This Remote Deposit Services User Agreement (this “Agreement”) contains the terms and conditions for the use of Liberty Savings Bank, FSB’s mobile check deposit and/or other remote deposit capture services that Liberty Savings Bank, FSB or its affiliates (collectively “Liberty Savings Bank,” “us,” or “we”) may provide to you (“you” or “User”). The terms and provisions of other agreements you have entered into with Liberty Savings Bank are incorporated herein by this reference and made a part of this Agreement.

  1. Services. The remote deposit capture services (the “Services”) are designed to allow you to make deposits to your checking or money market deposit account from home or other remote locations by scanning checks and delivering the images and associated deposit information to Liberty Savings Bank or Liberty Savings Bank’s designated processor.
  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, US mail, or on our website(s) by providing a link to the revised Agreement/changes or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Services after Liberty Savings Bank has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, Liberty Savings 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. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions in Services. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. 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 at any time without prior notice to you.
  4. Hardware and Software. In order to use the Services, you must use, at your expense, compatible hardware and software. We are not responsible for any third party software you may need to use the Services. We may change requirements at any time without prior notice to you.
  5. Fees. A fee may be charged for the Services. You are responsible for paying the fees for any use of the Services. Any fee that is charged will be disclosed prior to your deposit. Liberty Savings Bank may change the fees for any use of the Services at any time pursuant to the section titled “Acceptance of these Terms” above. You authorize Liberty Savings Bank to deduct any such fees from any Liberty Savings Bank account in your name. Fees will not be charged during any free trial period or other promotion.
  6. Eligible Items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to Liberty Savings Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
    1. Checks payable to any person other than the person that owns the account into which the check is being deposited.
    2. Checks written off of any account that you own or on which you are a signer.
    3. Checks containing an alteration on the front of the check or item, or 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 is drawn.
    4. Checks payable jointly, unless deposited into an account in the name of all payees.
    5. Checks previously converted to a substitute check, as defined by Reg. CC.
    6. Checks drawn on a financial institution located outside the United States.
    7. Checks that are remotely created, as defined in Reg. CC.
    8. Checks not payable in United States currency.
    9. Checks dated more than six (6) months prior to the date of deposit.
    10. Checks payable on sight or payable through Drafts, as defined in Reg. CC.
    11. Checks with any endorsement on the back other than specified in this Agreement.
    12. Checks that have previously been submitted through the Services or through a remote deposit service offered at any other financial institution.
  7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #______” or as otherwise instructed by Liberty Savings Bank. You agree to follow any and all other procedures and instructions for use of the Services as Liberty Savings Bank may establish from time to time.
  8. 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 Liberty Savings Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that Liberty Savings Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
  9. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Reg. CC. In general, if an image of an item you transmit through the Services is received and accepted before 8:00 p.m. Eastern Standard Time on a business day we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be available two (2) business days after the business day of your deposit. We reserve the right to further delay availability of items submitted through the Services at our discretion.
  10. Disposal of Transmitted Items. Upon your receipt of a confirmation from Liberty Savings Bank that we have received an item that you have transmitted, you agree to retain the item for at least thirty (30) calendar days from the date of the image transmission. After 30 days, you agree to destroy the item that you transmitted as an image, mark it “VOID,” or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained item is available, you agree to promptly provide it to Liberty Savings Bank upon request.
  11. Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $1,500 per business day. Daily deposit limits may vary for users of other services.
  12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in the sole discretion of Liberty Savings Bank and our service partners.
  13. Errors. You agree to notify Liberty Savings Bank of any suspected errors regarding items deposited through the Services immediately, and in no event later than thirty (30) days after the applicable Liberty Savings Bank account statement is mailed or made available for viewing through our eStatements service. Unless you notify Liberty Savings Bank within such 30 day period, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Liberty Savings Bank for any alleged errors regarding said statement or the items contained therein.
  14. Errors in Transmission. By using the Services, you accept the risk that an item may be intercepted or misdirected during transmission. Liberty Savings Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
  15. Image Quality. The image of an item transmitted to Liberty Savings Bank using the Services must be legible, as determined at the sole discretion of Liberty Savings Bank. Without limiting the foregoing, the image quality of an item must comply with the requirements established from time to time by Liberty Savings Bank, ANSI, The Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse, or association.
  16. User Warranties and Indemnification. You warrant to Liberty Savings Bank that:
    1. You will only transmit eligible items.
    2. You will not transmit duplicate items.
    3. You will not re-deposit or re-present the original item.
    4. All information you provide to Liberty Savings Bank is accurate and true.
    5. You will comply with this Agreement and all applicable rules, laws, and regulations.
    6. You are not aware of any factor which may impair the collectability of the item.
    7. You agree to defend, indemnify and hold harmless Liberty Savings Bank from any claim or loss for breach of this warranty provision.
  17. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including, without limitation, by providing, upon request and without further cost, any originals or copies of items deposited through the Services in your possession and your records relating to such items and transmissions.
  18. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term or provision of this Agreement, if you use the Services for any unauthorized or illegal purposes, or you use the Services in a manner inconsistent with any other agreement with us.
  19. Enforceability; No Assignment. We may waive enforcement of any provision of this Agreement at our sole and absolute discretion. Notwithstanding, no waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. You may not assign your rights under this Agreement, whether in whole or in part, to any person or third party.
  20. Ownership and License. You agree that Liberty Savings Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject 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 that would be contrary to Liberty Savings Bank’s business interest, or (iii) to Liberty Savings Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. 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.
  21. Disclaimer of Warranties. YOU AGREE THAT 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 NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR NEEDS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  22. Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE), EVEN IF LIBERTY SAVINGS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

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