject to transaction limitations and the Funds Availability Disclosure, as set forth in below, as well as in your initial Membership Agreement. The Funds Availability Disclosure also includes the following provision as it relates to Remote Deposits:

Checks totaling more than $5,000 deposited on any one business day will be available to you according to our general policy. We are notifying you in advance that local Check deposits in excess of $5,000 made through Remote Deposit Services will generally be available on the second (2nd) business day after the day of deposit. This notice applies only to local Check deposits exceeding $5,000 and does not supersede the paragraph entitled ‘Special Rules for New Accounts’ or any other provision of our general policy. If we are not going to make all the funds from your deposit available as described herein, we will notify you of longer delays as required by the Funds Availability Disclosure.

By using Remote Deposit Services, you agree to receive any notice of longer delay via email communication to the email address provided on your Online Banking account.

Access. To use Remote Deposit Services, you must be registered with Utah First’s Online Banking. To access our Online Banking services, you need a computer or mobile device with Internet access and a web browser (such as Microsoft Internet Explorer®, Mozilla Firefox®, Safari® or an equivalent). Use of and access to our Online Banking requires the use of a browser that supports 128-bit encryption and is Java and Cookies enabled. You are responsible for the set-up and maintenance of your home computer, Internet Service Provider (“ISP”), and/or wireless provider, which supports the encryption requirements of our Online Banking systems. Contact the Credit Union to see if your equipment is compatible. Application upgrades may be required from time-to-time for continued use of Remote Deposit Services.

Remote Deposit Services are available 24 hours per day, 7 days per week, although some or all of the services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability before delivering the Checks to a branch office for processing.

Equipment or System Failure. In the event of a Remote Deposit System failure, you agree that, in order to deposit your Checks, you must deliver them directly to a Credit Union branch office for processing. If the Checks were scanned prior to the system failure, you must obtain our approval before delivering the Checks to a branch office for processing.

Transmission Deadlines. Transmissions originate from the Credit Union offices in Salt Lake City, Utah. IMAGE ITEM DEPOSITS INITIATED ON A BUSINESS DAY WILL BE POSTED AND MADE AVAILABLE ON THE FOLLOWING BUSINESS DAY.

In the event that we receive the Image Item from you on a day that is not a business day, the Image Item is deemed to have been received by us at the opening of the next business day. “Business day” means Monday through Friday, except observed Federal holidays. The Federal Reserve and/or the Credit Union, at its transmission office, will be closed on non-business days. In addition, you are responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.

Authorized Users. The Credit Union shall be entitled to rely on the apparent authority of any person who accesses Remote Deposit Services using valid User IDs and passwords, including such persons who may not be signers on your account. Except as otherwise provided by law, you will indemnify the Credit Union and hold it harmless for any loss or expense caused by any person with the apparent authority to access Remote Deposit Services. You agree to provide each Authorized User a copy of these terms in connection with their use of Remote Deposit Services. The Credit Union may elect to verify the authenticity or content of any transmission by placing a call to any authorized signer on your Account or at our discretion. We may deny your access to Remote Deposit Services without prior notice if we are unable to confirm any person’s authority to access Remote Deposit Services or if we believe such action is necessary for security reasons.

Security. You understand the importance of your role in preventing misuse of your Accounts associated with Remote Deposit Services, and you agree to promptly examine your paper or electronic statement for each of your Credit Union Accounts as soon as you receive it and notify us of any errors in accordance with this Agreement as well as your Membership Agreement. You agree to protect the confidentiality of your Account number, User ID and password. Data transmitted via Remote Deposit Services is encrypted in an effort to provide transmission security. Remote Deposit Services utilizes identification technology to verify that the sender and receiver of transmissions related to Remote Deposit Services can be appropriately identified by each other. Notwithstanding our efforts to ensure Remote Deposit Services are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur on the Internet and can be potentially monitored and read by others. We cannot and do not warrant that all data transfers utilizing Remote Deposit Services, or email transmitted to and from us will not be monitored or read by others. You agree to notify us immediately if you believe any passwords have been lost, stolen, used without your permission or otherwise compromised. Call us immediately at our Service Center, (801) 320-2600 or (800) 234-0729, if you any such events occur.

