Last Modified: 2/15/2021

Important Information About Procedures for Opening a New Account

Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, as well as to protect you from Identity Theft, federal law requires all financial institutions to obtain, verify, and record information that identities each person who opens an account. This means that we will require you to provide, and we will verify, certain information about you when opening an account, in accordance with the requirements of the USA Patriot Act and the Bank Secrecy Act. This may include producing a government-issued picture ID. We may also ask for picture ID, passwords, PINs, or other means of identification and authentication whenever you initiate any transaction with us. We may refuse to open any account or to grant any request if you fail to provide adequate identifying or authenticating information, or we have a good faith cause to believe that you are not the person you are purporting to be or are otherwise not authorized to open the account or initiate the transaction, and we will not be liable for any loss or expense you may incur due to our refusal. For identification purposes, we may also require you to provide your fingerprints at the time of account opening or at the time you negotiate certain checks.

You will also be required to provide a taxpayer identification number (TIN) or social security number, to be used for this purpose and for subsequent regulatory reporting. We may also request from time to time, and you agree to provide, additional documentation depending on the type of account or service requested. Failure to furnish a correct TIN or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, we may refuse or suspend opening your account.

This agreement covers the rights and responsibilities of both parties concerning accounts we offer. In this agreement, the words "you" and "yours" mean anyone who signs a membership or account application, account update or similar document. The words "we," "us," and "our" mean Hiway Credit Union® ("Hiway"). The word "account" means any one or more share or other accounts you have with us. The word "savings" means any share account you have with us. The word "checking" means any share draft account you have with us. The word, "party" means a person who, under the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an agent. A Payable on Death (POD) payee is a party only after the account becomes payable when the payee survives the original party. Unless the context otherwise requires, it includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless the beneficiary has a present right of withdrawal.

This Agreement explains the rules governing your membership and accounts with us. It is supplemented by the other agreements that you enter into when you open your accounts, such as the Funds Availability Policy and the Electronic Funds Transfer Disclosures, and others. All your agreements and transactions with us are also governed by various applicable federal and state laws and regulations. It is the intent of this Agreement to provide disclosures that we are required by law to give you; to vary by agreement certain aspects of certain transactions that are permitted by law to be varied; and to establish terms and conditions of certain transactions that are not governed by any particular law or regulation.

By signing the membership application and/or by continuing to use the accounts and services provided by us, each of you, jointly and severally, agree to the terms and conditions in this Agreement, Membership Application, Privacy Policy, Rates Schedule and Service Fee Schedule; any account or certificate receipt or similar document; our Bylaws and policies; and any amendments to these documents from time to time which collectively govern your accounts. All such documents are hereby incorporated by reference as if fully set forth herein.

Suspension of Electronic Services
Suspension of electronic services and access to share or deposit accounts. Subject to applicable law, we may suspend some or all electronic services, ATM/debit cards and access to your checking or other account(s) if you become delinquent on any of your loan or deposit obligations to us or you cause a loss to us. We shall not be liable to you in any regard in connection with such suspension of services.
Applying for Membership and Opening Accounts

Membership Eligibility; Application; Credit Report. To open accounts at Hiway, you must qualify under our approved field of membership and otherwise meet the membership requirements. This includes an initial deposit of an amount equal to one share in Hiway, which amount is set forth on the Service Fee Schedule, and maintaining at least that amount, in your primary savings account or other qualifying account. Your membership will terminate if you close this account. You agree to complete a membership application and you authorize us to check your account, credit, and employment history, and obtain reports from third parties (including credit reporting agencies) periodically to verify your eligibility for membership and the accounts and services you request.

Hiway is owned and controlled by its members. You become an owner by meeting the membership eligibility requirements and by depositing the required shares. Upon qualifying as a member and remaining in good standing, you have certain rights as governed by this Agreement, our Bylaws, and applicable law, including the right to apply for our services and accounts and to vote in elections. You are entitled to one vote regardless of the number of shares you own. Shares may be issued in the name of an individual, jointly, or in other ways (e.g. in trust, or in the name of a minor) in accordance with our Bylaws and policies.

Consensual Pledge of Shares; Security Interest; Consensual Lien; Statutory Lien; Right to Set-off; Administrative Freeze. By signing the Membership Application or any other deposit or loan agreement or similar document granting a pledge or security interest in your shares, and/or by accessing, using, or otherwise accepting any funds, accounts or services, you grant Hiway, and we impress, a lien on your shares in Hiway. You also grant Hiway a security interest in such accounts to secure payment of any deposit obligations you owe (e.g., overdrafts, fees, etc.) and any loan or credit card obligations you owe, as well as any expenses we incur in connection with your accounts and services, including reasonable attorney's fees. You acknowledge and agree that we also have similar statutory lien rights in your shares under the Federal Credit Union Act and/or applicable state law, as well as the common law right to set-off and administrative freeze.

"Shares" and "share accounts" means any and all funds, regardless of the source of those funds, in any joint or individual share savings account(s), share draft account(s), club, certificate, POD, revocable trust or custodial account(s) or any other account whether jointly or individually held and whether your obligation under the account(s) is direct, indirect, contingent or secondary and whether held now or in the future. Your pledge and our lien rights do not include any IRA or other account which would lose special tax treatment if pledged, or any irrevocable trust or fiduciary account in which you do not have vested ownership interest.

You understand and agree that these rights allow us to apply the funds in your share accounts to any obligations owed to us if you default or fail to pay or satisfy any obligation to us, and we can do so without any legal process, court proceeding or any notice to any owner of the share accounts affected hereunder or otherwise in this Agreement, unless applicable law so requires. You specifically agree that we have the right to place an administrative freeze on any of your share accounts subject to applicable law, and such action shall not violate 11 USC 362 or other applicable law. You understand that these rights are multiple and we can exercise one or all of them pursuant to applicable law. Exercising one right does not waive the right to exercise others. Any payment to any joint owner, beneficiary, or other party for any reason shall be subject to our security interest, consensual lien, and right to set-off.

Cross-Collateralization

CROSS-COLLATERALIZATION: Property and/or shares given as security under any deposit, loan, or credit card accounts or services you have with Hiway will secure any and all obligations under such accounts or services as well as any account owner's joint or individual obligations to us, now or in the future, whether direct, indirect, contingent or secondary and arising from any loan or credit agreement, insufficient fund items; fees; cost, expenses, reasonable attorney's fees, or otherwise. This clause does not apply if such property is your primary residence, or are non-purchase money household goods.

CREDIT CARD ACCOUNTS: IF YOU HAVE A CREDIT CARD ACCOUNT WITH HIWAY, YOU SPECIALLY AGREE THAT THE SECURITY INTEREST, CONSENSUAL LIEN, AND CROSS-COLLATERALIZATION CLAUSES ALSO APPLY TO THAT CREDIT CARD AND THAT GRANTING THESE RIGHTS TO US IS A CONDITION OF OBTAINING THE CREDIT CARD ACCOUNT.

Types and Ownership of Accounts

We offer a variety of deposit and transaction accounts for which you may apply, including savings, checking, and money market accounts which have no particular term or maturity date associated with them; and certificate accounts, which must be maintained for a particular amount of time. Requirements of the accounts such as term, minimum opening deposit or minimum balance requirements, fees, and penalties are set forth in detail in your other documents such as the Truth-in-Savings Disclosure; Rates Schedule; Service Fee Schedule; certificate receipt; this Agreement; and other agreements that you may have with us. Ownership of the accounts may be held in a number of ways, such as individually, jointly, in trust, etc. Your account type(s) and ownership features are designated at the time you open the account.

Not all accounts or services may be offered at any given time. We may occasionally offer enhancements or additional benefits to certain accounts or services such as purchase awards or travel accident insurance or other features at no additional cost to you. These features are offered solely at our discretion and can be changed or discontinued at any time with no prior notice to you.

The following describes the types of accounts that are generally available at Hiway. All accounts may not be offered or available at any given time.

Savings, Checking and Money Market Accounts. You may open and close one or more share or savings accounts, checking accounts, or money market accounts, and may periodically deposit and withdraw funds from those accounts via access methods made available to you from time to time, including, but not limited to, checks, ATM Cards; debit cards; telephone; in person; on-line banking; and electronic funds transfers ("EFTs") such as ACH, direct deposit, wire transfers, or preauthorized transfers. All transactions are subject to and in accordance with this Agreement and all other agreements you have with us, including, but not limited to, the Funds Availability Policy; Truth-in-Savings Disclosure; Rates Schedule; Service Fee Schedule; Courtesy Pay Agreement; EFT Agreement and Disclosures; and Wire Transfer Agreement.

Certificate Accounts: Certificate accounts have stated maturity dates, and funds in those accounts are subject to penalty if withdrawn prior to the maturity date. Exact terms of the particular account such as maturity date, Annual Percentage Yield (APY), early withdrawal penalty fees, whether the account automatically renews; and other information will be provided at the time you open the account.

