Online & Mobile Banking Terms & Conditions

DISCOVERY FEDERAL CREDIT UNION ONLINE DIGITAL SERVICES AND RELATED ELECTRONIC PRODUCTS AND SERVICES AGREEMENT AND DISCLOSURE

 

This Agreement and Disclosure (occasionally referred to below as the “Agreement” or the “Online and Mobile Banking Agreement”) governs your access to and use of the following electronic banking, electronic funds transfer, payment, deposit, and related digital services offered by Discovery Federal Credit Union:

• Online Banking
• Mobile Banking Services and Applications
• Online Bill Payment Service (also referred to as “Bill Payment Service”)
• Online Pay-a-Person Service (also referred to as “P2P”)
• External Account Transfers through ACH Origination
• Real-Time Send / Instant Payments through the FedNow® Service
• Mobile Check Deposit

These services are referred to collectively in this Agreement as “Discovery Online Digital Services.” Features associated with these services, including E-Documents, account alerts, SMS authentication, secure messaging, and account information tools, are also governed by the applicable provisions of this Agreement.

This Agreement is provided to members according to applicable laws and regulations, including but not limited to the provisions of the Electronic Fund Transfer Act and the Consumer Financial Protection Bureau’s Regulation E. This agreement supplements the applicable Discovery Federal Credit Union account agreements and disclosures, which also govern these services, but if there are inconsistencies between this Agreement and the Membership Booklet, the provisions of this Agreement shall control any issues related to the Discovery Online Digital Services.

Your use of the Discovery Online Digital Services constitutes your consent to be bound to this Agreement and the applicable portions of the applicable Discovery Federal Credit Union account agreements and disclosures. Except as otherwise required by applicable law, rule, or regulation, we may amend the terms of this Agreement and the applicable Discovery Federal Credit Union account agreements and disclosures from time to time. We will provide notice of a change in the manner and within the time required by applicable law. When advance notice is required, the change will not become effective until the applicable notice period has expired. The most current version of this Agreement will be made available through the Discovery Federal Credit Union website and/or Online or Mobile Banking. Your continued use of an affected service after the effective date of a change constitutes your acceptance of the revised terms, except where applicable law requires another form of consent. You may terminate your use of an affected service before the effective date of an amendment.

As used in this disclosure, the words “we”, “us”, “Discovery Federal Credit Union” or “Credit Union” refer to Discovery Federal Credit Union; the words “I”, “you” and “your” refer to the Credit Union’s member. “Device” means a supportable mobile device including a cellular phone, smartphone, or another mobile device that is web‐enabled and allows secure socket layer (SSL) traffic capable of receiving text messages. Mobile Banking Services refer to mobile banking access by a mobile website or mobile applications. Your wireless carrier may assess fees for data, text messaging, or web services. Please consult your wireless plan provider for details.

Consumer and Business Accounts

A “Consumer Account” means an account established primarily for personal, family, or household purposes. A “Business Account” means an account established primarily for business, commercial, organizational, or other non-consumer purposes.

This Agreement applies to both Consumer Accounts and Business Accounts that are eligible for Discovery Federal Credit Union basic Online Banking or Mobile Banking services, except where a provision expressly states otherwise or where a separate business, treasury management, cash management, or other service agreement governs the account or service. To enroll in Online Banking, you will be prompted to enter your account number, date of birth, and Social Security number. Joint owners should enter their own date of birth and Social Security number rather than the primary account owner’s information. Business account enrollment may require the business account number, your Social Security number or business EIN, and the date of establishment for the business.

ENROLLING IN ONLINE BANKING

Multi-Factor Authentication

During enrollment, when using a new device, or when updating your phone number, email address, or residential address, a verification code may be sent to your email address and/or personal cell phone number on file with the Credit Union. The verification code is required to complete the applicable transaction.

User Security

DISCOVERY FEDERAL CREDIT UNION WILL NEVER CONTACT YOU FOR YOUR USERNAME, PASSWORD, OR SECURITY CODE. ANYONE DOING SO IS NOT FROM DISCOVERY FEDERAL CREDIT UNION AND THEY ARE SCAMMING YOU. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using online banking or mobile banking. You agree you will not give out account information, username, password, security codes, leave your computer or electronic device unattended while on online banking, allow your computer or electronic device to store your username and password, leave account information in view or range of others, nor will you send any private account information via a public or general e-mail system. You also agree to log out of online banking completely if you are using a public computer. You agree not to leave your phone or device unattended while logged into mobile banking and to log off immediately at the completion of each access by you. We recommend that you change your password regularly. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your username, password, security codes, and account information confidential. We make no representation that any content or use of mobile banking is available in locations outside the United States. Accessing mobile banking from locations outside the United States is at your own risk. If you provide your username, password, security code, or other related secure details to any other party, you may be responsible for subsequent activity conducted on any of your accounts. In addition, access to online and mobile banking and other services may be permanently revoked.

Consent to Receive Electronic Communications and Records

To enroll in and use the Discovery Online Digital Services, you consent to receive disclosures, notices, agreements, account records, statements, and other communications relating to the applicable services electronically to the extent permitted by law. Electronic communications may be delivered through Online or Mobile Banking, posted on the Discovery Federal Credit Union website, sent to the email address you have provided to us, or delivered by another electronic method that we make available. Electronic communications and records will be considered to be provided “in writing” when delivered in accordance with applicable law.

Your Right to Withdraw Consent

You may withdraw your consent to receive electronic communications by contacting Discovery Federal Credit Union using the contact information provided in this Agreement. Withdrawal of your consent may result in termination of, or inability to use, a service for which electronic delivery is required. We will inform you of any applicable consequences at the time you withdraw your consent. Withdrawal of consent will not affect the legal effectiveness or enforceability of electronic records provided to you before your withdrawal becomes effective.

Paper Copies

You may request a paper copy of an electronic record by contacting us. We will disclose any applicable fee for a paper copy as required by law or in our Fee Schedule. Nothing in this Agreement limits any right you may have under applicable law to receive a record in paper form.

