Online Enrollment Agreement

InFirst Federal Credit Union
TERMS, CONDITIONS, AND DISCLOSURES FOR
ONLINE BANKING, iPAY BILL PAYER, MOBILE Banking, Mobile Deposit and Mobile BILL PAYER SERVICES, E-STATEMENTS, and ELECTRONIC DISCLOSURE OPTION.

(Please read these Terms, Conditions, and Disclosures before using any of the services listed above with InFirst Federal Credit Union.)

Online Banking, E-Statements, iPay Bill Payer terms and conditions

1. GENERAL. This Online Banking, E-statement and Electronic Disclosure Agreement ("Agreement") is the contract which covers your and our rights and responsibilities concerning the Online Banking services, including but not limited to related services such as iPay Bill Payer and Mobile Banking, offered to you by InFirst Federal Credit Union ("Financial Institution"). The Online Banking Service permits you to electronically initiate account transactions involving your accounts and communicate with the Financial Institution. This service also allows you to have the paper periodic deposit account statements and account disclosures that would normally be mailed to you, delivered electronically through our secure Online Banking Service. In this Agreement, the words "you", "your" and "yours" mean those who request and use Online Banking and related services, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we," "us," and "our" mean the Financial Institution. The word "account" means any one or more accounts you have with the Financial Institution. By requesting and using the Online Banking and any related Service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.

1a. By accepting this Agreement, you authorize us, at our discretion, to electronically deliver your account statements and important disclosures and notices about your deposit account, including those that we are required to provide you under all applicable federal and state laws where electronic delivery is permitted now or in the future. This may include, but may not be limited to the following:

· Your periodic account statements

· Disclosures regarding your account

· Notices regarding changes to your account

· Amendments to any agreements and/or disclosures governing your account

· Tax Forms

2. ACCOUNT ACCESS. If we approve your application for the Online Banking and other related Services, you may use your personal computer, mobile phone, and whatever else can be used to access your accounts. You must use your Login ID along with your password to access your accounts. The Online Banking Service is accessible seven (7) days a week, twenty-four (24) hours a day through the Internet, however you may experience short intervals of downtime due to system maintenance.

2a. E-Statement Access
E-Statements will begin with the first statement generated after enrollment, if you enroll by the day before the last business day of the month. Your normal statement cut-off date will not change when you elect to receive E-Statements. Your E-Statements will be available through Online Banking by the 5th of each month reflecting the previous months account activity. We will send you an email notifying you that your E-Statement is available. Your E-Statements may then be accessed by clicking on "E-Statements" option on the Online Banking main menu bar.

2b. E-Statement Availability
Each E-Statement will be available for 36 months from the date it is posted. Electronic disclosures and E-Statements may be printed or downloaded into software accommodating a text-based file for permanent retention. All disclosures and E-Statements are also retained by us for at least seven (7) years. Paper copies of disclosures or E-Statements are available upon request (fee may apply as disclosed in our Fee Schedule) by contacting us at the number or address listed in the "How to Contact Us" section of this Agreement.

3. TYPES OF TRANSACTIONS. At the present time, you may use the Online Banking and other related services to:

· Check available balances. Review loan and deposit balances and account transactions.

· Review YTD (year to date) dividends earned on checking and savings accounts or check the maturity date on a certificate.

· Stop payment. Ask the Credit Union to stop payment on a particular check or checks.

· Request a copy of a cleared check and receive it in seconds instead of days.

· Set up "Nicknames" for your particular accounts for easy access.

· Access online Visa® Rewards balances and history.

· View YTD interest paid, current payoff amount, payment due and due dates for all loans. Find out your available balance on a line of credit.

· Make withdrawals. Request a withdrawal, and we will mail a check to your account mailing address on the next business day.

· Transfer funds. Move funds between INFIRST deposit and/or loan accounts with the click of a mouse.

· Transfer funds from your accounts to other INFIRST accounts, cross accounting.

· Order personalized checks for your checking account and receive special e-mail messages from the Credit Union.

· Sign up for convenient online Bill Payer service.

· Schedule transfers.

· Change personal data. Request a change of address, phone number, e-mail and other personal data.

· Monitor your INFIRST accounts with a FREE E-Alerts service.