IRA and Coverdell Education Savings Accounts (CESA). IRA accounts are individual retirement accounts and CESA accounts are used to save for your child's college education. These accounts may be in the form of share certificates or other type of account. There may be restrictions on contributions, withdrawals, and other features of the accounts according to Federal law and guidelines. Funds may be tax deductible and/or tax-deferred. We do not provide tax advice; you should consult with a qualified tax advisor regarding any funds you may have in these accounts. You may be required to sign a separate agreement upon opening these accounts.

Dividend-Bearing Accounts. Some of the accounts available earn dividends while others do not. If the account is a dividend-bearing account, disclosures and terms regarding accrual, crediting, and compounding will be provided in the Rates Schedule or similar document at the time you open your account. The following describes the types of ownership by which an account may be held.

Individual Accounts. An individual or single-party account is an account owned by one person, including an individual, corporation, trust, or other organization qualified for Hiway membership. If the account owner dies, the owner's interest passes, subject to applicable law, to the decedent's estate or Payable on Death (POD) beneficiary or trust beneficiary, subject to other provisions of this Agreement and applicable law.

Joint or Multiple Party Accounts. An account owned by two or more persons is a multiple party account. Designating Joint Tenant(s) will create joint tenancy ownership rights with rights of survivorship on all accounts, excluding funds in IRA accounts, certificates, initial $5.00 share and loans (unless a co-applicant). This means that you intend and agree that the balance in the account, upon the death of any party to the account, shall belong to the surviving owner(s). A surviving owner's interest is subject to our statutory lien rights, consensual lien rights, the right of set-off, and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it.

We reserve the right to require all owners to sign the Membership Application. Any and each owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer funds into or out of the account, block or terminate any service or access device, or pledge to us all or any part of the shares without the consent or knowledge of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may act on any or none of the instructions or, alternatively, we may suspend or terminate the account and require a court order or written consent from all owners to act. Only the primary member may make changes to the ownership of the membership.

Ownership rights and disputes involving the funds in your accounts are subject to your Agreements with us, and applicable state or federal law. We shall not be liable to any owner if we in good faith act upon a valid court order from a court of competent jurisdiction. We will also not be liable if we in good faith refuse to act upon a court order or any instruction from any owner. All owners will be jointly and severally liable for any and all expenses, fees and costs, including reasonable attorney's fees, that we incur, in connection with any dispute regarding the account, regardless of whether the dispute is initiated by an owner or third party. By signing the Membership Application, each of you authorizes us to take these expenses from any of your account(s) without prior notice to you.

If a deposited item in a multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a transaction, all owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any fees or expenses that we incur, including reasonable attorney's fees, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of any owner or against all funds in the multiple party account regardless of who contributed them and to what extent.

Revocable Trust or Payable on Death (POD) Accounts. If two or more parties create these account types, the account is payable to the owner(s) during their lifetimes and, when the last account owner dies, is payable to any named, living POD beneficiary. If two or more beneficiaries are named and survive the death of all persons creating the account, beneficiaries will own this account in equal shares, without right of survivorship. Any POD beneficiary designation shall not apply to Individual Retirement Accounts (IRAs), which accounts are governed by a separate account agreement and beneficiary designation. We are not obligated to notify any beneficiary of the existence of any account or the vesting of the beneficiary interest in any account, except as otherwise provided by law. Only the primary member may change any beneficiary designation upon written notice to us, on a form approved by us.

Accounts for Minors. We reserve the right to require any account established by a minor to be a multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or other amounts owing on such account. We may require the minor to sign the Membership Application if they are so capable; otherwise, a parent or legal guardian/adult shall sign the Membership Application on behalf of the minor, as well as in their own capacity. We may pay funds directly to the minor without regard to their age. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction.

Uniform Transfers to Minors Account (UTMA). An account established under the Uniform Transfers to Minors Act (UTMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The account is governed by the UTMA law adopted in the state in which the account is held. The minor to whom the gift is made is the beneficiary of the custodial property in the account and as such, the funds in the account belong to the minor. The custodian has possession and control of the account for the exclusive right and benefit of the minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals, or close the account. We have no duty to inquire or investigate regarding the use or purpose of any transaction or the propriety or impropriety of any action taken by the custodian. If the custodian dies, we may place an administrative freeze on the account, until we receive instructions from any person authorized by law to withdraw funds or a valid court order authorizing withdrawal. Any successor custodian must provide us with, and complete all, written documentation to our satisfaction that authorizes such custodian to act legally on behalf of the minor and ensuring that all applicable laws have been followed. When the beneficiary reaches the age of majority, the custodian is responsible to transfer the funds over to the child, and no further deposits should be made. We will not be liable for any disputes arising from withdrawal at the time the minor reaches the age of majority. The account will otherwise terminate and be distributed in accordance with applicable law. For UTMA accounts, the child's SSN/TIN is used for the Backup Withholding Certification. The custodian or the minor must qualify for membership at time of account opening.

Fiduciary Accounts. We may open accounts pursuant to any court order, trust agreement, or similar authority in accordance with your desire to establish an account for a trust, probate, custodial, or other fiduciary purpose. Because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. The person acting as agent, guardian, custodian, personal representative, trustee or other fiduciary capacity shall be designated as such on the Membership Application. Such designation is an instruction to us that the account owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. For those accounts, the designated representative listed on the application is the Attorney in Fact to deposit or withdraw funds held in the designated accounts. The agent has no ownership interest in the account(s) or voting rights in Hiway. We have no duty to inquire or investigate regarding the use or purpose of any transaction or the propriety or impropriety of any action taken by the designated representative.

If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection.

Transfers or Deposits to Your Accounts

Deposit and Collection of Items. You may make deposits to any account, in any manner approved by us including, but not limited to, in person, by mail, by electronic transfer, direct deposit, or any other method made available, such as by night deposit box or Automated Teller Machine (ATM). We are not responsible for any deposit made by mail or through a depository not staffed by us until we actually receive the item. If a check, draft or other item that is payable to two or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. All transactions are subject to our Funds Availability Policy and related applicable laws.

Direct Deposits. We may offer preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize each direct deposit or preauthorized transfer with the company that is initiating the direct deposit or automatic transfer. Upon a bankruptcy filing, unless you cancel an authorization previously authorized with the company that’s initiating the direct deposit or transfer, we will continue making direct deposits or transfers to your account. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law.

Crediting of Deposits. Deposits made after the deposit cutoff time and deposits made on either holidays or days that are not our business days will be credited to your account on the next business day.

Liability. In receiving and processing items for deposit or collection, we act only as your collection agent and we assume no responsibility beyond our obligations of good faith and ordinary care. We exercise ordinary care if our actions or inactions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area we serve. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection and any items and their proceeds will be handled in accordance with applicable Federal Reserve and Clearing House rules and other applicable law.

If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your negligence or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential or special damages, except liability for wrongful dishonor. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict will be resolved by reference to this Agreement.

Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts even if they are not endorsed by all payees. If you fail to properly indorse an item, you authorize us to supply any missing endorsement, but we are not required to do so. We may require that certain government checks, insurance company items, or other check or draft be personally indorsed by each and all payees. Endorsements must be made on the back of the share draft or check within 1 1/2 inches from the trailing edge, although we may accept endorsements outside this space. You agree to reimburse us for any loss or expense we incur resulting from an irregular endorsement or other markings by you or any prior endorser.

Restrictive Legends or Endorsements. We are not required to honor any restrictive legend or restrictive endorsement on checks you write without our knowledge or written approval. Examples of restrictive legends are “must be presented within 60 days” or “valid up to $1,500.00.” An example of a restrictive endorsement is, “for deposit only”.

Charge-back; Right to Set-off. All items including checks, Automated Clearing House (ACH) transfers or other transfers credited to your account are provisional until we receive final payment. We may charge-back, or debit, your account for the amount of such items under the following circumstances: (1) if final payment is not received; or (2) if, within the normal handling period for such item, the item cannot be honored against the drawer's account; or (3) if a deposited item is returned to us by the financial institution on which it is drawn, even if that financial institution failed to return the item before its midnight deadline; or (4) any other circumstances allowed by law. We may charge-back your account regardless of whether the other financial institution returned the item before its midnight deadline. You further authorize us to pursue collection of previously dishonored items, and you acknowledge that this may permit the payor bank to hold an item beyond the midnight deadline. When charging-back your account, we may also charge your account with a return item charge and any collection fees or expenses, including reasonable attorney's fees. You acknowledge and agree that we may charge-back your account even if it causes your account to have insufficient funds, and you agree to replenish the funds in your account and to pay any and all overdraft, return, or non-sufficient funds fees and charges. You specifically agree that we may exercise our security interest and right to set-off against any other deposit accounts that you have with us to recover any of these amounts.

Foreign banks. We reserve the right to refuse or return any item or funds transfer. Items drawn on an institution located outside the United States are handled on a collection basis only.

Waiver of notice. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account.