Keeping Your Information Current

You are responsible for providing us with a current and accurate email address, telephone number, mailing address, and other contact information and for promptly notifying us of any changes.

Hardware and Software Requirements

To access and retain electronic communications, you must have Internet access; a valid email account when email delivery is used; a supported internet browser or mobile application capable of displaying the communications; software capable of viewing PDF documents when documents are provided in PDF format; and sufficient electronic storage capacity or access to a printer if you wish to retain a copy. If a change to the hardware or software requirements creates a material risk that you will no longer be able to access or retain electronic records, we will provide notice and any additional rights required by applicable law. When required by law, your electronic consent must be provided in a manner that reasonably demonstrates your ability to access the electronic records in the format in which they will be delivered.

Call, email, or notify us in writing:
Telephone: (610) 372-8010 or toll-free (800) 563-9383
Email: digital.services@discoveryfcu.org
Discovery Federal Credit Union, Digital Services Department
2744 Century Blvd.
Wyomissing, PA 19610

Equipment and Technical Requirements

You understand that to use Discovery Federal Credit Union’s Online Banking, you must have internet access through an internet provider and internet browser software. You understand that the Credit Union does not make any warranties on equipment, hardware, software, applications (or apps), internet provider service, or any part of them, expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. The Credit Union is not responsible for any loss, injury, or damages, whether direct, indirect, special, or consequential, caused by the internet provider, by Discovery Federal Credit Union’s Online Banking, or by any related software used in the installation, use, or maintenance of your personal computer hardware, software, or other equipment.

Discovery Federal Credit Union does not guarantee that your device or mobile phone service provider will be compatible with Discovery Federal Credit Union’s Mobile Banking. The Credit Union is not responsible for errors or delays or your inability to access the service caused by your device. We are not responsible for the cost of upgrading the device to remain current with the Service. We are not responsible for any damage to the device or the data within.

Personal computers, mobile phones, and other devices with internet capabilities are susceptible to viruses. You are responsible for ensuring that your equipment is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your equipment or could result in information being intercepted by a third party. Discovery Federal Credit Union will not be responsible or liable for any indirect, incidental, special, or consequential damages which may result from such viruses. Discovery Federal Credit Union will also not be responsible if any non‐public personal information is accessed via online banking or mobile banking due to any of the above-named viruses residing on or infecting your computer, phone, or device at any time or from any source. All telephone or wireless charges associated with online banking or mobile banking are your responsibility. All other fees which have been separately disclosed to you in connection with your account(s) will continue to apply to the account(s) and to your online banking and mobile banking.

Minimum System Requirements: To receive and review disclosures electronically, and to view, download, and print E-Documents, you will need the most up-to-date version of your browser. You will also need Adobe Acrobat Reader. The most up-to-date version is recommended.

Electronic Statements and Documents

Under your applicable account or loan agreements, you may be entitled to receive periodic statements, notices, tax forms, loan documents, and other records relating to your account (“Account Documents”). If you enroll in electronic document delivery (“E-Documents”), you authorize Discovery Federal Credit Union to deliver eligible Account Documents to you electronically instead of by postal mail, to the extent permitted by applicable law.

We may notify you at your primary email address when an E-Document is available for viewing through Online or Mobile Banking. You are responsible for maintaining a current email address with the Credit Union. By accepting these terms and conditions, you consent to receive eligible Account Documents electronically.

You further understand and agree to the following:

Account Ownership and Authorization

You represent that you are an authorized signer, authorized user, or primary account holder of the Account. Your electronic consent to this Consent and Authorization, and your electronic authorization of any transaction on the Account made in connection with this Consent and Authorization, shall be legally binding on all owners of the Account, including you. Any transaction performed pursuant to this Consent and Authorization shall be considered authorized by you.

If this is a joint account, you represent and acknowledge that you are an authorized account holder and have the authority to provide this Consent and Authorization on behalf of all account holders. You further acknowledge that all account holders and owners are legally bound by the terms and conditions of this Consent and Authorization.

Transactions performed on any Account indicated below by electronic means, using your PIN, password, or security code, shall be considered authorized by you.

Hardware and Software Requirements

You understand that you must have the hardware and software necessary to access, view, and retain E-Documents.

Minimum Requirements for Viewing and Saving E-Statements:

• You must be enrolled as an authorized user in Discovery FCU Online Banking.
• You must have a device and software capable of viewing and saving PDF files.
• You must have software capable of viewing and, if desired, printing PDF files, such as Adobe Acrobat Reader or another compatible PDF reader.

• You are responsible for maintaining the hardware, software, and internet access necessary to access and retain your E-Documents.

Loan Payment Responsibility

You understand and agree that by enrolling in E-Statements, you will no longer receive eligible loan statements by postal mail. However, your enrollment in E-Statements does not change or eliminate your obligation to make all required loan payments in a timely manner.

You remain responsible for making all loan payments in accordance with the terms and conditions of your applicable loan agreements and disclosures, as those agreements and disclosures may be amended from time to time. Your responsibility to make timely payments applies regardless of whether you receive an electronic or paper statement or notice.

Paper Copies

You may also request a paper copy of any E-Document.  You realize there is a fee for this service. Please refer to the current fee schedule available through Online Banking for applicable fees.

Withdrawal of Consent

You may withdraw your consent to receive E-Documents at any time by following the procedures provided by the Credit Union for withdrawing your consent. Withdrawal of consent will not affect the legal validity or enforceability of electronic Account Documents previously provided to you.

If you withdraw your consent, the Credit Union may discontinue electronic delivery of Account Documents and resume delivery by postal mail, subject to applicable law and the terms of your account or loan agreements.

Changes to These Terms

Discovery Federal Credit Union reserves the right to change the terms and conditions of this Consent and Authorization. We will provide notice of changes as required by applicable law. Your continued access to or use of E-Documents after receiving notice of a change may constitute your acceptance of the revised terms, to the extent permitted by applicable law.

