BankCherokee Online Services Agreement

INTRODUCTION
The Online Services Agreement (“Agreement”) governs the use of all online and mobile banking services (“Online Service(s)”) available on a computer through a traditional internet connection at www.BankCherokee.com, on a mobile device through a mobile browser, or through our mobile application available on Android or iOS. There may be additional Online Services that are not specifically described in this Agreement and we reserve the right to add or eliminate Online Services.  Finally, the availability of select Online Services may be limited by your access method or access device.

This Agreement is revised periodically and it may include changes from earlier versions.  By accessing your account and engaging in Online Services, you agree to the most recent version of this Agreement, which is always available to you online and within the mobile application.  You may withdraw your consent at any time by contacting us at a number listed at the end of this Agreement and discontinuing your use of Online Services.

This Agreement contains terms and conditions that apply to your use of the various Online Services and is in addition to other agreements and disclosures that apply to your account(s).  For example, when you access your deposit account online, the terms and conditions of your Deposit Account Agreement do not change and continue to apply.  If, however, there is a conflict between this Agreement and the terms and conditions of any disclosures or agreements that specifically address Online Services, this Agreement will control in resolving those inconsistencies. If you have any questions, please call us at a number listed at the end of this Agreement.  

DEFINITIONS
The following definitions apply in this Agreement:

• The words “we,” “our,” and “us” mean BankCherokee.
• The words “you” and “your” mean each account owner and anyone else with access to the account to perform the transactions or receive the services covered by this Agreement.  If there is more than one owner, then these words mean each account owner separately, and all account owners jointly.
• “Business Account” means (1) any account established by a sole proprietor, corporation, partnership, limited liability entity, or any other business entity, or (2) any account established for other than primarily personal, family, or household purposes.
• “Business Days” include Monday through Friday. The Federal Reserve Bank holidays are not included.
• “Consumer” means a natural person, and does not include a corporation, limited liability company, or other entity.
• “Consumer Account” means a demand deposit (checking), savings, or Certificate of Deposit (CD) consumer account established primarily for personal, family, or household purposes.
• “Service Providers” means any processor, or other third party that we have engaged to provide remittance capabilities, equipment, or other services in connection with any Online Service. This includes any agent, independent contractor, or subcontractor of any of the foregoing. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

GETTING STARTED

ELIGIBILITY
To access Online Services, you must:

• Be a BankCherokee customer with a Consumer Account or Business Account
• Establish and maintain valid log-in credentials (including a personal ID and password) for Online Services; and
• Maintain a valid e-mail address

Use of certain Online Services may require additional accounts or other eligibility requirements described herein.

YOUR RESPONSIBILITY
Providing Personal Information
Your enrollment in Online Services may not be fulfilled if we cannot verify your identity or other necessary information. You agree to provide current and complete information about yourself and you agree not to misrepresent your identity. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made online or by contacting us at a number listed at the end of this Agreement.  We are not responsible for any payment processing errors or fees incurred if you do not provide accurate account or contact information.

Equipment
You are responsible for and must provide all telephones, mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access Online Services. If using a computer, you will need Adobe Acrobat Reader version 8.0 (or higher) to view, print and/or save your online statements and legal notices. The latest version of Adobe Reader is available for free at www.adobe.com.

CELLULAR PHONE CONTACT POLICY
By providing us with a telephone number for a mobile device, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us.  This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your mobile services provider.

You have the ability to update your contact information and manage your communication preferences at any time by visiting us at a branch, logging in to your account online at www.BankCherokee.com, or by contacting us at a number listed at the end of this Agreement.   Please see our Consumer Privacy Statement to learn more about how we use and share your information.

