End User License Agreement
Piedmont Credit Union
Remote Deposit Capture Application End User License Agreement
This Remote Deposit Capture
Application End User License Agreement (“Agreement”)
constitutes a legal agreement between Piedmont Credit Union, a
credit union organized and existing under the laws of
Commonwealth of Virgina, its subsidiaries, affiliates, agents and/or
Cachet Financial Solutions, Inc. organized and existing under the laws of the
State of Minnesota (collectively and individually referred as “we” “us” “our”) and you
use on various computing devices, including mobile, tablet, or desktop
remote deposit capture application (“Application”)
conducting financial transactions provided.
- DESCRIPTION OF
- Remote Deposit Capture is a
personal financial information management service that allows you to
transmit and deposit checks and other financial instruments through use
Application provided by us through our online banking services using
compatible and supported mobile phones and/or other compatible and
wireless devices or network devices under your control (the “Service”).
- We reserve the right to modify
the scope of the Services at any time. We reserve the right
to refuse to make any transaction you request through the Service. You
and understand that the Services may not be accessible or may have
limited utility over
some networks, such as while roaming.
- LICENSE AND RESTRICTIONS,
- Subject to the terms of this
Agreement, we hereby grant you a limited, personal, revocable,
nonexclusive, nonsublicensable, nonassignable, nontransferable,
and right to use the Application for the sole purpose of your use of
- You acknowledge and agree that
any and all intellectual property rights (the “IP Rights”)
in the Service and the Application are and shall remain the exclusive
of us. Nothing in this Agreement intends to or shall transfer any IP
to, or to vest any IP Rights in, you. You are only entitled
limited use of the rights granted to you in this Agreement. You will
any action to jeopardize, limit or interfere with the IP
acknowledge and agree that any unauthorized use of the IP Rights is a
violation of this
Agreement, as well as a violation of applicable intellectual property
laws. You acknowledge and understand that all title and rights in and
content that is not contained in the Service and Application, but may
through the Service, is the property of the respective content owners
be protected by applicable patent, copyright, or other intellectual
property laws and treaties.
- You agree not to sell, assign,
rent, lease, distribute, export, import, act as an intermediary or
provider, or otherwise grant rights to third parties with regard to the
or Service or any part thereof without our prior written consent.
- You agree not to undertake, cause, permit or authorize
modification, creation of derivative
works, translation, reverse engineering, decompiling, disassembling or
of the Application, the Service, or any part thereof. You
to intercept, capture, emulate, or redirect the communications
protocols used by us
for any purpose, including without limitation causing the Service or
Application to connect to any computer server or other device not
authorized by us.
- We reserve the right to add or delete features or
functions, or to provide programming fixes, updates
and upgrades, to the Service or Application. You acknowledge
and agree that we have no obligation to make available to you any
subsequent versions of
the Application. You also agree that you may have to enter
into a renewed version of this Agreement if you want to download,
use a new version of the Service or Application.
- We have no obligation
whatsoever to furnish any maintenance and support services with respect
to the Service or Application, and any such maintenance and support
provided will be provided at our discretion.
- You grant to us a nonexclusive, perpetual, non-revocable,
royalty free license to use,
retain, and share any information transmitted through the Application
including, your location, device-based location information, account
name, date, account amount, and endorsements solely for the purpose of
the Services. This license shall survive termination of this
Agreement for such period as necessary for us to provide the Services,
comply with the
law, or comply with an internal guidelines or procedures.
- COMPLIANCE AND INDEMNIFICATION
agree to use the products
and Service for lawful purposes and in compliance with all applicable
laws, rules and regulations. You warrant that you will only
transmit acceptable items for deposit and will handle the original
items in accordance with
applicable laws, rules and regulations.
- Any image of a check that you
transmit using the Application must accurately and legibly provide all
the information on the front and back of the check necessary to process
the check, including any required endorsements.
- You are responsible for any
loss or overdraft plus any applicable fees to your Account due to an
item being returned.