The Credit Union reserves the right to discontinue the E-Documents program at any time, subject to applicable law.

Online and Mobile Banking Access

You must be enrolled in Online and/or Mobile Banking and have a valid password or other required authentication credentials to enroll in and access E-Documents.

You agree that the password and other authentication credentials used to access Online or Mobile Banking constitute reasonable security procedures for purposes of enrolling in the E-Documents program and accessing your Account Documents, subject to applicable law and the Credit Union’s security procedures.

By accepting this Consent and Authorization electronically, you affirmatively consent to receive eligible Account Documents electronically and acknowledge that you have the ability to access and view the electronic records that will be provided to you.

 

Electronic Funds Transfers – Supplemental Agreement & Disclosure

To the extent that any of the Discovery Online Digital Services (including but not limited to Online Banking, Mobile Banking, and Online Bill Payment Service) provides you with electronic funds transfer services (as defined in the Electronic Funds Transfer Act), any such transfers are subject to the Electronic Funds Transfer Agreement and Disclosure in Discovery Federal Credit Union’s Membership Agreement, as supplemented by the disclosures, terms, and conditions in this Agreement. All transactions done using Discovery Online Digital Services are also subject to the terms of the specific deposit or loan account agreements and disclosures and the current fee schedule.

For any electronic or preauthorized transfers that are unrelated to Online Banking or Mobile Banking, please refer to the Electronic Funds Transfer Agreement and Disclosure in applicable Discovery Federal Credit Union account agreements and disclosures.

Consumer and Business Account Treatment

Certain provisions of this Agreement are required by the Electronic Fund Transfer Act and Regulation E and apply only to Consumer Accounts and consumer electronic fund transfers covered by those laws. References in this Agreement to rights or liability limits under Regulation E, including provisions concerning unauthorized electronic fund transfers and error resolution, apply only to the extent required by applicable law.

Business Accounts may use basic Online Banking and Mobile Banking services under this Agreement. Transactions involving a Business Account are also subject to the applicable Business Account agreements and other commercial laws and rules. Regulation E generally does not apply to an account established primarily for business or commercial purposes.

If a Business Account enrolls in a Business Portal, ACH Origination, Positive Pay, wire transfer, treasury management, or another commercial payment or cash-management service governed by a separate agreement, that separate agreement will also apply. If there is a conflict regarding the commercial service, the terms of the applicable business or treasury management agreement will control.

Types of Services/Transfers Available/Transfer Limitations

With appropriate access and your authentication information, you may perform transactions such as the following in Online Banking or Mobile Banking:

• Balance inquiries
• Transfers between your accounts and certain other transfers
• Transfer funds to savings, checking, or loan accounts of other members (if pre-authorized)
• Advances on certain lines of credit
• Review your account history

In Online Banking, you may designate “linked” accounts at the Credit Union between which you may transfer funds electronically. In addition, you may designate eligible accounts in your name at other financial institutions to or from which you may transfer funds using an available external transfer option, including ACH Origination and FedNow® Real-Time Send. The setup of linked accounts includes a verification procedure. Availability, eligibility, transaction limits, processing times, and other restrictions may vary by transfer option.

You may also use the Service to transfer funds from one of your Accounts to another member’s account (member-to-member transfer) or to an account designated by you for a person-to-person (P2P) transfer.

You understand that the amount you may transfer is limited by the available balance in your account and by any limits applicable to the transfer option you select. You authorize us to transfer funds electronically between designated accounts according to your instructions. You are responsible for providing complete and accurate recipient and account information and for reviewing the information displayed before submitting a transfer. The transfer feature and its use do not give you any right or authority to request information concerning another member’s or recipient’s account. Your account history will be your record of the transfer transaction. Additional terms below apply depending on whether you select ACH Origination or FedNow® Real-Time Send.

ACH Origination External Transfers

By initiating an external transfer through ACH Origination, you authorize Discovery Federal Credit Union to initiate debit and/or credit entries through the Automated Clearing House (ACH) network to your designated external account and to offset your Discovery Federal Credit Union account. ACH Origination transfers are processed on Business Days and may be subject to cutoff times disclosed in digital banking. A transfer submitted after an applicable cutoff time, or on a day that is not a Business Day, may be processed on the next Business Day or according to the schedule presented to you when the transfer is established. Once an ACH transfer has been released to the ACH network, it may not be possible to cancel or recover the transfer. For recurring loan payments, the amount of the payment may change from time to time, and the amount of the debit may change accordingly. Discovery Federal Credit Union will provide any notice required by applicable law. You authorize Discovery Federal Credit Union to transmit correcting entries when applicable. This authority remains in effect until you revoke it by canceling the transfer through digital banking or until Discovery Federal Credit Union receives notice of termination in sufficient time and manner to afford the Credit Union a reasonable opportunity to act. Discovery Federal Credit Union reserves the right to terminate or restrict ACH Origination transfers as permitted by applicable law.

FedNow® Real-Time Send

Description of Service

Discovery Federal Credit Union may provide a Real-Time Send option through Online Banking or Mobile Banking that allows you to send an instant payment from an eligible Discovery Federal Credit Union account to an eligible account at another financial institution participating in the FedNow® Service. This section addresses Real-Time Send only. Availability, eligible accounts, transaction limits, participating financial institutions, and other service features may be established or changed by the Credit Union from time to time.

Availability and Processing

FedNow® Real-Time Send may be available 24 hours a day, 7 days a week, including weekends and federal holidays. Payments are designed to be processed within seconds, but availability and processing may be affected by maintenance, system interruptions, fraud or security controls, legal or regulatory requirements, the receiving financial institution, or circumstances beyond the Credit Union’s reasonable control.

Authorization and Recipient Information

By submitting a FedNow® Real-Time Send payment, you authorize Discovery Federal Credit Union to debit your designated account for the amount of the payment and to transmit the payment according to the instructions you provide. You are responsible for accurately entering and reviewing all payment information before submitting the payment, including the recipient and any account or other identifying information requested by the Service. You should send a Real-Time Send payment only to a person or business you know and intend to pay.