Consent to Receiving Text Messages and Other Communications
You will need to register your mobile device before we are able to send you text messages such as Messenger Account Alerts. When you register your mobile number for use with Online Services, we will send you a confirmation code that you will need to enter to complete your registration.  By registering your cellular phone number for text-based services such as Messenger Alerts, you expressly consent to receiving text messages related to the specific Online Services that use such functionality.  Message and data rates may apply and you are responsible for any such charges. In the event your mobile device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.  If you have questions, you may send a text message with the word “HELP” to this number: _99588__. To stop receiving text messages on your mobile phone, text “STOP” to this number: _99588___.   When using certain Online Services, you may receive co-branded communications from us and/or a Service Provider regarding that specific service. You may also receive co-branded communication if action is needed from you to continue service or if there is a change to your account.

PRIVACY & CONFIDENTIALITY
Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law. All information gathered from you in connection with using Online Services will be governed by the provisions of the BankCherokee Consumer Privacy Statement. 

Location Based Information
If you use any location-based feature of any Online Service (such as our ATM locator on a mobile device) you agree that your geographic location and other personal information may be accessed and disclosed through the application or service. If you wish to revoke access to such information you must cease using location-based features of the application or service.  

FEES AND CHARGES
There may be additional fees and charges for select Online Services.  Fees and charges may be changed in our sole discretion and you will receive notice of these changes in accordance with applicable law.  You agree to pay all such fees and charges associated with Online Services and authorize us to deduct the calculated amount from your BankCherokee account(s).   Existing fees and charges associated with your BankCherokee account(s) will continue to apply.

You are responsible for any and all other fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, or any other third party provider you may engage.

MOBILE SOFTWARE LICENSE
You may access Online Services on a mobile device by using our mobile application available on Android or iOS.  We reserve the right to modify the scope of Online Services available on our mobile application at any time and you agree that some or all of the Online Services may not be accessible or may have limited utility.  Subject to your compliance with this Agreement, you are hereby granted a personal limited license (“License”) to download, install and use our mobile application software (“Software”) on your mobile device within the United States and its territories. This License shall be deemed revoked immediately upon:

• The termination of your enrollment in Online Services in accordance with this Agreement;
• Your deletion of the Software from your mobile device;
• Your noncompliance with this Agreement; or
• Written notice to you at any time, with or without cause.

In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your mobile device if you have not already done so. This License does not amend or supersede any agreements you may have with your mobile service provider. You understand that those agreements may provide for fees, limitations and other restrictions which might impact your use of the Software (for example, your mobile service carrier or provider may impose data usage or text message charges for downloading the Software, receiving or sending text messages, or other use of your mobile device when using the Software), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that your mobile service provider is responsible for its products and services and it is responsible for the operation, security, functionality or availability of any mobile device or mobile network which you utilize to access the Software.

ONLINE AND MOBILE SECURITY
As a BankCherokee customer engaging in Online Services, you have chosen a personal ID and password which allows you to access Online Services.  Information you provide in connection with Online Services will be stored on secure servers and protected by advanced encryption techniques. These commercially reasonable security measures are intended to keep your important information secure and to prevent unauthorized access. Effective security; however, is partly contingent upon your responsible behavior in protecting your personal ID and password for Online Services. Please use maximum caution in protecting your personal ID and password.

PROTECTING YOUR PERSONAL ID AND PASSWORD
You are responsible for keeping your personal ID and password confidential. You are also responsible for ensuring that you have logged out when your online session is complete to prevent unauthorized persons from using Online Services.

If you give anyone access to your personal ID and password, you agree that each person will be acting as your agent and on your behalf and will be bound by this Agreement and any separate agreement governing your account.  Any arrangements between you and such other person are strictly between you, and we are not liable for such other person’s access or actions.  We may rely and act on all instructions received via our web sites using your personal ID and password, and all transactions performed, even if not intended by you, are considered transactions authorized by you.  You agree that any transaction that would otherwise require two or more signatures will not apply to Online Services. 

Contact us at a number listed at the end of this Agreement, if:

• You would like to change, disable, or revoke your password; or
• You believe that your password or other means to access Online Services has been lost or stolen; or
• You believe that someone may attempt to use Online Services without your consent or has transferred money without your permission.

REPORTING UNAUTHORIZED TRANSACTIONS
If you believe that an unauthorized transaction has been made from your account please contact us as soon as possible at a number listed at the end of this Agreement.  You may also notify us in writing, or by visiting a branch.  Contacting us right away will help you reduce possible losses.

