TERMS AND CONDITIONS OF YOUR ACCOUNT This Agreement covers your and our rights and responsibilities concerning accounts Team One Credit Union offers. In this Agr eement, Pleas e read this brochure carefully. If you continue to have an account w ith us, you agree to these rules, our bylaw s, and any bylaw amendments . You agree to pay fees w e charge and you give us the right to collect any fees, as earned, directly from the account balance. You w ill receive a separate schedule of rates, qualifying balances, and fees if they are not included in this brochure. If you have any questio ns, please call us. Am endments and Termination We may change our bylaw s and any term of this agreement. Rules governing changes in interest or dividend rates have been provided separately. For other changes, w e w ill give you reasonable notice in w riting or any other method permitted by law . Secondar y shares w ith no activity w ithin the last 12 months and a balance of $10 or less w ill be closed. Any remaining funds w ill be transferred to the regular savings. You agree to keep us informed about your current address at all times. Notice from us to any one of you is notice to all of you. Membership Eligibility To join the Credit Union you must meet the membership requirements including purchase and maintenance of at least one (1) share history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the accounts and servic es you request. Identity Verification To help the government fight the funding of terrorism and money laundering activities, Federal Law requires all financial ins titutions to obtain, verify and record information that identifies each person w ho opens an account or creates a new member relatio nship w ith our Credit Union. What this means to you: When you open an account, w e w ill ask you for your name, address, date of birth, and other information that w ill allow us to identify you. We w ill also ask to see specific documentation to verify your identity. Individual Account An individual account is ow ned by one member (individual, corporation, partnership, trust or other organization) qualified fo r Credit Union membership. If the account ow ner dies, the interest passes, subject to applic other provisions of this Agreement governing our protection for honoring transfer and w ithdraw al requests of an ow ner or ow ne Joint Account An account ow ned by tw o or more persons is a joint account. a. Rights of Survivorship. A joint account includes rights of survivorship. This means w hen one ow ner dies, the balanc e surviving ow ner did not consent to it. b. Control of Joint Accounts. Any ow ner is authorized and deemed to act for any other ow ner(s) and may instruct us regarding transactions and other account matters. Each ow ner guarantees the signature of any other ow ner(s). We have no duty to notify any ow ner(s) about any transaction. We require w ritten consent of all living ow ners for any change of ow nership on an account. No beneficiary can be added or removed w ithout consent of all living ow ners. If w e receive w ritten notice of a dispute betw een ow ners or inconsistent instructions from them, w e may suspend or terminate the account and require a court order or w ritten consent from all ow ners to act. c. Joint Account Ow ner Liability. If a deposited item in a multiple party account is returned unpaid, an account is overdraw n, or if w e do not receive final payment on a transaction, the ow ners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of w ho initiated or benefited from the transaction. If any account ow ner is indebted to us, w e may enforce our rights against any account of an ow ner or all funds in the jointly ow ned accounts regardless of w ho contributed them. Accounts for Minors We may require any account established by a minor to be a joint account w ith an ow ner w ho has reached the age of majority under state law and w ho shall, to the extent permitted by state law , be jointly and severally liable to us for any returned item, overdra ft, or unpaid charges or amounts on such account. We may pay funds directly to the minor w ithout regard to his or her minority. Unless a guardian or parent is an account ow ner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transactions. We w ill not change the account status w hen the minor reaches the age of majority, unless authorized in w riting by all account ow ners. Revocable Trust Account If tw o or more of you create such an account, you ow n the account jointly w ith rights of survivorship. Beneficiaries acquire the right to w ithdraw only if: (1) all persons creating the account die, and (2) the beneficiary is then living. If tw o or more beneficia ries are named and survive the death of all persons creating the account, such beneficiaries w ill ow n the account in equal shares, w ithout rights of survivorship. The person(s) creating this type of account reserves the right to (1) change beneficiaries, (2) change account types, and (3) w ithdraw all or part of the deposit at any time. Corporate, Partnership, and other Organizational Accounts We w ill usually require a separate authorization form designating the person(s) permitted to w ithdraw and the conditions requ ired for w ithdraw al from any account in the name of a legal entity such as a partnership, c orporation or other organization. We w ill honor the authorization according to its terms until it is amended or terminated in w riting by the governing body of the organization. Agents An agent is someone w ho you authorize to have access to this account on your behalf. (We have no duty or agreement w hatsoever to monitor or insure that the acts of this agent are for your benefit.) This may be done by a separate form (such as pow er of a ttorney). An agent is not an ow ner on the account. We w ill allow agents to be appointed only on individual accounts unless each ow ner of the joint account has executed a separate pow er of attorney naming an agent. We may refuse to accept an agent, or age ncy account. Facsim ile Signatures Any member using a Facsimile Signature authorizes and directs Team One, w ithout further inquiry and as an accommodation to th e member, to honor and pay checks, drafts, and other negotiable instruments ("Instruments") bearing or purporting to bear a facsimile signature, and to charge and debit the member account(s) for such instruments, regardless of how or by w hom the actual or pur ported facsimile signature w as affixed. The member agrees to assume full responsibility for items Team One pays containing or purporting to contain a Facsimile Signature and is precluded from asserting and agrees to indemnify and hold Team One harmless from any and all s arising from or related to any use, misuse, or unauthorized or unlaw ful use of a Facsimile Signature or device Account Transfer This account may not be transferred or assigned w ithout our prior w ritten consent. Right to Repayment of Indebtedness You each agree that w e may (w ithout prior notice and w hen permitted by law ) charge against and deduct from this account any d ue and payable debt ow ed to us now or in the future, by any of you having the right to w ithdraw al, to the extent of such pers tled to and demand under the terms of the note at the time w e charge the account, including any balance after the due date for w hich w e properly accelerate under the note. Our right to repayment does not apply to this account if: (a) it is an Individual Retirement Account or other tax deferred r etirement account, ses only in a representative capacity. We w ill not be liable for the dishonor of any check or draft w hen the dishonor occurs because w e charge and deduct an amount you ow e us from your account. You agree to hold us harmless from any claim arising as a result of our exercise of our right to repayment. Withdraw als Unless otherw ise clearly indicated to the contrary, any one of you w ho is designated on the membership application, including any agents, is authorized to w ithdraw or transfer all or any part of the account balance at any time on a form approved by us. The fact that w e may honor a w ithdraw al request, w hich overdraw s the finally collected account balance, does not obligate us to do so, unless requ ired by law. Withdraw als w ill be first made from collected funds, and w e may, unless prohibited by law or w ritten policy, refuse any w ithdraw al request against uncollected funds, even if our general practice is to the contrary. We reserve the right to refuse any w ithdraw al or transfer request, w hich is attempted by any method not specifically permitted, w hich is for any amount less than any minimum w ithdraw al requirements, or w hich exceeds any frequency limitation. Even if w e honor a nonconforming request, repeated abuse of the stated limitations ( if any) may eventually force us to close this account. We w ill use the date a transaction is completed by us (as opposed to the day that you initiated it) to apply the frequency limitations. We reserve the right to require you to notify us of your intention to w ithdraw shares or deposits from iration of any notice may be restricted and may be subject to penalty. See your Truth-In-Savings disclosure for notice of penalties for early w ithdraw als. Deposit Reconciliation Practices When you make a deposit to an account and a variance is identified, the Credit Union w ill fully reconcile the discrepancies in the deposit accounts. A discrepancy arises in a variety of situations, including inaccuracies on the deposit slip, encoding erro rs, or poor image quality. You w ill receive notification of the adjustment (by phone, in person during the posting of the transaction or by mailed receipt). Pledges Unless you tell us differently in w riting, each ow ner of this account may pledge all or any part of the funds in it for any purpose to w hich w e agree. Any pledge of this account must first be satisfied before the rights of any joint account survivor or trust accoun t beneficiary becomes effective. For example, if one joint tenant pledges the deposit evidence by this agreement for a debt (i.e. uses it to secure a fied, and (2) the debt may be satisfied w ith the funds in this account. Direct Deposits If, in connection w ith a direct deposit plan, w e deposit any amount in this account w hich should have been returned to the Fe deral Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from this account or from any other account you have w ith us, w ithout prior notice and at any time, except as prohibited by law . We may also use any o ther legal remedy to recover the amount of our liability. Restrictive Legends We are not required to honor any restrictive legend on items you w rite. Examples of restrictive l ithin 90 YOUR LIABILITY FOR OVERDRAFTS: PLEASE REVIEW THIS INFORMATION -6575, OR VISIT ANY BRANCH. A. GENERAL. 