· Conduct other transactions permitted by the Financial Institution.

Transactions involving your deposit accounts, including checking account stop payment requests, will be subject to the terms of your account agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.

4. COMPUTER EQUIPMENT AND SOFTWARE. You will need to have a personal computer, an Internet Service Provider and a browser such as Microsoft Internet Explorer 4.x or higher or Netscape Navigator 4.x or higher to access the Services. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your Telephone Company and/or Internet Service Provider.

InFirst FCU does not make any warranties on equipment, hardware, or software, with respect to your internet service provider, either expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose.

We are not responsible for any loss, damage or injury, whether caused by your equipment or software, the Services, or any technical or editorial errors contained in or omissions from any user guide related to the Services. We will not be responsible for any direct, indirect, special or consequential damages arising in any way out of the installation, use or maintenance of your equipment, software or the Services, except where the law requires a different standard. You agree to be bound by and to comply with any requirements or other instructions that we may provide to you in connection with the services.

4a. Liability
We will use our best efforts to deliver your electronic disclosures and E-statements in a timely manner and in accordance with any applicable time required by law. However, we shall incur no liability if we are unable to deliver your disclosures or E-statements because of the existence of any one or more of the following circumstances:

· Our Website or Online Banking is not working properly and you know or have been advised by us of the malfunction, or

· Your equipment was not working properly, or

· Internet service is interrupted due to traffic or other disruptions, or

· Circumstances beyond our control(such as, but not limited to, fire, flood, interruption in telephone service or other communication lines, interference from an outside force, legal restriction or delays in mail service)prevent proper delivery and we have taken reasonable precautions to avoid those circumstances.

To the extent permitted by applicable law or regulation, we hereby disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, and in no event shall we be liable for any special indirect, incidental or consequential damages whatsoever resulting from the loss or use of data, whether or not advised of the possibility of such loss or damage.
You agree not to alter or use the disclosures or E-statements for any unauthorized, fraudulent or other illegal purpose.

5. ADDITIONAL SERVICES. We may introduce new Services or enhance the existing Services from time to time. We will notify you when these new or enhanced Services are available. By using these Services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures as well as any additional terms, conditions, and disclosures we may provide to you.

6. SECURITY OF ACCESS CODE. The personal identification number (PIN) or Password issued to you is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code that authority shall continue until you specifically revoke such authority by notifying the Financial Institution. If you fail to maintain the security of these access codes and the Financial Institution suffers a loss, we may terminate your Online Banking access and account services immediately.

7. ELECTRONIC COMMUNICATION. You expressly agree that we may send any required disclosures or information to you by electronic communication. The term "electronic communication" means a message transmitted electronically in a format that allows visual text to be displayed on electronic equipment such as a personal computer monitor.

8. STOP PAYMENT. When you arrange for a Service, you acknowledge and agree that you may not stop payment of account transfers initiated through your use of the Services.

9. TERMINATION OF INFIRST FEDERAL CREDIT UNION’S ONLINE BANKING SERVICES. You agree that we may terminate this Agreement and your use of the Services if you or any authorized user of your Account or your Password fail to comply with the terms and conditions set forth in this Agreement, or in any other Agreement you have with us, or if we have reason to believe that there has been or may be any unauthorized use of your Account or your Password. You or any other party to your Account can terminate this Agreement and the Services by notifying us in writing. Termination will be effective on the first business day following our receipt of your written notice. However, termination of this Agreement or the Services will not affect the rights and obligations of the parties to this Agreement for transactions initiated prior to termination. Notwithstanding your termination of this Agreement or the Services, you will remain responsible for any transactions initiated by any person to whom you have furnished your Password.

9a. Procedure to Discontinue Electronic Delivery
You have the right to withdraw your election to receive electronic statements and disclosures at any time as described in this section. To discontinue receiving your account statements or disclosures electronically and request that they be sent in paper form by mail, go to Services Tab from the main menu, choose E-statements – Click on Cancel. Electronic delivery will be discontinued on your E-Statement.