Consumer Accounts
You will not be liable for unauthorized transactions on Consumer Accounts as long as you report any unauthorized transactions within sixty (60) days of when we first deliver a statement to you that discloses an unauthorized transaction. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.  If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion, extend the period.

Business Accounts
We may process any instructions which are submitted using your online credentials and such instructions are effective even if not transmitted or authorized by you.  You agree to maintain appropriate accounting and auditing procedures to protect your Business Accounts from intentional or negligent misuse.  You agree to promptly review all paper and electronic statements, notices, and transaction information made available to you and to report all unauthorized transactions and errors immediately.  You may not be liable for unauthorized transactions as long as you report any unauthorized transactions within 24 hours from the posting of the alleged unauthorized transaction.

ERROR RESOLUTION
Consumer Accounts
In case of errors or questions about Consumer Account transactions related to any Online Service, please contact us as soon as possible by calling, writing, or visiting a branch; our contact information is listed at the end of this Agreement.

If you think your statement or transaction history is incorrect or you need more information about any Online Service transaction listed in your deposit statement or transaction history, we must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:

• Tell us your name and account number;
• Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint or question in writing within ten (10) Business Days after your oral notification.  We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly.  However, if we require more time to confirm the nature of your complaint or question, we may take up to forty-five (45) days to complete our investigation.  If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error so that you will have use of the money during the time that it takes us to complete our investigation.  If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.  For errors involving new accounts, we may take up to ninety (90) days to investigate your question and we may take up to twenty (20) Business Days to credit your account for the amount you think is in error.  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 documents used in our investigation.

STOP PAYMENT REQUESTS
In using Online Services to make payments, you may only stop such payments as provided in this agreement.  We are entitled to a reasonable period to act upon any stop payment request and may not have an opportunity to act on any stop payment request after a payment has been processed. The charge for each stop payment request will be the current charge for such service as set out in the BankCherokee Service Fee Brochure.  Our ability to process a stop payment request will depend on the payment method and whether or not final payment has been made.

Electronic Payments
If your payment is made electronically, you have no right to stop payment.  (If the payment has not yet begun processing, you may be able to cancel the payment by logging in to your account or by calling us at a number at the end of this Agreement.)

Paper Payments
If the payment is made by a paper check issued on your behalf, and we have already paid the check, it is NOT possible to stop payment.  If we have not yet paid the check, it may be possible to stop payment. To stop payment of a paper check in this circumstance, you must call us at a number listed at the end of this Agreement.

Preauthorized Payments
To stop a preauthorized recurring payment or transfer, call us at a number listed at the end of this Agreement. You must call in time for us to receive your request and to be able to act upon it, which in the case of preauthorized recurring payments, is at least three Business Days before the transfer is scheduled to occur.  We may also require you to put your request in writing and forward it to us within 14 days after you call.

ONLINE STATEMENTS AND NOTICES
Introduction
You have the right to receive a paper statement for any account that you access electronically and you may elect to receive account statements and notices electronically as detailed below.  Generally, the cycle time for your electronic account statements will be the same frequency as your paper statements.  Your selected documents will be delivered to the “Documents” section of your online session and will be presented in a format that you can view online, save to your computer, or print at your convenience.  

Once you enroll in the electronic presentment of any document, you may no longer receive paper versions of the selected documents unless you specifically request it.  To request a paper copy of any disclosure, notice or other document, contact us at a number at the end of this Agreement.  Copies of important account notices and tax statements will be mailed at no charge. Copies of previously issued account statements, copies of checks, or other account specific items may carry a fee (please see BankCherokee Service Fee Brochure or call us at a number at the end of this Agreement for more information).

MESSENGER ALERTS
Introduction
You may establish Account (“Messenger”) alerts for any of your Consumer or Business Accounts.  All Messenger Alerts are sent via e-mail or text message as designated by you and may be managed as described below.  Message and data rates may apply and the message frequency depends on the account settings you select.