- In the event any item that you
transmit for remote deposit that is credited to your account is
dishonored, you authorize us to debit the amount of such item from your
- You agree to notify us
immediately if you change your email address, as this is the email
address where we will send you notification of receipt of remote
- You understand and agree that
the Services may at times be temporarily unavailable due to the system
maintenance or technical difficulties including those of the
Internet. In the
event that the Services are unavailable, you acknowledge that you can
deposit an original check at your branches or through your ATMs or by
the original check to your financial institution at its then current
address. It is your sole responsibility to verify that items deposited
Services and Application have been received and accepted for deposit.
- Processing of transactions may be limited based on our
normal hours of operation, or those of third
party financial service organizations involved in a transaction.
- You make the following warranties and representations
with respect to each image of an
original check you transmit when utilizing the Application:
image of a check transmitted to us is a true and accurate rendition of
the front and back of the original check, without any alteration, and
the drawer of the check has
no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s)
on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise
indorse to a third party the original item (the original check) and no
person will receive a transfer, presentment, or return of, or otherwise
charged for, the item (either the original item, or a paper or
representation of the original item) such that the person will be asked
to make payment based on an item it has already paid.
- Other than the digital image of an original check that
you remotely deposit through the Application, there
are no other duplicate images of the original check.
- You have instituted procedures to
ensure that each original check was authorized by the drawer in the
amount stated on the original check and to the payee stated on the
- You are authorized to enforce each
item transmitted or are authorized to obtain payment of each item on
behalf of a person entitled to enforce such transmitted item.
- The information you provided remains true and correct
and, in the event any such information
changes, you will immediately notify us of the change.
- You have not knowingly failed to communicate any
material information to us.
- You have possession of each original check deposited
using the Application and no one will submit,
or has submitted, the original check for payment.
- Files and images transmitted to us will contain no
viruses or any other disabling features that may have
an adverse impact on your network, data, or related systems.
- In the event that you believe there has been an error
with respect to any original check or image
thereof transmitted for deposit, you will immediately contact us
regarding such error or
breach as set forth below.
- You agree to indemnify and hold us harmless, along with
our directors, officers, employees, shareholders,
and agents from and against all liabilities, losses, costs, expenses
(including reasonable attorney's fees), and damages resulting from: (1)
negligent acts, omissions or willful misconduct by you; (2) your use of
Service and Application; (3) any breach of this Agreement by you;
and/or (4) your
violation of any law or of any rights of any non-party. The
of this section are for the benefit of us and our officers, directors,
shareholders, agents, and licensors. Each of these
individuals or entities
expressly retains the right to assert and enforce those provisions
directly against you
on its own behalf.
- This Agreement and your use of the Service and
Application may be immediately terminated if your use
of the Application is in a manner that violates any term of this
any other applicable agreement between you and us.
- Upon termination of this Agreement you: (a) acknowledge
and agree that all licenses and rights
to use the Service and Application shall terminate; (b) will cease any
use of the Application; and (c) will remove the Application from all
devices, hard drives, networks, and other storage media in your
under your control.
- LEGAL COMPLIANCE AND EXPORT
represent and warrant
that: (1) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country; and (2) you are not
listed on any U.S.
Government list of prohibited or restricted parties. You also
acknowledge that the Service and Application may be subject to other
U.S. and foreign
laws and regulations governing the export of software by physical or
means. You agree to comply with all applicable US and foreign laws that
apply to us as well as end user, end-use, and destination restrictions
imposed by U.S. and
- WARRANTY DISCLAIMER
CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES
RELATED TO THE
APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA,
PERSONALIZATION SETTINGS OR OTHER APPLICATION INTERRUPTIONS.
WE ASSUME NO
RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO
NON-PARTIES, THE TIMELINESS,
DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS
OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE
- WE ASSUME NO RESPONSIBILITY
FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY
COMPUTING DEVICE OR NETWORK THAT YOU UTILIZE TO ACCESS THE APPLICATION
OR USE SERVICE.
- YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE
APPLICATION ON YOUR COMPUTING DEVICE AND TO USE GOOD
JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION.
- THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS
PROVIDED “AS IS,” WITH ALL WARRANTIES DISCLAIMED,
INCLUDING, ALL EXPRESS OR IMPLIED WARRANTIES, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY SIMILAR
WARRANTY WHETHER SAID
WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY
STATE THEREOF. THERE IS NO REPRESENTATIONS OR WARRANTIES THAT THE
SOFTWARE IS FREE OF
RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY
ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND LICENSED
SHALL BE BORNE SOLELY BY YOU.
- THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION
WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT
DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU
ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED
THROUGH THE USE OF THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK
AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR
PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW
PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE
- NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- SOME JURISDICTIONS DO NOT
PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE
FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE BE LIABLE
TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC (INCLUDING, BUT NOT
LIMITED TO LOST REVENUES OR LOST PROFITS) OR CONSEQUENTIAL DAMAGES
ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR
LIABILITY) OR ANY OTHER THEORY OF LIABILITY. OUR TOTAL LIABILITY FOR
ANY AND ALL
DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND
THEIR ENTIRETY TO THE GREATER OF FIVE HUNDRED DOLLARS OR THE TOTAL
PAID, IF ANY, BY YOU FOR THE LICENSED APPLICATION AND ANY MONTHLY FEES
TO YOU DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE
GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF
REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS
SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO
OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- NOTICES/CONTACT INFORMATION
- All communication with us should specify your name and
Account information. Our contact
information is as follows: Piedmont Credit Union, 366 Piney Forest Rd., Danville VA 24540. All
you must be made in writing. Legal notice to us shall be effective when
to our Legal Department and received at our address.
- GENERAL INFORMATION
laws of the Commonwelath of Virginia and applicable provision of federal law, excluding its
conflicts-of-law rules, govern this Agreement.
any part of this Agreement
is held invalid or unenforceable, that portion shall be construed to
reflect the parties' original intent, and the remaining portions shall
in full force and effect.
- The failure of us to exercise
or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
- You agree not to transfer or
assign this Agreement or any of your rights under this Agreement. Any
purported transfer or assignment by you in violation of this section is
Subject to the foregoing, this Agreement shall be binding on and inure
benefit of the parties, their successors, permitted assigns and legal
- The provisions of this Agreement relating to intellectual
property ownership, restrictions on
use, disclaimers of warranties, limitations of liability and
shall survive termination or expiration of this Agreement for any
- The section titles in this Agreement are for convenience
only and have no legal or contractual
- Any controversy or claim arising out of or relating to
this Agreement is to be resolved by arbitration. The arbitration is to
be administered by the American Arbitration Association and is to be
conducted in accordance with the Commercial Arbitration Rules of the
Arbitration Association. The arbitration is to be held before a panel
arbitrators, each of whom must be independent of the parties. No later
than 15 days
after the arbitration begins, each party shall select an arbitrator and
request the two selected arbitrators to select a third neutral
arbitrator. If the
two arbitrators fail to select a third on or before the 10th day after
second arbitrator was selected, either party is entitled to request the
American Arbitration Association to appoint the third neutral
accordance with its rules. Before beginning the hearings, each
provide an oath or undertaking of impartiality. Either party may seek
from any court having jurisdiction any interim or provisional relief
that is necessary
to protect the rights or property of that party. By doing so, that
does not waive any right or remedy under this Agreement. The interim or
provisional relief is to remain in effect until the arbitration award
is rendered or the controversy is resolved. The arbitrators are to have
no authority to award punitive damages or other damages not measured by
the prevailing party's actual damages, and may not, in any event, make
finding or award
that does not conform to the provisions of this Agreement. Any
arbitration proceeding under this Agreement must be commenced no later
than two years after
the controversy or claim arose. Failure to commence in a timely
proceeding constitutes both an absolute bar to the commencement of an
arbitration proceeding with respect to the controversy or claim, and a
waiver of the controversy or claim. The arbitrators are to
all controversies and claims arising under or relating to this
accordance with the laws set forth in Section 9(a). The
arbitration is to be conducted in Virginia. Each
submit to any court of competent jurisdiction for purposes of the
enforcement of any
award, order or judgment. Any award, order or judgment pursuant to
arbitration is final and may be entered and enforced in any court of