SCHOFIELD FEDERAL CREDIT UNION
MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers your rights and responsibilities concerning your accounts and the rights and
responsibilities of the Credit Union providing this Agreement (Credit Union). In this Agreement, the
words “you,” “your,” and “yours” mean anyone who signs an Account Card, Account Change Card, or
any other account opening document (Account Card), or for whom membership and/or service requests
are approved through the Credit Union’s online application and authentication process. The words “we,”
“us,” and “our” mean the Credit Union. The word “account” means any one or more share or deposit
accounts you have with the Credit Union.
Your account type(s) and ownership features are designated by you on your Account Card or through
the Credit Union’s online application and authentication process. By signing an Account Card or
authenticating your request, each of you, jointly and severally, agree to the terms and conditions in this
Agreement, and any Account Card, Funds Availability Policy Disclosure, Truth-in-Savings Disclosure,
Electronic Fund Transfers Agreement and Disclosure, Privacy Disclosure, or Account Receipt
accompanying this Agreement, the Credit Union Bylaws or Code of Regulations (Bylaws), Credit Union
policies, and any amendments made to these documents from time to time that collectively govern your
membership, accounts and services.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the
government fight the funding of terrorism and money laundering activities, Federal law requires all
nancial institutions to obtain, verify, and record information that identifies each person who opens an
account.
What this means for you: When you open an account, we will ask for your name, address, date of birth,
if applicable, and other information that will allow us to identify you. We may also ask to see your
driver’s license or other identifying documents.
1. MEMBERSHIP ELIGIBILITY To join the Credit Union, you must meet the membership requirements,
including purchase and maintenance of the minimum required share(s) (hereinafter membership share)
and/or paying a membership fee as set forth in the Credit Union’s bylaws. You authorize us to check
your account, credit and employment history, and obtain reports from third parties, including credit
reporting agencies, to verify your eligibility for the accounts, products and services you request and for
other accounts, products, or services we may offer you or for which you may qualify.
2. INDIVIDUAL ACCOUNTS An individual account is an account owned by one member who has
qualified for credit union membership. If the account owner dies, the interest passes, subject to
applicable law, to the account owner’s estate or Payable on Death (POD) beneciary/payee or trust
beneficiary, subject to other provisions of this Agreement governing our protection for honoring
transfer and withdrawal requests of an owner or owner’s agent prior to notice of an owner’s death, any
security interest or pledge granted by the account owner, and our statutory lien rights.
3. JOINT ACCOUNTS A joint account is an account owned by two or more persons.
a. Rights of Survivorship. Unless otherwise stated on the Account Card or documented through the
Credit Union’s online application and authentication process, a joint account includes rights of
survivorship. This means that when one owner dies, all sums in the account will pass to the surviving
owner(s). For a joint account without rights of survivorship, the deceased owner’s interest passes to his
or her estate. A surviving owner’s interest is subject to the Credit Union’s statutory lien for the deceased
owner’s obligations and to any security interest or pledge granted by a deceased owner, even if a
surviving owner did not consent to it.
b. Control of Joint Accounts. Any owner is authorized and deemed to act for any other owner(s) and
may instruct us regarding transactions and other account matters. Each owner guarantees the signature
or authenticated request of any other owner(s). Any owner may withdraw or transfer funds, pledge to
us all or any part of the shares, or stop payment on items without the consent of the other owner(s). We
have no duty to notify any owner(s) about any transaction. We reserve the right to require written
consent of all owners for any change to or termination of an account. If we receive written notice of a
dispute between owners or inconsistent instructions from them, we may suspend or terminate the
account and require a court order or written consent from all owners in order to act.
c. Joint Account Owner Liability. If an item deposited in a joint account is returned unpaid, a joint
account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and
severally, are liable to us for any returned item, overdraft, or unpaid amount and for any related fees
and charges, regardless of who initiated or benefited from the transaction. If any account owner is
indebted to us, we may enforce our rights against any account of the indebted owner, including all funds
in the joint account, regardless of who contributed the funds.
4. POD/TRUST ACCOUNT DESIGNATIONS A Payable on Death (POD) account or trust account
designation is an instruction to the Credit Union that an individual or joint account so designated is
payable to the owner(s) during his, her, or their lifetimes and, when the last account owner dies, is
payable to all surviving POD or trust beneficiaries/payees. Funds in accounts payable to more than one
surviving beneficiary/payee are owned jointly by such beneficiaries/payees with rights of survivorship
among the beneficiaries/payees. Any POD or trust beneficiary/payee designation shall not apply to
Individual Retirement Accounts (IRAs). We are not obligated to notify any beneficiary/payee of the
existence of any account nor the vesting of the beneficiary/payee’s interest in any account, except as
otherwise provided by law. This paragraph does not apply to an account held on behalf of or in the
name of a trust.
