Remote Deposit Capture User Agreement ("Agreement"):

This Agreement contains the terms and conditions for the use of Walden Savings Bank's ("WSB", "us," or "we") Mobile Check Deposit and/or other remote deposit capture services that we provide to you ("you," or "User"). Other agreements you have entered into with WSB, including the Terms and Conditions of your Account Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your WSB account, are incorporated by reference and made a part of this Agreement.

1. Services. The mobile check deposit services ("Services") are designed to allow you to make deposits to your checking or savings accounts from your smartphone or tablet by taking a picture of the check(s) and delivering the images and associated deposit information to WSB or WSB's designated processor. 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, WSB 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. Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of this Service. Any fee that is charged will be disclosed prior to your deposit. WSB may change the fees for the use of the Service at any time pursuant to the section titled "Acceptance of these Terms," above. You authorize WSB to deduct any such fees from any WSB account in your name.
5. 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 WSB shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in New York.
6. Unacceptable Items for Deposit. You agree that you will not use the Services to deposit any checks or other items as shown below:
   1. Checks or items payable to any person or entity other than you. (For example, an item made payable to another party, then endorsed by you.)
   2. 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.
   3. Checks payable on sight or payable through Drafts, as defined in Reg. CC.
   4. Checks or items previously converted to a substitute check, as defined in Reg. CC.
   5. Checks or items drawn on a financial institution located outside the United States.
   6. Checks or items that are remotely created checks, as defined in Reg. CC.
   7. Checks or items not payable in United States currency.
   8. Checks or items dated more than 6 months prior to the date of deposit.
   9. Checks or items dated more than one day later than the date of the deposit.
   10. Checks or items prohibited by WSB's current procedures relating to the Services or which are otherwise not acceptable under the terms of your WSB account.
7. Image Quality. The image of an item transmitted to WSB using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
8. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as "WSB Mobile Deposit" or as otherwise instructed by WSB. You agree to follow any and all other procedures and instructions for use of the Services as WSB may establish from time to time.
9. Receipt of Items. We reserve the right, within our sole and absolute discretion, to reject any item transmitted through the Services for remote deposit into your account, 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 WSB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete. You understand and agree that even if we do not initially reject an item you deposit through the Services, we may ask you to provide the original item, because, among other reasons, the paying bank deems the electronic image illegible. You understand that any amount credited to your account for items deposited using the Services is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check.
10. Fees Related to Rejection of Deposit. WSB is not liable for any fees, service, or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned.
11. Items Returned Unpaid. A written notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that you transmit to us for remote deposit that we credit to your account, in the event such item is dishonored, you authorize us to debit the amount of such item from your account, including any applicable fees.
12. Availability of Funds. Checks deposited using this Service will be available on the second business day after WSB receives the deposit. Our policy is to make the first $225.00 from a domestic check available on the first business day after the day of the deposit. The remaining funds will be available on the second business day after the day of the deposit. 
    Longer Delays May Apply
    Funds deposited by check may be delayed for a longer period under the following circumstances.
    
    1. We believe a check deposited will not be paid.
    2. There is an emergency, such as failure of computer or communications equipment
    We will notify you if we delay your ability to withdraw funds for any reason and we will tell you when the Funds will be available. They will generally be available no later than the sixth business day after the day of the deposit.
13. Disposal of Transmitted Items. Upon your receipt of a confirmation from WSB that we have received the image of an item, you agree to properly dispose of the item after 30 days to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to WSB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for WSB's audit purposes.
14. 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. Daily limits are $5,000, 7-Day Limits are $10,000, and the 30-Day Limits are $25,000.
15. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by WSB from time to time. WSB 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.
16. Errors. You agree to notify WSB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable WSB account statement is sent. Unless you notify WSB 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 WSB for such alleged error.
17. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in WSB's sole discretion subject to the Account Agreement and Disclosures governing your account.
18. Ownership & License. You agree that WSB 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 WSB's business interest, or (iii) to WSB'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.
19. 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.
20. 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 WSB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
21. User Warranties. You warrant to WSB:
    1. You will only transmit eligible items.
    2. Images will meet the image quality standards of the Federal Reserve.
    3. You will not transmit duplicate items.
    4. You will not deposit or represent the original item.
    5. Each check you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer's account to be debited twice.
    6. Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check.
    7. You will not use the Services and/or your accounts for any illegal activity or transactions.
    8. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse effect on our network, data, or related systems.
    9. All information you provide to WSB is accurate and true.
    10. You are not aware of any factor which may impair the collectability of any item.
    11. You have not knowingly failed to communicate any material information to us.
22. Compliance with Laws. You agree to comply with all laws, statutes, regulations, and ordinances pertaining to your use of the Services, as well as all laws relating to the banking transactions contemplated hereunder. You also agree to be bound by any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which we are a party that govern the Services we provide.
23. User's Indemnification Obligation. You understand and agree that you are required to indemnify WSB and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney's fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand that this paragraph shall survive termination of this Agreement.
24. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of the Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
25. Force Majeure. You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from any delay in the Services due to circumstances or causes beyond our reasonable control.
26. Assignment. You may not assign this Agreement.
27. Governing Law and Jurisdiction. This Agreement is entered into in Montgomery, New York, and shall be governed by the laws of the State of New York and of the United States. You also agree to submit to the personal jurisdiction of the courts of the State of New York.