Finality and Cancellation

FedNow® Real-Time Send payments are designed to be processed immediately. Once you authorize and submit a payment and it has been accepted for processing, you generally cannot cancel, stop, or amend the payment. If you send an authorized payment to the wrong person, enter an incorrect amount, or otherwise make an error in the payment instructions, contact Discovery Federal Credit Union immediately. We may attempt to assist in requesting the return of funds, but we cannot guarantee that the receiving financial institution or recipient will return the funds. Nothing in this section limits rights you may have under the Electronic Fund Transfer Act, Regulation E, or other applicable law concerning an unauthorized electronic fund transfer or other error covered by applicable law.

Fraud and Scams

Real-Time Send should be used only when you know and trust the recipient. Because payments are processed quickly and generally cannot be canceled after submission, you should not send a payment in response to an unexpected or suspicious request. Discovery Federal Credit Union may decline, delay, block, or otherwise refuse a Real-Time Send payment when permitted by applicable law or when additional review is appropriate, including for fraud prevention, security, sanctions screening, legal or regulatory compliance, insufficient funds, transaction limits, or service availability.

Sufficient Funds, Limits, Fees, and Unsuccessful Payments

You must have sufficient available funds in your account at the time you submit a Real-Time Send payment. The Credit Union may establish minimum and maximum transaction amounts, daily or other aggregate limits, recipient limits, or other restrictions. Applicable limits and any applicable fee may be disclosed in the Credit Union’s Fee Schedule, within digital banking, or before you authorize the payment, as applicable. A Real-Time Send payment may be rejected or may not be completed because of insufficient funds, incorrect or incomplete information, transaction or account restrictions, fraud or security concerns, legal or regulatory requirements, the receiving financial institution’s inability or refusal to receive the payment, or service unavailability.

Errors and Unauthorized Transfers

If you believe a FedNow® Real-Time Send payment was made without your authorization or that an error occurred, notify Discovery Federal Credit Union immediately using the contact information in this Agreement. Consumer Real-Time Send payments that constitute electronic fund transfers are subject to applicable provisions of the Electronic Fund Transfer Act and Regulation E, including applicable error-resolution and consumer-liability provisions. See the “Member Liability for Unauthorized EFTs” and other applicable electronic fund transfer provisions of this Agreement.

Service Rules

FedNow® Real-Time Send payments are processed through the Federal Reserve’s FedNow® Service and are subject to applicable law, including Regulation J, Subpart C, applicable Federal Reserve operating circulars and procedures, and the terms of this Agreement. In the event of a conflict, applicable law will control.

Scheduled Transfers

Our Online Banking Scheduled Transfer Service enables you to manage certain automatic transfers between eligible accounts. Scheduled Transfers that do not vary in amount may be established on a regular schedule of your choice. Scheduled Transfers cannot start on the same day they are entered and may be changed or canceled only before the scheduled transfer date. Scheduled Transfers are processed prior to 9:00 a.m. on each calendar day. The Credit Union may permanently cancel a Scheduled Transfer if it cannot be processed, including because of a closed account, insufficient funds, or other processing issue.

New services may be introduced for online banking from time to time. As new services become available, we may modify our terms of use. If you choose to use the new services, you agree to comply with any new terms of use.

Mobile Banking Services

Discovery Federal Credit Union reserves the right to refuse to make any transaction you request through mobile banking. We may also reserve the right to modify the scope of the service at any time. Mobile banking may not be accessible or may have limited service over some network carriers. Mobile banking may also not be supported by all devices. Discovery Federal Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.

You agree that, when you use mobile banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions that might impact your use of mobile banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services, and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.

Alerts

With online banking Alerts, you can ask us to send you an automated email or text message about your account. Each Alert becomes effective after you set up and activate it.

You can manage the types of your Alerts, and you can suspend or stop any Alert at any time. We reserve the right to change the types of Alerts available or terminate Alert service at any time. You must be aware Alerts are not encrypted, so anyone with access to your e-mail will be able to view your Alerts and their contents. Depending upon which Alerts you select, they may include information such as your account balance, payment due date, or other account-related information.

Alerts may be processed in real-time. Alert information may be subject to time lags and/or delays. We do not guarantee the delivery, timeliness, or accuracy of any Alert, whether within or outside our control. In requesting Alerts, you agree we will not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; any errors in Alert contents; or any actions you or anyone else may take or not take in reliance on an Alert.

Alerts are sent to the e-mail address and/or mobile number you specify. If you change your e-mail address and/or mobile number, you are responsible for informing us of the change and updating any associated alerts.

SMS Terms & Conditions

The Credit Union may deliver SMS-based multi-factor authentication codes and account activity alerts as part of its digital banking services. Standard message and data rates may apply depending on your mobile carrier and service plan. Message frequency varies based on your login activity and the alert types and thresholds you establish in digital banking settings.

You may cancel SMS account activity alerts at any time by texting “STOP” to the applicable 10-digit phone number or by changing your alert and phone number settings in digital banking. After sending “STOP,” you will receive a confirmation message and will no longer receive SMS messages from the applicable service. You may re-enroll at any time through digital banking. For assistance, reply “HELP” or contact digital.services@discoveryfcu.org or (610) 372-8010. Carriers are not liable for delayed or undelivered messages, and message and data rates may apply.

TWO FACTOR CODES: By using Online or Mobile Banking, you may receive SMS text messages containing one-time passcodes for authentication. These messages are triggered by login activity and are used for security verification.

ACCOUNT ACTIVITY ALERTS: You may opt in to receive account activity alerts via SMS through digital banking settings. The phone number selected will receive alerts based on the alert types and thresholds you configure.