10. AMENDMENTS TO THIS AGREEMENT. We reserve the right to amend this Agreement and to change the terms and conditions governing our Online Banking and other related services at any time subject to such notice as may be required by applicable law. Your use of the Services following receipt of any such notice will constitute your acceptance of any such change. Your use of the Online Banking Services and Electronic Disclosures or E-Statements is subject to existing regulations governing your Accounts and any future changes to those regulations.

11. SERVICE LIMITATIONS. The following limitations on Online Banking transactions may apply in using the services listed above:

· Transfers. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Financial Institution reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

· Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.

· E-mail. The Financial Institution may not immediately receive E-mail communications that you send and the Financial Institution will not take action based on E-mail requests until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call us at the telephone number set forth in the Liability for Unauthorized Access section.

12. BILL PAYMENTS. You may use iPay Online Banking Bill Payer, to direct InFirst Federal Credit Union to make payments from your designated checking account to the Payees of your choice in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Membership Agreement).

"You" or "your" means each person who is authorized to use the service. "Payee" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee. When you sign up for the Bill Payment service you will need to designate a personal checking account with InFirst FCU as your Bill Payment Account. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Service. The Financial Institution reserves the right to refuse the designation of a Payee for any reason. Each Payee accepted by the Financial Institution will be assigned a payee code. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic and nonrecurring (i.e. payments on merchant charge accounts that vary in amount) ("single bill payments") or automatic and recurring (i.e. fixed monthly mortgage payments) ("automatic bill payments"). You will need to provide us with the name and address of the payee (i.e. the person you want to pay), your account number with the payee and any other information we require to properly debit your account with us and credit your account with the payee. You may pay almost any payee you wish, however there is one restriction: The merchant must be located in the United States. You can however use this system to send payments to your son/daughter in college, pay your local orthodontist, credit cards, charitable donations, etc. A merchant is defined as anybody (company or individual) to whom you want to send money.
The Financial Institution is not responsible if a Bill Payment cannot be made due to incomplete, incorrect or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list. The Financial Institution will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Financial Institution, which is currently 2:00 p.m. EST. Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Financial Institution reserves its right to change the cut-off time by giving you notice if it changes.

FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE NEXT AVAILABLE BUSINESS DAY AFTER THAT DATE. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day. YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. FOR MID WEST, ALLOW A MINIMUM OF SEVEN (7) BUSINESS DAYS. FOR WEST COAST AND HAWAII, ALLOW A MINIMUM OF EIGHT (8) BUSINESS DAYS. IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS. IT IS OUR RECOMMENDATION THAT ADDITIONAL DAYS BE ALLOWED FOR PAYMENTS TRAVELING MORE THAN 4 STATES AWAY.

You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to the Financial Institution. The Financial Institution will process your bill payment transfer within one (1) business day on the date you schedule for payment. The Financial Institution reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If there are insufficient funds in your account to make the bill payment request, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. In accordance with your deposit account agreement, you are responsible for any non-sufficient funds ("NSF") and overdraft charges that may apply. You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations. The Financial Institution reserves the right to refuse to process payment instructions that reasonably appear to the Financial Institution to be fraudulent or erroneous. Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a periodic or automatic bill payment you have already scheduled for transmission through Online Banking, you may electronically edit or cancel your payment request through Online Banking. Your cancellation request must be entered and transmitted through Online Banking at least one (1) business day before the date the transaction is scheduled to be processed. If your request is not timely entered, you will be responsible for the payment. If you wish to place a written stop payment on an automatic bill payment transaction not using Online Banking, the Financial Institution must receive your written stop payment request at least three (3) business days before the next payment is scheduled to be made. You may fax the Financial Institution at the telephone number set forth in the Liability for Unauthorized Access section to request a stop payment and the Financial Institution may charge a fee for each request. If you place a written stop payment request at least three (3) business days before the payment is scheduled, and we fail to stop the payment, we will be liable for your actual losses or damages. We are not responsible if you fail to describe the payment exactly. We give payments made through Online Banking a confirmation number. The stop payment terms found in the deposit account agreement are not applicable to online transactions. If the payment you wish to stop was made by paper check and we have already paid the check, it is not possible to stop payment. If we have not already paid a paper check, it may be possible to stop payment. In these situations, you must comply with the stop payment terms found in the Membership Agreement and Account Disclosure. If the payment has been made by electronic method it is not possible to stop payment. You may request that a trace be placed on a payment if it did not reach the payee within six (6) business days. You may cancel or edit a bill payment instruction under certain circumstances.