1. What Does it Mean to Overdraw Your Account? sufficient available funds Some transactions that can result in an overdraft in your account include, but are not limited to: the payment of checks, electronic fund transfers, telephone-initiated transactions, preauthorized payments under our Bill Payment Service, debit card transactions, or other w ithdraw al requests authorized by you; the return (unpaid) of items deposited by you; the assessment of service charges by us; or 2. What Happens if the Credit Union Refuses to Pay the Item? If you overdraw your account, w e may return the item unpaid, - control over how many times an intended payee w ill resubmit an item to us for payment. When w e return an item unpaid, we w ill assess you an NSF Fee each time the item is presented to us for payment. There is no limit on the number of NSF Fees w e may assess against your account. NSF items are described in more detail in Section D. 3. What Happens if the Credit Union Pays the Item ? If you overdraw your account and w e pay the item, w e may do so in one of tw o w ays: You can elect to decline either of these services at any time, w hich may result in your transactions being declined for nonsufficient funds if the available balance in your account is insufficient to pay for your transaction. The Credit Union also offers an overdraft line of credit for qualifying members. This Overdraft Policy describes only our Courtesy Pay and Overdraft Transfer Services. If you have questions regarding applying for an overdraft line of credit, please contac t the Credit Union for additional information. 4. Your Obligation to Keep Records of Your Transactions. While w e provide Courtesy Pay and the Overdraft Transfer Service for your convenience and as a w ay to help you avoid overdrafts, NSF transactions, and associated fees, you are responsible for keeping track of the funds in your account that are available for you to use before you w rite a check, preauthorize a payment under our Bill Payment service, authorize an ACH transaction, make a cash w ithdraw al at an ATM, or use your debit card for a transaction. Among other things, you should keep a running balance that reflects all of your transactions. It is im perative that you keep track of the transactions you m ay have authorized (such as outstanding checks or automatic bil l paym ents), as your available balance (discussed in more detail below) may not reflect these transactions until they are paid from your account. B. YOUR AVAILABLE BALANCE. 1. Actual Balance Versus Available Balance. n you review your account online, at a Credit Union-ow ned ATM, by phone, or at a branch. It is important to understand how these tw o balances w ork so that you know how much money is available to you in your account at any given time. This section explains actual and available balances and how they w ork. 2. lso sometimes referred t may sound as though the number you see is an up-to-date indication of w hat is in your account that you can spend, that is not alw ays the case because any purchases, holds, fees, other charges, or deposits made on your account that have not yet posted w ill not appear in your actual balance. For example: a. assume you have a $50 actual balance, but you just w rote a check for $40, then your actual balance is $50 but it does not reflect the pending check transaction. Though your actual balance is $50, you have already spent $40. 3. Your available balance is the amount of money in your account that is available to you to use w ithout incurring a fee. The available balance takes into account factors such as holds placed on deposits and pending transactio ns, like pending debit card purchases that the Credit Union has authorized, but that have not yet posted or settled to your account. For example: a. assume you have an actual balance of $50. If you w ere to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to pre-authorize the payment in that amount (or even a different amount). If the merchant payment (w hich could be days later and for a different amount than the amount of the authorization hold), w e w ill release the authorization hold, post the transaction to your account, and your actual balance w ill be reduced by the amount of the posted transaction. 4. Your Available Balance and Non-Debit Card Transactions. For electronic funds transfers (ACH), checks, bill payments, and any other non-debit card transactions, w e use your available balance at the time a transaction posts to determine w hether your account is overdraw n and w hether a fee w ill be assessed. For information on how your available balance w orks w ith respect t o debit card transactions, please see Section C. C. AUTHORIZATION HOLDS FOR DEBIT CARD TRANSACTIONS. 1. What is an Authorization Hold? When you use your debit card to pay for goods or services, the merchant may seek preauthorization from us for the transaction. When w e preauthorize the transaction, w e commit to make the requested funds available w hen the transaction finally posts and as such, w e generally place a temporary hold against some or all of the funds in the account linked to your debit card, based on the amount of the preauthorization request from the merchant. We refer to this temporary hold as an as authorization requests are received by us throughout each day. 2. How Does an Authorization Hold Affect Your Available Balance? Until the transaction finally settles or w e otherw ise remove the hold (for example, w e may remove the hold because it exceeds the time permitted or w e determine that it is unlikel y to be processed), the funds subject to the hold w ill not be available to you for other purposes. At some point after you sign for the transaction, it is processed by the merchant and submitted to us for payment. This can happen hours or sometimes days after you signed for it, depending on the merchant and its processing company. We have no c ontrol over w hen a merchant may present an item for payment. Merchant payment requests are received in real time throughout the day and are posted to your account as they are received. 3. The Am ount of an Authorization Hold May Differ From the Am ount of the Actual Transaction. The amount of an authorization hold may differ from the actual transaction amount because the actual transaction amount may not yet be known to the merchant w hen the authorization request is submitted. For example, this can happen in connection w ith transactions w here your debit card is authorized before your actual transaction amount is know n, such as at a restaurant (w here you may choose to add a tip to the transaction amount) or a gas station. For these types of transactions, there may be no authorization hold, or the amount of the authorization hold may be different from the transaction amount. In some other cases w e may not receive an authorization request from the merchant, and there w ill be no authorization hold reflected in y our available balance. We cannot control how much a merchant asks us to authorize, or w hen a merchant submits a transaction for payment. 4. Length of an Authorization Hold. We are permitted to place an authorization hold on your account for up to three ( 3) business days (or for up to thirty (30) business days for certain types of debit card transactions) from the time of the authorization or until the transaction is paid from your account. How ever, if the transaction is not submitted for payment, w e w ill release the authorization hold, w hich w ill increase your available balance until the transaction is submitted for payment by the merchant and finally posted to your account. If this happens, w e must honor the prior authorization and w ill pay the transaction from your account. In certain instances, w hen the amount of the authorization hold is either more or less than the amount of the actual transaction, w e may maintain the authorization hold even after the purchase amount is actually paid from your account, w hich w ill decrease your available balance. How ever, in these instances, w e w ill not maintain an authorization hold for longer than three (3) bus iness days (or for up thirty (30) business days for certain transactions). 5. Your Available Balance and Debit Card Transactions. Everyday debit card transactions are processed against your account at tw o different times: first, w hen the transaction is authorized, and again w hen the transaction actually settles t o your account, usually days later. This delay betw een the time a particular transaction is authorized and w hen it actually settles to your account is solely w ithin the control of the merchant and its processor. The Credit Union has no control w ith respect to the time period that elapses betw een the time a merchant seeks authorization and finally submits the transaction for settlement. For debit card transactions, w e use your available balance at the time a transaction is authorized and again w hen the transaction settles to your account to determine if each specific transaction w ill overdraw your account and w hether a fee w ill be assessed. It is important to remember that your available balance may not reflect all of your transactions. When the Credit Union authorizes an everyday debit transaction, the amount of the transaction is subject to a preauthorizatio n hold. This means that the amount of the transaction is subtracted from your actual balance. It is important to understand that even if you have sufficient available funds in your account at the time the transaction is authorized, it is possible that th e settlement of the transaction may result in an overdraft to your account, and the incurring of a fee. The tw o most common scenarios are as follow s: Example 1: Purchase transactions w here the final am ount is initially unknow n . The most common examples of a purchase transaction w here the final amount is initially unknow n are gas station purchases, restaurant charges, hotel and car reservations. In such cases the transaction w ill be communicated to the Credit Union for authorization in one amount, but w hen the transaction actually settles your Account it does so for a greater amount. For example, if you use your debit card to pay at the pump for a gasoline purchase, you typically must utilize your debit card before operating the pump. The Credit Union may receive an authorization request in the amount of $15.00. At the time of the authorization request, the available balance in your account is $30.00, so the Credit Union approves the authorization request, and the available balance in your account is reduced to $15.00. You proceed w ith the transaction, and purchase gasoline totaling $40.00. When that transaction actually settles to your Account in the amount of $40.00 as opposed to the $15.00 that w as authorized, the available balance in your Account is not sufficient to preauthorized transaction results in an overdraft, and you w ill incur a fee (assuming you have opted into Example 2: Purchase transactions w here intervening item s paid betw een authorization and settlement result in the overdrafting of your Account. Assume the same gas station scenario as described in Example 1, except that you purchase gasoline totaling just $15.00, so the authorized amount of the transaction is the same as the settlement amount of the transaction. How ever, betw een the day the transaction w as authorized and the day the transaction settles to your account, a