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Mobile Banking Disclosures

   General Terms & Conditions | Remote Deposit Capture User Agreement | E-Sign Consent
Mobile Banking | Remote Capure Deposit

Mobile Banking General Terms & Conditions
Remote Deposit Capture User Agreement and E-Sign Consent
 
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS MOBILE BANKING APPLICATION.
 
BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION (for purposes of these terms and conditions the term " HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION " includes HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS SERVICE.
 
No Warranties. Although Highland Federal Savings and Loan Association attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the SERVICE, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OPERATED BY A THIRD PARTY.
 
Finally without limitation as to the foregoing, in regard to Limitation of Liability. IN NO EVENT WILL HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE OR ANY SERVICE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SERVICE OR ANY OTHER SERVICE, EVEN IF HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
 
Use of SERVICE. Contents are included in this SERVICE solely for the personal use of SERVICE users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this SERVICE without the prior written consent of Highland Federal Savings and Loan Association which may be withheld in its sole discretion.
 

Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all Contents of this SERVICE, including the graphics, icons and overall appearance of the SERVICE, are the sole and exclusive property of Highland Federal Savings and Loan Association and/or its subsidiaries or affiliates. Certain of Highland Federal Savings and Loan Association’s trademarks and/or servicemarks are also listed below. The posting of the Contents of this SERVICE neither constitutes a waiver of any of Highland Federal Savings and Loan Association’s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the SERVICE user or to any third party. Contents of this SERVICE are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the SERVICE.

 
HighlandFederal.com SM is a trademark of Highland Federal Savings and Loan Association.
 
The display of third party trademarks within this SERVICE does not grant a license of any kind to the reader. Any downloading of material contained in the site or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this SERVICE or any SERVICE linked to this SERVICE may be a violation of federal and other trademark laws and federal copyright laws.
 
Links to Other SERVICEs.  Highland Federal Savings and Loan Association may establish links between this SERVICE and one or more SERVICEs operated by third parties. Highland Federal Savings and Loan Association has no control over any such other SERVICEs or the contents therein. The existence of any such links shall not constitute an endorsement by Highland Federal Savings and Loan Association of such SERVICEs, the contents of the SERVICEs, or the operators of the SERVICEs.
 
Transmissions to and from this SERVICE. Except where expressly indicated otherwise, transmissions to and from this SERVICE or directed to Highland Federal Savings and Loan Association, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Highland Federal Savings and Loan Association. Please do not use e-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-931-484-6178 or write us instead at this address: HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION, 106 S Main St., Crossville, TN  38555 Attention: Mobile Banking Customer Service. Any transmission to this SERVICE, including emails shall be deemed and remain the property of Highland Federal Savings and Loan Association. Highland Federal Savings and Loan Association shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a SERVICE user to Highland Federal Savings and Loan Association through this SERVICE.
 
Modifications. Highland Federal Savings and Loan Association may at any time make modifications, changes, and alterations to the Contents of this SERVICE, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this SERVICE following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
 
Governing law. These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Tennessee, without regard to the conflict of laws thereof, and to the laws of the United States.
 
Venue. Disputes arising from the use of this SERVICE shall be exclusively subject to the jurisdiction of any federal or state court for the Eastern Tennessee Judicial District.
 
Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
 
Service Contact. You may contact Highland Federal Savings and Loan Association by email at customerservice@highlandfederal.com or by calling 931-484-6178.
 
General Description of Mobile Banking Service Agreement
 
What Does This Agreement Cover
 
This Agreement between you and the Highland Federal Savings and Loan Association governs the use of Mobile Banking services. These services permit Highland Federal Savings and Loan Association customers (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a mobile device or mobile smart telephone.  Unless indicated otherwise by the context, "linked Highland Federal Savings and Loan Association accounts" or "linked accounts" refers to all of your accounts with Highland Federal Savings and Loan Association or its affiliates that you have linked to Mobile Banking services.
 
Accepting the Agreement
 
When you use any of the Mobile Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.
 