Use of Services. As a condition to using Remote Deposit Services, you agree that you are solely responsible for the use of your Remote Deposit Services and that you will use them in accordance with this Agreement. You agree not to attempt to circumvent the security features of the Remote Deposit Services or make any improper or unauthorized transfer of funds from Accounts via Remote Deposit Services. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of Remote Deposit Services as well as accessing or using Remote Deposit Services in any unauthorized manner. You agree to be liable to the Credit Union and its vendors for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of Remote Deposit Services by you or your authorized users.

You are prohibited from using Remote Deposit Services for any activity that:

◊ Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;
◊ Knowingly accepting restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or
◊ Directly or indirectly related to the use of the Remote Deposit Services that is illegal or fraudulent.

Deposit of Original Checks. You agree that no Check deposited to the Credit Union shall cause funds to be debited more than once from the account of the maker. You agree that the original Check, a duplicate Check Image, or any copy of the original Check or Check Image will not be deposited by you with the Credit Union (unless we instruct you to do so) or under any circumstances with any other financial institution.

Check Retention Period. You agree that you will preserve the originals of all Checks processed through Remote Deposit Services pursuant to this Agreement for five (5) calendar days after the day of the deposit (“Retention Period”). The risk of loss due to the unavailability of the original copy of a Check for any reason, during the Retention Period, shall be exclusively yours.

Destruction of Original Checks. You will be fully responsible for the destruction of the Checks. You agree to use commercially reasonable method(s) to destroy original Checks after the required Retention Period has expired. You agree to destroy and dispose of the original Checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. You are required to implement such procedures to ensure that the original Checks are not accessed by unauthorized persons during the storage, destruction and disposal process, and, once destroyed, the original Checks are no longer readable or capable of being reconstructed (e.g., through the use of competent shredding equipment). The risk of loss associated with the accidental inclusion of a physical Check in the Check collection process, or with lost, destroyed, stolen or misplaced Checks shall be exclusively yours.

Member Representation and Warranties. You represent and warrant that all Checks transmitted through the use of Remote Deposit Services are made payable to you, the Member, that all signatures and endorsements on each Check are authentic and authorized, and that each Check has not been altered.

Prohibited Checks. You agree that Checks scanned through the use of the Service will not:

◊ Be payable to any person or entity other than you;
◊ Be prohibited by, or received in violation of, any law, rule or regulation;
◊ Be knowingly or suspected by you (or should be known or suspected by you) to be fraudulent or otherwise authorized by the owner of the account on which the Check is drawn;
◊ Be previously cashed or deposited;
◊ Be post-dated or more than six (6) months old;
◊ Be payable to cash;
◊ Be irregular in any way;
◊ Fail to bear a signature of a person on whose account the Check is drawn; or
◊ Be drawn on financial institutions that are located outside of the United States.

Endorsement of Checks. You agree to properly endorse each Check prior to submitting such Check through the use of Remote Deposit Services.

Image Quality. You are responsible for inspecting and verifying the quality of the images associated with Image Items, thus ensuring that the digitized images of the front and back of the original Checks are legible for all posting and clearing purposes by the Credit Union. Specifically, you are representing and warranting to the Credit Union that:

◊ The Image Item is an accurate representation of all information on the front and back of the original Check at the time the original Check was converted to an Image Item, and the Image Item contains all endorsements from the original Check necessary to permit the Credit Union to:
– Acquire rights of a holder in due course in the collection process of Checks and other items;
– Handle, process, maintain and destroy original Checks; and
– Ensure that neither the Credit Union nor any other financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for, a Check or Image Item more than once in any form.
◊ Each Image Item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a Check) information required for a substitute check and otherwise satisfies all of the requirements of the American National Standards Institute’s (ANSI) X9.37 standards for image quality required by Check 21 and Regulation CC for the creation and/or transferring of a substitute check created from an Image Item.