5. ACCOUNTS FOR MINORS We may require any account established by a minor to be a joint
account with an owner who has reached the age of majority under state law and who shall be jointly
and severally liable to us for any returned item, overdraft, or unpaid amount on such account and for
any related fees and charges. We may pay funds directly to the minor without regard to his or her
minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any
account access rights. We have no duty to inquire about the use or purpose of any transaction except as
required by applicable law. We will not change the account status when the minor reaches the age of
majority unless the change is authorized in writing by all account owners.
6. UNIFORM TRANSFERS TO MINORS ACCOUNT A Uniform Transfers to Minors Account (UTMA) is
an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The
minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian
has possession and control of the account for the exclusive right and benefit of the minor and, barring a
court order otherwise, is the only party authorized to make deposits, withdrawals, or close the account.
We have no duty to inquire about the use or purpose of any transaction except as required by applicable
law. If the custodian dies, we may suspend the account until we receive instructions from any person
authorized by law to withdraw funds or a court order authorizing withdrawals.
7. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to
us that the owner authorizes another person to make transactions as agent for the account owner
regarding the accounts designated. An agent has no ownership interest in the account(s) or credit union
voting rights. We have no duty to inquire about the use or purpose of any transaction made by the
agent except as required by applicable law.
8. DEPOSIT OF FUNDS REQUIREMENTS Funds may be deposited to any account, in any manner
approved by the Credit Union in accordance with the requirements set forth in the Truth-in-Savings
Disclosure. Deposits made by mail, at night depositories, or at unstaffed facilities are not our
responsibility until we receive them. We reserve the right to refuse or to return any deposit.
a. Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your
accounts if they are made payable to, or to the order of, one or more account owners even if they are
not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we
choose. If a check, draft, or item that is payable to two or more persons is ambiguous as to whether it is
payable to either or both, we may process the check, draft, or item as though it is payable to either
person. If an insurance, government, or other check or draft requires an endorsement, we may require
endorsement as set forth on the item. Endorsements must be made on the back of the check or draft
within 1½ inches of the top edge, although we may accept endorsements outside this space. However,
any loss we incur from a delay or processing error resulting from an irregular endorsement or other
markings by you or any prior endorser will be your responsibility. If we offer a remote deposit capture
service and you have been approved to use the service to make deposits to your account, you agree
that, prior to transmitting check or draft images, you will restrictively endorse each original check or
draft in accordance with any other agreement with us that governs this service.
b. Collection of Items. We act only as your agent and we are not responsible for handling items for
deposit or collection beyond the exercise of ordinary care. We are not liable for the loss of an item in
transit or the negligence of any correspondent. Each correspondent will only be liable for its own
negligence. We may send any item for collection. Items drawn on an institution located outside the
United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or
protest regarding items we purchase or receive for credit or collection to your account. We reserve the
right to pursue collection of previously dishonored items at any time, including giving a payor financial
institution extra time beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the
front of the item. Examples of restrictive legends include “two signatures required,” “void after 60
days,” and “not valid over $500.00.” We are not liable for payment of any check or draft contrary to a
restrictive legend or other limitation contained in or on the item unless we have specifically agreed in
writing to the restriction or limitation.
d. Final Payment. All checks, drafts, automated clearinghouse (ACH) transfers or other items credited to
your account are provisional until we receive final payment. Ifnal payment is not received, we may
charge your account for the amount of such items and impose a returned item fee on your account. Any
collection fees we incur may be charged to your account. We reserve the right to refuse or return any
item or fund transfer.
e. Direct Deposits. We may offer direct deposit services, including preauthorized deposits (e.g., payroll
checks, Social Security or retirement checks, or other government checks) or preauthorized transfers
from other accounts. You must authorize direct deposits or preauthorized transfers by completing a
separate authorization document. You must notify us if you wish to cancel or change a direct deposit or
preauthorized transfer. Any cancellation or change will become effective once we receive notice from
you and have a reasonable period of time to act on your request. If your account is overdrawn, you
authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of
government payments or benefits. If we are required to reimburse the U.S. Government for any benefit
payment directly deposited into your account, we may deduct the amount returned from any of your
accounts, unless prohibited by law.
f. Crediting of Deposits. Deposits will be credited to your account on the day we consider them
received as stated in our Funds Availability Policy Disclosure.