Relation to Other Agreements
 
Your use of Mobile Banking services may also be affected by the agreements between us for your linked Highland Federal Savings and Loan Association accounts. When you link an account to Mobile Banking services, you do not change the agreements you already have with us for that account. Similarly, when you use Mobile Banking services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Mobile Banking services.
 
Mobile Banking Services
 
Mobile Banking for Consumers and Businesses
 
You may use Mobile Banking to:
  • View current balance information for your linked Highland Federal Savings and Loan Association accounts.
  • Review available transactions for your linked accounts.
  • View branch locations.
  • View contact telephone numbers and additional contact details.
  • View account alerts and notifications.
  • View public information such as ‘about us’ and contact information.
  • Perform basic services such as changing your Mobile ID and Mobile passcode.
  • Send us secure mobile mail messages and questions regarding your Mobile Banking service.
  • Transfer funds between your linked internal Highland Federal Savings and Loan Association accounts on either a one-time or recurring basis, including as a payment to a linked installment loan or mortgage.
  • Pay bills and external payees as defined by the capabilities of the mobile bill pay services.
 
Description of Mobile Banking Services
 
Internal Account Transfers
 
Processing of Transfer Requests:
  • Transfers can be made in 2 ways, on a 1-time basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfer from a checking to a savings account which occurs every 2 weeks.
  • One-time immediate transfers can be made from a linked Highland Federal Savings and Loan Association checking, savings, money market, or line of credit to most linked Highland Federal Savings and Loan Association accounts.
  • Scheduled and recurring transfers can be made from a linked Highland Federal Savings and Loan Association checking, savings, or money market account to most linked Highland Federal Savings and Loan Association accounts.
 
Transfers from a deposit account are immediately reflected in the account's available balance. Transfers from a line of credit account are immediately reflected in the account's available credit amount.
 
Scheduled and Recurring Transfers
 
Transfers scheduled for a weekend or a non-bank business day will be processed on the next bank business day. All other scheduled and recurring transfers will be processed from the funding account no later than 3:00 p.m. CT on the business day requested.
 
Transfers to Credit Accounts
 
Manual transfers as a payment to a line of credit, installment loan, or mortgage account will be credited with the date the payment is submitted, if it is submitted prior to 5:00 p.m. CT.  Payments submitted after 5:00 p.m. CT will be credited on the next bank business day.
 

Transfers to Deposit Accounts:

  • The posting of transfers may impact when fees apply to your account. Credits can help you avoid overdrafts, returned items and related fees. However, debits may cause you to incur overdrafts, returned items and related fees.
  • All transfers submitted to a deposit account (such as checking, savings, money market) are immediately reflected in the account's available balance.

 

Limitations and Dollar Amounts for Transfers and Payments
 

Transfers and Payments made using Mobile Banking are subject to the following limitations:

  • Bill payments can be for any amount between $1.00 and $9,999.99, with a daily total not to exceed $20,000.00.
  • One-time immediate transfers between linked Highland Federal Savings and Loan Association accounts can be for any amount between $0.01 and $99,999.99.
  • Scheduled transfers between linked Highland Federal Savings and Loan Association accounts can be for any amount between $0.01 and $99,999.99.
  • All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.
  • At Highland Federal Savings and Loan Association’s discretion, we may refuse to process any transaction that exceeds any of the above limits.  In this case, you are responsible for making alternate transfer arrangements.

 

Transfer/Payment Authorization and Sufficient Available Funds:

  • You authorize Highland Federal Savings and Loan Association to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments.
  • You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.
  • The completion of a transfer or payment is subject to the availability of sufficient funds (including any overdraft protection plans) at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable account agreement and fee schedule for details. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution.
  • At our option, we may make a further attempt to issue the payment or process the transfer request.
  • Highland Federal Savings and Loan Association is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.