Adjustments. Once an Image Item is captured, Remote Deposit Services will display captured encoded fields for your review. You will be required to make corrections to encoding not read or missing from the scanned Check, including entering the legal amount of the Check. We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are to correct mistakes in the value of Image Items deposited, mistakes in encoding or for missing or illegible Image Items.

Your deposit of an Image Item is subject to our verification and final inspection process. We may, at any time, deposit an Image Item or return all or part of a multiple Image Items to you without prior notice. We are under no obligation to inspect or verify any Image Item to determine accuracy, legibility or quality of the Image Item or MICR line information associated with the Image Item, or for any other purpose.

We may, however, correct or amend MICR line information with an Image Item to facilitate process of the Image Item or a substitute Check created from the Image Item.

We may process and collect an Image Item or a substitute Image Item through one or more check clearing houses, Federal Reserve Banks, or other private clearing agreements with other financial institutions.

Termination. We are permitted to terminate any or all Remote Deposit Services immediately should you breach any part of this Agreement or your Membership Agreement. We are also permitted to terminate any or all Remote Deposit Services if we are no longer able to provide such services.

Confidentiality. You acknowledge that we will disclose information to third parties about your Account(s) or the Image Item(s) you deposit:

◊ To enable your access to Remote Deposit Services,
◊ When it is necessary for completing deposits, and
◊ As required by law.

Credit Union Rights. Utah First may hold and use funds in any Account of yours following termination of this Agreement and Remote Deposit Services for such time as we reasonable determine to be necessary for us to be assured that no Image Item processed by us prior to termination may be returned, charged back, or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which the Credit Union may be responsible, with such right being in addition to any other rights Utah First may have with respect to your Accounts. Without limitation, you recognize that under federal and state laws, the UCC, Regulation CC and the rules of any image exchange network, our representations and warranties to others with regard to Image Items and substitute Checks may expose the Credit Union to claims for several years following processing of any particular Image Item or substitute Check.

If a payor financial institution returns an Image Item to us for any reason, we may charge your applicable Account for the returned Image Item, whether or not the return is timely and proper, and we may further, either:

◊ Return the Image Item to you; or
◊ Re-present it to the payor financial institution before returning it to you.

Items may be returned as Image Items, rather than substitute Checks, as agreed by the parties. If a payor financial institution or other third party makes a claim against us or seeks a re-credit with respect to any Image Item processed, we may provisionally freeze or hold aside a like amount in the applicable Account pending investigation and resolution of the claim.

We may also immediately suspend Remote Deposit Services or the processing of any Check or corresponding electronic Image Item if we have reason to believe that there has been a breach in the security of the Remote Deposit Services, fraud involving your Account or Check(s), or any uncertainty as to the authorization or accuracy of electronic Image Items. We also have the right to process electronic Image Items on a collection basis at any time.

The Credit Union may also refuse to process any non-conforming Image Items, including without limitation any Image Items that do not meet the definition of a “Check” set forth herein.

Contact Information. Notifications required by this Agreement are to be directed to Utah First at the address and phone number listed below:

Utah First Federal Credit Union
200 E South Temple
Salt Lake City, UT 84111
(801) 320-2600
(800) 234-0729

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Deposit Services provided to you under this Agreement. We do not and cannot warrant that Remote Deposit Services will operate without errors, or that any or all of the Remote Deposit Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Remote Deposit Services or products provided under this Agreement or by reason of your use of or access to Remote Deposit Services.

The Credit Union shall be responsible for performing the Services provided for in this Agreement and shall be liable only for its negligence in performing those Services. Utah First shall not be responsible for your acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal), or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed Utah First’s agent. You agree to indemnify the Credit Union against any claims, damages, loss liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of yours, or any other person’s described in this paragraph.

In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement, including without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions pursuant to this Agreement.

Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, we shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control programs of the Federal Reserve or any rule or regulation of any other United States governmental regulatory authority.

Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement by you, the Member, the Credit Union shall have all rights and remedies available at law or in equity.