Transfers or Withdrawals From Your Accounts

Account Access; Honoring Items; Limitations. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., by writing a check; using an ATM or debit card at point-of-sale or at an automated teller machine; in person; by mail; by automatic or preauthorized transfer, ACH, wire transfer or other electronic transfer; by telephone or on-line banking or bill pay services, or other means made available to you). If the transaction request is made by remote means such as telephone, we are not responsible for any request or order that we believe to be genuine; we can also refuse to honor such request or order if we in good faith do not believe it to be genuine or have reason to doubt the identity or authentication of the requestor. Your ability to transfer funds from your account is always subject to having sufficient available funds in the account(s) and is subject to this and the other Agreements you have with us, including, but not limited to, the Funds Availability Policy. You understand that “Available balance” is different than “Actual Balance”. Actual Balance is the balance that includes cleared posted transactions. Available Balance is the Actual Balance minus any pending items such as checks that have not yet cleared or authorization holds when you use your debit card. If you do not have a sufficient Available Balance, we may reject your ability to transfer or withdraw funds or may not honor your transactions. You authorize us to honor transactions initiated by a third person to whom you have given your account number even if you do not authorize a particular transaction. If there are sufficient funds to cover some, but not all of your withdrawal, we may allow those withdrawals for which there are sufficient funds in any order at our discretion.

The law permits us to pay items drawn on your account in any order, even if the order in which we pay items causes an overdraft. We may honor any item or instruction even if it creates an overdraft or negative balance in your account or if it violates any minimum balance requirement or other requirements of the account, in which case you agree to pay all fees, penalties or other charges imposed on you as well as costs incurred by us. We may return as unpaid any item drawn on a form we do not provide or approve, and you are responsible for any loss we incur handling such an item.

To process certain electronic transactions, we may place a temporary hold on your funds which may be for 36 hours or more. We have no control over the other parties to the transactions or the commercial networks used in facilitating the transactions. It is your responsibility to make sure you have sufficient funds in your accounts to cover all transactions, regardless of when those transactions may clear.

For share savings and money market accounts, you may make up to six (6) preauthorized, automatic, telephonic, electronic, or audio response transfers to another account of yours or to a third party during any calendar month. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearing house (ACH). We may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend or close your account. You may make unlimited transfers to any of your loan accounts that you have with us.

We may refuse to allow a withdrawal in some situations, and will advise you accordingly. For example: (1) a legal garnishment or attachment is served; (2) the account secures any obligation to us; (3) required documentation has not been presented; (4) you fail to make payments on a loan that you have with us; or (5) any other reason allowed by applicable law. We may require you to give written notice up to sixty (60) days before any intended withdrawals.

Authorized Signature; Facsimile Signature Device; Forged Checks. Your signature on the Membership Application is your authorized signature for account access to and from your account(s). We are authorized to recognize this signature for the payment or transfer of funds, payment instructions, or other purposes relating to your account(s) but we may also allow transfers even without your signature. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. However, we are not required to check the signature for authenticity unless our internal policies and procedures require us to (e.g., if a check is written above a stated threshold amount), and you agree that failure to do so does not constitute failure on our part to exercise ordinary care. You may also authorize the use of a facsimile signature device and, if you have done so, we may honor any draft or other item that appears to bear your facsimile signature even if it was made by an unauthorized person, and we will not be liable for any issues arising from such honor. You are responsible for the use and safeguarding of the facsimile signature device, your checks, and your access codes and as such, you specifically agree that you are in the best position to determine whether your facsimile signature has been used without your consent, or a counterfeit facsimile signature device has been used, or your signature has been forged. Therefore you are required to make a good-faith effort to review any and all statements and items or checks returned to you or made available to you for any unauthorized use of your electronic, mechanical, or facsimile signature. We will not be liable if we honor an item that appears to be authorized by your signature, and you will reimburse us for any loss or costs (including reasonable attorney's fees) that we incur because the facsimile signature was used without your consent or because a counterfeit facsimile signature device was used. Nothing in this provision shall be construed to relieve us of our obligations to act in good faith and to exercise ordinary care.

Automated Processing of Items. You acknowledge and agree that we have adopted automated collection and payment procedures which are standard and reasonable in the industry. This allows us to process a large volume of items efficiently. However, these automated procedures rely primarily on information encoded onto each item in magnetic ink and does not provide for personal inspection of the item by our staff ("site examination"). You agree that in paying an item, we may disregard all information on the item except that which has been encoded onto the item in magnetic ink, such as identity of drawee bank and amount of the item, even if that information is inconsistent with other information printed or written on the item. You agree that we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for a sight examination of the item. You also agree to reimburse us for any loss or costs (including reasonable attorney's fees), that we incur because the item contained such extra information.

Stale and Post-Dated Items. We maintain the option to pay or dishonor any stale draft or check (i.e., more than six months old) upon presentation. You agree that we are not liable to you for charging your account before the indicated date on a properly payable but post-dated check unless you notify us that you have issued a postdated draft. The notice must be given to us in time so that we can notify our employees and reasonably act upon the notice, and it must provide the number of the check, its date, the name of the payee, the exact amount, and the account number on which it is drawn. You understand that the exact information is necessary for us to identify the draft. We are not responsible if you give us an incorrect or incomplete description, or untimely notice. You may make a verbal notice which lapses in fourteen (14) calendar days unless confirmed in writing. A written notice is effective for six (6) months and may be renewed in writing from time to time. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account which is presented more than six (6) months past its date.

Overdrafts. An overdraft occurs when, on any day, the funds in your account are not sufficient to cover drafts, fees or other items posted to your account, whether the transaction was made by check, electronically, or otherwise. Our determination of an insufficient account balance may be made at any time between presentation and our midnight deadline with only one review of the account required. We do not have to notify you if your account does not have funds to cover drafts, fees or other posted items. Whether the item is paid or returned, your account may be subject to a fee as set forth in the Service Fee Schedule. Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay a draft or impose a fee that would otherwise overdraw your account, you agree to pay the overdrawn amount within thirty (30) days as well as any expenses we incur in connection with your overdrawn account, including reasonable attorneys' fees as allowed by law.

Overdraft Protection Plan Agreement. If we have approved an overdraft protection plan for your account, we will honor drafts drawn on insufficient funds by transferring funds from another designated account under this Agreement or a loan account or credit card account, as you have directed, or as required under our overdraft protection policy. Your Share Savings account is set up as overdraft protection for your Checking Account unless you provide a written request to have this removed. The fee for overdraft transfers, if any, is set forth on the Service Fee Schedule. You will not have any overdraft protection if the designated account has insufficient funds to cover the transaction or if the loan or credit card account has insufficient credit available. If the protected account is a joint account, you acknowledge and agree that transactions causing overdrafts made by a joint owner will be paid under the overdraft protection plan even if the designated account or loan or credit card account is not jointly owned or jointly made. If there is any conflict between this provision and any provisions regarding overdrafts contained in an applicable loan agreement or credit card agreement, the loan agreement or credit card agreement shall govern.

Overdraft Courtesy Pay Agreement. Under our Courtesy Pay program, you have the option to authorize Hiway to pay overdrafts on your ATM transactions using your ATM or debit card and everyday debit card (point-of-sale) transactions. If you are in good standing with us and you have a Hiway ATM or debit card and make regular deposits sufficient to cover transactions, we may honor your overdrafts, up to $500 for checking accounts. Such amount also includes our standard Non- Sufficient Funds (NSF) fee. We may honor overdrafts at our sole discretion and charge you our NSF fee. If you have an overdraft protection plan, we will look to that plan for funds to cover overdrafts before we use the Courtesy Pay program. This Courtesy Pay program does not relieve you of your obligation to replenish the funds in your accounts and to pay all obligations owing to us, including overdrafts and related fees. You are considered to be in good standing if the following conditions are met: (1) you bring your account to a positive balance at least once every 30 days; (2) you are current on all loans and obligations; and (3) no past charge- offs that have not been fully recovered. The Courtesy Pay program is not available on the following accounts: Business, HSA, Legal and Builder accounts. We will not authorize and pay overdrafts on your ATM transactions using your ATM or debit card and everyday debit card (point-of- sale) transactions without authorization from you.

Stop Payment Orders. You may request a stop payment order on any check or other written instrument drawn on your account that has not been paid or certified. You may call us to request a stop payment, but to be binding, we may require that the order be dated, signed, and describe the account number, item number, and the exact amount of the item. The stop payment order will be effective if we receive the order in time for us to act upon the order. You understand that the exact information is necessary for our computer system to identify the item. If you give us incorrect or incomplete information, or the stop payment order is not received in time for us to act upon it, we will not be responsible for failing to stop payment on the item and we will not be liable to you or to any other party for payment of the draft. If we recredit your account after paying a draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist us in any legal action. Stop payment orders are permanent and do not expire.