Online Banking Online User Precautions

As with all financial transactions, please exercise discretion when using online banking. The following suggestions may be helpful:

• Compare your records with the account statements you receive.
• Carefully read the account information displayed on-screen and compare it with your records and account statements.
• Protect the secrecy of your password. Do not tell anyone your password. Do not write your password where it can be discovered. For example, do not keep a note of your password in your wallet or purse, or on or near your computer. Prevent others from seeing you enter your password by using your body to shield their view.
• Never share Security Codes with anyone.

Accurate Information/Account Ownership

You agree that all information provided to us in connection with online or mobile banking is accurate, current, and complete. You agree you will keep Discovery Federal Credit Union informed on any changes to your e-mail address. You agree that you are legally authorized to access the accounts and other financial information which may be accessed via online or mobile banking. Linked accounts may appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses online banking, that authorized user may be able to view and access at a single time the following accounts:

• The accounts of a business for which that person is an authorized user;
• The accounts of any other business for which that person is an authorized user; and
• Any consumer accounts for which the person is a co-owner or authorized signer.

If you are a business, you authorize each of your authorized users, subject to such terms, conditions, and agreements as we may require, to:

• enter into this Agreement, as amended from time to time;
• access each account of yours in any manner and for any purpose available through online banking, whether now available or available at some time in the future; and
• use any online banking service in any manner and for any purpose available through online banking, whether available now or available at some time in the future.

Member Liability for Unauthorized EFTs

You must contact us immediately if you believe your user ID and/or password have been lost or stolen. Telephoning is the best way to keep your possible losses down. If you fail to notify us promptly you could lose all the money in your account. If you provide prompt notice, then for any unauthorized transfers that qualify as electronic fund transfers, your liability may be limited under the Electronic Fund Transfer Act and the CFPB’s Regulation E. Specifically:

If you tell us within 2 business days, you can lose no more than $50.00 if someone used your user ID and password without your permission.

If you do not contact us within 2 business days after you learn of the loss or theft, and we can prove we could have stopped someone from using your user ID and password without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transactions that you did not make, let us know right away. If you do not notify us within 60 days after the statement or notice of statement availability was transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from notifying us, we might extend the time period.

The consumer liability limitations described above apply to Consumer Accounts to the extent provided by the Electronic Fund Transfer Act and Regulation E. Business Accounts are not entitled to those consumer liability limitations unless otherwise required by applicable law. Liability for unauthorized transactions involving a Business Account will be determined under the applicable account agreement, any applicable business or treasury management agreement, applicable security procedures, and applicable law.

NOTE: Knowledge of your user ID and password may allow access to your accounts to unauthorized persons. Memorize this information or keep it in a completely separate place for your protection.

Business Days

For purposes of electronic transactions, a Business Day means Monday through Friday, excluding federal holidays and Credit Union holidays, unless a particular service is expressly described otherwise. This Business Day definition does not limit the availability or processing schedule of FedNow® Real-Time Send, which may be available outside normal Business Days and business hours as described above.

Documentation of Transfers

You will receive a confirmation screen after every transfer you make. Your monthly statement will show all electronic funds transfers. Any documentation provided to you that indicates that an electronic funds transfer has been made shall be admissible as evidence and proof that such a transfer was made.

Credit Union Liability for Failure to Make Transfers

If the Credit Union does not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may not be held liable for your losses or damages:

• If through no fault of ours, you do not have enough money in your account to make the transfer,
• If the transfer would go over the available credit limit on your account or other available preauthorized lines of credit,
• If we are legally restricted from transferring funds to or from your account,
• If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken,
• If you did not give Discovery Federal Credit Union’s Online Banking complete and correct information needed to complete the transaction,
• If we have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions.

Account Information Disclosure

We may disclose information regarding your accounts or transactions when necessary to complete a transaction, when authorized by you, when permitted or required by applicable law, or as otherwise described in Discovery Federal Credit Union’s Privacy Notice.

Additional Services Available Within Secure Online Banking

In addition to electronic funds transfers, you may use secure Online Banking to complete consumer loan applications, enroll in email or text account status alerts, order checks, view cleared check images, use Online Bill Pay, update personal information and Online Banking access credentials, and exchange secure messages with Credit Union personnel.

Unavailability of Services

The Online Digital Services may at times be temporarily unavailable due to system maintenance or technical difficulties. If a service is unavailable, you may obtain account information, deposit an original check, or conduct other business through available Credit Union channels.

Privacy

Our Online Banking database is a private system operated for the exclusive use of our members. We use SSL encryption and digital server authentication to protect information transmitted between our Online Banking systems and your device. Online Banking activity may be logged and certain information may be collected for internal review, product evaluation, security, and other lawful purposes. We do not sell, transfer, or trade this information unless compelled or permitted by law.

Protecting Children’s Online Privacy

We do not knowingly collect, nor are our Online Digital Services designed or directed to collect, personal information from children under age 13 without verifiable parental consent. If a child whom we know to be under age 13 sends personal information to us, we will use that information only as permitted by applicable law, including to respond to the child, seek parental consent, or provide parental notice.

ONLINE BILL PAYMENT SERVICE

Terms and Conditions Agreement

Note: All references within this document to the terms “Payment Service” and/or “Service” reflect the Internet Bill Pay Service offered by Discovery Federal Credit Union. “You” or “Your” means each person who is authorized to use the Service.

You may use Discovery Federal Credit Union’s Bill Pay Service to direct Discovery Federal Credit Union to make payments from your designated credit union accounts to the Payees you choose in accordance with this agreement. The terms and conditions of this agreement are in addition to the account agreements, disclosures and other documents in effect governing your credit union account(s).

Bill Pay Service

I acknowledge electronic receipt of the Terms and Conditions Agreement (“Agreement”) associated with Discovery Federal Credit Union’s Internet Bill Pay Service and agree that I have read and will abide by this agreement. I also agree Discovery Federal Credit Union does not need to provide me with an additional paper (non-electronic) copy of this Agreement unless specifically requested. I also acknowledge that I have read and will abide by Discovery Federal Credit Union’s Electronic Services Agreement and Disclosure. I understand that an additional copy of this agreement can be provided to me by the Credit Union per my request.