My Finances

The Service is a personal finance information management service that allows members to consolidate and track their financial information through Online Banking. Based on such information, the Service may also present information relating to third part products or services. This Service is provided to you without charge and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.

Neither Utah First nor the Service is intended to provide legal, tax or financial advice. Utah First is not a financial planner, broker or tax advisor. The Service is intended to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Funds Availability Policy

This policy statement applies to all accounts. Electronic direct deposits will be available on the day we receive the deposit. Funds from your cash and check deposits will be available to you on the first business day after the day we receive your deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid, the associated fees and for any other problems involving your deposit

Determining the Availability of a Deposit. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays and Federal holidays. If you make a deposit before closing on a business day that we are open, we consider that day to be the day of your deposit. If, however, you make a deposit after closing, or on a day we are not open, we will consider the deposit was made on the next business day we are open. If you make a deposit at an ATM before 3:00 pm (cut off times may be later on some days or at some locations) on a business day that we are open, we will consider that day to be the day of your deposit. If, however, we are not open, or it is after the cut off time, we will consider the deposit was made on the next business day we are open. If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in one of your accounts until the check we cashed would have been available to you had you deposited it. If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately, but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would not be available for withdrawal until the check we cashed would have been available to you had you deposited it with the bank upon which it was drawn.

Longer Delays May Apply. In some cases, we will not make all the funds you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check deposited, funds may not be available until the second business day after the day of your deposit. The first $200.00 of your deposits, however, will always be available on the first business day. If we are not going to make all the funds available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the first business day after we receive your deposit.

Safeguard Exception Delays: Funds you deposit by check may be delayed for a longer period under the following circumstances:

◊ We believe a check you deposit will not be paid.
◊ You deposit checks totaling more than $5,000.00 on any one day.
◊ You redeposit a check that has been returned unpaid.
◊ You have overdrawn your account repeatedly in the last six months.
◊ There is an emergency, such as failure of computer or communication equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special Rules for New Accounts. If you are a new member, the following rules will apply during the first thirty (30) days your account is open. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers and the first $5,000.00 of a day’s total deposits of cashier’s, certified, teller’s and government (federal, state and local) checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you, and you may have to use a special deposit slip. The excess over $5,000.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000.00 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the tenth business day after the day of deposit.

Electronic Funds Transfer

By establishing and using your Online Banking account, you agree to the following terms and our rights and responsibilities concerning the electronic funds transfer services, as applicable. Terms and conditions set forth elsewhere in the Agreement shall also apply to your electronic funds transfer service. Electronic funds transfers (EFT) are electronically initiated transfers of money involving your deposit accounts at the Credit Union. These include, but are not limited to, direct deposits, automated teller machine (ATM) transactions, audio response transactions, Online Banking services and point-of-sale transactions.

Online Banking. If we approve Online banking for your accounts, a personal password will be assigned to your account. You must use your password and your User ID to access you accounts. Online Banking service is available seven (7) days a week, twenty-four (24) hours a day through a direct-dial modem number or through the Internet. There may be times when you are unable to process our transaction if our database is off-line or if all telephone lines are in use. At the present time, you may use the service to:

◊ Transfer funds between your checking, share or savings accounts.
◊ Transfer funds to accounts of other members.
◊ Obtain account balances for any of your accounts.
◊ View and download account history for any account.
◊ Establish electronic Bill Pay Services.
◊ Make loan payments through transfers from share, savings or checking accounts.
◊ Communicate with the Credit Unit using email.

Service Limitations for Online Banking. You may make Online Banking transactions at any time, seven (7) days a week, twenty-four (24) hours a day. There may be some down time. There is no limit to the number of transactions you may make in any one day, however, there are certain limitations on transfers from share, savings or checking accounts. The Credit Union reserves the right to refuse an transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance or otherwise require us to increase our required reserve on the account. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. Account balance and transaction history information may not show all account activity involving your accounts.