check you w rote in the amount of $35.00 is presented for payment. The available balance in your account at the time of presentment is $15.00, but the Credit Union pays the item in accordance its Courtesy Pay service, resulting in an overdraft. When the $15.00 gas station transaction actually settles to your account, the available balance in your account is not suff icient to cover the settlement of the preauthorized transaction, even though the settlement amount of the transaction is the same as the preauthorized amount of the lts in an additional overdraft, how ever the Credit Union w ill not assess an additional fee in connection w ith the settlement of this transaction. For debit card transactions involving merchant authorization holds, w e look at the available balance at the time a transaction is authorized and again at settlement to determine w hether the transaction w ill result in an overdraft and a fee. approved and If your available balance is insufficient to pay the preauthorization amount requested by a merchant, and you have not opted into Courtesy Pay for payment of everyday debit transactions, w e w ill decline the request. If your available balance is insufficient have opted in to Courtesy Pay for everyday debit transactions, w e may choose to approve the authorization request. If w e choose to authorize the transaction using Courtesy Pay, w e w ill charge a Courtesy Pay Fee on that transaction w hen it settles to your account only if your available balance in insufficient to cover the transaction at the time of the posting of the preauthorized transaction. Note that transactions authorized w ith a merchant as recurring debit card transactions may be covered by Courtesy Pay regardless of w hether you have opted into Courtesy Pay for the payment of everyday debit card transactions. D. PAYMENT OF OVERDRAFTS. 1. The Credit Union Has No Obligation to Pay Your Overdrafts. We are not obligated to pay any item presented for payment if your account does not contain sufficient available funds. If w e pay a transaction that overdraw s your account, w e are not obligated to continue paying such transactions in the future. We may pay all, some, or none of your overdrafts, w ithout notice to you. You are liable to us to repay any overdrafts on your account w hether you created them or not. If you do not pay us, and w e take collection action against you, you agree to pay for any costs of collection. We may close, w ithout notice, any account w ith excessive overdraft activity, and report the account to a consumer reporting agency. 2. Fees Associated w ith Overdrawing Your Account Courtesy Pay Fees. We assess a fee each time an item is presented for payment that w e either pay, resulting in an overdraft, or w hich w e decline pay because payment of the item w ould result in an overdraft had w e paid it. If w e pay an item in accordance w ith Courtesy Pay, w e w ill charge you a Courtesy Pay Fee. There is no limit on the total fees w e can charge you for overdrafting your account. 3. Fees Associated w ith Overdrawing Your Account Overdraft Transfer Service. There are fees associated w ith using our Overdraft Transfer Service. These fees may be less expensive than Courtesy Pay Fees or NSF Fees. If w e pay an item in accordance w ith our Overdraft Transfer Service, w e w ill charge you an Overdraft Transfer Fee. If you have elected both the Overdraft Transfer Service and Courtesy Pay, there are circumstances w herein you w ill be charged both an Overdraft Transfer Fee and a Courtesy Pay Fee. These circumstances are discussed in greater detail in Section F. There is no limit to the total fees w e can charge you for overdrafting your account. 4. Fees Associated w ith Overdrawing Your Account NSF Fees. If w e do not pay an item, w e w ill return the item and charge you a NSF Fee each time an item is presented for payment and w e return it unpaid due to an insufficient available balance. We have no control over the number of times an intended payee may resubmit the same item to us for payment. There is no limit on the total fees w e can charge you for overdrafting your account. 5. Fee Schedule. Please refer to the Fee Schedule for a current listing of all fees associated w ith overdraw ing your account. 6. YOU ACKNOWLEDGE THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT AVAILABLE FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. This is because your available balance may not reflect all of the outstanding checks, automatic bill payments that you have authorized, or other outstanding transactions that have not yet been paid from your account. For example, you may have w ritten a check that is still outstanding because it has not been submitted for payment by the payee. That check w ill not be reflected in your available balance until it is presented to us and paid from your account. In addition, your available balance may not reflect all of your debit card transactions. We have no control over w hen a merch ant submits an item for payment. For example, if a merchant obtains our prior authorization but does not submit an everyday debit card transaction for payment w ithin three (3) business days of authorization (or for up to thirty (30) business days for certain types of debit card transactions including, but not limited to, car rental transactions and international transactions), w e are required to release the authorization hold on the transaction. Your available balance w ill not reflect this transaction once the hold has been released. Please refer to the section entitled about how authorization holds affect your available balance. Finally, your available balance may not reflect the most recent deposits to your account. Please refer to the Funds Availability Disclosur e for information regarding the availability of your deposits for w ithdraw al. E. HOW TRANSACTIONS ARE POSTED TO YOUR ACCOUNT. There are basically tw o types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money is available to you at any given time. This section explains generally how and w hen w e post transactions to your account. When processing items draw n on your account, our policy is to pay them as w e receive them. We commonly receive items to be processed against your account(s) multiple times per day in w hat are referred to as presentment files. Each presentment file received c ommonly contains a large amount of a specific type of item (checks, ACH transactions, or ATM/POS transactions). It is common for each of these presentment files to contain multiple items to be processed against your particular account. When multiple items are received at the same time, the items w ill be paid as follow s: Checks are paid in the order received; ACH items in each presentment file post credits first in the order presented, then debits in the order presented (w e typically receive up to four ACH presentment files per day) ATM/POS items are paid in the order they are presented. Transactions performed in person, such as w ithdraw als or checks cashed at one of our locations or a shared branch, are generally paid at the time they are performed. The order in w hich items are paid is important if your account does not contain sufficient available funds to pay all of the items that are presented. If an item is presented for payment and your available balance is insufficient to pay it, w e may, at our discretion, automatically transfer available funds from your designated account pursuant to the Overdraft Transfer Service, pay the item pursuant to Co urtesy Pay, or return the item (NSF). Please understand that the above information is only a general description of how certain types of transactions are posted. These practices may change, and the Credit Union specifically reserves the right to pay items in any order, as permitted by law . F. OPTIONAL OVERDRAFT PROTECTION PLAN OVERDRAFT TRANSFER SERVICE. 1. Overdraft Transfer Service. overdraft protection before applying our discretionary Courtesy Pay Overdraft Service w hen your account is overdraw n. The Overdraft Transfer Service may save you money on the total fees you pay us for overdraft protection. With this service, you authorize us to make transfers of available funds automatically from your regular savings account, plus the overdraft transfer fees, to cover overdrafts in your checking account. The Overdraft Transfer Service is an optional feature that can be added to your eligible checking accounts upon your request. To request or terminate the Overdraft Transfer Service: (1) call us at 888.288.3261; (2) visit any branch and speak w ith a Representative; or (3) mail a request to Team One Credit Union , P.O. Box 1260, Saginaw , MI 48606. Overdrafts paid pursuant to the Overdraft Transfer Service are subject to an Overdraft Transfer Fee as set forth in the Fee Schedule. If you decline or terminate the Overdraft Transfer Service and are not eligible for Courtesy Pay, and there are insufficient available funds in your checking account to pay an item, your item w ill not be paid unless it w as a previously authorized everyday debit card transaction. The items w ill be returned, and an NSF fee w ill be charged, each time an item is presented for payment and returned unpaid due to an insufficient available balance . It is important to remember that w e have no control over how many times an intended payee may present the same item for payment. Multiple presentments of the same item w ill result in multiple fees. Transfers w ill appear on your periodic statements for each applicable account. 2. Limits on Overdraft Transfer Service. We w ill not transfer more than the available account balance in designated linked account if the amount of the overdraft and related fee(s) exceed the available amount. If the available balance in a designated linked account is not enough to pay the full amount of the transaction(s) you have initiated on any day plus the Overdraft Transfer Fee(s), w e w ill transfer up to the available balance to pay one or more transactions, plus the applicab le fee for each item. Any transactions that are not paid by the transfer w ill either be paid through our Courtesy Pay Service or returned, and Overdraft Transfer Fees, Courtesy Pay Fees, and/or NSF Fees, as applicable, w ill be assessed. The follow ing example illustrates how this w orks if you have elected both Overdraft Transfer Service and Courtesy Pay Overdraft Service: Assume your actual and available balances in your checking account are both $50, and your available balance in your savings account is $10. You w rite a check for $80. When the check is presented for payment, because you the Overdraft Transfer Service from the regular savings account. How ever, if you have also elected Courtesy Pay, w e may elect to transfer the $10 in your linked savings account and pay the remaining portion of the item using Courtesy Pay. In such case, you w ill be assessed only a Courtesy Pay Fee. How ever, because Courtesy Pay is a discretionary service, w e may instead elect to decline to pay the transaction. If w e decline to pay the transaction, w e w ill not transfer any funds from your linked savings account, w e w ill decline the transaction, and w e w ill assess you an NSF Fee each time the item is presented for payment. It is important to remember that w e have no control over how many times an intended payee may present the same item for payment. Multiple presentments of the same item w ill result in multiple fees. 3. We May Return Items Unpaid. We are not obligated to pay any item presented for payment if your account does not contain sufficient available funds. If w e do not authorize and pay an overdraft, then w e decline or return the transaction or item unpaid and charge a related NSF Fee as stated in our Fee Schedule. You are responsible for ensuring that your account includes sufficient available funds to pay the transactions you initiate or authorize w hen they are processed for payment from your account, and you also acknow ledge that the timing of w hen merchants or payees submit transactions to us for payment may vary. If your account does not have sufficient available funds w hen a transaction or item is presented to us for payment and , as a result, returned unpaid, the merchant or payee of your transaction or item may choose to resubmit the same transaction, and may do so multiple times. In the event a transaction or item is resubmitted for payment at a time w hen your account lacks sufficient available funds to pay it and w e decline it, w e w ill charge a related NSF Fee each time that same transaction is returned unpaid. 