Use of a Third-Party Bill Pay Service Provider

MYCU Services, LLC, a wholly-owned subsidiary of VIZO Corporate Federal Credit Union, is the third-party bill pay service provider Discovery Federal Credit Union has contracted with to provide online bill pay services to its members. MYCU Services will be processing bill payments and, in addition to Discovery Federal Credit Union’s member service, can answer questions directly related to these member-initiated bill payments. Accordingly, the term “MYCU Services” represents the member service provided by MYCU Services to Discovery Federal Credit Union’s bill pay subscribers on the Credit Union’s behalf. MYCU Services partners with iPay Technologies, the leading independent provider of Internet bill payment services, to provide its bill payment product to Credit Unions. Discovery Federal Credit Union, at its sole discretion, reserves the right to change Internet bill pay service providers.

Enrollment Request for the Internet Bill Pay Service

Discovery Federal Credit Union reserves the right to refuse enrollment in the Internet Bill Pay Service to any member who does not meet the Internet Bill Pay Service criteria which have been established by the Credit Union and/or MYCU Services.

Internet Bill Pay Service

As used in this Agreement, the term “Payee” means the vendor, biller, person or entity to which you wish a bill payment to be directed; “Payment Instructions” means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.). ”Payment Account” means your designated Credit Union account, and in the instance of non-sufficient funds and/or an overdrawn account, any applicable share account(s) at Discovery Federal Credit Union, from which all bill payments may be made and/or such funds collected; “Business Day” means Monday through Friday, excluding Federal Holidays and Credit Union holidays; “Payment Date or Process Date” means the Business Day of your choice upon which your bill payment will be made and your Payment Account will be debited; and “Cutoff Time” means 2:00 p.m. Eastern Standard Time on any Business Day, and is the time by which you must transmit instructions to have them considered on that particular Business Day.

Payment may be deducted from your Payment Account by two methods. The two methods are: 1) Via an electronic debit through the Automated Clearing House (ACH) Association or 2.) Via a draft drawn on your account and processed through the Federal Reserve System (as if you had written a check drawn upon your Checking Account).

By providing the Payment Service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the Service to follow Payment Instructions that it receives from you and your authorized user(s) through the Internet Bill Pay Service. When the Service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Business Day designated by you.

For this reason, it is necessary that all Payment Dates selected by you be no less than six (6) Business Days before the actual due date for payments that are being sent by check and three (3) Business Days for ACH payments. It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Payment instructions entered after the Cutoff Time of 2:00 p.m. EST or on a non-Business Day will be considered entered in the Service on the next Business Day. In any event, including but not limited to, choosing a Payment Date which is not six (6) Business Days before the due date, or on or past the due date stated on your invoice or bill, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

The Bill Pay Process

Single Payments – A single payment will be processed on the business day that you designate as the payment’s process date, provided the payment is submitted prior to the daily Cutoff Time on that date. A submitted payment after the Cutoff Time on the designated process date will be processed on the next business day. If you designate a non-business day or Federal and/or Credit Union holiday as the payment’s process date, the payment will be processed on the first business day following the designated process date.

Recurring Payments – When a recurring payment is processed, it is automatically rescheduled by the Service. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business day or Federal and/or Credit Union holiday, it is adjusted based upon the following rules:

1. If the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first business day prior to the calculated process date.

1. If the recurring payment’s “Pay After” option is selected, the process date for the new occurrence of the payment is adjusted to the first business day after the calculated process date.

Note: If your frequency settings for the recurring payment specify the 29th, 30th or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.

Available Funds

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, in addition to any other payment obligations you have to the Credit Union. The Credit Union reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirements or any other term of this agreement. If you do not have sufficient funds in the account and the Credit Union has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligation and any associated fees on demand. You further agree that the Credit Union, at its option, may charge any of your accounts with the Credit Union to cover such payment obligations.

Password and Security

You are solely responsible for controlling the safekeeping of and access to your password. You agree not to give or make available your Discovery Federal Credit Union Internet Bill Pay account number and password to any unauthorized individuals. You are responsible for all bill payments you, and any authorized users, authorize using the Service. If you permit other persons to use the Service or you made known your account number and password (even though you have agreed not to disclose this information); you are responsible for all transactions they authorize. If you believe that your account number and password have been lost, stolen or compromised, or that someone may attempt to use the Service without your consent or has transferred money from your account by accessing your account without your permission, you must notify Discovery Federal Credit Union at once by calling 610.372.8010.

If you want to terminate an individual’s preauthorized authority to your Bill Pay Service, it is your responsibility to change your password. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment.

You also agree that Discovery Federal Credit Union may revoke your Internet Bill Pay Service if unauthorized account access/transactions occur as the apparent result of negligence in the safeguarding of the Account Number and password(s) belonging to you and/or your authorized user(s).

Disclosure of Account Information

We may disclose information to third parties about your account or transfers you make (1) when it is necessary to complete an electronic transaction, (2) in order to verify the existence and conditions for your account for a third party, such as a credit bureau or merchant, (3) in order to comply with a government agency or court order, or any other legal process, or (4) if you give us written permission.

Service Fees

Discovery FCU Online Bill Pay is a convenient service offered to qualifying members enrolled in Discovery FCU Online Banking. Fees will be incurred for certain transactions and optional services, such as non-sufficient funds or automatic overdraft fees, and are specified in the Discovery FCU Fee Schedule. You can request a paper copy at any time by contacting the credit union.

Additional miscellaneous product fees include, but are not limited to:

• Non-Sufficient Funds (NSF) – $30.00
• Overdraft Courtesy Pay – $30.00
• Automatic Overdraft Transfer – $5.00

Note: The above-stated fees are subject to change from time to time. Discovery Federal Credit Union will provide advance notice of any change when required by applicable law. Please refer to the Credit Union’s current Fee Schedule for applicable fees.