Member Liability. You are responsible for all transfers you authorize using your EFT services under this Agreement. If you permit other persons to use an EFT service, card or PIN/password, you are responsible for any transactions they authorize or conduct on any of your accounts. You understand and agree that your authorization or permission to any other person to use any access device or PIN or to make transactions on your account constitutes your authorization for such person to conduct any transaction without limitation. You remain fully liable for all transactions made by persons whom you have provided your access device or PIN to make transactions on your account, until you notify us in writing of your revocation or express limitation of the scope of such use. However, tell us at once if you believe anyone has used your account, card or PIN/password and accessed your accounts without your authority or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down.

Liability for VISA Debit Card transactions is $0.00. For all other EFT transactions except electronic check transactions, if you tell us within two (2) business days, you can lose no more than $50.00 if someone accessed your account without permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.00. You liability for unauthorized loan transactions through an EFT service is $50.00. Also, if your statement shows EFT transfers that you did not make, including those made by card, PIN, password or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed or otherwise made available to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making the transfers if you had told us in time. If you believe your card has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, contact us immediately at:

Utah First Federal Credit Union
200 E South Temple
Salt Lake City, UT 84111
(801) 320-2600
(800) 234-0729

Fees and Charges. There are certain charges for electronic fund transfer services as set forth in the Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law.

Right to Receive Documentation. All electronic transfers will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly, unless your account is determined to be inactive as defined by your Membership Agreement. If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source, and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling the phone numbers listed above. This does not apply to transactions occurring outside the United States.

Account Information Disclosure. We may disclose information to third parties about your account, or the electronic transfers you make, in the following circumstances, subject to our Privacy Policy below:

◊ As necessary to complete transfers;
◊ To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
◊ To comply with govern agency or court orders; or
◊ If you give us permission.

Stop Payment Procedures. If you have arranged in advance to make regular payments from your account, you have the right to stop any of these payments. Call or write the credit Union at the telephone number or address listed in this Agreement in time for us to receive your request at least three (3) business days before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and deliver it to us within fourteen (14) days after you make the call.

If these regular payments may vary in amount, the company you are going to pay should tell you ten (10) days before each payment, when such payment will be made, and how much the payment will be.

If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we may be liable for your losses or damages.

Utah First’s Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to this Agreement with you, we will be liable for your losses or damages. There are some exceptions, however. We will NOT be liable, for instance, if:

◊ Through no fault of ours, you do not have available funds to complete the transfer;
◊ The transfer goes over the credit limit on your overdraft line;
◊ The terminal or system you are using is not working properly; or
◊ Circumstances beyond our control (such as a flood or fire) prevent the transfer despite reasonable precautions we have taken.

There may be other exceptions stated in this Agreement with you for which we will not be liable. Regardless, in no event shall the Credit Union be responsible for any special, indirect or consequential damages.

Privacy Agreement

Utah First Federal Credit Union is committed to providing you, our member, with financial products and services that will enable you to meet your financial needs. The protection of your privacy and the safekeeping of confidential information while using our products and services are of utmost concern. It is the Credit Union’s intent to comply with all applicable laws and regulations concerning the treatment of both member and nonmember information, and to educate you as to your privacy rights under the law. This policy explains what types of member information we collect and under what circumstances we share it.

◊ Information Utah First Collects about You. The Credit Union will collect only the personal information necessary to provide you with financial services and products. We may disclose the information we collect as permitted by law. The Credit Union collects information about you from the following sources:
◊ Applications. We receive information from you on applications for deposit accounts, electronic funds transfers, credit cards, consumer and real estate loans and other related applications.
◊ Transactions. We obtain information about your transactions with the Credit Union, including ATM, credit, debit or other card transactions, check transactions, loan advances, and transactions through Online Banking, at a branch, at a service center or by telephone.
◊ Credit Reporting Agencies. We obtain information from credit reporting agencies when evaluating your applications.
◊ Online. You may provide us information through online applications, Online Bill Pay transactions and from information sent to the Credit Union through the Internet such as email.