9. ACCOUNT ACCESS
a. Authorized Signature. Your signature on the Account Card, or authentication and approval of your
account, authorizes your account access. We will not be liable for refusing to honor any item or
instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile
signature, we may honor any check or draft that appears to bear your facsimile signature, even if it was
made by an unauthorized person. You authorize us to honor transactions initiated by a third person to
whom you have given your account information, even if you do not authorize a particular transaction.
b. Access Options. You may access your account(s) in any manner we permit including, for example, in
person at one of our branch offices, at an ATM or point- of-sale device, or by mail, telephone, automatic
transfer, internet access or mobile application. We may return as unpaid any check or draft drawn on a
form we do not provide, and you are responsible for any losses, expenses or fees we incur as a result of
handling such a check or draft. We have the right to review and approve any form of power of attorney
and may restrict account withdrawals or transfers. We may refuse to honor a power of attorney if our
refusal is conducted in accordance with applicable state law.
c. Credit Union Examination. We may disregard any information on any check or draft other than the
signature of the drawer, the amount of the item, and any magnetic encoding. You agree that we do not
fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight
examination of items.
10. FUND TRANSFERS Fund transfers we permit that are subject to Article 4A of the Uniform
Commercial Code, such as wire transfers, will be subject to such provisions of the Uniform Commercial
Code as enacted by the state where the main office of the Credit Union is located, except as otherwise
provided in this Agreement. ACH transfers are subject to rules of the National Automated Clearinghouse
Association (NACHA). We may execute certain requests for fund transfers by Fedwire which are subject
to the Federal Reserve Board’s Regulation J.
a. Authorization for Transfers/Debiting of Accounts. You may make or order fund transfers to or from
your account. We will debit your account for the amount of a fund transfer from your account and will
charge your account for any fees related to the transfer.
b. Right to Refuse to Make Transfers/Limitation of Liability. Unless we agree otherwise in writing, we
reserve the right to refuse to execute any payment order to transfer funds to or from your account. We
are not obligated to execute any payment order to transfer funds out of your account if the amount of
the requested transfer plus applicable fees exceeds the available balance in your account. We are not
liable for errors, delays, interruptions or transmission failures caused by third parties or circumstances
beyond our control including mechanical, electronic or equipment failure. In addition, we will not be
liable for consequential, special, punitive or indirect loss or damage you may incur in connection with
fund transfers to or from your account.
c. No Notice Required. We will not provide you with notice when fund transfers are credited to your
account. You will receive notice of such credits on your account statements. You may contact us to
determine whether a payment has been received.
d. Interest Payments. If we fail to properly execute a payment order and such action results in a delay in
payment to you, we will pay you dividends or interest, whichever applies to your account, for the period
of delay as required by applicable law. You agree that the dividend or interest rate paid to you will be
based on the lowest nominal dividend or interest rate we were paying on any account during that
period.
e. Provisional Credit for ACH Transactions. We may provisionally credit your account for an ACH
transfer before we receive final settlement. If we do not receive nal settlement, we may reverse the
provisional credit or require you to refund us the amount provisionally credited to your account, and the
party originating the transfer will not be considered to have paid you.
f. Payment Order Processing and Cut-off Times. Payment orders we accept will be executed within a
reasonable time of receipt. Unless we have agreed otherwise in writing, a payment order may not
necessarily be executed on the date it is received or on a particular date you specify. Cut-off times may
apply to the receipt, execution and processing of fund transfers, payment orders, cancellations, and
amendments. Fund transfers, payment orders, cancellations, and amendments received after a cut-off
time may be treated as having been received on the next fund transfer business day. Information about
any cut-off times is available upon request. From time to time, we may need to temporarily suspend
processing of a transaction for greater scrutiny or verification in accordance with applicable law. This
action may affect settlement or availability of the transaction.
g. Identifying Information. If your payment order identifies the recipient and any financial institution by
name and account or other identifying number, the Credit Union and any other financial institutions
facilitating the transfer may rely strictly on the account or other identifying number, even if the number
identifies a different person or nancial institution.
h. Amendments and Cancellations of Payment Orders. Any account owner may amend or cancel a
payment order regardless of whether that person initiated the order. We may refuse requests to amend
or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request to
amend or cancel a payment order that we accept will be processed within a reasonable time after it is
received. You agree to hold us harmless from and indemnify us for all losses and expenses resulting from
any actual or attempted amendment or cancellation of a payment order.
i. Security Procedures. We may require you to follow a security procedure to execute, amend or cancel
a payment order so that we may verify the authenticity of the order, amendment or cancellation. You
agree that the security procedure established by separate agreement between you and the Credit Union
is commercially reasonable. If you refuse to follow a commercially reasonable security procedure that
we offer, you agree to be bound by any payment order, whether authorized or not, that is issued in your
name and accepted by us in good faith in accordance with the security procedure you choose.
j. Duty to Report Unauthorized or Erroneous Fund Transfers. You must exercise ordinary care to
identify and report unauthorized or erroneous fund transfers on your account. You agree that you will
review your account(s) and periodic statement(s). You further agree you will notify us of any
unauthorized or erroneous transfers within the time frames described in the “Statements” section of
this Agreement.
k. Recording Telephone Requests. You agree that we may record payment order, amendment and
cancellation requests as permitted by applicable law.
l. Remittance Transfers. A “remittance transfer” is an electronic transfer of funds of more than $15.00
which is requested by a sender and sent to a designated recipient in a foreign country by a remittance
transfer provider. If we act as a remittance transfer provider and conduct a remittance transfer(s) on
your behalf, the transaction(s) will be governed by 12 C.F.R. part 1005, subpart B - Requirements for
remittance transfers. Terms applicable to such transactions may vary from those disclosed herein and
will be disclosed to you at the time such services are requested and rendered in accordance with
applicable law.