4. Term ination of Overdraft Transfer Service. We may terminate the Overdraft Transfer Service at any time w ith or w ithout notice to you. Any ow ner of the checking account or any ow ner of a linked regular savings account used for overdraft protection may decline the Overdraft Transfer Service. To terminate the Overdraft Transfer Service: (1) call us at 888.288.3261; (2) visit any branch and speak w ith a Representative; or (3) mail notice of your decision to decline the Overdraft Transfer Service to Team One Credit Union, P.O. Box 1260, Saginaw , MI 48606. Your election to decline w ill be effective after w e have received notice and have had a reasonable time to act on it. G. COURTESY PAY OVERDRAFT SERVICE 1. Courtesy Pay. In accordance w ith our commitment to provide valued service and benefits, w e may, if you qualify, at our discretion, pay overdrafts that w ould cause your eligible checking account to have a negative balance up to the amount of your limit, w hich is determined by us in our sole and absolute discretion. Courtesy Pay is different than the Overdraft Tran sfer Service. Courtesy Pay is a backup to the Overdraft Transfer Service and w ill only be activated if funds are not available from the Overdraft Transfer Service. 2. What Overdraft Transactions are Covered? Courtesy Pay is available for the payment of checks, preauthorized payments under our Bill Payment Service, ACH drafts, and recurring debit transactions. Courtesy Pay is also available for everyday debit card transactions, if you opt-in, as described in the next section below . 3. Optional Overdraft Transactions. The follow ing types of transactions requi provide us w ith your affirmative consent) if you w ould like to include them in Courtesy Pay. Choosing not to opt in may result in these transactions being declined: ATM transactions Everyday Debit Card transactions We do not require you to authorize Courtesy Pay for your ATM and everyday debit card transactions as a condition of us provid ing Courtesy Pay to you for your checks, ACH transactions or other transactions. If you w ant the Credit Union to authoriz e and pay overdrafts for ATM and everyday debit card transactions through Courtesy Pay, you must provide us w ith your consent by: (1) calling us at 888.288.3261; (2) visiting any branch and speaking w ith a Representative; or (3) mailing notice of your decision to opt in to Courtesy Pay for ATM and everyday debit card transactions to Team One Credit Union, P.O. Box 1260, Saginaw , MI 48606. 4. Eligibility for Courtesy Pay. Courtesy Pay is not a credit product. It is a feature that is automatically included w ith eligible checking accounts (unless you decline Courtesy Pay entirely as described below or information w e get from a consumer reporting agency does not meet Credit Union standards). Eligibility is at the sole discretion of the Credit Union and is based on you managing your checking account in a responsible manner. Courtesy Pay may be available for checking accounts for w hich the primary checking account ow ner is 18 years of age or older. We reserve the right to limit Courtesy Pay to one (1) account per household or member. We may suspend or permanently revoke Courtesy Pay from your checking account, in our sole and absolute discretion, based on any one or more of the follow ing criteria: a. You are not making regular deposits into your checking account; b. You do not bring your checking account to a positive balance for at least one full business day w ithin a fifteen (15) day period; c. Your membership is not in good standing; d. You are more than thirty-one (31) days past due or are in default in any other respect on any loan or other obligation to us; e. Your primary savings account does not have a positive balance; f. Your checking account is subject to any legal or administrative orders or levies; g. You have insufficient credit or negative credit history; h. You are a party to a bankruptcy proceeding; i. Any or all of your account(s) w ith us are being review ed for improper activity or transactions; j. Your checking account is classified as inactive; k. You use the Service to pay items w ritten to check cashing agencies; or l. You have an unresolved prior loss w ith us 5. Courtesy Pay is a Discretionary Privilege. Any payment made by us under Courtesy Pay w ill be made on a case-bycase basis, in our sole and absolute discretion. Courtesy Pay does not constitute an actual or implied agreement betw een you and the Credit Union, nor does it constitute an actual or implied obligation of the Credit Union. Courtesy Pay is a privilege that the Credit Union provides from time to time and w hich may be w ithdraw n or w ithheld by the Credit Union at any time, w ithout prior notice. 6. Notification. If you qualify for Courtesy Pay, it w ill be set up on your account w ithout further action required by you. How ever, w e may refuse to pay an overdraft at any time, even though w e may have previously paid overdrafts. We have no obligation to notify you before w e pay or return any item. It is important to remember that Courtesy Pay is a purely discretionary benefit offered by the Credit Union. If at any time w e determine that your account is no longer eligible for Courtesy Pay for any reason, w e can discontinue it immediately w ithout notice to you. 7. How Courtesy Pay is administered. If you are eligible for the Service, w e w ill generally pay your overdraft items up to a maximum amount established by the Credit Union in its sole and absolute discretion, including fees. We are not required to notify you of any nonsufficient funds checks, ACH items, or other transactions that may have been paid or returned. We may refuse to pay any overdrafts w ithout first notifying you even though your account is in good standing and even if w e have paid previous overdrafts. 8. When is the overdraft payment due? The total of the overdraft (negative) balance in your checking account, including any and all fees and charges, is due and payable upon demand, and you are required to immediately deposit sufficient funds to cover the overdraft paid by us and pay the related fees. 9. Courtesy Pay Fees. A Courtesy Pay Fee w ill be charged to your checking account, in accordance w ith our Fee Schedule, for each overdraft that is authorized and paid through the Service. This means that more than one Courtesy Pay Fee may be assessed against your checking account per day depending upon the number of overdrafts authorized and paid through Courtesy Pay. You understand that your Courtesy Pay Limit w ill be reduced by the amount of each overdraft paid by us through Courtesy Pay and the amount of the related Courtesy Pay Fee imposed until such amounts are repaid by you as set forth herein at w hich time w e may replenish your Courtesy Pay Limit by the amount of the repayment. If w e choose not to pay th e item/transaction under Courtesy Pay, you are subject to a Non-Sufficient Funds (NSF) Fee in accordance w ith our Fee Schedule for each such item each time it is presented for payment and returned unpaid due to an insufficient available balance. Your periodic statement w ill itemize Courtesy Pay Fees and NSF Fees for each cycle, as w ell as the year -to-date total of fees. 10. Transfers to Cover Overdrafts. You understand and agree that w e have the right to transfer available funds to your checking account from any of your other account(s) w ith us (excluding IRAs and certificate accounts), including account(s) upon w hich you are a joint ow ner, in an amount equal to the overdraft and related fees. 11. Right of Setoff. In addition to any other rights that w e may have, you agree that any deposits, future deposits, or other credits to any account in w hich you may now or in the future may have an interest are subject to our right of setoff for any liabilities, obligations or other amounts ow ed to us by you (e.g. overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you decline Courtesy Pay (see below ), you consent and expressly agree that the application of setoff of funds in any account includes the setoff of government benefits (such as Social Security and other public benefit funds) deposited to the account from w hich th e overdraft or related fees are paid to the maximum extent permitted by applicable state and federal law . Each person w ho causes an overdraft, w hich is paid by us, agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance w ith the terms and conditions of Courtesy Pay. 12. Default. You w ill be in default under the terms of Courtesy Pay if you fail to live up to any of the terms and conditions set forth herein or you are in default on any loan obligation w ith us and/or a negative balance exists in any other deposit account w ith us on w hich you are an ow ner. If you are in default, in addition to any other rights w e may have, w e may temporarily suspend overdraft privileges, terminate Courtesy Pay, or close your checking account and demand immediate payment of the entire unpaid negative balance. You also a result of your default. 13. Term ination; Suspension. We may terminate or suspend Courtesy Pay at any time w ithout prior notice. In no event w ill any termination relieve you of your obligation to repay any negative account balance, overdraft fees, collection costs and 14. Your Right to Decline Courtesy Pay. Any ow ner of the checking account may decline the Service. If you prefer not to have the Service, visit us in a branch, contact us at 888.288.3261, or w rite to us at Team One Credit Union, P.O. Box 1260, Saginaw , MI 48606, and include your name, member number and a statement that yo Courtesy Pay Service and w e w ill remove the Service from your checking account. If you decline the Service, you w ill still be charged an NSF Fee for each item returned each time an item is presented for payment and returned unpaid due to an insufficient available balance. 