Fees for stop payment orders will be imposed and are set forth on the Service Fee Schedule. You may not stop payment on any official check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You have the burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a binding stop payment order. You agree to indemnify and hold us harmless from all costs, including reasonable attorney's fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

ACH and Wire Transfers. This provision applies to funds transfers as defined in Article 4A of the Uniform Commercial Code and Subpart B of Regulation J of the Board of Governors of the Federal Reserve System. (e.g., wire transfers). You authorize us to transfer funds according to your instructions ("payment order") to and from your designated account(s), or to and from another financial institution. You also authorize us to charge your account for any related fees or service charges. We may require that transfers follow certain security procedures. We will notify you of any such security procedures and you agree that our security procedures are commercially reasonable. Cut-off times may apply to the receipt, execution and processing of funds transfers, payment orders, cancellations, and amendments and if received after a cut-off time, may be treated as having been received on the next following funds transfer business day. Information about any cut-off times is available upon request. When processing a payment order, payment may be made based solely on the account number provided in the payment order, even if that account number identifies a beneficiary other than the one that you name in the payment order. Similarly, if the payment order identifies the name, routing number and transit number of the beneficiary's financial institution, payment may be made solely on the basis of the routing and transit number, even if those numbers do not correspond to the name of the financial institution that you supplied. You agree that your obligation to pay the wire transfer is not affected if the identifying numbers do not match the named beneficiary or financial institution. You are also responsible for any loss or expenses incurred by a receiving bank which executes or attempts to execute the payment order in reliance on the identifying number you provided. We may also pay wire transfers received by us for your benefit based solely on the account number. We may refuse to accept or execute any payment order, or an amendment or cancellation thereof, and we shall be deemed to have accepted a payment order or its amendment or cancellation only upon execution thereof. We may reject or refuse to accept or execute a payment order if (1) the designated account(s) does not contain sufficient available or collected funds; (2) the account number that you provide on the payment order does not correspond to any known account with us; (3) the payment order is not authorized or does not comply with applicable security procedures; (4) we are prohibited from doing so due to applicable law; or (5) we have a good-faith, reasonable cause for rejecting the payment order. All transfers shall be shown on your periodic account statement and reflection on the statement shall constitute notice of receipt of the transfer. You may inquire whether a specific transfer has been received at any time during our normal business hours and/or by any means that we provide you for making inquiries on your accounts. We are not responsible for any transmission performance failure as a result of interruption in transfer facilities; power failures; equipment malfunctions; labor disputes; emergency conditions; fire, flood, or other natural disasters; war or terrorist attack; or other circumstances beyond our control. We are also not responsible for transfer failures due to suspension of payment by another party, or refusal or delay by another financial institution to accept the transfer, or if we are prohibited from performing under any applicable law. We shall not be liable for any special, indirect, consequential or punitive damages arising from any failure or delay in processing a payment order or related obligation. In no case shall we pay attorney's fees or other legal expenses incurred in connection herewith. If we become obligated under Article 4A to pay dividends to you, you agree that the rate of dividends to be paid shall be equal to the dividend rate, on a daily basis, applicable to the account to which the funds transfer was made. If you send an international wire transfer that identifies a beneficiary bank located outside of the United States, you agree that we do not guarantee the receipt or timely processing of the funds on the part of the foreign beneficiary bank. At the time of the international transfer request, you will receive a receipt and disclosures regarding the transfer, including your rights regarding cancellation and resolution of errors, in accordance with Regulation E. By sending an international wire transfer, you understand that we have no control over how or when the funds are received or processed by the foreign beneficiary bank and that it could take up to one month or longer for the wired funds to be processed by the foreign beneficiary bank. Therefore, except as otherwise provided in Regulation E, (a) you understand and acknowledge that by sending an international wire transfer according to the financial institution and account information you provide us, you accept all risk associated with your wire transfer request; and (b) we will not be held liable or responsible to refund you any of the funds or costs associated with executing your request where the funds you sent were lost, destroyed, not processed, or not received by the foreign beneficiary bank. You further acknowledge that we are prohibited from processing and executing requests where the federal government has enforced economic and trade sanctions against named foreign countries, or where the federal government has prohibited us from doing business with named financial institutions.

Choice of Law. We may accept, on your behalf, payments to your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by Regulation J, Article 4A, and the laws of the state in which our headquarters are located, and as provided by the operating rules of the National Automated Clearing House Association.

Other Rules Applicable to Your Membership and Accounts

Illegal Transactions. You warrant and agree that you will not use any Hiway services or loan or deposit accounts to make or cause to be made any transaction that is deemed illegal under applicable law, including, but not limited to, any gambling activity, embezzlement, identity theft, money laundering or terrorist activity. Any such use shall constitute a breach of this Agreement. We may delay processing or refuse to process any transaction that we believe to be illegal, suspicious or unenforceable and will not be liable to you for such delay or refusal. You further agree to indemnify us and hold us harmless from any liability of any kind and costs incurred by us in any form whatsoever that results directly or indirectly from such illegal use. We will also not be liable to you if we in good faith freeze your accounts and/or notify our regulators or local or federal enforcement authorities regarding any activity we believe to be illegal, suspicious, or unenforceable.

Negative Information Notice. We may report information about your accounts to credit bureaus and debit bureaus. Late payments, missed payments, insufficient funds transactions or other defaults on your account may be reflected in your credit report.

Account Rates and Fees. We pay dividends on accounts and assess fees against your account as set forth on the Rates Schedule and Service Fee Schedule. You agree that we may debit your account for any fees incurred without prior notice to you. We may change the Rates Schedule and Service Fee Schedule at any time and will notify you as required by law. For the most current rates and fees, you may contact us at any time and manner available.

Statements and Copies of Checks. If we provide a periodic statement for your account, we will send or make available to you a periodic statement of transactions and activity on your account during the statement period as required by applicable law. In the case of multi-party accounts, you agree and acknowledge that we are required to provide only one statement on the account and can provide it to any one of the parties on the account as we choose.

For checking accounts, you understand and agree that your original check (or substitute check), when paid, becomes our property and may not be returned to you. We may, but are not required to, retain the original checks. If you request copies of your checks, you agree that we may provide an electronic image of the check or a sufficient copy thereof. We may charge you, and you agree to pay, fees for providing copies of the checks, statements and/or any research involved with your request, as set forth on the Service Fee Schedule.

You understand and agree that statements are made available to you on the date they are mailed to you or delivered electronically. You also understand and agree that checks or copies thereof are made available to you on the date the statement is sent to you. See the Service Fee Schedule for applicable fees.

eDocuments. If we make this service available to you, you agree to receive statements via electronic means, whereby your periodic statement will be emailed to you or sent electronically to, and made available on, our online banking website. For more information regarding eDocuments, see eDocuments Agreement and Disclosure.

Your Duty to Examine. You are responsible for promptly examining each statement and reporting any irregularities or issues to us. We will not be liable for any forged, altered, unauthorized, unsigned, or improperly endorsed or encoded items drawn on your account or other irregularities if: (1) you fail to notify us in writing within sixty (60) days of the mailing date of the earliest statement containing or evidencing such irregularities regarding any item described in the statement; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.

If you fail to receive a periodic statement you agree to notify us within fourteen (14) days of the time you regularly receive a statement.

You also have the duty to examine and report errors relating to electronic funds transfers and substitute checks, which duties are set forth in the agreements
relating to those transactions.

Name or Address Change. You agree to notify us of any postal or email address change or name change. We reserve the right to require verification of your identity and proof of a change in address prior to making any changes in our records. We are only required to attempt to communicate with you at the most recent address you have provided to us. If you fail to provide notice of a change in address or name, and we attempt to locate you, we may impose a service fee as set forth on the Service Fee Schedule.

Lost, Destroyed, or Stolen Certified, Cashier's or Teller's Checks. Under some circumstances you may be able to assert a claim for the amount of a lost, destroyed, or stolen certified, cashier's or teller's check if you are the remitter or payee of the check (or drawer of a certified check). To assert such a claim, you must send us notice asking for payment of the amount of the check. The notice must describe the check with reasonable certainty. We must receive the notice in time for us to have a reasonable opportunity to act on it. You must also certify your loss with respect to the check on a form satisfactory to us.

Claims may not be immediately enforceable. We may pay the check until the ninetieth day after the date of the check (or in the case of a certified check, the date of acceptance). Therefore, even if you have met the above conditions, your claim is not enforceable until the ninetieth day after the date of the check (or date of acceptance of a certified check). If we have not paid the check within those 90 days, we become obligated to pay you the amount of the check on the day your claim is enforceable. We may pay you in cash or issue a certified check.

We may, but do not have to, pay you the amount of the check before your claim becomes enforceable. If we do, you agree to indemnify us for any losses we might suffer. For example, if the check is presented after we pay your claim, and we pay the check, you are responsible for reimbursing us for our loss. We may require you to provide a surety bond for this purpose.

Check Cashing. We may charge a fee for anyone that does not have an account with us who is cashing a check or other instrument written on your account. We may require reasonable identification that is acceptable to us in our sole discretion before cashing the instrument. This may include a valid identification card or a fingerprint.

Remotely Created Checks. A remotely created check, also known as a telecheck, preauthorized draft or demand draft is authorized by an account owner and used to withdraw money from an account. However, unlike a bank issued check or draft, a remotely created check does not contain the signature of the account owner. In place of a signature, the check will have a statement that the owner authorized the check, such as “Authorized by Drawer” or the authorized owner's name typed or printed on the signature line.

For every remotely created check we receive from you for either deposit or payment to another person or institution, you agree to the following: (1) you have received verifiable authorization to create the check for both the amount and the named payee on the check ; (2) for at least 2 years from the date of the authorization, you will retain the proof of this authorization and provide this proof if we request it from you; and (3) regardless of when, if at any point the check is returned for any reason, you owe us the amount of the check. We may take these funds from your account for the amount you owe us, and should there be insufficient funds in your account, you will still owe us the outstanding balance.