 

Canceling Transfers and Payments
 

Bill Payments:

  • In order to cancel a payment (including a payment you scheduled from an account maintained at another financial institution), you must sign into Highland Federal Savings and Loan Association Internet Banking and follow the directions provided on the Bill Pay screens. The cancel feature is also found in the Payment History or Recurring Payments sections of Mobile Banking.
  • Future-dated payments can be cancelled prior to 5 p.m. ET on the third bank business day prior to the scheduled delivery date.
 
Transfers:
  • You cannot cancel a 1-time immediate transfer after it has been submitted in Mobile Banking and the information has been transmitted to us.
  • Future-dated and recurring transfers can be canceled prior to midnight ET on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is In Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled. Canceled transfers remain under Review Transfers.
 
Alternative Method
 
Note: The easiest and most convenient way to cancel a payment or transfer is through the method described above. However, you may request to cancel a scheduled or recurring payment or a future-dated transfer by calling us at 931-484-6178.
 
We must receive your request three (3) bank business days or more before the payment or transfer is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you call or write to cancel a payment or transfer that is Pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.
 
Other Terms and Conditions
 
Monthly Service Charge
 
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the Mobile Banking service.
 
Other Charges
 
In addition to the fees already described in this Agreement, you should note that depending on how you access Mobile Banking you might incur charges for:
  • Normal account fees and service charges.
  • Any Internet service provider fees.
  • Purchase of computer programs such as Personal Financial Management (PFM) software.
  • Payments or transfers made through Mobile Banking services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
  • Additionally, fees may be assessed for added self-service features available through Mobile Banking customer service, such as stop payment requests, check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement.
  • A NSF fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
  • We may charge you a research fee of $15.00 per hour for an inquiry about a transaction that occurred more than 180 days before the date you make the inquiry. This fee will be waived if we determine that an error occurred.
 
Service Hours
 
Mobile Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to Mobile Banking. Our Call Centers are available from 8:00 a.m. to 4:00 p.m. CT Monday, Tuesday and Thursday and 8:00 to 3:00 CT on Wednesday and 8:00 to 5:00 CT on Friday. You may also write us at:
Highland Federal Savings and Loan Association
Attn:  Mobile Banking
106 S. Main St.
Crossville, TN  38555
 
Business Days
 
For Mobile Banking services, our business days are Monday through Friday, excluding bank holidays.
 
Participation By Payees
 

Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Mobile Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the service. You should not use the service to make:

  • Tax payments
  • Court-ordered payments
  • Payments to settle securities
Canceling Your Online Banking
 
If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. Highland Federal Savings and Loan Association will cancel any scheduled payments within two (2) bank business days from the date we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Online Banking service will end, and any unprocessed payments will be canceled. If you cancel your Online Banking services, Transfers within Highland Federal Savings and Loan Association, and also any scheduled Bill Payments, will be canceled.
 
Joint Accounts
 
When your Mobile Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.
 
Changes to Agreement
 
We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your Mobile Banking after the effective date of a change, you indicate your agreement to the change.
 
Cancellation
 
Your Mobile Banking remains in effect until it is terminated by you or Highland Federal Savings and Loan Association. You may cancel your service at any time by notifying us of your intent to cancel in writing, through Mobile Banking secure mail, or by calling Mobile Banking customer service at 1-931-484-6178. This cancellation applies to your Mobile Banking services, and does not terminate your Highland Federal Savings and Loan Association deposit or credit accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.
 
We may terminate your participation in Mobile Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.
 
Use of External Email Address
 
With Mobile Banking services we may send messages to your external email address and notify you that a response to your payment inquiries or customer service inquiries is available, or as otherwise described within the Mobile Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use Mobile Banking secure mail to send instructions to Highland Federal Savings and Loan Association. If, for any reason your external email address changes or becomes disabled, please contact Highland Federal Savings and Loan Association immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external email address through the Customer Service tab within your Mobile Banking service.
 
Transfers From Money Market Deposit Accounts
 
Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers, or Mobile Banking transfers or payments from a savings or money market deposit account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle). If checks or debit cards are allowed on the account, no more than three of the six (6) transfers may be made by debit card purchase, check or similar order. If you exceed these limits on more than an occasional basis, we may convert your account to another type of account and your account may no longer earn interest.
 