15. Optional Overdraft Protection Plans. As discussed in more detail above, w e also offer the optional Overdraft Transfer Service w hich links your checking account to a savings account, as w ell as other overdraft sources and may be less expensive than Courtesy Pay. To learn more, please ask us about these plans. THE BEST WAY TO KNOW HOW MUCH MONEY YOU HAVE AND AVOID PAYING OVERDRAFT FEES IS TO RECORD AND TRACK ALL OF YOUR TRANSACTIONS CLOSELY. PLEASE REVIEW THIS INFORMATION CAREFULLY. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT 888.288.3261 OR VISIT ANY BRANCH. Stop Payments a. Stop Payments Order Request. You may request a stop payment order on any check draw n on your account. To be binding an order must be dated, signed and describe the account and draft number and the exact amount. The stop payment w ill be effective if the credit union receives the order in time for the credit union to act upon the order and you state the number of the account, number of the check, and its exact amount. You understand that the exact information is necessary for the credit union's computer to identify the check. If you give us incorrect or incomplete information, w e w ill not be responsible for failing to stop payment on the check. If the stop payment order is not received in time for us to act upon the order, w e w ill not be liable to your or to any other party for payment of the check. If w e recredit your account after payin g a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute w ith the payee, to transfer to us all of your rights against the payee or other holders of the check and to assist us in any legal action. b. Duration of Order. You may make an oral stop payment order w hich w ill lapse w ithin fourteen (14) calendar days unless confirmed in w riting w ithin that time. A w ritten stop payment order is effective for six (6) months and may be renew ed in w riting from time to time. We do not have to notify you w hen a stop payment order expires. c. Liability. Fees for stop payment orders are set forth on the Fee Schedule. You may not stop payment on any certificated check, cashier'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 harmles s from all costs, including attorney fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account ow ner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you. Postdated and Staledated Checks We may pay any check w ithout regard to its date. 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 draw n on your account w hich is presented more than six (6) months past its date. Taxpayer Identification Numbers and Backup Withholding Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup w ithho lding. If your account is subject to backup w ithholding, w e must w ithhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, w e may suspend opening your account. Statem ents a. Contents. If w e provide a periodic statement for your account, you w ill receive a periodic statement of 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 f or a joint account. For checking accounts, you understand and agree that your original check, w hen paid, becomes property of the Credit Union and may not be returned to you, but copies may be retained by us or payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are mailed to your home or accessible through online banking. b. You are responsible for examining each statement and reporting any irregular ities to us. We w ill not be responsible for any forged, altered, unauthorized or unsigned items draw n on your account if: (1) you fail to notify us w ithin thirty (30) days o f the mailing date of the earliest statement regarding any forgery, alteration or unauthorized signature on any item described in the statement; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. c. Notice to Credit Union. You agree th examine your statements or the time limit for notifying us of any errors. The statement w ill be considered correct for all purposes and w e w ill not be liable for any payment made or change to your account unless you notify us in w riting w ithin the above time limit for notifying us of any errors. If you fail to receive a periodic statement you agree to notify us w ithin fourteen (14) days of the time you regularly receive a statement. Inactive Accounts If your account falls below any applicable minimum balance and you have not made any transaction over a period specified in t he Truth- In-Savings Disclosure during w hich w e have been unable to contact you by regular mail, w e may classify your account as inactive. Unless prohibited by applicable law , w e may charge a service fee set forth on the Fee Schedule for processing your inactive account. If w e impose a fee, w e w ill notify you, as required by law , at your last know n address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allow ed by law , w e reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or w ithdraw al has not been made on the account and w e have not had other sufficient contact w ith you w ithin the period specified by state law , the account w ill be presumed abandoned. Funds in abandoned accounts w ill be reported and remitted in accordance w ith state law . Once funds have been turned over to the state, w e have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state a gency. Term ination of Account We may terminate your account at any time w ithout notice to you or may require you to close your account if: (1) there is a c hange in ow ners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) ther e is a dispute as to the ow nership of the account or of the funds in the account; (4) any checks are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been misrepresentation or any other abuse of any of your accounts; or (7) w e reasonably deem it necessary to prevent a loss to us. You may terminate an individual account by giving us w ritten not ice. Any ow ner of a joint account can terminate the account. We are not responsible for payment of any check, w ithdraw al, or other item after your account is terminated, how ever, if w e pay an item after termination, you agree to reimburse us. If your account w as opened online and is inactive for 60 days from the date of opening, w e may terminate your account. The initial $5 deposit made by the Credit Union w ill be w ithdraw n and the account w ill be closed. Term ination of Membership You may terminate your membership by giving us notice. You may be declined services or expelled for any reason allow ed by applicable law , including causing a loss to the Credit Union. National Credit Union Share Insurance Fund (NCUSIF) Member accounts are federally insured to at least $250,000 by the National Credit Union Administration (NCUA). The NCUA is th e federal agency that charters and supervises federal credit unions and insures savings in federal credit unions across the country through the NCUSIF, a federal fund backed by the full faith and credit of the United States government. Individual Retirement Accounts (IRAs) are separately insured up to an additional $250,000 by the NCUSIF. Governing Law . This Agreement shall be governed by the law s, including applicable principles of contract law and regulations of the State of Michigan (excluding its conflicts of law s principles), except as superseded by federal law s and regulations. This Ag reement shall in the Resolution of Disputes by Arbitration Provision, and unless prohibited by applicable law , any action brought pursuant to this Agreement against the Credit Union must be brought in the local State District Court or State Circuit Court w ith jurisdiction over the location of the Permitted Time for Filing a Law suit. You must file any law suit or arbitration against us w ithin one year after the cause of action arises, unless federal or state law or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition of making a claim. LIMITATION OF LIABILITY. Except w here required by law or this Agreement specifically provides otherwise, we will not be liable for any action or inaction except for our intentional misconduct or gross negligence except as may be otherwise required by law w hichever is less. In no event w ill Credit Union be liable for any indirect, special, consequential or exem plary damages, including, but not limited to, loss of anticipated profits or other economic loss in connection with or arising out of this agreement. Binding Arbitration and Class Action Waiver Resolution of Disputes by Arbitration. THIS SECTION CONTAINS IMPORTA NT INFORMA TION REGARDING YOUR ACCOUNTS AND ALL RELATED SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRAT OR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. a. Agreement to Arbitrate Disputes. and Accounts, including but not limited to all disputes that you may raise against us, must be resolved by binding arbitration, except for those disputes specifically excluded below . b. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY general ACTION, OR OTHER PROCEEDING WHERE SOMEO NE ACTS IN A REPRESENTATIV E CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of tw o or more persons may not be joined, consolidated, or otherw ise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), w hether or not the claim may have been assigned. c. Disputes Covered by Arbitration. YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of your Accounts or our relationship w ill be subject to arbitration, regardless of w hether that dispute arose before or after your receipt of this notice. Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may aw ard relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about w hether disputes are subject to arbitration sha ll be resolved by interpreting this arbitration provision in the broadest w ay the law w ill allow it to be enforced. All disputes are subject to arbitration, no matter w hat legal theory they are based on, or w hat remedy (damages, or injunctiv e or declaratory relief) they seek. Disputes include any unresolved claims concerning any services relating to your Accounts. Disputes include not only claims made directly by you, but also made by anyone connected w ith You or claiming through you, such as a joint account holder, account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy. Disputes include not only claims that relate directly to the Credit Union, but also its affiliates, successors, assignees, officers, directors, employees, and agents, and claims for w hich w e may be directly or indirectly liable, even if w e are not properly named at the time the claim is made. Disputes include claims based on any theory of law , contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, crossclaims, third-party claims, interpleaders or otherw ise; and claims made independently or w ith other claims. If party initiates a proceeding in court regarding a claim or dispute w hich is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration pursuant to t his Resolution of Disputes by Arbitration provision. d. Disputes Excluded from Arbitration. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief. How ever, if a matter in small claims court is removed, transferred, or appealed to a non-small claims court, that claim shall be subject to this Resolution of Disputes by Arbitration provision. Our Claims or disputes against you aris ing from your status as a borrow er under any loan agreement w ith the Credit Union or to collect any funds you may ow e us are also excluded from this Resolution of Disputes by Arbitration provision. e. Commencing an Arbitration. The arbitration must be filed w ith one of the follow ing neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiat e the arbitration, you must notify us in w riting at: Team Credit Union Attention: Legal Department P.O. Box 1260 Saginaw , MI 48606 If w e initiate the arbitration, w e w ill notify you in w riting at your last know n address on file. You may obtain a copy of the arbitration rules for these forums, as w ell as additional information about initiating an arbitration by contacting these arbitration forums: A merican Arbitration Association JAMS 1-800-778-7879 (toll-free) 1-800-352-5267 (toll-free) w ww.adr.org w ww.jamsadr.com The arbitration shall be conducted in the same city as the U.S. District Court clos est to your home address, unless the parties agree to a different location in w riting. f. Administration of Arbitration. The arbitration shall be decided by a single, neutral arbitrator. The arbitrator w ill be either a law yer w ith at least ten years of experience or a retired or former judge selected in accordance w ith the rules of the arbitration forum. The arbitrator shall follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those rules and procedures are inconsistent w ith this arbitration provision, in w hich case this arbitration provision w ill prevail. Those provisions and rules may limit the discovery available to you or us. The arbitrator w ill take reasonable steps to protect customer account information and other confidential information if requested to do so by you or by us. The arbitrator shall decide the dispute in accordance w ith applicable substantive law consistent w ith the Federal Arbitration Act and applicable statutes of limitations, w ill honor claims of privilege recognized at law , and w ill be empow ered to aw ard any damages or other relief provided for under applicable law . The arbitrator w ill not have the pow er to aw ard relief to, or against, any person w ho is not a party to the arbitration. An aw ard in arbitration shall determine the rights and obligations betw een the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. You or w e may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in w riting. At your or our request, the Arbitrator shall issue a w ritten, reasoned decision follow ing applicable law and relief granted must be relief that could be granted by the court under applicable law . Judgment on the arbitration aw ard may be entered by any court of competent jurisdiction. g. Costs. The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an aw ard is rendered in your favor, w e w ill reimburse you for your filing fee. If there is a hearing, w e w ill pay the fees and costs of the arbitration for the first day of that hearing. All other fees and costs w ill be allocated in accordance w ith the rules of the arbitration forum. How ever, w e w ill advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us in w riting and w e determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and w itnesses and other expenses, regardless of w ho prevails, but a party may recover any or all costs and expens es from another party if the arbitrator, applying applicable law , so determines. h. Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien w e may hold in property, or to comply w ith legal process, or to obtain provisional remedies such as injunctive relief , attachment, or garnishment by a court having appropriate jurisdiction; provided, how ever, that you or w e may elect to arbitrate any dispute related to such provisional remedies, except in an action by us against you that has been initiated by Us to collect funds that you may ow e to us. i. Arbitration Aw ard. forum w ithin fifteen days of notice of the aw ard or pursuant to the rules of the arbitration forum, w hichever is later. The appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance w ith the rules of the same arbitration forum. The panel w ill consider all factual and legal issues anew , follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs w ill be allocated in the same manner as allocated before a single arbitrator. An aw ard by a panel is final and binding on the parties a fter fifteen days of notice of the aw ard or pursuant to the rules of the arbitration forum, w hichever is later. A final and binding aw ard is subject to judicial intervention or review only to the extent allow ed under the Federal Arbitration Act or other applicable law. A party may seek to have a final and binding aw ard entered as a judgment in any court having jurisdiction. j. Governing Law . You and w e agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the law s of the State of Michigan shall apply. k. Severability, Survival. These arbitration provisions shall survive (a) termination or changes to your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If an y portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or w aived absent a w ritten agreement betw een you and us. l. Applicability. Arbitration w ill not apply to your Account as long as you are an active duty Service Member. m. Right to Reject this Resolution of Disputes by Arbitration provision. YOU MAY CHOOSE TO REJECT THIS RESOLUTION OF DISPUTES BY ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE AS DESCRIBE D BELOW: Agreement to the Resolution of Disputes by Arbitration provision: 1. If you agree to be bound by the above Resolution of Disputes by Arbitration provision, then no action is needed on your part. 2. If you take no action, then effective immediately your Accounts w ill be bound by this Resolution of Disputes by Arbitration provision. Rejection of the Resolution of Disputes by Arbitration provision: 1. If you do not agree to be bound by this Resolution of Disputes by Arbitration provision, you must send us w ritten notice that you reject the Resolution of Disputes by Arbitration provision w ithin 30 days of account opening or w ithin 30 days of receiving this notice, w hichever is sooner, including the follow ing information: a. Your w ritten notice must include: your name, as listed on your account, your account number, and a statement that you reject the Resolution of Disputes by Arbitration provision, and; b. You must send your w ritten notice to us at the follow ing address: Team Credit Union Attention: Legal Departm ent P.O. Box 1260 Saginaw , MI 48606 14 FUNDS AVAILABILITY DISCLOSURE Your Ability to Withdraw Funds Our policy is to make funds from your deposits available to you on the business day w e receive your deposit. Funds from elec tronic direct deposits w ill be available on the day w e receive the deposit. Once they are available, you can w ithdraw the funds in cash and/or w e w ill use the funds to pay checks you have w ritten. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If your account w as opened and funded online, your initial d eposit w ill be held for three (3) business days. Reservation of Right To Hold In some cases, w e w ill not make all of the funds that you deposit by check available to you on the business day you make the deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. How ever, the first $225 of your deposit w ill be available on the first business day after the day of your deposit. If w e are not going to make all of your funds from your deposit available on the first business day, w e w ill notify you at the time you make your deposit. We w ill also tell you w hen the funds w ill be available. If your deposit is not made directly to one of our employees, or if w e decide to t ake this action after you have left the premises, w e w ill mail you the notice by the business day after w e receive your deposit. If you need the funds from a deposit right aw ay, you should ask us w hen the funds w ill be available. Longer Delays May Apply We may delay your ability to w ithdraw funds deposited by check into your account an additional number of days for these reaso ns: We believe a check you deposited w ill not be paid You deposit checks totaling more than $5,525 on any one day You redeposit a check that has been returned unpaid You have overdraw n your account repeatedly in the last six months There is an emergency, such as failure of communications or computer equipment We w ill notify you if w e delay your ability to w ithdraw funds for any of these reasons, and w e w ill tell you w hen the funds w ill be available. They w ill generally be available no later than the eleventh business day after the day of your deposit. Holds on Other Funds If w e cash a check for you that is draw n on another financial institution, w e may w ithhold the availability or a corresponding amount of funds that are already in your account. Those funds w ill be available at the time funds from the check w e cashed w ould have been available if you had deposited it. If w e accept for deposit a check that is draw n on another financial institution, w e may make funds from the deposit or from the check available for w ithdraw al immediately, but delay your availability to w ithdraw a corresponding amount of funds that you have on deposit in another account w ith us. The funds in the other account w ould then not be available for w ithdraw al until the time periods that are described elsew here in this disclosure for the type of check that you deposited or cashed. Deposits at Automated Teller Machines (ATM )/Remote Deposit Capture Funds from any deposit made at an ATM or via remote deposit capture w ill be available for w ithdraw al after tw o business days. How ever, some funds may be immediately available based on your current standings w ith the Credit Union. Contact the Credit Union to determine if you qualify. Because of the tw o-day hold w hen you make a deposit at an ATM or use Remote Deposit Capture, it is your responsibility to make sure your money is available before you w rite checks against your deposit. Special Rules for New Accounts If you are a new member, the follow ing special rules apply during the first 30 days your account is open: Funds from electronic direct deposits into your account w ill be available on the day w e receive the deposit. ravelers and federal, state and local government checks w ill be available on the first business day after the day of your deposit, if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5525 w ill be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 w ill not be available until the second business day after the day of your deposit. Funds from all other check deposits w ill be available on the seventh business day after the day of your deposit. CHECK 21-SUBSTITUT E CHECKS AND YOUR RIGHTS As our member, w e think it is important for you to know about substitute checks and the Check 21 Act. As a result, w e w ant t o advise you that you may see differences in check images w hen you view your account information online or request a copy of your o riginal check for proof of payment. The follow ing Substitute Check Disclosure provides information about substitute checks and your rights. In order to help you recognize a substitute check w hen you begin to receive them, w e have included a copy of a substitute check. What is a substitute check? A substitute check is a paper copy of the front and back of the original check that becomes the legal equivalent of the original check. A substitute check can be used the same w ay as the original check, inc luding proof you made a payment, if it includes the follow ing: 1. an accurate copy of the front and back of the original check, and 2. A substitute check that meets these requirements is generally subject to the same federal and state law s that apply to an original check. 