You agree to pay such fees and charges, and authorize the Service and/or Credit Union to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your savings or loan accounts will continue to apply.

You are responsible for any and all telephone access fees or Internet Service Fees that may be assessed by your telephone utility and/or Internet Service Provider.

Alterations and Amendments

Discovery Federal Credit Union may amend this Agreement, applicable service terms, fees, or charges from time to time. Notice of any amendment will be provided in accordance with applicable law and may be delivered electronically, by mail, through Online or Mobile Banking, on our website, or by another method permitted by law. When applicable law requires advance notice, the amendment will become effective only after the required notice period.

Address Changes

You agree to promptly notify Discovery Federal Credit Union in writing of any address change. Changing your address on the Service does not automatically update your address of record at Discovery Federal Credit Union. Similarly, updating your address at Discovery Federal Credit Union does not automatically update the address on the Service.

Termination or Discontinuation

You may terminate your use of the Service at any time by contacting Discovery Federal Credit Union. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. If you have scheduled payments with Process Dates within this 10-day period, you must separately cancel those payments pursuant to the terms and conditions listed in this Agreement. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Process Dates during the ten (10) days following our receipt of your written termination.

Subject to applicable law, we may terminate your use of the Service, in whole or in part, at any time if you do not comply with the terms of this Agreement, or the agreements governing your Discovery Federal Credit Union accounts, or if your designated bill payment account is not maintained in good standing. Termination will not affect your liability or obligation under this Agreement for transactions that we have processed on your behalf.

Disputes

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by referencing this document. You agree that this Agreement is the complete and exclusive statement of the agreement between you, the Credit Union and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Credit Union or Service relating to the subject matter of this Agreement. If there is a conflict between what Credit Union’s employees say and the terms of this agreement, the terms of the Agreement shall control.

Assignment

You may not assign this Agreement to any other party. The Credit Union may assign this Agreement to any present or future directly or indirectly affiliated company. The Credit Union may also delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third-party service providers.

No Waiver

The Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Credit Union. No delay or omission on the part of the Credit Union in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America, without regard to its conflicts of law provisions.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCOVERY FCU MOBILE CHECK DEPOSIT TERMS AND CONDITIONS

These Mobile Check Deposit Terms and Conditions (“Agreement”) govern your use of the Mobile Check Deposit service offered by Discovery Federal Credit Union (“Credit Union,” “we,” “us,” or “our”). By using the Mobile Check Deposit service, you agree to these terms.

Description of Service

The Mobile Check Deposit service allows you to deposit eligible checks into your Discovery Federal Credit Union account by capturing and transmitting images of the front and back of a check using an approved mobile device.

Eligibility

To use the Mobile Check Deposit service, you must:

• Maintain an eligible account in good standing.
• Be enrolled in the Credit Union’s online or mobile banking service.
• Use compatible hardware and software approved by the Credit Union.
• Accept these Terms and Conditions.

The Credit Union may approve, deny, suspend, limit, or terminate Mobile Check Deposit access at any time and at its sole discretion.

Eligible and Ineligible Items

Eligible items include “checks” as defined by Federal Reserve Regulation CC. You agree that an electronic image transmitted through Mobile Check Deposit constitutes an “item” under Article 4 of the Uniform Commercial Code.

The following items are not eligible for deposit through Mobile Check Deposit:

• Money orders.
• Traveler’s checks.
• S. Savings Bonds.
• Checks drawn on foreign financial institutions.
• Checks payable to someone who is not an owner of the account.
• Third-party checks, unless specifically authorized by the Credit Union.
• Checks drawn on a Discovery Federal Credit Union account.
• Altered, fraudulent, or suspicious items.
• Substitute checks or image replacement documents as defined by Regulation CC.
• Stale-dated, expired, or postdated checks.
• Checks previously deposited, represented, or returned unpaid for any reason, including Non-Sufficient Funds (NSF) or Refer to Maker.
• Any item prohibited by applicable law or Credit Union policy.

The Credit Union reserves the right to reject any item submitted through Mobile Deposit.

Deposit Procedures

To submit a deposit, you agree to:

• Properly endorse the check exactly as your name appears on the “Pay to the Order of” line.
• Include the restrictive endorsement: “For Mobile Deposit Only at Discovery Federal Credit Union.”
• Capture clear images of both the front and back of the check, including all four corners.
• Submit the images through the approved mobile application.

Receipt of a transmission does not mean the deposit has been accepted.

Deposit Limits

The Credit Union may establish daily, weekly, monthly, aggregate, or per-item deposit limits and may modify those limits at any time without prior notice. Deposits exceeding applicable limits may be rejected.

Funds Availability

Deposits made through Mobile Check Deposit are subject to the Credit Union’s Funds Availability Policy.

Unless a longer hold applies under applicable law:

• All checks deposited on the same business day will be combined to determine the aggregate deposit amount.
• The first $275 of the aggregate daily deposit will generally be available on the first business day following the day of deposit.
• Remaining funds will generally be available on the second business day following the day of deposit.

All deposits are provisional until final payment has been received from the paying financial institution.

The Credit Union may delay funds availability or extend any hold as permitted by law, including in emergency situations involving failures of communications or computer equipment, or whenever the Credit Union reasonably believes a deposited item may not be paid.

Image Quality

You are responsible for ensuring that each transmitted image:

• Is clear and legible.
• Includes all four corners of the check.
• Accurately represents the original item.
• Meets applicable industry image quality standards.

The Credit Union may reject any image that fails to meet these standards.

Member Responsibilities

You agree to:

• Deposit each original check only once.
• Never re-present or attempt to negotiate an original check after it has been submitted through Mobile Check Deposit.
• Accurately capture and transmit all check information.
• Use the service only for lawful purposes.
• Protect your login credentials and mobile device.
• Notify the Credit Union immediately if you suspect unauthorized use of your account or the Mobile Check Deposit service.

You are responsible for any loss, claim, or expense resulting from duplicate deposits, improper endorsements, inaccurate information, or misuse of the service.