DEBIT AUTHORIZATION HOLDS

ACTUAL BALANCE VS AVAILABLE BALANCE

Actual Balance: This balance includes cleared posted transactions.

Available Balance: The Actual balance minus any authorization or deposit holds. As transactions clear, your Available balance changes to reflect those transactions to determine a more accurate availability of funds. The Available balance does not include written checks or other items that have not yet cleared the account.

When you make a debit card transaction and you run it as Credit, it places an authorization hold on the account and affects the Available Balance. When your debit card transaction is run with a PIN, the transaction posts to the account and affects both the Actual and the Available balance. If your Available balance is not sufficient to cover a transaction, we may pay the item and charge you an overdraft fee. An overdraft fee may be charged even though your Actual balance indicates a positive amount.

DEBIT CARD AUTHORIZATION HOLDS

When you use your debit card, the merchant sends us the amount for authorization. This amount is placed on hold and removed from your Available balance. The hold is released once the transaction clears. The hold helps determine the Available balance on your account.

EXAMPLE OF OVERDRAFT FEE FOR INSUFFICIENT AVAILABLE BALANCE

If you have opted-in to our Courtesy Pay (overdraft services) program for the payment of overdrafts on ATM and everyday debit card transactions, the following is an example of an overdraft fee for insufficient Available balance:

If your Actual balance is $100 and Available balance is $75 and you swipe your debit card at a merchant for a $45 transaction, an authorization hold will be placed on your account for your transaction and your Available balance will be reduced to $30. If another check or transaction is posted to the account in excess of $30, an overdraft fee will be incurred.

Claim of Loss. If you claim a credit or refunds because of forgery, alteration, or other unauthorized withdrawal, you agree to cooperate with our investigation, which may include providing a sworn affidavit, reporting your claim to law enforcement authorities, and providing any other documentation or evidence required to prove the claim. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you. You agree not to waive any rights you may have to recover your loss against any third person who is obligated to pay and you will pursue those rights or assign them to us. You understand and agree that any liability on our part will be reduced by the amount you recover or are entitled to recover from such third persons or other sources.

Legal Process Against Your Account. If any legal action is brought against your account such as tax levy, garnishment, attachment, etc., we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. We will not be liable to you for any such payout, even if it leaves insufficient funds in your account to pay checks you have written or other items that have not yet been processed. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest in your account and our right to set-off. Legal process against your account may be subject to a charge as set forth in the Service Fee Schedule.

Power of Attorney. We may allow a third person to act as your Attorney-in-Fact pursuant to a Power of Attorney, but we are not required to do so. We have the right to review and approve any form of Power of Attorney and may restrict account withdrawals or transfers. You understand and agree that we are under no obligation to honor any Power of Attorney and we have no duty to investigate or verify the scope, authenticity, or validity of any Power of Attorney. We also have no duty to inquire or investigate regarding the use or purpose of any transaction or the propriety or impropriety of any action taken by your Attorney-in-Fact. You also understand that you are responsible for any transactions made pursuant to a Power of Attorney. If an Attorney-in-Fact is appointed for your accounts, you are not giving up your rights to act on the account.

Sharing and Disclosing Account Information. While we value your right to privacy and confidentiality of your personal information, there are times where your information will be shared and disclosed, as follows. See Hiway's Privacy Policy for more information.

Inactive or Dormant Accounts. We will assess an inactive fee if all of the following conditions are met: (1) you have made no transactions on the Share Savings account in the last 12 months; (2) the Share Savings account balance is $300 or less at month end; (3) primary member is age 18 or older; (4) primary member has no other active accounts or Investments with Hiway; (5) primary member has no open loan or Visa Credit Card with Hiway. After assessing the fee, if the remaining Share Savings account balance is below the required par value, it may be subject to closure. Refer to the Service Fee Schedule for Inactive Account fee. You authorize us to transfer funds from another account of yours to cover any service fees. To the extent allowed by law, we reserve the right to transfer the account funds to a general Hiway account and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with applicable state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency. See the Service Fee Schedule for Inactive Account Fee.

Death or Incompetence of Account Owner. We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of a member's death or adjudication of incompetence and are provided satisfactory evidence thereof, such as a certified death certificate or court order. Once we are notified of a member's death or incompetence, we may pay drafts or honor other payments or transfer orders authorized by the member unless we receive instructions from any person claiming an interest in the account to stop payment on the drafts or other items. We may require anyone claiming the owner's account funds to indemnify us for any losses resulting from our honoring that claim. Upon the death of an individual account owner, we will pay all funds on deposit in accordance with the specific instructions on the Membership Application such as to a Payable on Death Beneficiary. If there is no beneficiary designation, no probate proceedings or no estate, we may, but are not required to, pay the funds to any heir, who will be solely responsible for any further distribution of the funds. Alternatively, we may hold the funds until a proper court order is presented to us. We may require proper documentary evidence satisfactory to us before we determine the proper treatment of the funds and before we will release funds to any claiming party. Funds in a joint account will be payable subject to the provision, "Joint or Multiple Party Accounts". Any payment of funds upon the death or incompetence of any account holder is subject to our lien and security interest. Our lien and security interest is also prior and superior to any interest of any other joint account owner, payable on death designee or beneficiary. This Agreement will be binding upon any heirs or legal representatives of any account owner.

Termination of Accounts and Services. We may terminate your account or place a freeze on the funds at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery, fraud, attempted fraud, or unauthorized use reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any checks are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; (7) we believe that you have been negligent in protecting your access devices or access codes; (8) you have breached any promise under this Agreement or any other account you have with us; (9) you do not fulfill the terms of any of the accounts, such as deposits being made to club accounts, etc.; or (10) we reasonably deem it necessary to prevent a loss to us or to be in the best interests of Hiway or our members or employees. If we are informed of such circumstances or otherwise believe that any of these circumstances are about to occur, we may place a stop payment on any item and we will not be liable to you for such a stop payment.

You may terminate a single party account by giving written notice. We reserve the right to require the consent of all owners to terminate a multiple party account, but are not obligated to do so. We are not responsible for payment of any draft, withdrawal, or other item after your account is terminated. However, if we pay an item after termination, you agree to reimburse us.

Termination of Membership. You may terminate your membership by giving us notice and otherwise following our policies and procedures. You may be denied services or expelled for any reason allowed by applicable law, including having your membership account or primary share account balance fall below the required par value for membership, or causing a loss to Hiway. Termination of your membership does not relieve you of your obligations to pay any fees or obligations that you owe us, and you are still responsible for any outstanding items that have not yet been processed or paid. Once membership has been terminated, no further transactions or services will be allowed.

Amendments to the Agreement and Change-in-Terms. Except as prohibited by applicable law, we may change the terms of this Agreement or any other Agreements you have with us, including rates and fees and the method with which we determine dividends. We will notify you of any changes in the manner and within the timeframes required by law. Your continued use of the account after receipt of notification of any change by Hiway constitutes your acceptance of the change.

Changes in Accounts or Ownership. Any changes in accounts or services requested by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed form approved and accepted by us. We reserve the right to require all account owners on a multiple-party account to consent to any changes and to sign the change form, but are not obligated to do so.

Recording Conversations and Consent to Receive Communications. You acknowledge and agree that we may record any telephone conversation we have with you, regardless of whether we so inform you at the time of the conversation. This helps document the transaction or conversation and helps protect both parties.

By providing us with a telephone number for a cellular phone or other wireless device, you consent that we may contact you for non-marketing purposes in any way, including but not limited to automated calls, pre-recorded or artificial voice messages and/or text messages. You may be charged for calls and messages from your cellular provider. This consent applies to any telephone numbers you have previously provided to us or that you subsequently provide to us, including a number that you convert to a cellular number.

Severability; Headings; No Waiver. If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement. We reserve the right to waive or choose not to enforce any and all terms, rights, or remedies under this Agreement and such waiver shall not affect our right to enforce that or another term, right, or remedy at a later time.

Enforcement. You are liable to us for any loss, cost or expense that we incur resulting from your failure to follow this Agreement. This shall include reasonable attorney fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you.

Member Conduct Behavior. It is the policy of Hiway to make any member or potential member who displays inappropriate conduct, action or behavior subject to sanctions. Inappropriate conduct, actions or behavior shall include, but is not limited to: harassment, malicious or detrimental behavior, damage, injury to others or threats. Sanctions that may be used include:

  • Verbal or written warning
  • Denial of access to credit union premises
  • Denial of contact with credit union volunteers or employees
  • Denial of all credit union services, except Share Savings
  • Denial of membership if currently a non-member
  • Expulsion

This shall apply to all members and non-members, both present and future.

Governing Law. This Agreement is governed by our Bylaws, federal laws and regulations, local clearing house rules, and the local laws (including applicable principles of contract law) and regulations of the state in which our administrative office is located. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which our administrative office is located.

Funds Availability Policy

This policy only applies to the availability of funds in transaction accounts. Transaction accounts are accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us, such as checking accounts. We reserve the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have questions about which accounts are affected by this policy.