Messenger Alerts
Messenger Alerts are passive notifications and reminders related to your Consumer and Business Account. Some examples include: low balance alerts, transactional alerts (such as withdrawals over a specified amount), and loan payment alerts.

Establishing Alerts
You may choose which Messenger Alerts you would like to receive, the account(s) to which the alerts will relate, and the electronic addresses (e-mail address or mobile number) to which the Messenger Alerts will be sent.

Managing Your Alerts
You may manage your Messenger Alerts online at www.BankCherokee.com.
Delivery of Alerts
Messenger Alerts will be sent each day, at various times, when transactions occur that meet your specified criteria. You understand and agree that Account Alerts may not be sent on a “real time” basis, and may be sent at the next scheduled delivery time after the specified transaction event occurs. We reserve the right to change the frequency or timing of Messenger Alerts.

Limitations of Account Alerts
Account Alerts are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).  A low balance Messenger Alert is not a substitute for overdraft protection.  It is your responsibility to ensure that all your accounts have sufficient funds to cover all outstanding items.

FEATURED ONLINE SERVICES

BILL PAY
Introduction
Bill Pay is a bill payment service which allows you to pay bills online. Through Bill Pay, you can:

• Make one time or pre-authorized automatic recurring payments to a person or business (a “Payee”) in the United States,
• Establish and manage electronic billing; and,
• Review, change, and cancel payments.

When you use Bill Pay, you must designate the account from which we are to make payment (the “Pay From” Account).  The Pay From Account must be either a checking account or a money market account. When you issue a payment instruction through Bill Pay, you authorize Bill Pay to debit your Pay From Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the scheduled payment date designated by you.

The use of Bill Pay does not alter your liability or obligations that currently exist between you and your billers.  Additional Terms and Conditions of Bill Pay can be found by clicking the ‘View the Terms and Conditions’ link at the bottom of the Bill Pay Payment Center page.

Bill Pay remains active as long as you continue to use it.  If you no longer wish to use Bill Pay please contact us so that we may deactivate it.  If you do not use Bill Pay at least once every 90 days, we will automatically deactivate the Bill Pay service on your account.   If you need your Bill Pay service reactivated, you must call us at a number listed at the end of this Agreement.

ONE-TIME PAY A PERSON (“POPMONEY”)
Introduction
With Popmoney, you can send money electronically to anyone using an e-mail address or a mobile phone number.  You can access the Popmoney by clicking the Bill Pay tab within the online banking application, then accessing Popmoney on the Payment Center web page.

Definitions
“Receiver” is a person or business entity that receives a payment transaction through Popmoney.
“Sender” is a person or business entity that sends a payment transaction through Popmoney.
“ACH Network” means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.

Send Money
You may use Popmoney to send money along with a short message to anyone using an email address or a mobile phone number.  The Popmoney feature may be used to initiate (a) a one-time payment transaction to a Receiver for which processing shall be initiated immediately, or (b) a one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year. 

Your Responsibility
Accuracy – It is your responsibility to ensure the accuracy of any information that you enter into Popmoney.  You will be responsible for any transaction processed on your payment instruction even if you make an error.  It is your error if you sent the transaction to the wrong Receiver because you mistype, or otherwise incorrectly enter the Receiver’s name, account number, telephone number and/or e-mail address; you send too little or too much money because you mistype, or otherwise incorrectly enter, the dollar amount; or you send a duplicate transaction because you believe that the initial transaction was not successful. You are responsible for informing us as soon as possible if you become aware that any information is inaccurate.  We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information. 

Fees and Charges
There may be additional fees and charges for sending money using Popmoney.  These fees are described within the user interface.  You agree to pay all such fees and charges associated with Popmoney.  Additional Terms and Conditions of the Popmoney service can be found by clicking the ‘View the Terms and Conditions’ link at the bottom of the Bill Pay Payment Center page.