15 Front view of a substitute check Back view of a substitute check What are my rights regarding substitute checks? In certain cases, federal law provides a special procedure that allow s you to request a refund for losses you suffer if a sub stitute check is posted to your account (for example, if you think that the w rong amount w as w ithdraw n from your account or that money w as w ithdrawn from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that w as w ithdrawn from your account and fees that w ere charged as a result of the w ithdraw al (for example, NSF check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, w hichever is less. You also are entitled to interest on the amount of your refund if your account earns dividends. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law . If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) w ithin 10 business days after the Credit Union received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after w e received your claim. The Credit Union may reverse the refund (including any interest on the r efund) if we later are able to demonstrate that the substitute check w as correctly posted to your account. How do I make a claim for a refund? edited 1. The substitute check w as incorrectly charged to your account, 2. You lost money as a result of the substitute check being charged to your account, and 3. You need the original check, or a copy, sufficient to show that the substitute check w as incorrectly charged to your account. If you believe that you have suffered a loss relating to a substitute check that you received and that w as posted to your account, please contact us at: Team One Credit Union, 520 Hayden Street, PO Box 1260, Saginaw , MI 48606, (989) 754-6575. You must contact the Credit Union w ithin 40 calendar days of the date that w e mailed (or otherw ise delivered by a means to w hich you agreed) the substitute check in question or the account statement show ing that the substitute check w as posted to your accoun t, w hichever is later. We w ill extend this time period if you w ere not able to make a timely claim because of extraordinary circumstances. Your claim must include: A description of w hy you have suffered a loss (for example, you think the amount w ithdraw n w as incorrect); An estimate of the amount of your loss; An explanation of w hy the substitute check you received is insufficient to confirm that you suffered a loss; and A copy of the substitute check or the follow ing information to help us identify the substitute check: the check number, the amount of the check, the date of the check, the name of the person to w hom you w rote the check, and the date that the item w as paid by Team One Credit Union. FACT ACT NOTICE Negative Information Notice As a member, w e w ould like you to be aw are that under the FACT Act w e may report information about your account to the credit bureaus w hen payments are late, missed or your account is in default. If you have any questions, please call us at the number listed above. ELECTRONIC FUNDS TRANSFER DISCLOSURE Services: Usage and Limitations a. Transactions available through ATM Netw orks are limited by the capabilities of the individual automated teller machines. Ther e is no limit to the number of times you may use your card for non-w ithdraw al transactions. b. ATM/ITM w ithdraw als are subject to a daily cash w ithdraw al limit up to $500. c. Team One reserves the right to refuse any transaction. Visa Debit Card signature-based point-of-sale (POS) transactions are debited approximately 3 business days after the date of purchase. How ever, the amount of the transaction is held from the available funds in your checking account the same day and w ill not be available for other use. d. Visa Debit Card personal identification number (PIN) POS transactions are subject to a daily limit ranging from $250 to $5,000 depending on the funds available in your checking account and available overdraft sources. e. Team One reserves the right to overdraw an account and charge a fee for doing so. Personal Identification Number You w ill have a four-digit PIN assigned to you, or you may select your ow n code, for access to Telephone Banking, Team One ATM/ITMs/ATM Netw orks, POS services, Online & Mobile Banking, and Bill Pay. If you lose your PIN, need instructions on its use, visit any branch during normal business hours. To change your PIN you may also change it at an ATM/ITM in addition to in the office. Do not disclose your PIN or otherw ise make it available to anyone not on your Savings Account. Y ou understand that all joint ow ners on your Savings Account w ill have access to any and all sub-accounts (shares and loans) of your primary account number. Account Access You may access your accounts using the above mentioned services to: 1. Make deposits to certain Team One savings and checking accounts. 2. Withdraw cash from certain Team One savings and checking accounts. 3. Obtain balances of certain Team One savings and checking accounts. 4. Transfer funds betw een your Team One savings and checking accounts. 5. Make payments to your loans at Team One. 6. Pay bills directly by personal computer or mobile device from your checking account in the amounts and on the days you reques t. 7. Withdraw funds as a check mailed to the address on your account. 8. Pay for purchases and services or obtain cash advances w ith y our Team One Visa Debit Card at millions of locations w orldw ide Some of the above services may not be available at all terminals or access channels. Point-of-Sale (POS) Services You can use your specially encoded plastic card at any retail location displaying the PLUS, CO-OP, Interlink or NYCE symbol. At PLUS, CO-OP, Interlink or NYCE Netw ork locations, there is no limit to the number of transactions you can make each day. POS transactions are subject to a daily POS w ithdraw al/purchase limit ranging from $250 to $5,000. ATM, POS & Bill Pay Overdraft Transfers Team One is under no obligation to pay a transaction that exceeds the available balance in your account. Transactions that w o uld overdraw your checking account may be treated as a request to transfer funds from the overdraft source designated on your checking account. All ow ners and authorized signers on your checking account w ill have access to accounts listed as sources of overdraft protection . All ow ners and authorized signers are jointly and severally liable for any and all overdrafts on this account. Please refer to the Your Liability for Overdrafts section of this Agreement for further details relating to overdraft coverag e available to you. Team One w ill only offset government benefits (e.g. Social Security and other public benefits) deposited to your accounts as permitted by law . Availability of Funds above for details. Service Cancellation Policy Team One may cancel, modify, and restrict the use of any current or future Team One service upon w ritten notice, or w ithout n otice if your account is overdraw n or w hen necessary to maintain or restore the security of your accounts on our system. Debit card s are nontransferable and belong to Team One. You or any joint ow ner on your account may cancel any of these services by notifying Team One. Automated Clearing House (ACH) Debits a. You may authorize a third party to automatically debit your savings or checking account on a recurring basis to pay for goods and services or to make your loan payments. b. You may authorize automatic debits from as many third parties as you w ish. c. Upon notification from a merchant (by oral, w ritten, or posted notice), you or any joint ow ner may authorize a merchant to convert your check to a one-time electronic fund transfer from your account. You or any joint ow ner may also authorize a merchant to debit your account for returned check fees. d. Team One reserves the right to refuse any ACH debit w hich w ould draw upon insufficient available funds. How To Stop ACH Debits You can call us to send you and return or you can send us a signed request w hich includes the details of the transaction (date to be deducted, dollar amo unt, company name, w hen to cancel). Mail your completed request to us at: Team One Credit Union, Attn: Support Services, PO Box 1260, Saginaw , MI 48606. We must receive your request 3 business days or more before the payment is scheduled to be made in order to give us time to process your request. We must receive your request 1 business day or more before the payment is expected to be made in order to give us time to pro cess your request. If you call us, Team One requires you to put your request in w riting on a Stop Payment Request and return it to Team One w ithin 14 days after you call. An oral request w ill cease to be effective 14 days from the date of the request if the signed a uthorization has not been provided to Team One Credit Union. You can also receive a Stop Payment Request form by visiting any Team One location. A stop payment fee is charged for each ACH debit you request to stop as stated in the Fee Schedule. Mail your completed request to us at: Team One Credit Union, Attn: Support Services, PO Box 1260, Saginaw , MI 48606. 