Each transfer or payment through the Mobile Banking services from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you do not use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.
 
Contact by HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATION or Affiliated Parties
 
No Highland Federal Savings and Loan Association or Payee employee, nor any company affiliated with Highland Federal Savings and Loan Association Mobile Banking will contact you via email or phone requesting your mobile ID or mobile passcode. If you are contacted by anyone requesting this information, please contact us immediately.
 
Reporting Unauthorized Transactions
 
For accounts:  If you are calling from outside of the continental U.S., call us collect at: 1-931-484-6178
 
Disclosure of Account Information
 
We may disclose information to third parties about you or your transactions in the following instances:
  • When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
  • To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
  • If you give us your permission
  • With our affiliates as permitted under Federal and applicable state laws
  • On a closed account, if we reasonably believe you have mishandled it
 
Account Statements
 
We report your Mobile Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement.
 
Limitation of Liability for Mobile Banking Transactions
 
Tell us at once if you believe your Mobile Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Mobile Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.
 
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
 
When you give someone your Mobile Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that a person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
 
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
 
For your protection, sign off after every Mobile Banking session.
 
Our Liability for Failure to Complete Transactions
 

If we do not complete a transaction to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

  • If, through no fault of ours, you don't have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer
  • If Mobile Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
  • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
  • If there are postal delays or processing delays by the Payee
 
There may be other exceptions not specifically mentioned.
 
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Remote Deposit Capture User Agreement (“Agreement”)
 
This Agreement contains the terms and conditions for the use of Highland Federal Savings and Loan Association (“us,” or “we”) Mobile Check Deposit and/or other remote deposit capture services that we or our affiliates may provide to you (“you,” or “User”). Other agreements you have entered into with Highland Federal Savings and Loan Association, including Account Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your Highland Federal Savings and Loan Association account, are incorporated by reference and made a part of this Agreement. Subject to the terms and conditions herein, You subscribe to, and We agree to provide access to Remote Deposit Capture (RDC) services.  We retain the right to approve or deny RDC services to you at our discretion.  If you are approved for RDC services, then by using such services you agree to abide by the provisions of this Agreement.  You also agree that you understand the terms and provisions of this agreement.  In the event the RDC service is unavailable, you may deposit checks at either of our physical branches at 106 S. Main Street, in Crossville, TN or at 126 Stonehenge Drive, Suite 113 in Fairfield Glade, Crossville, TN.
 
1.   Services. The mobile check deposit services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from your smartphone by taking a picture of the check(s) and delivering the images and associated deposit information to Highland Federal Savings and Loan Association or Highland Federal Savings and Loan Association’s designated processor. Such deposits are subject to a daily dollar limit of $5,000.00 per account per day and a limit of 3 items per account per day. There is currently no charge for the Services.
 
2.   Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Highland Federal Savings and Loan Association reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
 
3.   Limitations of Service. When using the Services, you may experience technical or other difficulties.  We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
 
4.   Eligible items. You agree to deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Highland Federal Savings and Loan Association shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use the Services to deposit any checks or other items as shown below:
  • Checks or items payable to any person or entity other than you.
  • Checks or items drawn on and deposited into the same account..
  • Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
  • Checks or items previously converted to a substitute check, as defined in Reg CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items that are remotely created checks, as defined in Reg CC.
  • Checks or items not payable in United States currency.
  • Checks or items dated more than 90 days months prior to the date of deposit.
  • Checks or items prohibited by Highland Federal Savings and Loan Association’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Highland Federal Savings and Loan Association account.
Should a check you deposit via RDC be returned to us by the drawee bank, then your account will be charged just as it would for the return on a paper check deposit. We may either return the item to you or re-present it for payment.   Attempted mobile deposits of this nature may result in revocation of Mobile Deposit privileges. 
 