TRANSFER MONEY
Introduction
You may use the Transfer Money feature within the Payment Center to setup a one-time or recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates.  In order to use the Transfer Money feature you must provide all the required information about the Receiver, including his or her account information necessary to complete an ACH Network transfer of funds.  If the required information about the Receiver is not available, you should use Popmoney to process a one-time transaction to the Receiver. 

Additional Terms and Conditions of the Transfer Money can be found by clicking the ‘View the Terms and Conditions’ link at the bottom of the Bill Pay Payment Center page.

MOBILE DEPOSIT
Introduction
Mobile Deposit is designed to allow you to make deposits of checks to your accounts from home or other remote locations by taking a picture of the original checks and delivering the digital images and associated deposit information to us, or our processor with your Mobile Device.  When you sign up for Mobile Deposit, you agree to the terms and conditions set forth herein (which are in addition to the terms and conditions of your Deposit Account Agreement).  

Definitions
“Check Image (Image or image)” means an electronic image of an original paper check or an electronic image of a Substitute Check that is created by you, us, or another bank or depository institution in the check collection system.
“Customer System” means the computer hardware, mobile device, software, and web-based applications used by you to prepare Electronic Deposits and to access the Mobile Deposit remote deposit capture service.
“MICR Data” means information from the Magnetic Ink Character Recognition stylized printing on the bottom of checks consisting of routing, transit, account, and check serial numbers.
“Remote Deposit Capture System” means BankCherokee’s computer systems and databases that you may access in order to use Mobile Deposit.
“Substitute Check” means a paper check document that meets the definition of a “substitute check” in the Check Collection for the 21st Century Act as implemented by Regulation CC of the Federal Reserve Board.

Requirements to use Mobile Deposit
To use Mobile Deposit, you must use a checking account and all your accounts with us must be in good standing.  We can also impose any other eligibility requirements on the use of Mobile Deposit at any time.  

Limits
We may establish limits on the dollar amount and/or number of items or deposits (and may change the limits at any 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 set forth herein, and we will not be obligated to allow such a deposit at other times. 

Depositing Checks
You must follow all instructions we give you when you use Mobile Deposit.  Only checks that are acceptable to us can be uploaded and deposited, and the image of the check must be legible and comply with any applicable image quality requirements.  Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include your signature and “For Mobile Deposit Only”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint account owner, either of you can endorse it.  If the check is made payable to you and your joint account owner, both of you must endorse the check.  You agree that you will NOT use Mobile Deposit to:

• Deposit checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you). 
• Deposit checks payable to you and another party who is not a joint owner on the account.
• Deposit checks that contain evidence of alteration, or that 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.

Receipt of Deposit
When we receive an image, we will confirm receipt via a message to you on your device.  We shall not be deemed to have received the image for deposit until we have confirmed receipt to you.  Confirmation does not mean that the image contains no errors.  We are not responsible for any image that we do not receive.  The way we clear, present and collect a deposit made using Mobile Deposit is solely up to us.  We may reject any deposit made using Mobile Deposit for any reason and will notify you of rejected images.

Original Checks
After you receive confirmation that we have received an image, you must destroy the check by shredding or other means, or clearly mark “VOID” or “Electronically Deposited” on the front and back of the check.  This prevents the check from being presented for deposit another time.  After destruction of an original check, the image will be the sole evidence of the original check.  You agree never to re-present to us or any other party a check that has been deposited through Mobile Deposit.  You will be liable for checks that are presented and/or deposited more than once.   

Returned Deposits
Any credit to your account for checks deposited using Mobile Deposit is provisional.  If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check.  You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item.  Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.  

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Your Warranties
You make the following warranties and representations with respect to each image:

• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
• There are no other duplicate images of the original check.
• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
• You are authorized to enforce and obtain payment of the original check.
• You have possession of the original check and no party will submit the original check for payment.