Parties Who Receive Information from Utah First. When necessary, the Credit Union may disclose non-public personal information about you to the following types of third parties:

◊ Financial companies, such as insurance companies and mortgage service companies;
◊ Non-financial companies, such as consumer reporting agencies, retailers and travel agencies;
◊ Others, such as non-profit organizations.

Disclosure of Information to Credit Union Service Providers. The Credit Union may disclose the information it collects, as described above, to companies that perform marketing services on our behalf or to other financial institutions with which the Credit Union has joint marketing agreements. The Credit Union may also disclose non-public personal information under circumstances as permitted or required by law. These disclosures typically include information to process transactions on your behalf, conduct operations of Utah First and follow your instructions as you authorize the use of, or the security of, your financial records.

Disclosure of Information Regarding Former Members. If you decide to terminate your membership with the Credit Union, information we have collected about you will not be shared, except as permitted or required by law.

Fair Credit Reporting act Disclosure. Utah First is permitted by law to share information about the transactions or experiences the Credit Union has with you. The Fair Credit Reporting Act governs the reporting of information to credit bureaus. This allows you the right to verify the accuracy of your credit report.

How Utah First Protects Your Information. The Credit Union limits any information sharing beyond what is necessary to service your account. We restrict access to non-public personal information about you to only those employees who need to know that information to provide products and services to you. The Credit Union maintains physical, electronic and procedural safeguards that comply with federal regulations to guard your non-public personal information as well. ,p> Utah First does not disclose or sell member information to non-affiliated third parties. If at any time the Credit Union changes this policy, you will receive notice and the option to opt-out. This opt-out, by law, will not apply to disclosures that are legally permitted or to disclosures we make to companies that perform services on our behalf or financial institutions that have joint marketing agreements with us.

To opt-out, you can call the Credit Union at (801) 320-2600 or (800) 234-0729 and submit your request via telephone. Once your request is received, the Credit Union requires a reasonable amount of time to stop the disclosures. You may always contact us for assistance if you wish later to revoke your opt-out election.

What You Can Do to Help. As a member of Utah First, you have a responsibility to safeguard your financial information. You can help by following these simple guidelines:

◊ Protect your account numbers, User IDs, card numbers, PINS and passwords. Never keep your PIN with your debit or credit card.
◊ Use caution when disclosing your financial information to other persons. If someone calls or emails you, explains the inquiry is on behalf of Utah First and asks for sensitive financial information, you should take the necessary steps to validate the claim before you disclose any information. Official Credit Union staff will have access to your information and will not need to ask for it, except when identifying you according to Credit Union policy.
◊ Keep your information current. It is important that Utah First has current information on how to reach you. If the Credit Union detects potentially fraudulent or unauthorized activity or use of an account, we will attempt to contact you immediately. If your address or phone number changes, it is important we know. Please provide it as promptly as possible.
◊ Take time to check your credit report regularly. By law, you have the right to check your credit report free of charge once per year. If you notice fraudulent activity, take action to correct it immediately. If you want help in obtaining your credit report, please contact us and we can help direct you on how to go about the process.
◊ Watch for your regular statement in the mail or email. If you do not receive your statement after a reasonable time, call the Credit Union immediately.
◊ Let us know if you have questions. Please do not hesitate to call us at (800) 234-0729. We are here to serve you.

Ongoing Process. Protecting your privacy is an ongoing process at Utah First Federal Credit Union. We will continue to review the measures taken to safeguard your information on a routine basis. Since no policy can address every possible contingency or circumstance, the Credit Union management shall use its good faith business judgment in administering this privacy policy, and expects that all employees will use good faith in their actions to protect the privacy of the Credit Union members.

Termination

You agree that we may terminate this Agreement and your ability to access and/or use Online Banking at any time if:

◊ You, or any authorized user of your account, breach this or any agreement with us;
◊ We have reason to believe that there has been an unauthorized use of your Online Banking account;
◊We notify you or any other party to your account that we have cancelled or will cancel this Agreement; or
◊ You are terminated from Credit Union membership.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination nor will it impact or affect the rights and responsibilities the parties may have under other Agreements with the Credit Union.