5.   Image Quality. The image of an item transmitted to Highland Federal Savings and Loan Association using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. Electronic check images must be of sufficient quality for us to determine:
  • The amount of the check;
  • The check number;
  • The date of the check;
  • The payee of the check;
  • The signature of the person who wrote the check;
  • The preprinted information for the drawer and the paying bank, including the MICR line; and
  • The endorsement applied to the back of the check.
 
6.   Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For Mobile Deposit only to Account #______” or as otherwise instructed by Highland Federal Savings and Loan Association  You agree to follow any and all other procedures and instructions for use of the Services as Highland Federal Savings and Loan Association may establish from time to time.
 
7.   Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Highland Federal Savings and Loan Association that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
 

8.   Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Highland Federal Savings and Loan Association receives payment for the funds submitted. Highland Federal Savings and Loan Association may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Highland Federal Savings and Loan Association, in its sole discretion, deems relevant.  It is our policy to make funds available from RDC deposits on the next business day after the funds are deposited (subject to a 1:30 PM cutoff time).  Funds deposited using RDC will not be considered received by us until an image is received which meets all our requirements for an RDC item, including those required to create a substitute check.  

Once RDC funds are made available, they may be used to pay items drawn against your account or to withdraw in cash.  For determining availability, every day is a business except Saturday, Sunday and Federal Holidays.  For an RDC deposit to be counted as being made on a certain day, it must be made before 1:30 PM on that day (the cutoff).  Deposits made after the cutoff will be considered made on the next business day.
In some cases we will not make all of the funds you deposit via RDC available on the next business day.  Delays may be due to system malfunctions, weather, or even problems with the type of item being deposited.  If we are unable to process your item, or if there will be a longer delay, we will attempt to contact you to inform you of the delay and to tell you when funds may be available.

You agree that we may, in our sole discretion, amend the list of Prohibited Checks from time to time. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) the Bank may incur associated with any warranty, indemnity or other claim related thereto.

 
9.   Disposal of Transmitted Items. Upon your receipt of a confirmation from Highland Federal Savings and Loan Association that we have received the image of an item, and the lapse of no less than 10 calendar days, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not re-presented for payment. And, you agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Highland Federal Savings and Loan Association as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Highland Federal Savings and Loan Association’s audit purposes. You hereby indemnify and hold Highland Federal harmless from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind, and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in connection with or resulting wholly or partially from, the retention and destruction of original checks by you.
 
10. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
 
11. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Highland Federal Savings and Loan Association from time to time. See www.highlandfederal.com for current hardware and software specifications. Highland Federal Savings and Loan Association is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
 
12. Errors. You agree to notify Highland Federal Savings and Loan Association of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Highland Federal Savings and Loan account statement is sent. Unless you notify Highland Federal Savings and Loan Association within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Highland Federal Savings and Loan Association for such alleged error.
 
13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Highland Federal Savings and Loan’s sole discretion subject to the Account Agreement and Disclosures governing your account.
 
14. Ownership & License. You agree that Highland Federal Savings and Loan Association retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to Highland Federal Savings and Loan’s business interest, or (iii) to Highland Federal Savings and Loan’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
 
15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
 
16. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE  LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF HIGHLAND FEDERAL SAVINGS AND LOAN ASSOCIATIONHAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
 
17. User warranties and indemnification. You warrant to Highland Federal Savings and Loan Association that:
  • You will only transmit eligible items.
  • Images will meet the image quality standards.
  • You will not transmit duplicate items.
  • You will not deposit or re-present the original item.
  • All information you provide to Highland Federal Savings and Loan is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless Highland Federal Savings and Loan Association from any loss for breach of this warranty provision.
 
18. Other terms. You may not assign this Agreement. This Agreement is entered into in Crossville, Tennessee, and shall be governed by the laws of the State of Tennessee and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
 
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E-SIGN Consent Agreement (Done on your Mobile Device)
 
This E-SIGN Consent Agreement allows us to provide you with electronic versions of disclosures and other documents associated with your Highland Federal account.  Your E-Sign consent allows us to provide you with electronic versions of documents instead of paper or written versions.  You may also request a paper version of any of the disclosures or documents you view electronically.  
 