Your Ability to Withdraw Funds

Our policy is to make funds from your cash, check, and electronic deposits available to you on the same business day that we receive your deposit, unless they involve an International ACH Transaction. See below for more information on International ACH Transactions. Once they are available, you can withdraw the funds in cash and we will use the funds to pay transactions on your account.

Longer Delays May Apply

However, in some cases, the availability of funds may be delayed under the following circumstances.

Case-by-Case Holds: Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the same business day of your deposit.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Exception Holds: In addition, funds you deposit by check may be delayed for up to the 7th business day after the day of your deposit under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,525 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • 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 of these reasons, and we will tell you when the funds will be available.

Holds on Other Funds

If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.

If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Deposits at Automated Teller Machines

Funds from any deposits (cash or check) made at automated teller machines (ATMs) will be available as follows: The first $225 will be available the same business day of your deposit. The remainder of the deposit becomes available on the second business day after the day of your deposit.

Business Days and Cut-off Times

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit at an ATM before 2:00 p.m. Central Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after that time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

International ACH Transactions

International ACH Transactions (IAT) that are transmitted to or from any of your accounts may be identified and designated by us for review and examination under the Office of Foreign Assets Control Rules and Regulations (OFAC Rules). In such a case, settlement of the IAT may be delayed or suspended, and may be terminated under applicable OFAC Rules. You also acknowledge that we may be required to place an indefinite hold on funds covered by the IAT if the IAT is required to be terminated under OFAC Rules. You agree that any such delay is permissible under the laws applicable to the availability of funds held in deposit accounts. In the event an IAT is delayed or terminated, we will provide you such notice as may be required by applicable law.

Foreign Checks or Drafts

Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.

Substitute Checks and Your Rights-Important Information About Your Checking Account

What Is a Substitute Check?

To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

What Are My Rights Regarding Substitute Checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to dividends on the amount of your refund if your account is a dividend-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to the amount of the check (plus dividends if your account earns dividends) within 10 business days after we received your claim.

We may reverse the refund (including any dividends on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How Do I Make a Claim for a Refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at 111 Empire Drive, St. Paul, MN 55103-1899, 651.291.1515 or 800.899.5626. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include –

  • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
  • An estimate of the amount of your loss;
  • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
  • A copy of the substitute check and/or the following information to help us identify the substitute check: (identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check).
Truth-in-Savings Disclosures

The following disclosures and terms apply to your accounts with Hiway. The Rates Schedule and Service Fee Schedule also sets out terms of your accounts and is hereby incorporated by reference as if fully set forth herein. The par value of a share in this account is $5.00.

SHARE SAVINGS ACCOUNT

Rate Information. Please see our current Rates Schedule for current Annual Percentage Yield (APY), any applicable tiers, and variable rate accounts. The Annual Percentage Yield (APY) reflects the total amount of dividends to be paid on an account based on the dividend rate and frequency of compounding for an annual period. The dividend rate and Annual Percentage Yield (APY) may change as determined by our board of directors.

Compounding; Dividend Period. Dividends will be compounded every quarter. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. For example, the beginning date of the first quarter is January 1 and the ending date of the first quarter is March 31. The dividend declaration date is the ending date of each quarter.

Minimum Balance Requirements. The minimum balance required to open this account is $5.00.

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends on Noncash Deposits. Dividends will begin to accrue on the business day that you deposit noncash items (e.g. checks) to your account.

Transaction Limitations.

  • The maximum number of shares you can own in this account is one.
  • During any month, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. Federal regulations require that if you exceed these transfer limitations, your account may be subject to closure.

SAVINGS ACCOUNT

Rate Information. Please see our current Rates Schedule for current Annual Percentage Yield (APY), any applicable tiers, and variable rate accounts. The Annual Percentage Yield (APY) reflects the total amount of dividends to be paid on an account based on the dividend rate and frequency of compounding for an annual period. The dividend rate and Annual Percentage Yield (APY) may change as determined by our board of directors.

Compounding; Dividend Period. Dividends will be compounded every quarter. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. For example, the beginning date of the first quarter is January 1 and the ending date of the first quarter is March 31. The dividend declaration date is the ending date of each quarter.

Minimum Balance Requirements. No minimum balance requirements apply to this account.

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends on Noncash Deposits. Dividends will begin to accrue on the business day that you deposit noncash items (e.g. checks) to your account.

Transaction Limitations. During any month, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. Federal regulations require that if you exceed these transfer limitations, your account may be subject to closure.

MONEY MARKET ACCOUNT

Rate Information. Please see our current Rates Schedule for current Annual Percentage Yield (APY), any applicable tiers, and variable rate accounts. The Annual Percentage Yield (APY) reflects the total amount of dividends to be paid on an account based on the dividend rate and frequency of compounding for an annual period. The dividend rate and Annual Percentage Yield (APY) may change as determined by our board of directors.

Compounding; Dividend Period. Dividends will be compounded every month. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. For example, the beginning date of the first month is January 1 and the ending date of the first month is January 31. The dividend declaration date is the ending date of each month.

Minimum Balance Requirements. See Rates Schedule for the minimum balance requirements.

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends on Noncash Deposits. Dividends will begin to accrue on the business day that you deposit noncash items (e.g. checks) to your account.

Transaction Limitations.

  • The minimum amount you may withdraw is $500 per withdrawal.
  • No more than three withdrawals are allowed each month without being charged an Excess Withdrawal fee. Please see Service Fee Schedule for the amount of the fee.
  • During any month, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. Federal regulations require that if you exceed these transfer limitations, your account may be subject to closure.

IRA

Rate Information. Please see our current Rates Schedule for current Annual Percentage Yield (APY), any applicable tiers, and variable rate accounts. The Annual Percentage Yield (APY) reflects the total amount of dividends to be paid on an account based on the dividend rate and frequency of compounding for an annual period. The dividend rate and Annual Percentage Yield (APY) may change as determined by our board of directors.

Compounding; Dividend Period. Dividends will be compounded every quarter. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. For example, the beginning date of the first quarter is January 1 and the ending date of the first quarter is March 31. The dividend declaration date is the ending date of each quarter.

Minimum Balance Requirements. No minimum balance requirements apply to this account.

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends on Noncash Deposits. Dividends will begin to accrue on the business day that you deposit noncash items (e.g. checks) to your account.

Transaction Limitations. During any month, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. Federal regulations require that if you exceed these transfer limitations, your account may be subject to closure.

CHECKING ACCOUNTS

Rate Information. Please see our current Rates Schedule for current Annual Percentage Yield (APY), any applicable tiers, and variable rate accounts. The Annual Percentage Yield (APY) reflects the total amount of dividends to be paid on an account based on the dividend rate and frequency of compounding for an annual period. The dividend rate and Annual Percentage Yield (APY) may change as determined by our board of directors.

Compounding; Dividend Period. Dividends will be compounded every month. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. For example, the beginning date of the first month is January 1 and the ending date of the first month is January 31. The dividend declaration date is the ending date of each month.

Minimum Balance Requirements. See Rates Schedule for the minimum balance requirements.

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends on Noncash Deposits. Dividends will begin to accrue on the business day that you deposit noncash items (e.g. checks) to your account.

Transaction Limitations. No transaction limitations apply to this account unless otherwise stated in the Common Features section below.

Fees and Charges. Please see the Service Fee Schedule for fees and charges that may apply.

CHECKING BUILDER ACCOUNT

See Checking Builder Agreement for additional restrictions and terms of the Checking Builder Account.

CERTIFICATE ACCOUNTS The following applies to Certificate Accounts:

Your certificate receipt and/or Rates Schedule will inform you of the following:

  • Time requirements/maturity
  • Dividend rate and dividend period
  • Annual Percentage Yield (APY)
  • Minimum balance requirements
  • Compounding and crediting frequency
  • Grace Period

Balance Computation Method. We use the daily balance method on your account. The daily balance method applies a daily periodic rate to the balance in the account each day.

Accrual of Dividends. Dividends will begin to accrue on the business day that your deposits are posted to your account.

Transaction Limitations. After the account is opened, you may not make additions into the account until the maturity date, unless stated otherwise on the Rates Schedule. You may withdraw principal from your account before maturity only if we agree at the time of your request to withdraw; however, such withdrawals will be subject to early withdrawal penalties.

Early Withdrawal Penalties. We may impose a penalty if you withdraw any of the funds in your account before the maturity date. The amount of the penalty is disclosed on the Rates Schedule. The penalty is calculated as a forfeiture of part of the dividends that have been or would have been earned on the account, and applies whether or not the dividends have been earned. The penalty may be deducted from the principal amount of the deposit. The Annual Percentage Yield disclosed for your account is based on an assumption that dividends will remain in the account until maturity; a withdrawal will reduce earnings. Exceptions to Early Withdrawal Penalties: We may, at our option, pay the account before maturity without imposing an early withdrawal penalty under the following circumstances if an account owner dies or is determined to be legally incompetent by a court or other body of competent jurisdiction. You can only withdraw dividends credited in the term before maturity of that term without penalty. You can withdraw dividends anytime during the term of crediting after they are credited to your account.

IRA and CESA Certificates may be subject to IRS penalties for early withdrawal and do not apply to business accounts.