You are solely responsible for controlling the safekeeping of and access to your Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must change your Password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Financial Institution is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Bill Payment. The Financial Institution 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 the Financial Institution's agent. In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control.

13. Mobile Bill Payment Service.The Mobile Bill Payment Service allows you to use a mobile device such as a cell phone, PDA, or any other wireless device to direct payments to payees that you wish to pay, subject to the terms and conditions of your online banking agreement with InFirst Federal Credit Union.

You may be charged a recurring monthly usage fee to use the Mobile Bill Payment Service. Please contact your customer service representative or branch with any questions about fees. Non-payment of any fees incurred by you may result in the cancellation of this and other banking services. Your wireless carrier may charge you a fee for accessing the Mobile Bill Payment Service. Please contact your carrier to get specific details concerning your wireless data plan and fees.

You agree that payments made using the Mobile Bill Payment Service are the same as those made using paper checks, drafts, transfers, or online payments and are bound by the same rules, regulations, VA, and federal laws.

Payees must be set up using your online banking account before you are able to make a payment using the Mobile Bill Payment Service.
If you permit other persons to use your Mobile Bill Payment Service User ID and Password to access this service, you are responsible for any transaction they authorize from your Payment Account.

If you believe that your Mobile Bill Payment Service User ID or Password is lost, stolen, or known to someone who is not an Authorized User, report it immediately to this Financial Institution. Your liability is determined by this Financial Institution's policies, federal, and VA law.

14. LIABILITY FOR UNAUTHORIZED ACCESS. You are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Online Banking and other related services or your Password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Password or accessed your accounts through Online Banking without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Password, 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 five hundred dollars ($500.00). If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

14a. Responsibility to Notify Us
You must promptly review your electronic disclosures, E-statements and any accompanying items. Notify us immediately in writing, call us or email us (see "How to Contact Us"), of any suspected error, alteration or other irregularity with or unauthorized access to your electronic disclosures or E-statements. Also notify us immediately if you do not receive or are unable to view or print your disclosures or E-statement.

If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, contact us.

Please inform us promptly in writing of any changes to your member information needed for us to contact you. Be sure to include your signature and a phone number where you can be reached in case of questions in the request. You can either fax the changes to 703-245-0540 or mail to the address listed below.

How to Contact Us

· In writing: InFirst Federal Credit Union, 6462 Little River Turnpike, Alexandria, VA 22312.

· By phone: 703-914-8700 or 800-328-1500.

· E-mail:online@infirstfcu.org.

· By Fax 703-245-0540.

15. BUSINESS DAYS. Our business days are Monday through Friday. Holidays are not included.

16. FEES AND CHARGES. There are certain charges for Online Banking, iPay Bill Payer, and Mobile Bill Pay services as set forth on the Financial Institution’s Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.

16a. Tax Information

Dividend Received. - If dividends are $10.00 or more, the amount of dividends will be reported to the IRS. The amount of dividends received as shown on this statement is reportable as “Interest Earned” on your income tax return.

Finance Charge (interest) Paid. - The amount of interest reportable is the year-to-date interest shown on the front of the E-statement, less any interest refunds received during the year.

Finance Charge Computation. - The finance charge is computed at the indicated daily rate based on the indicated annual percentage rate. The Finance Charge is applied to each amount in the loan balance column for the exact number of days each loan balance was outstanding. The balance used to compute the Finance Charge is the actual outstanding loan balance at the close of business each day after payments and credits have been subtracted and new advances or other charges added.

17. PERIODIC STATEMENTS. Transfers, withdrawals, and bill payments transacted through Online Banking and any other related services 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.

18. ACCOUNT INFORMATION DISCLOSURE. We will disclose information to third parties about your account or the transfers you make:

· As necessary to complete transfers and bill payments;

· To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;

· To comply with government agency or court orders;

· If you give us your written permission.

19. FINANCIAL INSTITUTIONS LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, the Financial Institution will not be liable:

· If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.

· If you used the wrong access code or you have not properly followed any applicable computer, Internet Access, or Financial Institution user instructions for making transfer and bill payment transactions.