11. ACCOUNT RATES AND FEES We pay account earnings and assess fees against your account as set
forth in the Truth-in-Savings Disclosure and Schedule of Fees and Charges. We may change the Truth-in-
Savings Disclosure or Schedule of Fees and Charges at any time and will notify you as required by law.
12. TRANSACTION LIMITATIONS
a. Withdrawal Restrictions. We will pay checks or drafts, permit withdrawals, and make transfers from
the available balance in your account. The availability of funds in your account may be delayed as
described in our Funds Availability Policy Disclosure. We may also pay checks or drafts, permit
withdrawals, and make transfers when you have an insufficient available balance in your account if you
have established an overdraft protection plan or, if you do not have such a plan with us, in accordance
with our overdraft payment policy.
We may refuse to allow a withdrawal in some situations and will advise you accordingly if, for example:
(1) there is a dispute between account owners (unless a court has ordered the Credit Union to allow the
withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any obligation to
us; (4) required documentation has not been presented; or (5) you fail to repay a credit union loan on
time. We may require you to give written notice of 7 to 60 days before any intended withdrawals.
b. Transfer Limitations. We may limit the dollar amount or the number of transfers from your account.
Please consult your Truth-in-Savings Disclosure or your Electronic Fund Transfers Agreement and
Disclosure.
13. CERTIFICATE ACCOUNTS Any term share, share certificate, time deposit or certificate of deposit
account (certificate account), whichever we offer as allowed by applicable federal or state law, is subject
to the terms of this Agreement, the Truth-in-Savings Disclosure, the Account Receipt for each account,
and any other documents we provide for the account, the terms of which are incorporated herein by
reference.
14. OVERDRAFTS
a. Payment of Overdrafts. If, on any day, the available balance in your share or deposit account is not
sufficient to pay the full amount of a check, draft, transaction, or other item, plus any applicable fee,
that is posted to your account, we may return the item or pay it, as described below. The Credit Union’s
determination of an insufficient available account balance may be made at any time between
presentation and the Credit Union’s midnight deadline with only one review of the account required.
We do not have to notify you if your account does not have a sufficient available balance in order to pay
an item. Your account may be subject to a fee for each item regardless of whether we pay or return the
item. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you
may be assessed more than one fee as a result of a returned item and resubmission(s) of the returned
item.
If we offer standard overdraft services, this service allows us to authorize payment for the following
types of transactions regardless of whether your share or deposit account has sufficient funds: (1) share
drafts/checks and other transactions made using your checking account, except as otherwise described
below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card
transactions, you must affirmatively consent to such coverage. Without your consent, the Credit Union
may not authorize and pay an ATM or one-time debit card transaction that will result in insufficient
funds in your account. If you have established a service linking your share or deposit account with other
individual or joint accounts, you authorize us to transfer funds from another account of yours to cover
an insufficient item, including transfers from a share or deposit account, an overdraft line-of-credit
account, or other account you so designate. Services and fees for these transactions are shown in the
document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and
Charges. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such
items that result in an insufficiency of funds in your account, we do not agree to pay them in the future
and may discontinue coverage at any time without notice. If we pay these items or impose a fee that
results in insufficient funds in your account, you agree to pay the insufficient amount, including the fee
assessed by us, in accordance with our standard overdraft services or any other service you may have
authorized with us or, if you do not have such protections with us, in accordance with any overdraft
payment policy we have, as applicable.
b. How Transactions are Posted to Your Account. Basically, there are two types of transactions that
affect your account: credits (deposits of money into your account) and debits (payments out of your
account). It is important to understand how each is applied to your account so that you know how much
money you have and how much is available to you at any given time. This section explains generally how
and when we post transactions to your account.
Credits. Deposits are generally added to your account when we receive them. However, in some
cases when you deposit a check, the full amount of the deposit may not be available to you at
the time of deposit. Please refer to the Funds Availability Policy Disclosure for details regarding
the timing and availability of funds from deposits.
Debits. There are several types of debit transactions. Common debit transactions are generally
described below. Keep in mind that there are many ways transactions are presented for
payment by merchants, and we are not necessarily in control of when transactions are received.
- Checks. When you write a check, it is processed through the Federal Reserve system.