Definitions
“We,” “our,”
and “us” means Highland Federal.
“You” and “your” means the account owner, signatory, or other user of the account.
“Access Device” means the electronic device used to access your account.
 
Scope
This Agreement applies to all disclosures, notices, and terms and conditions related to your account at Highland Federal.  Your consent will remain effective until expressly withdrawn by you. Your consent does not mean that we must provide documents electronically but that we may provide some or all documents electronically.
 
Electronic Delivery
Electronic documents will be delivered to your mobile device and will display on the screen.  You may be asked to read and accept or acknowledge the contents of the document to continue using the application.  
 
Requesting Paper Copies
You agree and understand that paper versions of electronically presented documents may not be mailed unless you specifically request it. To request a paper copy of any document you may have received from us electronically, please contact us at (931) 484-6178 during our business hours.  Paper copies of disclosures will be mailed to you at no charge.
 
System Requirements
By consenting to this agreement, you confirm that your Access Device meets the minimum specifications and requirements necessary to view and retain your electronic documents.  To access electronic documents on a mobile device, you will need:
  • A mobile device using one of the following operating systems: Android or iOS (iPhone).
  • A data plan provided by your cell phone provider or a wi-fi signal for Internet access.
  • An updated internet browser that is compatible with your operating system.
  • A printer (if you wish to print out any documents received electronically.)
 
Changes to System Requirements
You will be notified if our hardware or software requirements change and if that change creates a possibility that you will not be able to use Mobile Banking or access your electronic documents.  Acceptance of a system change message after receiving notice of the change affirms your continued consent to this Agreement
 
Maintaining a Valid Email Address
Maintaining a valid email address is important in order to continue receiving up to date information from us regarding your account. You agree to maintain a valid email address and also to notify us of any change to your email address. You may update your email address within Internet Banking, or by calling us at (931) 484-6178.
 
Withdrawal of Consent
You may withdraw your consent to this Agreement at any time.  To withdraw your consent prior to completing your sign up, simply exit this session without accepting this Agreement. To withdraw your consent after you have already begun using Mobile Banking, please call us at (931) 484-6178.  If you withdraw your consent to this Agreement then you will no longer receive the electronic delivery of any documents on your mobile device.
 
Multiple Access Devices
Your acceptance of this agreement on one Access Device constitutes your acceptance on all Access Devices you may use. If you view and accept this agreement on a mobile device, the terms of this Agreement will apply to other access devices you may use and any electronic documents you may access with those devices.  Additionally, by viewing and accepting this agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices, it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the new Access Device. Please contact us at 931-484-6178 if you have difficulties viewing electronic documents on your Access Device.
 
Acceptance
You will be asked to acknowledge your acceptance of these terms by clicking the box labeled “Accept” before you will be able to continue using Mobile Banking.  In doing so you confirm that:
  • you have an active and valid email address.
  • you have demonstrated your ability to receive, retain, and view electronic documents as needed on your Access Device, and
  • you meet the system requirements described above.
 
Reg E Disclosure:  Mobile Banking: Types of Transfers; Limitations
Mobile Banking may be used to deposit a check electronically using a smartphone or other compatible device.  The daily cut-off for Mobile Banking deposits is 1:30 PM Central Time.  Customers are limited to a total deposit amount of $5,000 per day, per account, and a total item count of 3 items per day, per account.  Checks may be rejected if they are Non-Negotiable, Altered, Foreign, Incomplete, Improperly Endorsed, or Stale Dated.
 
Checks deposited Monday - Friday before 1:30 PM will be credited to your account on the next business day.  Deposits made on legal holidays, weekends and after 1:30 PM on other days will be credited to your account within 2 business days.  Business days are Monday thru Friday.
 
Mobile deposit of checks drawn on and deposited into the same account is PROHIBITED.  Attempted mobile deposits of this nature may result in revocation of Mobile Deposit privileges.
 
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