Withdrawal of Dividends Prior to Maturity. The Annual Percentage Yield disclosed for your account is based on an assumption that dividends will remain in the account until maturity; a withdrawal will reduce earnings.

Renewal Policies. Unless you otherwise instruct us, your certificate account will automatically renew at maturity. You will have a grace period as indicated on the Rates Schedule after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty. Each renewal term will be the same as the original term, beginning on the maturity date. The dividend rate will be the same we offer on new certificate accounts on the maturity date which have the same term, minimum balance (if any) and other features as the original certificate account.

Fees and Charges. We may impose fees, charges or penalties against your account(s). Please see our Rates Schedule and Service Fee Schedule for the types, amounts and conditions of the fees and charges.

24 Month Step-Up Certificate Option Plan and Rate Information

The dividend rate and annual percentage yield may change. We will not change the rate on your account during the term of the account. However, you have the option during each term of this account to exchange this dividend rate for a new dividend rate. The new dividend rate will be the dividend rate we are then offering on the 24 month certificate account for the remainder of this account at the time of the exchange. This exchange will be at no cost to you. If you make an exchange, the maturity date of this account will remain the same as originally scheduled. You may exercise this exchange option once during each term.

COMMON FEATURES OF SHARE AND CERTIFICATE ACCOUNTS:

Overdrafts: If funds are not available for the payment of Checking account transactions, automatic transfers may be made from your Share Savings account (other options available) in increments of $200 or any sum necessary to cover the overdrafts, excluding the $5 minimum share.

Bylaw Requirements: You must complete payment of one share in your Share Savings account as a condition of admission to membership. If the balance in your Share Savings account falls below the par value of one share, and you do not increase the balance to at least the par value of one share within 30 days of the reduction, you may be terminated from membership at the end of the 30 days.

Written Notice of Withdrawal. We reserve the right, at any time, to require not more than 60 days notice in writing before each withdrawal from a dividend bearing account other than a time deposit, or from any other savings account as Defined by Regulation D. We may require two business days notice for cash withdrawals in excess of $1,000.

Nature of Dividends. Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period.

Transaction Limitations.

  • Accounts as security for loans and other obligations. If you have pledged your shares in the credit union as borrower or guarantor on any loan or other obligation that you owe to us, or if you are delinquent on that obligation, you cannot withdraw an amount that would cause your accounts to fall below the amount that you owe. See your loan documents for more details.
  • Additional Limitations. Additional limitations may apply to the use of your accounts in accordance with any other Agreements you may have with us, e.g., Electronic Funds Transfer Agreement, Online Banking Disclosure, etc.

National Credit Union Share Insurance Fund. Member accounts in this credit union are federally insured by the National Credit Union Share Insurance Fund.

Electronic Fund Transfer Agreement and Disclosure - Reg E

(Does not apply to Trust Accounts, including HSAs).

Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.

This Electronic Funds Transfer Agreement and Disclosure ("Agreement") is the contract which governs the rights and responsibilities of both parties regarding electronic funds transfer services offered by us. ("Account") means any one or more of your savings, money market, and checking account(s) you have with us. ("Card") is any card or access device issued by Hiway to you or to those designated by you. Electronic funds transfers are electronically initiated transfers of money from or to your account through the various services described below. By signing an application, or by accessing any service, you agree to the terms and conditions in this Agreement, and amendments thereto, and any other agreements that may govern your accounts. We may refuse any transaction which would draw upon insufficient funds, lower an account below any required minimum balance, exceed a credit limit, or otherwise require us to increase our required reserve on an account.

TYPES OF ELECTRONIC FUND TRANSFER SERVICES

The following describes the services, if approved, that are available, and some limitations that apply:

ATM Card. You may use your ATM Card and PIN (Personal Identification Number) to:

  • Withdraw funds from your savings and checking accounts.
  • Make deposits to your savings and checking accounts within the state of Minnesota.
  • Transfer funds between your savings and checking accounts whenever you request.
  • Obtain balance information on your savings and checking accounts.

Limitations. The following limitations will apply to your ATM Card:

  • The maximum dollar amount of cash withdrawals per day is $500 or such other amount disclosed to you at the time the account is opened. Sufficient funds must be available to make any withdrawal. There is no limit to the number of cash withdrawals you may make in one day
  • For security reasons, there are other limitations to frequency and number of transfers you may make at ATMs.
  • Additional limitations are set forth in the TRANSFER LIMITATIONS provision contained herein.
  • Please see the service fee schedule for applicable ATM fees.

Debit Mastercard. You may use your Debit Mastercard and PIN to:

  • Pay for purchases at places that have agreed to accept the Card.
  • Make POS (Point of Sale) transactions to purchase goods or services at POS terminals that have the Mastercard logo.
  • Order goods or services by mail, telephone, or via the Internet from places that accept the Card.
  • Make cash withdrawals in foreign countries and in foreign currencies.
  • Withdraw funds from your savings and checking accounts.
  • Make deposits to your savings and checking accounts within the state of Minnesota.
  • Transfer funds between your savings and checking accounts whenever you request.
  • Obtain balance information on your savings and checking accounts.

Some services on ATM or Debit Cards may not be available at all terminals. The amount of purchases and/or cash obtained (if permitted) will be deducted from your checking account.

Limitations. The following limitations will apply to your Card:

  • The maximum dollar amount of cash withdrawals per day is $500 or such other amount disclosed to you at the time the account is opened. Sufficient funds must be available to make any withdrawal. There is no limit to the number of cash withdrawals you may make in one day.
  • The maximum purchase price for any one transaction at a POS Terminal is $3,000.00.
  • For security reasons, there are other limitations to frequency and number of transfers you may make at ATMs.
  • Your available account balance may be reduced for preauthorizations for 3 business days or until the transaction clears.
  • Additional limitations are set forth in the TRANSFER LIMITATIONS provision contained herein

Phone Banking, Online Banking and Mobile Banking Transactions. You may access your accounts by phone 24 hours a day at 651.290.2200 or 800. 262.4428 using your access code and your member number; or by personal computer or mobile device at hiway.org.

We reserve the right from time to time to revise the types of accounts that may be accessed. You may:

  • Withdraw and transfer funds to and from your accounts.
  • Make deposits (except via phone banking).
  • Obtain balance information on your accounts.
  • Verify whether a check or other item has cleared your account.
  • Make loan payments from your accounts.
  • Take advances from your line-of-credit loan account.
  • Change your password(s) or log-in information.

You will not receive a receipt or confirmation for any transaction made through Phone Banking, Online Banking or Mobile Banking. Phone Banking is available twenty-four (24) hours a day, but may be inaccessible for a short period each day for data processing.

Limitations. The following limitations will apply to Phone Banking:

  • The maximum dollar amount of transfers per day is $25,000
  • See the Transfer Limitations provision for transfer limitations that apply to preauthorized transfers.

Bill Pay

Please see separate Bill Pay Agreement provided when you sign up for this service.

Electronic Check Conversion & Electronic Returned Check Fees. If you pay for something with a check, you may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: (1) pay for purchases or (2) pay your bills. When your check is used to initiate an electronic funds transfer in this way, you authorize the funds to be debited from your account as soon as the same day, and your check may not be returned to you. You also authorize a one-time electronic funds transfer to pay a Returned Check/EFT fee or Non- sufficient Funds fee if you have insufficient funds.

Preauthorized Electronic Funds Transfers. You may authorize one-time or recurring automatic payments from, and deposits into, your designated savings or checking account(s). Examples of such transfers include direct deposit of your paycheck or Social Security check into your designated Hiway account; automatic payment(s) from your designated Hiway account to third parties; and automatic payment from your designated Hiway account for loan payments or other amounts you owe us.

The frequency and amounts of these preauthorized transfers will be subject to and in accordance with the authorization that you sign, and any separate agreement you have with the originator of the transfer. See the Transfer Limitations provision for transfer limitations that apply to preauthorized transfers.

TRANSFER LIMITATIONS

In addition to any other limitations set forth for each service herein, federal regulation limits the number of preauthorized, automatic, or telephone transfers that may be made from your share/savings and money market accounts to six (6) per month from each account. Federal regulations require that if you exceed these transfer limitations, your account may be subject to closure.

OWNERSHIP AND AUTHORIZED USE

Any Card or other access device that we provide you remains our property and must be returned to us, our agent, or to any person who is authorized to honor the Card according to our instructions. We may repossess the Card at any time in our sole discretion without demand or notice to you. You cannot transfer the Card, PIN, or account to another person, and you will be liable for any transfers made by anyone to whom you give your Card or PIN.

ILLEGAL TRANSACTIONS

You shall not use your Card to make any illegal transaction as determined by applicable law. We may decline any transaction that we believe to be illegal, including but not limited to any transaction involving or relating to any gambling activity. We will have no liability or responsibility for any such use or for declining any such transaction. You further agree to indemnify and hold us harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use.

TERMINATION

You may terminate this agreement by (1) notifying us in writing; and (2) destroying or returning your Card(s). We may terminate this agreement by notifying you in writing or card capture. Termination does not affect any party's rights under this agreement regarding any transactions made before termination.