We receive data fi les of cashed checks from the Federal Reserve each day. The checks
drawn on your account are compiled from these data files and paid each day. We
process the payments in the order that we choose.
- ACH Payments. We receive data files every day from the Federal Reserve with
Automated Clearing House (ACH) transactions. These include, for example, automatic
bill payments you have authorized. ACH transactions for your account are posted the
order that we choose.
- PIN-Based Debit Card Purchase Transactions. These are purchase transactions using
your debit card for which a merchant may require you to enter your personal
identification number (PIN) at the time of sale. They are processed through a PIN debit
network. These transactions are similar to ATM withdrawal transactions because the
money is usually deducted from your account immediately at the time of the
transaction. However, depending on the merchant, a PIN-based transaction may not
be immediately presented for payment.
- Signature-Based Debit Card Purchase Transactions. These are purchase transactions
using your debit card that are processed through a signature-based network. Rather
than entering a PIN, you typically sign for the purchase; however, merchants may not
require your signature for certain transactions. Merchants may seek authorization for
these types of transactions. The authorization request places a hold on funds in your
account when the authorization is completed. The “authorization hold” will reduce
your available balance by the amount authorized but will not affect your actual
balance. The transaction is subsequently processed by the merchant and submitted to
us for payment. This can happen hours or sometimes days after the transaction,
depending on the merchant and its payment processor. These payment requests are
received in real time throughout the day and are posted to your account when they
are received.
The amount of an authorization hold may differ from the actual payment because the
nal transaction amount may not yet be known to the merchant when you present
your card for payment. For example, if you use your debit card at a restaurant, a hold
will be placed in an amount equal to the bill presented to you; but when the
transaction posts, it will include any tip that you may have added to the bill. This may
also be the case where you present your debit card for payment at gas stations, hotels
and certain other retail establishments. We cannot control how much a merchant asks
us to authorize, or when a merchant submits a transaction for payment.
This is a general description of certain types of transactions. These practices may change, and we
reserve the right to pay items in any order we choose as permitted by law.
c. Understanding Your Account Balance. Your checking account has two kinds of balances: the actual
balance and the available balance. Your actual balance reflects the full amount of all deposits to your
account as well as payment transactions that have been posted to your account. It does not reect
checks you have written and are still outstanding or transactions that have been authorized but are still
pending. Your available balance is the amount of money in your account that is available for you to use.
Your available balance is your actual balance less: (1) holds placed on deposits; (2) holds on debit card or
other transactions that have been authorized but are not yet posted; and (3) any other holds, such as
holds related to pledges of account funds and minimum balance requirements or to comply with court
orders. We use your available balance to determine whether there are sufcient funds in your account
to pay items, including checks and drafts, as well as ACH, debit card and other electronic transactions.
Pending transactions and holds placed on your account may reduce your available balance and may
cause your account to become overdrawn regardless of your actual balance. In such cases, subsequent
posting of the pending transactions may further overdraw your account and be subject to additional
fees. You should assume that any item which would overdraw your account based on your available
balance may create an overdraft. You may check your available balance online at www.schoeldfcu.org,
at an ATM, by visiting a credit union branch or by calling us at 808-624-9884.
15. POSTDATED AND STALEDATED CHECKS OR DRAFTS You agree not to issue any check or draft that
is payable on a future date (postdated). If you do draw or issue a check or draft that is postdated and we
pay it before that date, you agree that we shall have no liability to you for such payment. You agree not
to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay
any check or draft drawn on your account that is presented more than six months past its date;
however, if the check or draft is paid against your account, we will have no liability for such payment.
16. STOP PAYMENT ORDERS
a. Stop Payment Order Request. Any owner may request a stop payment order on any check or draft
drawn on the owner’s account. To be binding, the order must accurately describe the check or draft,
including the exact account number, check or draft number, and amount of the check or draft. This
exact information is necessary for the Credit Union to identify the check or draft. If we receive incorrect
or incomplete information, we will not be responsible for failing to stop payment on the check or draft.
In addition, we must receive sufficient advance notice of the stop payment order to allow us a
reasonable opportunity to act on it. If we recredit your account after paying a check or draft over a valid
and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to
assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in
any legal action.
Stop payment orders for preauthorized debit transactions from your account are governed by
Regulation E. Please refer to the Electronic Fund Transfers Agreement and Disclosure for rules regarding
stop payments on preauthorized debit transactions.
b. Duration of Order. You may make an oral stop payment order which will lapse within 14 calendar
days unless you confirm it in writing, or in a record if allowed by applicable law, within that time. A
written stop payment order is effective for six months and may be renewed for additional six-month
periods by submitting a renewal request in writing, or in a record if allowed by applicable law, before
the stop payment order then in effect expires. We do not have to notify you when a stop payment order
expires.
c. Liability. Fees for stop payment orders are set forth in the Truth-in-Savings Disclosure or Schedule of
Fees and Charges. You may not stop payment on any certified check, cashier’s check, teller’s check, or
any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you
may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union
harmless from all costs, including attorney’s fees and all damages or claims related to our refusal to pay
an item, as well as claims of any joint account owner or of any payee or endorsee for failing to stop
payment of an item as a result of incorrect information provided by you.