· If your computer fails or malfunctions or the Online Banking service was not properly working and such problem should have been apparent when you attempted such transaction.

· If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.

· If the funds in your account are subject to an administrative hold, legal process or other claim.

· If you have not given the Financial Institution complete, correct and current instructions so the Financial Institution can process a transfer or bill payment.

· If the error was caused by a system beyond the Financial Institutions control, such as your Internet Service Provider.

· If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.

· If the Financial Institution makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

· If there are other exceptions as established by the Financial Institution from time to time.

20. BILLING ERRORS. In case of errors or questions about your Online Banking transactions, telephone us at the phone number, or write to us at the address set forth above in the Liability for Unauthorized Access section as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

· Tell us your name and account number.

· Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

· Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

20a. In case of errors or inquiries about your statement of Loan Account
The Federal Truth in Lending Act requires prompt correction of mistakes on your open end loan statement.

1. If you want to preserve your rights under the Act, here’s what to do if you think your statement of account is wrong or if you need more information about an item:

a. Write on the statement of account or other sheet of paper (you may telephone your inquiry but doing so will not preserve your rights under this law) the following:

i. Your name and account number.

ii. A description of the error and explanation (to the extent you can explain) why you believe it is an error.

iii. The dollar amount of the suspected error.

iv. Any information (such as your address) which you think will help the credit union to identify you or the reason for your complaint or inquiry.

b. Send your notice of statement error to the address listed under “How to Contact Us”. Mail it as soon as you can, but in any case, early enough to reach the credit union within 60 days after the statement the e-mail notification that your statement was ready for pickup.

2. The credit union must acknowledge all letters pointing out possible errors within 30 days of receipt, unless the credit union was able to correct your statement during those 30 days. Within 90 days after receiving your letter, the credit union must either correct the error or explain why the credit union believes that statement was correct. Once the credit union has explained the statement, the credit union has no further obligation to you even though you still believe that there is an error, except as provided in paragraph 5 below.

3. After the credit union has been notified, neither the credit union nor an attorney nor a collection agency may send you collection letters or take other collection action with respect to the amount in dispute, but periodic statements may be sent to you, and the disputed amount can be applied against your credit limit. You cannot be threatened with damage to your credit rating or sued for the amount in question, nor can the disputed amount be reported to a credit bureau or to other creditors as delinquent until the credit union has answered your inquiry. However, you remain obligated to pay the parts of your outstanding balance not in dispute.

4. If it is determined that the credit union has made a mistake on your statement, you will not have to pay any finance charges on any disputed amount. If it turns out that the credit union has not made an error, you will have to pay finance charges on the amount in dispute, and you will have to make up any missed minimum or required payments on the disputed amount. Unless you have agreed that your statement was correct, the credit union must send you a written notification of what you owe.

5. If the credit union’s explanation does not satisfy you and you notify the credit union within 10 days after you receive its explanation that you still refuse to pay the disputed amount, the credit union may report you to credit bureaus and other creditors and may pursue regular collection procedures. But the credit union must also report that you think you do not owe the money, and the credit union must let you know to whom such reports were made. Once the matter has been settled between you and the credit union, the credit union must notify those whom the credit union reported you to as delinquent of the subsequent resolution.

6. If the credit union does not follow the rules, the credit union is not allowed to collect the first $50 of the disputed amount and finance charges, even if the statement turns out to be correct.

21. ENFORCEMENT. You agree to be liable to the Financial Institution for any liability, loss, or expense as provided in this Agreement that the Financial Institution incurs as a result of any dispute involving your accounts or services. You authorize the Financial Institution to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorneys fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Virginia, and by the bylaws of the Credit Union as they now exist or may be hereafter amended. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement will prevail to the extent that any such law, regulation or rule may be modified by agreement between us.

MOBILE BANKING Terms and Conditions

For purposes of this Agreement, Mobile Banking means the financial services that InFirst FCU makes available, and to which you have access, using a wireless handheld device such as a cell phone, PDA, or tablet and includes, by way of example and not limitation, mobile web banking and banking initiated by means of a downloadable application.