FEES

There are certain fees and charges for using electronic funds transfer services. For a current list of the types and amounts of these fees, please see your Service Fee Schedule that was provided to you. We do not charge for direct deposits to any type of account or for preauthorized payments from any type of account. ATM Fees: Additionally, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. The amount of this fee will be disclosed to you by the owner of the ATM.

RIGHT TO RECEIVE DOCUMENTATION

Periodic statements. Transfer and withdrawal transactions made through any card, Online or Mobile Banking or Bill Pay service, Phone Banking, or preauthorized transfer will be reflected on your periodic statement. You will receive a monthly statement unless there are no transfers in a particular month. In any case you will get a statement at least quarterly, unless the account balance falls below $5 and there has been no activity during that period, in which case you would receive an annual statement.

Terminal Receipts. You can get a receipt at the time you make any transaction (except inquiries) to or from your account using an ATM, Point-of-Sale terminal, or Debit Card transaction with a participating merchant. However, we are not required to provide you with terminal receipts for transactions of $15.00 or less. You should keep your statements and receipts, as they may be admissible evidence in legal proceedings if a dispute should arise and shall constitute prima facie proof that such transfer was made.

Preauthorized EFTs. If you have arranged to have a direct deposit or preauthorized debit or credit made to your account at least once every 60 days from the same person or company, you can call us at 651.291.1515 or 800.899.5626, use Phone Banking or Online or Mobile Banking to find out whether or not the deposit has been made.

RIGHTS REGARDING PREAUTHORIZED PAYMENTS

Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call us at 651.291.1515 or 800.899.5626, or write us at 111 Empire Drive, St. Paul, MN 55103-1899, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. (If you want to stop a payment being made through Bill Pay, you should follow the instructions within Bill Pay). 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. Please see the Service Fee Schedule for any fees charged for stopping payments.

Notice of Varying Amounts. If preauthorized recurring payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

OUR LIABILITY FOR FAILURE TO MAKE TRANSFERS

If we do not complete a transfer 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. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough available funds in your account to make the transfer.
  • If the funds in your account are pledged as collateral for a loan or frozen because of a delinquent loan or other reason.
  • If the transfer would go over the credit limit on your overdraft line.
  • If you used your Card or access code in an incorrect manner.
  • If the ATM where you are making the transfer does not have enough cash.
  • If the error was caused by a system of any participating ATM network.
  • If the ATM, POS terminal, Phone Banking, Online or Mobile Banking or Bill Pay system or other electronic service was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  • Any other exceptions stated in any of our agreements with you or which may be amended in the future.

DISCLOSURE OF YOUR INFORMATION

We will disclose information to third parties about your account or the transfers you make:

  1. Where it is necessary for completing transfers;
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  3. In order to comply with government agency or court orders;
  4. As outlined in our Privacy Policy; or 5. As requested with your written or recorded permission.

LIABILITY FOR UNAUTHORIZED USE

Tell us AT ONCE if you believe your ATM or Debit Card or any of your access codes have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit).

You will have no liability for unauthorized use of your Mastercard not related to a lost or stolen Card or access code, provided that you have exercised reasonable care in safeguarding the Card from risk of loss or theft, and upon becoming aware of such loss or theft, you promptly report the loss or theft to us. If the unauthorized activity is due to loss or theft of the Card, you will be liable for no more than $50 if you tell us within 2 business days after you learn of the loss or theft of your Card or access code. If you tell us after 2 business days after you learn of the loss or theft but within 60 days after the unauthorized activity appears on your statement, and we can prove we could have stopped someone from using your Card or access code without your permission if you had told us, you could lose as much as $500. If you notify us after 60 days of when the unauthorized activity appears on the statement and we can prove we could have stopped the unauthorized activity, you may not get back any money. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

You should always save your terminal receipts, keep a record of your transactions, and reconcile your receipts with your periodic statements.

You are liable for all transfers or purchases made via your Card(s), access code(s) or passwords that you authorize or allow. If you give your Card, access code, or password to someone else, you are responsible for all transfers or purchases that that person makes with your Card or via the service that he or she accesses, even if that person uses the Card or code in a way that you did not anticipate or intend. You may revoke your permission for the other person to use your Card by notifying us in writing, and allowing us reasonable time to act on your notification.

If you believe your Card or access code has been lost or stolen, call: 651.291.1515 or 800.899.5626 during normal business hours or write: 111 Empire Drive, St. Paul, MN 55103-1899. You should also call this number or write to this address if you believe a transfer has been made using the information from your check without your permission.

RIGHT TO BRING CIVIL ACTION

You may bring a civil action against any person violating the consumer privacy and unauthorized withdrawal provisions of the Minnesota Statutes applicable to the use of your Card, and may recover actual damages or $500, whichever is greater, and punitive damages, together with court costs and reasonable attorney's fees incurred.

TIME TO COMPLETE TRANSACTIONS

The customary amount of time needed to make a Debit Card purchase at a merchant facility and have the transaction posted to your account is the same business day the transaction is completed. The customary amount of time needed to make a POS purchase at a POS terminal and have the transaction posted to your account is the same business day the transaction is completed. The customary amount of time needed to make a deposit, withdrawal or loan payment and have the transaction posted to your account is the same business day the transaction is completed.

REVERSAL OF TRANSACTIONS

You may not reverse any transaction when using your Card to pay for goods or services by transferring funds through a terminal. Payment for goods or services by a transfer of funds through a terminal shall not affect any of the rights, protections, or liabilities in existing law concerning a cash or credit sale made by means other than through the use of a terminal.

BILLING ERROR RESOLUTION (does not apply to international remittance transfers):

In case of errors or questions about your electronic transfers, contact us at the number or address listed below as soon as you can and include the information listed below. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared.

By Telephone: 651.291.1515 or 800.899.5626

By U.S. Mail: 111 Empire Drive, St. Paul, MN 55103-1899

By email:

  • Tell us your name and account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We may require you to provide your complaint in the form of an affidavit. We will determine whether an error occurred within 10 business days (5 business days for debit Card POS transactions) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a POS transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for debit Card POS transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

BUSINESS DAYS

For purposes of these disclosures, our business days are Monday through Friday. Federal Holidays are not included.

OTHER PROVISIONS REGARDING EFT CARDS AND SERVICES.

Honoring the Card(s); Refunds: Neither we nor the merchants authorized to honor the Card will be liable for failure or refusal to honor your Card, access device, or code. If a merchant agrees to provide a refund or adjustment to you, you agree to accept a credit to your account instead of a cash refund.

Foreign Transactions; Currency Conversion: Purchases and cash advances made in foreign currencies will be debited from your account in U.S. dollars. The conversion rate in dollars will be (1) a rate selected by Visa International or Mastercard from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa or Mastercard itself receives; or (2) the government-mandated rate in effect for the applicable central processing date in each instance. All transactions processed outside of the United States (which may include internet transactions) will be charged a foreign transaction fee in the amount disclosed on your Service Fee Schedule.

Security of Card and Access Codes. The access codes issued to you are for security purposes and any codes issued to you are confidential and should not be disclosed to anyone else or recorded on or with the Card. You agree to safeguard the codes and agree not to disclose or otherwise make available your Cards or codes to anyone not authorized to sign on your accounts. If you authorize someone to use your access codes, that authority shall remain in place until you specifically revoke that authority by notifying Hiway.

Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners including any authorized users, shall be bound by the terms and conditions of this Agreement. You understand and agree that any joint owner you authorize to use an access code may withdraw or transfer funds from any one of your accounts without your prior notice or permission, and we will not be liable to you in any way. Each of you jointly and severally shall be responsible for any and all transactions under this Agreement regardless of which owner accessed the accounts or used the services. Each joint account holder is authorized to act for the others, and we may accept orders and instructions regarding any transaction on any account from any owner. We can refuse to follow conflicting instructions.

No Right to Stop-Payment for Terminal Transactions. Transfers made by terminal may be executed immediately. This means that a cash withdrawal or other debit transaction is immediately deducted from your account; there is no "float" time and therefore there is no effective way of stopping the transaction.

IMPORTANT SAFETY TIPS REGARDING THE USE OF ATM MACHINES

The following is a list of safety precautions that you should follow when using an ATM or Night Depository:

  • Be aware of your surroundings, particularly at night;
  • Consider having someone accompany you after dark;
  • If the ATM facility is equipped with a door, close it tightly before beginning your transaction, and do not allow anyone you don't know into the facility with you;
  • If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction;
  • Refrain from displaying your cash - place it in your pocket or purse as soon as the transaction is completed. Count your cash in the safety of a locked enclosure such as a car or home;
  • Use a different ATM or return at a later time if you notice anything suspicious while using or approaching the ATM. If you are in the middle of your transaction, cancel the transaction, take your Card or deposit envelope, and leave;
  • If you are followed after completing your transaction, go to the nearest public area where people are present;
  • Do not write your personal identification number or code on your ATM Card; and
  • Report all crimes immediately to the operator of the ATM or to local law enforcement officials. If emergency assistance is needed, call the police. If you have complaints or concerns about the security of the ATM, contact the operator of the ATM.

Federally Insured by NCUA