17. CREDIT UNION LIABILITY If we do not properly complete a transaction according to this
Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction,
except as otherwise provided by law. We will not be liable if, for example: (1) your account contains an
insufficient available balance for the transaction; (2) circumstances beyond our control prevent the
transaction; (3) your loss is caused by your or another financial institution’s negligence; or (4) your
account funds are subject to legal process or other claim. We will not be liable for consequential
damages, except liability for wrongful dishonor. We are not responsible for a check or draft that is paid
by us if we acted in a commercially reasonable manner and exercised ordinary care. We exercise
ordinary care if our actions or nonactions are consistent with applicable state law, Federal Reserve
regulations and operating letters, clearinghouse rules, and general financial institution practices
followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely
exclusively on the form of the account and the terms of this Agreement. Any conflict regarding what you
and our employees say or write will be resolved by reference to this Agreement.
18. CHECKS OR DRAFTS PRESENTED FOR PAYMENT IN PERSON We may refuse to accept any check
or draft drawn on your account that is presented for payment in person. Such refusal shall not
constitute a wrongful dishonor of the check or draft, and we shall have no liability for refusing payment.
If we agree to cash a check or draft that is presented for payment in person, we may require the
presenter to pay a fee. Any applicable check or draft cashing fees are stated in the Schedule of Fees and
Charges.
19. REMOTELY CREATED CHECKS OR DRAFTS For purposes of this paragraph, “account” means a
transaction account, credit account, or any other account on which checks or drafts may be drawn. A
remotely created check or draft is a check or draft created by someone other than the person on whose
account the check or draft is drawn. A remotely created check or draft is generally created by a third
party payee as authorized by the owner of the account on which the check or draft is drawn.
Authorization is usually made over the telephone or through online communication. The owner of the
account does not sign a remotely created check or draft. In place of the owner’s signature, the remotely
created check or draft usually bears a statement that the owner authorized the check or draft or bears
the owner’s printed or typed name. If you authorize a third party to draw a remotely created check or
draft against your account, you may not later revoke or change your authorization. It is your
responsibility to resolve any authorization issues directly with the third party. We are not required to
credit your account and may charge against your account any remotely created check or draft for which
the third party has proof of your authorization.
20. PLEDGE, RIGHT OF OFFSET AND STATUTORY LIEN Unless prohibited by law, you pledge and grant
as security for all obligations you may have now or in the future, except obligations secured by your
principal residence, all shares and dividends and all deposits and interest, if any, in all accounts you have
with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we
will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if
greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged
account(s) may be withdrawn unless you are in default. You agree we have the right to offset funds in
any of your accounts against the obligation owed to us. Federal or state law (depending upon whether
we have a federal or state charter) gives us a lien on all shares and dividends and all deposits and
interest, if any, in accounts you have with us now and in the future. Except as limited by federal or state
law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on
which you are in default. After you are in default, we may exercise our statutory lien rights without
further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what
you owe when you are in default, except as limited by federal or state law. If we do not apply or offset
the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your
account(s) in order to protect our statutory lien rights and may apply or offset the funds in your
account(s) to the amount you owe us at a later time. The statutory lien and your pledge do not apply to
any Individual Retirement Account or any other account that would lose special tax treatment under
federal or state law if given as security. By not enforcing our right to apply or offset funds in your
account(s) to your obligations that are in default, we do not waive our right to enforce these rights at a
later time.
21. LEGAL PROCESS If any legal action is brought against your account, we may pay out funds
according to the terms of the action or refuse any payout until the dispute is resolved, as permitted by
law. Any expenses or attorney fees we incur responding to legal process may be charged against your
account without notice, unless prohibited by law. Any legal process against your account is subject to
our lien and security interest.
22. ACCOUNT INFORMATION Upon request, we will give you the name and address of each agency
from which we obtain a credit report regarding your account. We agree not to disclose account
information to third parties except when: (1) it is necessary to complete a transaction; (2) the third party
seeks to verify the existence or condition of your account in accordance with applicable law; (3) such
disclosure complies with the law or a government agency or court order; or (4) you give us written
permission.