Original Check Retention and Destruction

After submitting a check through Mobile Check Deposit, you agree to:

• Securely retain the original paper check for at least sixty (60) days after the deposit has been accepted.
• Upon request, promptly provide the original check to the Credit Union for collection, auditing, or to resolve claims involving the deposited item.
• Securely destroy the original check after the retention period by shredding or another method that renders it unusable.

If you are unable to provide the original check upon request, you may be responsible for any resulting losses, claims, or damages.

Right to Reject Deposits

The Credit Union may reject any deposit for any reason, including but not limited to:

• Poor image quality.
• Duplicate submission.
• Ineligible items.
• Suspected fraud.
• Deposit limit violations.
• System or transmission errors.

The Credit Union is under no obligation to notify you before rejecting a deposit.

Errors

You agree to promptly review your Mobile Check Deposit activity and account statements and notify Discovery Federal Credit Union of any error or discrepancy as soon as reasonably possible. Unless a longer period is provided by applicable law or another agreement governing your account, you should notify us within thirty (30) days after the statement on which the error or discrepancy first appears. Nothing in this section is intended to reduce or limit any error-resolution, notice, or other rights available to you under applicable federal or state law or another agreement governing your account.

Availability of Service

The Mobile Check Deposit service may be unavailable from time to time due to scheduled maintenance, system failures, telecommunications interruptions, or circumstances beyond the Credit Union’s control.

The Credit Union does not guarantee uninterrupted or error-free service.

Security

You agree to maintain appropriate security over your mobile device and account credentials, including using passwords, current operating system updates, and reasonable security protections.

You must immediately notify the Credit Union if your mobile device is lost or stolen or if you suspect unauthorized access.

Fees

Applicable Mobile Check Deposit service fees, if any, are disclosed in the Credit Union’s Fee Schedule and may be changed as permitted by applicable law.

Limitation of Liability

To the fullest extent permitted by law, the Credit Union is not liable for indirect, incidental, consequential, special, or punitive damages, lost profits, rejected deposits, telecommunications failures, or delays beyond its reasonable control. Nothing in this Agreement limits liability where prohibited by applicable law.

Indemnification

You agree to indemnify and hold the Credit Union harmless from losses, claims, damages, liabilities, and expenses arising from your violation of this Agreement, duplicate deposits, fraudulent activity, negligence, or violations of applicable law.

Suspension and Termination

The Credit Union may suspend or terminate your Mobile Check Deposit access immediately if it believes misuse, fraud, security concerns, operational concerns, or violations of this Agreement have occurred. Termination does not affect obligations arising before termination.

Amendments

The Credit Union may amend this Agreement at any time. Continued use of the Mobile Check Deposit service after any amendment becomes effective constitutes acceptance of the revised terms.

Electronic Communications

You consent to receive notices, disclosures, and communications electronically through online banking, email, or other electronic methods permitted by law.

Contact Information

Discovery Federal Credit Union

Phone: 610-372-8010

Email: digital.services@discoveryfcu.org

Mailing Address: 2744 Century Blvd, Wyomissing, PA 19610

Third-Party Service Providers

Discovery Federal Credit Union may use one or more third-party service providers to provide, process, support, or maintain portions of the Discovery Online Digital Services. Your use of a service remains subject to this Agreement and any additional terms applicable to that service. The use of a third-party service provider does not alter any rights or responsibilities that cannot be waived or limited under applicable law.

Service Suspension or Termination

Discovery Federal Credit Union may suspend, restrict, or terminate access to any Discovery Online Digital Service when permitted by applicable law, including when we reasonably believe suspension or termination is necessary because of suspected fraud, unauthorized activity, security concerns, misuse of a service, violation of this Agreement, legal or regulatory requirements, system or operational concerns, or closure or restriction of an underlying account. You may discontinue an Online Digital Service by contacting us or by using any cancellation method we make available for that service. Termination of a service does not affect transactions already processed or obligations arising before termination.

Account Security

You are responsible for safeguarding your user identification, passwords, security codes, authentication methods, devices, and other means of access to your accounts and Discovery Online Digital Services. You are responsible for transactions that you initiate or authorize, subject to applicable law and the provisions of this Agreement concerning unauthorized transactions.

Unauthorized Activity and Errors

If you believe or suspect that your access information has been lost, stolen, or compromised, that someone may attempt to access your accounts without your consent, that an unauthorized transfer has occurred, or that there has been fraudulent activity in your account, notify Discovery Federal Credit Union immediately. See the Member Liability for Unauthorized EFTs section and any other applicable account or business agreement.

Electronic Mail (E-mail)

Email may not be secure. Do not include confidential information such as account numbers, passwords, security codes, or balances in an unsecured email. You may not use ordinary email to initiate a transaction unless we expressly permit that method for the applicable service.

APPLICABLE RULES, LAWS, AND REGULATIONS

This Agreement shall be governed by and construed in accordance with applicable federal laws and regulations and, to the extent there is no applicable federal law or regulation, by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

ASSIGNMENT

Discovery Federal Credit Union may assign its rights and/or delegate all or a portion of its duties under this Agreement to an affiliate, contractor, or other third party as permitted by applicable law. You may not assign this Agreement without our prior written consent.

INTEGRATION

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings, and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Credit Union.

SEVERABILITY

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Credit Union, this Agreement will control.

DISPUTES

In the event of a dispute regarding the Discovery Online Digital Services, the terms of this Agreement and any other applicable account or service agreement will govern. If there is a conflict concerning a particular service, the agreement specifically governing that service will control to the extent of the conflict.

WAIVER

A delay or failure by Discovery Federal Credit Union to exercise any right or remedy under this Agreement will not constitute a waiver of that right or remedy. A waiver on one occasion will not constitute a waiver on any other occasion.

FORCE MAJEURE

Neither party shall be liable for any loss or damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

CONSTRUCTION

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

HEADINGS AND CAPTIONS

The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.