Your Responsibility
With respect to each Check Image that you transmit to us, you indemnify and hold us, our affiliates and other Service Providers and each of our and their respective officers, directors, employees and agents harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorney fees and court costs at trial or on appeal) arising directly or indirectly:

• From your breach of a representation or warranty,
• As a result of any of your acts or omissions in the capturing, creation or transmission of the Check Image including without limitation the encoding of the MICR Data from the original paper check;
• From any duplicate, fraudulent or unauthorized check, Check Image or Substitute Check;
• For any loss caused by our acceptance or creation of a Check Image or Substitute Check instead of presentment of the original paper check; or
• From any other act or omission arising out of our action or inaction taken pursuant to any request by you or pursuant to this Agreement.

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image.  You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.  

Security Procedures
You must comply with all security procedures for Mobile Deposit that are established by us or set forth in any written user requirements communicated to you. You are solely responsible for maintaining your own internal security procedures, and preventing errors or unauthorized access to the Customer System or the Remote Deposit Capture System.

Mobile Deposit Unavailability
Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software.  In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches.

Funds Availability
All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Funds Availability Schedule with us and will be subject to all terms and conditions of your Deposit Account Agreement.   For purposes of funds availability, Mobile Deposits are considered deposited at one of our branches.  Mobile Deposits confirmed as received before __2:30PM Central Time__ will be credited to your account within 24 hours of receipt.  Deposits confirmed received after close of business, and deposits confirmed received on holidays or days that are not business days will be credited to your account within 24 hours of the following business day.

Determination of Items Eligible for Mobile Deposit
Only a check, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for deposit as a Check Image. Without limiting the preceding sentence, we reserve the right to reject any deposit for any reason and the following items are specifically not eligible for deposit using Mobile Deposit:

• Checks, including travelers checks, that are drawn on banks located outside of the United States,
• Checks payable in a medium other than U.S. dollars,
• Non-cash items (as defined under Section 229.2(u) of Federal Reserve’s Regulation CC),
• Promissory notes and similar obligations
• Savings bonds,
• Third party checks,
• Pre-existing substitute checks,
• Checks that have been previously returned as unpaid or uncollected,
• Checks drawn on your own BankCherokee account,
• Checks greater than 180 days old,
• Checks that contain erasures or checks that have been altered; and

Fees and Charges
There may be additional fees and charges for using Mobile Deposit; these fees are described within the user interface and in the BankCherokee Service Fee Brochure.  You agree to pay all such fees and charges associated with Mobile Deposit and authorize us to deduct the calculated amount from your BankCherokee account(s).  Fees will only be assessed if the Electronic Deposit is accepted.

Limitations of Mobile Deposit
Mobile Deposit is only available for use within the United States. You may use Mobile Deposit for business or personal use for as long as we in our sole discretion provide Mobile Deposit to you. As part of Mobile Deposit, we reserve the right to periodically audit your remote deposit capture, security, and information technology processes, and to require you to implement reasonable and necessary controls. 

Once a Check Image has been accepted for deposit, we are not able to delete or remove the item from the collection process and it becomes subject to the funds availability policy described herein.

CHANGES IN TERMS OF USE
By accessing your account and continuing to engage in Online Services, you agree to the most recent version of this Agreement.

We reserve the right to modify this Agreement at any time.  You will receive notice in accordance with applicable law when any changes are made that materially affect your rights.

DELAY OR SUSPENSION OF SERVICE
Without limiting any other provision of this Agreement, if we or any other Service Provider reasonably believes that your conduct in using any Online Service constitutes a “Threatening Condition” (including but not limited to, violation of this Agreement, violation of any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider, we or any such Service Provider may provide you with a notice to cease the Threatening Condition.  If, in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of any Online Service without notice.

TERM AND TERMINATION
We may terminate all or part of this Agreement and your use of any or all Online Services for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Online Services upon our request. You may voluntarily terminate your access to Online Services and withdraw your consent to this Agreement by calling us at the number listed at the end of this Agreement.  If you terminate your access and/or withdraw your consent to this agreement, you will no longer have access to any of the Online Services.

All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, and indemnification.

CONTACT US
You may contact us by calling our Convenience Banking Center at (651) 225-6299, 8:30am–5:00pm Monday through Friday, or Saturday 9:00am–Noon.   Or you may visit one of our branch locations.