23. NOTICES
a. Name or Address Changes. You are responsible for notifying us of any name or address change. The
Credit Union is only required to attempt to communicate with you at the most recent address you have
provided to us. We may require all name and address changes to be provided in writing. If we attempt
to locate you, we may impose a service fee as set forth in the Truth-in-Savings Disclosure or Schedule of
Fees and Charges.
b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this
Agreement at any time. We will notify you, in a manner we deem appropriate under the circumstances,
of any changes in terms, rates or fees as required by law. We reserve the right to waive any terms of this
Agreement. Any such waiver shall not affect our right to future enforcement.
c. Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we
give to you is effective when it is provided electronically or is deposited in the U.S. mail, postage prepaid
and addressed to you at your statement mailing address, and will be effective whether or not received
by you. Notice to any account owner is considered notice to all account owners.
d. Electronic Notices. If you have agreed to receive notices electronically, we may send you notices
electronically and discontinue mailing paper notices to you until you notify us that you wish to reinstate
receiving paper notices.
24. TAXPAYER IDENTIFICATION NUMBER AND BACKUP WITHHOLDING You agree that we may
withhold taxes from any dividends or interest earned on your account as required by federal, state or
local law or regulations. Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet
other requirements may result in backup withholding. If your account is subject to backup withholding,
we must withhold and pay to the Internal Revenue Service a percentage of dividends, interest, and
certain other payments. If you fail to provide your TIN within a reasonable time we may close your
account and return the balance to you, less any applicable service fees.
25. STATEMENTS
a. Contents. If we provide a periodic statement for your account, you will receive a periodic statement
that shows the transactions and activity on your account during the statement period as required by
applicable law. If a periodic statement is provided, you agree that only one statement is necessary for
joint accounts. For share draft or checking accounts, you understand and agree that your original check
or draft, when paid, becomes property of the Credit Union and may not be returned to you, but copies
of the check or draft may be retained by us or by payable-through financial institutions and may be
made available upon your request. You understand and agree that statements are made available to you
on the date they are mailed to you or, if you have requested, on the date they are made available to you
electronically. You also understand and agree that checks, drafts, or copies thereof are made available
to you on the date the statement is mailed to you or is provided to you electronically, even if the checks
or drafts do not accompany the statement.
b. Examination. You are responsible for promptly examining each statement upon receiving it and
reporting any irregularities to us. If you fail to report any irregularities such as forged, altered,
unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or
transactions, or other discrepancies that are reflected on your statement within 33 days of the date we
sent or otherwise provided the statement to you, we will not be responsible for your loss. We also will
not be liable for any items that are forged or altered in a manner not detectable by a reasonable person,
including the unauthorized use of facsimile signature equipment.
Unauthorized electronic fund transfers governed by Regulation E are subject to different reporting
periods. Please refer to the Electronic Fund Transfers Agreement and Disclosure for reporting
requirements pertaining to electronic fund transfers.
c. Notice to Credit Union. You agree that the Credit Union’s retention of checks or drafts does not alter
or waive your responsibility to examine your statements or the time limit for notifying us of any errors.
The statement will be considered correct for all purposes, and we will not be liable for any payment
made or charge to your account unless you notify us in writing within the above time limit for notifying
us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the
time you regularly receive a statement.
d. Address. If we mail you a statement, we will send it to the last known address shown in our records. If
you have requested to receive your statement electronically, we will send the statement or notice of
statement availability to the last e-mail address shown in our records.
26. INACTIVE ACCOUNTS As allowed by applicable law, we may classify your account as inactive or
dormant and assess a fee if you have not made any transactions in your account over a specified period
of time. The period of inactivity, the fee for servicing an inactive or dormant account, and the minimum
balance required to avoid the service fee, if any, are set forth in our Schedule of Fees and Charges. You
authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To
the extent allowed by law, we reserve the right to transfer the account funds to an account payable or
reserve account and to suspend any further account statements. If a deposit or withdrawal has not been
made on the account and we have had no other sufficient contact with you within the period specified
by state law, the account will then be presumed to be abandoned. Funds in abandoned accounts will be
reported and remitted in accordance with state law. Once funds have been turned over to the state, we
have no further liability to you for such funds. If you choose to reclaim such funds, you must apply to the
appropriate state agency.
27. SPECIAL ACCOUNT INSTRUCTIONS You may request that we facilitate certain trust, will, or court-
ordered account arrangements. However, because we do not give legal advice, we cannot counsel you
as to which account arrangement most appropriately meets the specific requirements of your trust, will,
or court order. If you ask us to follow any instructions that we believe might expose us to claims,
lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your
instructions or may require you to indemnify us or post a bond or provide us with other protection. We
may require that account changes requested by you, or any account owner, such as adding or closing an
account or service, be evidenced by a signed Account Change Card or other document which evidences
a change to an account and accepted by us.