Your use of Mobile Banking is subject to this Agreement and to the following, all of which are considered part of this Agreement:

1. Terms or instructions appearing on InFirst FCU 's website and elsewhere when enrolling for, activating, accessing, or using Mobile Banking;

2. InFirst FCU’s rules, procedures and policies, as amended from time to time, that apply to Mobile Banking or any Account you maintain with InFirst FCU;

3. Current rules and regulations, if any, of any funds transfer system or payment system used in connection with any Account; and

4. State and Federal laws and regulations, as specifically applicable.

In addition, each Account will continue to be subject to the Membership Agreement applicable to such Account. If this Agreement conflicts with the separate agreement to which an Account is subject, then this Agreement will control and take precedence, unless this Agreement expressly states otherwise.

USING A Downloadable Application

Ownership. You acknowledge and agree that a third party provider to InFirst FCU, if applicable, is the owner of all right, title and interest in and to the downloadable software, the computer programs contained therein, and any accompanying user documentation (collectively called the Software).

License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

Disclaimer of Warranty.The software is provided on an as is and as available basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the software will be free from defects or viruses or that operation of the software will be uninterrupted. Your use of the software and any other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.

Limitation of Liability.To the maximum extent permitted by applicable law, in no event will InFirst FCU, the provider of any financial services available through or related to the software, any of their contractors or providers or any of each of their affiliates be liable for any damages arising out of the use or inability to use the software, including but not limited to any general, special, incidental or consequential damages, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which any claim is based. In any case, liability of InFirst FCU or any of the other persons or entities described in the preceding sentence arising out of the use or inability to use the software shall not exceed in the aggregate the lesser of $10.00 or the sum of the fees paid by you for this license.

Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning Mobile Banking. This Agreement will be governed by and construed in accordance with the laws of the state of Virginia, excluding that body of laws pertaining to conflict of laws. The parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

Content and Services.Neither InFirst FCU nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither InFirst FCU nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

Mobile DEPOSIT Terms and Conditions

Mobile Deposit provides you the ability to access and make deposits to your designated eligible Accounts using the Software referenced above. Mobile Deposit is designed to take advantage of the Check Clearing for the 21st Century Act and its regulations (collectively, Check 21). Mobile Deposit enables you to use a compatible handheld device to capture an image of original paper checks (Original Checks) that are drawn on or payable through U.S. financial institutions (each a Check Image) and to electronically submit the Check Image and associated deposit information to InFirst FCU from other remote locations for deposit into a designated eligible Account for collection thereafter by InFirst FCU. A Check Image submitted to InFirst FCU electronically for deposit is not deemed received until InFirst FCU accepts and confirms receipt of your Check Image deposit.

Your use of Mobile Deposit is subject to these requirements:

1. You must have or acquire and maintain a compatible handheld device and a wireless plan from a compatible wireless carrier.

2. You must qualify, and InFirst FCU must approve, your eligibility.

You may scan and submit Check Images for deposit to InFirst FCU within the dollar limits (Deposit Limits) established for you by InFirst FCU. InFirst FCU reserves the right to limit the frequency and dollar amount of deposits submitted through Mobile Deposit. If you exceed the Deposit Limits established for you, InFirst FCU may in its sole discretion accept or refuse the Check Image deposit. If at any time InFirst FCU accepts a Check Image deposit that exceeds your Deposit Limits, InFirst FCU will have no obligation to do so in the future. InFirst FCU may at any time at its sole discretion raise or lower your Deposit Limits.

By requesting access to Mobile Deposit, you authorize InFirst FCU to provide you with access to all of the Share Accounts eligible for Remote Deposit, which are a Primary Savings Account or a Checking Account and other Accounts as may be eligible in the future.

Scanning and submitting Check Image deposits does not constitute approval of the deposit by InFirst FCU. Generally, Check Image deposits received prior to 3:00 PM Eastern Time are posted to your account on the Business Day of receipt. Any Check Image deposit that requires review or that is received after 3:00 PM Eastern Time or on Saturdays, Sundays, federal holidays, Good Friday, Friday after Thanksgiving, Christmas Eve and New Year's Eve will be posted on InFirst FCU 's next Business Day. Acknowledgment that your Check Image deposit has been received by InFirst FCU does not mean that the Check Image deposit was received error free.