17 Failure to provide accurate and complete information from the account holder pertaining to the transaction(s) may result in p ayment of the item(s). The account holder agrees to hold harmless and indemnify Team One Credit Union for all expenses, cost and damages incurr ed by the payment of the transaction(s) if such payment is the result of a failure of the account holder to meet the time requir ement or if such payment is the result of failure of the account holder to furnish any information accurately. If you order Team One to stop o ne of these payments 3 business days or more before the transfer is scheduled, and w e do not do so, w e w ill be liable for your losses or damages Automated Clearing House (ACH) Credits Credits subject to Article 4Aa. The entry may be transmitted through ACH b. Your rights and obligations concerning the entry is governed by and constructed in accordance w ith the la w s of the state of Michigan. c. Credit given is provisional until Team One Credit Union has received final settlement through a Federal Reserve Bank or otherw ise has received payment. d. w e are entitled to a refund from you in the amount of the credit to your account, and the originator w ill not be considered to have paid the amount of the credit entry to your account . e. Team One Credit Union is not required to provide you w ith notice that the credit entry is received and w ill not do so. Right to Receive Documentation of Transfers Terminal/POS Transfers A receipt describing the transactions you have made is available each time you use a specially encoded plastic card at one of ATMs and Netw ork ATMs. If the transaction is performed at a Quick Payment Service (QPS merchants are generally low -dollar purchases such as gas stations & fast food restaurants) merchant for $50 or less, no receipt is provided unless requested by you. If t he merchant is not a QPS merchant, no receipt is required for amounts $25 or less. Receipts issued by a Team One ATM or any Netw ork ATM are binding on Team One only after verification by Team One. Pre-authorized ACH Credits If you have a direct deposit made to your account at least once every 60 days from the same source, and you do not receive a receipt (such as a pay stub), you can use TELEPHONE BANKING, Online or Mobile Banking to obtain this information, or you can call us at (989) 754-6575 or (888) 288-3261 to determine if the deposit has been made. ACH Debits that Vary in Amount When you authorize a third party to automatically debit your account for amounts that vary, the third party w ill notify you o f the amount and transaction date 10 days before the debit occurs, unless you have arranged to be notified only w hen the amount exc eeds a specified limit. Periodic Statement You w ill get a monthly account statement unless there are no transfers in a particular month. In any case, you w ill get the s tatement at least quarterly. Business Days For purposes of these disclosures, every day is a business day, except Saturdays, Sundays and federal holidays. Error Resolution Notice In case of errors or questions about your electronic transfers, call us at (989) 754-6575 or (888) 288-3261or w rite us at Team One Credit Union, Attn: Support Services, PO Box 1260, Saginaw , MI 48606, as soon as you can, if you think your statement or receipt is w rong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days af ter w e sent the FIRST statement on w hich the problem or error appeared. Tell us your name and account number (if any) Describe the error or the transfer you are unsure about and explain as clearly as you can w hy you believe it is an error or w hy you need more information. Tell us the dollar amount of the suspected error If you tell us orally, w e w ill require that you send us your complaint or question in w riting w ithin 10 business days. We w ill determine w hether an error occurred w ithin 10 business days (20 business days if the transfer involved a new account) after we hear from you and w ill correct any error promptly. If w e need more time, how ever, w e may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If w e decide to do this, w e w ill credit your account w ithin 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you w ill have the use of the money during the time it takes us to complete our investigation. If w e ask you to put your complaint or question in w riting and w e do not receive it w ithin 10 business days, w e may not credit your account. Your accou nt is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an establishe d account open at least 30 days w ith us before the account is opened. We w ill tell you the results w ithin three business days after completing our investigation. If w e decide that there w as no er ror, w e w ill send you a w ritten explanation. You may ask for copies of the documents that w e used in our investigation by contacting us at the phone number or address show n on the first page of this disclosure. Your Liability for Unauthorized Use If your statement show s unauthorized transfers, tell us AT ONCE. If you do not tell us w ithin 60 days after the statement w as mailed to you, you may not get back any money you lost after the 60 days if w e can prove that w e could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, w e w ill extend the time period. If you believe your card or PIN has been lost or stolen or that someone has transferred or may transfer funds from y our account w ithout your permission, call the number below , or w rite to: Team One Credit Union, Attn: Plastics Department, PO Box 1260, Saginaw , MI 48606. If you notify us of the loss, theft, or unauthorized use of your Card or other devices w hich w e supply to you, you w ill not b e liable for any unauthorized use for purchases processed though Visa/Plus provided you w ere not grossly negligent or fraudulent in handling you r Card and you provide us w ith a w ritten statement regarding your unauthorized Card claim, otherw ise the liability limits set forth w ill apply. For ATM and PIN transactions not processed through VISA/Plus, you can lose no more than $50 if someone accessed your account can prove that w e could have stopped someone from accessing your account w ithout your permission if you had told us, you could lose as much as $500. Any person, w ho is permitted by you, either by express or implied permission, to use your card w ould be able to w ithdraw all of the money in your account. We refer to such persons as authorized users, and you agree that all authorized users may w ithdraw funds fro m your accounts w ith your card. You agree that you w ill not use your account, or any devices that access your account, in any illegal manner , and/or for any illegal purpose, including, but not limited to illegal internet gambling. Credit Union Liability If w e do not complete a transfer to or from your account on time or in the correct amount according to our agreement w ith you, w e w ill be liable for your losses or damages. How ever, there are some exceptions. For example, Team One w ill not be liable if: a. Through no fault of ours, you do not have sufficient available funds in your account to make the transfer. b. The automated teller machine w here you are making the transaction does not have enough money. c. The system is not w orking properly and you know about the breakdow n w hen you start the transfer. d. Circumstances beyond our control (such as fire, flood, computer malfunction, electrical outage, or problems w ith the telephone lines) prevent the transfer, despite the reasonable precautions w e have taken. e. A third party originating a deposit fails to generate the deposit or fails to generate it in the correct amount or on time. f. The money in your account is subject to legal process or other encumbrance. g. We fail to honor your card due to improper use or retrieval of the card by a Team One ATM or any Netw ork ATM. h. You have not provided the bill pay service w ith the correct names or account information for those persons or entities to w hich you w ish to direct payment. i. The intended recipient of the payment mishandles or delays a payment sent by the bill pay service. j. There are other exceptions stated in our agreement w ith you. Reversing Electronic Fund Transfers. If an "electronic fund transfer" described in this section w as a payment of $50.00 or more for goods or services, you have the right to require us to reverse such transfer and to re-credit your account w ith the full amount of the transfer if (1) you tell us, w ithin 4 calendar days after the date of the transfer, to make such a reversal, (2) you notify us that you have made a good faith attempt to resolve your dispute w ith the third party involved, and (3) you assure us that any returnable goods involved in the dispute w ill be return ed. If you do these things in w riting, you MUST send the letter to our address as set forth at the end of this EFT Disclosure. If you phone us, you MUST call at the phone number as set forth at the end of this EFT Disclosure. If you tell us orally that you w ant such a transfer reversed, you MUST send us a letter to confirm your reversal request, your notice of attempted resolution of the dispute, and your assurance to return any returnable goods involved. You are required to get this letter back to us w ithin 14 calendar days after the date of your oral request for reversal. We reserve the right to impose a reasonable charge for handling such reversal requests, and to increase such charges thereafter. Fees There is no charge to you for using Telephone Banking, Online or Mobile Banking, or for participating in Direct Deposit. How ever, Team One reserves the right to impose service charges at a future date after giving notice. ATM, Bill Pay, and ACH debit services are subject Nonproprietary ATM When you use an ATM not ow ned by Team One, you may be charged a fee by the ATM operator or any netw ork used in processing the transaction, and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer. Foreign Transactions Exchange Rate The exchange rate betw een the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in w holesale currency markets for the applicable c entral processing date, w hich may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. NOTE: Foreign transactions include transactions initiated inside the United States but process ed by a merchant outside of the United States. Transaction Fee A fee of up to 1 percent of transaction amount, plus any surcharges assessed by ATM ow ner, is charged for transactions conduc ted outside the United States. Access Device Revocation. the follow ing conditions occur: t occurs on your account(s) w hich results in a monetary loss to the Credit Union. Any other situation in w hich the Credit Union deems revocation to be in its best interest. Privacy We w ill not disclose information to third parties about your account or the transactions you make except: a Where it is necessary for us to complete a transfer. b To verify the existence or status of your account for ordinary business purposes, such as a request from a credit reporting agency or merchant, etc. c In order to comply w ith legal process, such as government agency or court orders, etc. d If you give us your w ritten permission. Change in Term s We reserve the right to change or amend the terms of our Membership and Account Opening Agreement as listed by posting on Tea m mendments to you at the physical or email address show n on the credit union's records. Prior notice may not be given w here an immediate change is necessary to restore the security of your account . Regulatory Authority Notification of R gu ato y Authorities : This EFT Agreement and the EFT services provided in this EFT Agreement are governed by Federal law and Michigan law. You may notify the State agency noted below of any violation of law. The address of this agency is as follow s: Credit Union Division Department of Insurance and Financial Services P.O. Box 30224 Lansing MI 48909