28. TERMINATION OF ACCOUNT We may terminate your account at any time without notice to you
or may require you to close your account and apply for a new account if, for example: (1) there is a
change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed
involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the
account; (4) any checks or drafts are lost or stolen; (5) there are excessive returned unpaid items not
covered by an overdraft protection plan;(6) there has been any misrepresentation or any other abuse of
any of your accounts; (7) we reasonably deem it necessary to prevent a loss to us; or (8) as otherwise
permitted by law. You may terminate an individual account by giving written notice. We reserve the
right to require the consent of all owners to terminate a joint account. We are not responsible for
payment of any check, draft, withdrawal, transaction, or other item after your account is terminated;
however, if we pay an item after termination, you agree to reimburse us.
29. TERMINATION OF MEMBERSHIP; LIMITATION OF SERVICES You may terminate your membership
by giving us written notice or by withdrawing your minimum required membership share, if any, and
closing all of your accounts. You may be expelled from membership for any reason allowed by applicable
law. We may restrict account access and services without notice to you when your account is being
misused; you have demonstrated conduct which is abusive in nature; as outlined in any policy we have
adopted regarding restricting services; or as otherwise permitted by law.
30. DEATH OF ACCOUNT OWNER We may honor all transfer orders, withdrawals, deposits, and other
transactions on an account until we know of a member’s death. Even with such knowledge, we may
continue to pay checks or drafts or honor other payments or transfer orders authorized by the deceased
member for a period of ten days after the member’s death unless we receive instructions from any
person claiming an interest in the account to stop payment on the checks, drafts, or other items. We
may require anyone claiming a deceased owner’s account funds to indemnify us for any losses resulting
from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of
any account owner.
31. UNLAWFUL INTERNET GAMBLING AND OTHER ILLEGAL ACTIVITIES You agree that you are not
engaged in unlawful internet gambling or any other illegal activity. You agree that you will not use any of
your accounts, access devices or services for unlawful internet gambling or other illegal activities. We
may terminate your account relationship if you engage in unlawful internet gambling or other illegal
activities.
32. SEVERABILITY If a court holds any portion of this Agreement to be invalid or unenforceable, the
remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and
effect. All headings are intended for reference only and are not to be construed as part of the
Agreement.
33. ENFORCEMENT You are liable to us for any losses, costs, or expenses we incur resulting from your
failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses from
your account without prior notice to you. If we bring a legal action to collect any amount due under or
to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable
attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment
collection actions.
34. GOVERNING LAW This Agreement is governed by the following, as amended from time to time:
the Credit Union’s bylaws; local clearinghouse and other payment system rules; federal laws and
regulations, including applicable principles of contract law; and the laws and regulations of the state of
Hawaii. As permitted by applicable law, you agree that any legal action regarding this Agreement shall
be brought in the county in which the Credit Union is located.
35. NEGATIVE INFORMATION NOTICE We may report information about your loan, share, or deposit
accounts to credit bureaus. Late payments, missed payments, or other defaults on your accounts may
be reflected in your credit report.
36. MONITORING AND RECORDING COMMUNICATIONS We may monitor and record
communications between you and us, including telephone conversations, electronic messages,
electronic records, or other data transmissions that affect your accounts or other products and services.
Except as otherwise prohibited by applicable law, you agree we may monitor and record such
communications without your approval or further notice to you.
37. CONSENT TO CONTACT By signing or otherwise authenticating an Account Card, you agree we
and/or our third-party providers, including debt collectors, may contact you by telephone or text
message at any telephone number associated with your account, including wireless telephone numbers
(i.e. cell phone numbers) which could result in charges to you, in order to service your account or collect
any amounts owed to us, excluding any contacts for advertising and telemarketing purposes as
prescribed by law. You further agree methods of contact may include use of pre-recorded or artificial
voice messages, and/or use of an automatic dialing device. You may withdraw the consent to be
contacted on your wireless telephone number(s) at any time by providing written notice to us at
P.O. Box 860669, Wahiawa, HI 96786-0669 or by any other reasonable means. If you have provided a
wireless telephone number(s) on or in connection with any account, you represent and agree you are
the wireless subscriber or customary user with respect to the wireless telephone number(s) provided
and have the authority to give this consent. Furthermore, you agree to notify us of any change to the
wireless telephone number(s) which you have provided to us.
In order to help mitigate harm to you and your account, we may contact you on any telephone number
associated with your account, including a wireless telephone number (i.e. cell phone number), to deliver
to you any messages related to suspected or actual fraudulent activity on your account, data security
breaches or identity theft following a data breach, money transfers or any other exigent messages
permitted by applicable law. These contacts will not contain any telemarketing, cross-marketing,
solicitation, advertising, or debt collection message of any kind. The contacts will be concise and limited
in frequency as required by law. You will have an opportunity to opt-out of such communications at the
time of delivery.
© CUNA Mutual Group 1993, 95, 96, 99, 2000,
03-07, 09, 10, 13, 19 All Rights Reserved D10508