You agree that you will use Mobile Deposit to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with InFirst FCU. All other items may be deposited by alternate methods such as in person or by mail.

You understand that InFirst FCU is not obligated to accept for deposit any Check Image that InFirst FCU in its sole discretion determines to be ineligible for Remote Deposit. Ineligible items include: Check Images of items drawn on banks located outside the United States, Check Images that are illegible, images of checks previously converted to Substitute Checks as defined by Check 21, and Check Images with unreadable MICR information. The quality of any Check Image must comply with the requirements established from time to time by any regulatory agency, clearing house or association. You acknowledge and agree that even if InFirst FCU does not identify a Check Image as ineligible, the Check Image may be returned to InFirst FCU because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. InFirst FCU’s failure to identify a Check Image you transmit to InFirst FCU as ineligible shall not preclude or limit your obligations.

You agree to be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically and deposited using Remote Deposit and indemnify and hold InFirst FCU harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically, or (ii) for any Items being submitted for deposit or presented for payment more than once. There are no laws or regulations that state how long original items should be retained prior to destruction; therefore, retention timeframes are set at the Member's discretion. You are responsible if an Original Check is misused following submission by Mobile Deposit.

You make the following representations and warranties:

1. You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.

2. You shall submit to InFirst FCU only Check Images that is suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.

3. You shall be responsible for safekeeping or destruction of the Original Checks as stated above.

4. You shall not submit to InFirst FCU or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with InFirst FCU or which you previously submitted to and was accepted by any other person or entity for deposit.

5. You shall not deposit into your Account with InFirst FCU or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to InFirst FCU, unless following receipt of your submission, InFirst FCU notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.

6. You shall indemnify, defend, and hold harmless InFirst FCU and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through Remote Deposit as described above.

7. You shall use Mobile Deposit only for your own personal, home office, or small business use in accordance with the terms of this Agreement. You shall not make Mobile Deposit available or transfer your rights to use Mobile Deposit for the benefit of any third party.

InFirst FCU will acknowledge receipt of your Check Image deposit submitted through Mobile Deposit and notify you if a Check Image is not eligible for deposit. InFirst FCU’s ability to provide Remote Deposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and InFirst FCU’s response. InFirst FCU shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of Remote Deposit, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within InFirst FCU's control. All fees and charges stated in the Truth in Savings Rate and Fee Schedule will remain in effect when you access your Account using Remote Deposit.

Disclaimer of Warranties.You agree your use of Mobile Deposit and all information and content (including that of third parties) is at your risk and is provided on an as is and as available basis. InFirst FCU disclaims all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and no infringement. InFirst FCU makes no warranty that Mobile Deposit (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results obtained from Mobile Deposit will be accurate or reliable, and (iv) that any errors in the services or technology will be corrected. In no event will InFirst FCU be liable to you for any consequential, incidental, or indirect damage arising out of the use, misuse or inability to use Mobile Deposit or for any loss of data, even if InFirst FCU has been advised of the possibility of such damage.

You agree that InFirst FCU may provide you with all disclosures, notices, and other communications about Mobile Deposit, and any future amendments, changes, or additions to this Agreement in electronic form. At your request, InFirst FCU agrees to provide you with a paper copy of this Agreement by calling 800.328.1500. Your consent to receive notices and updates in electronic form only will apply for as long as you use Mobile Deposit.

InFirst FCU may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you as required by law or regulation. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of Mobile Deposit or the safety of InFirst FCU’s relationship with you or is otherwise required immediately by law or applicable regulation.

The following provisions are applicable to sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not consumer accounts and are not maintained primarily for personal, family, or household purposes:

1. InFirst FCU is not responsible for any loss, injury or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by Remote Deposit or the use of Mobile Deposit except as otherwise expressly provided for in this Agreement or by applicable law. You are responsible for any unauthorized use of Remote Deposit and any loss or damages incurred due to the unauthorized access to your Accounts.

2. If any person with authorized access through Mobile Deposit is no longer authorized, it is your responsibility to notify InFirst FCU. InFirst FCU shall not be liable or responsible to you for any transactions conducted by any person whose authority to conduct transactions is no longer in effect until InFirst FCU is expressly notified.