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ACB Smart Deposit User Agreement

This Agreement contains the terms and conditions for the use of the ACB Smart Deposit service.  Other agreements you have entered into with American Chartered Bank (“The Bank”), including the Depository Agreement and Disclosures governing your account, are incorporated by reference and made a part of this Agreement.

1. Services. ACB Smart Deposit services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to The Bank.

2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, The Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

3. Limitations of Service. The Services have qualification requirements, and we reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.  Once you have qualified for the Services, you will issued a Username and Password that you are responsible for securely maintaining to prevent unauthorized use. 

4. Ineligible items. You agree that you will not use the Services to scan and deposit any check:

a. Payable to anyone other than the account holder

b. Containing obvious alteration, which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.

c. Previously converted to a substitute check, as defined in Reg CC.

d. Drawn on a financial institution located outside the United States.

e. Not payable in United States currency.

f.  Dated more than 6 months prior to the date of deposit.

g. Prohibited by The Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your account.

5. Procedures and Endorsements. Only certain Mobile Phones are certified for the Services.  You agree to restrictively endorse any item transmitted through the Services as “For deposit only, American Chartered Bank account #XXXXXXX” or as otherwise instructed by The Bank. You agree to follow any and all other procedures and instructions for use of the Services as The Bank may establish from time to time.

6. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from The Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

7. Availability of Funds. Funds deposited using the Services will be available after The Bank receives payment for the funds submitted.  All checks deposited via the Service by the Bank’s stated deadline will be considered deposited on that business day and are subject to the standard availability schedule referenced in the Funds Availability disclosure provided during the opening of the checking account(s) as regulated by Regulation CC and Check 21 legislations.  The Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as The Bank, in its sole discretion, deems relevant.

8. Disposal of Deposited Items. Upon your receipt of a confirmation from The Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item (shred/incinerate) 30 days after deposit to ensure that it is not re-presented for payment. And, you agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to The Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for The Bank’s audit purposes.

9. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.

10. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by The Bank. See Americanchartered.com/ACB Smart Deposit for current hardware and software specifications. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

11. Errors. You agree to notify The Bank of any suspected errors regarding items deposited through the Services as defined in the Terms and Conditions governing your account.

12. Ownership & License. You agree that The Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to The Bank’s business interest, or (iii) to The Bank’s actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

13. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

14. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

15. User warranties and indemnification. You warrant to The Bank that:

a. You will only transmit eligible items.

b. Images will meet the image quality standards.

c. You will not transmit duplicate items.

d. You will not deposit or re-present the original item.

e. All information you provide to The Bank is accurate and true.

f. You will comply with this Agreement and all applicable rules, laws and regulations.