e-Teller Access Agreement

I. Introduction

This Online Access Agreement (“Access Agreement”) for accessing your Spirit of Alaska Federal Credit Union (Spirit of Alaska) accounts through e-Teller explains the terms and conditions governing the Online banking services and bill pay offered through e-Teller. By using the e-Teller services, you agree to the terms and conditions of this Access Agreement. This Online Access Agreement will be governed by and interpreted in accordance with Federal law and regulation, and to the extent there is no applicable Federal law or regulation, by the laws of the State of Alaska. The terms “we,” “us,” “our,” “Spirit of Alaska,” and “Credit Union” refer to Spirit of Alaska Federal Credit Union (Spirit of Alaska). “You” refers to each signer on an account. The term “business days” means Monday through Friday. Saturday, Sunday and Federal holidays are not included as a business day. The term “normal business hours” means Monday through Friday 10:00AM – 6:00PM, Saturday 10:00AM – 4:00PM.
e-Teller can be used to access Spirit of Alaska accounts. Each of your accounts at Spirit of Alaska is also governed by the applicable account disclosure statement (“Deposit Agreement and Disclosure”).

II. Accessing Your Spirit of Alaska Accounts through e-Teller

A. Requirements

To access your accounts through e-Teller, you must have a Spirit of Alaska account, e-Teller User ID and password.

B. e-Teller Mailbox Messages

Sending electronic messages through e-Teller is a way to communicate with the Credit Union. Your e-Teller mailbox is provided for you to ask questions about your account(s) and provide general feedback. Our message service can only be used within e-Teller and cannot be used to communicate with outside email addresses. The e-Teller Mailbox is accessible after you sign on with your password to a session of e-Teller. To ensure the security of your account information, we recommend that you use the Mailbox when asking specific questions about your account(s). You can use Mailbox messages to initiate/request transactions on your account(s). This may require our Call Center to contact you based on transaction type. For immediate banking transactions, please use the appropriate functions within e-Teller or call (907) 459-5900.

C. Fees

There are no monthly or transaction fees for accessing your account(s) through e-Teller. See Section IV for a description of Bill Pay fees. Please note that fees may be assessed by your Online service provider.

D. New Services

Spirit of Alaska may, from time to time, introduce new Online services. We will notify you of any new services. By using these services when they become available, you agree to be bound by the rules communicated to you concerning these services.

III. Terms and Conditions

The first time you access your Spirit of Alaska accounts through e-Teller you agree to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure.

A. Your e-Teller Password

You will be given an e-Teller Password that will give you access to your Spirit of Alaska accounts for e-Teller access. This password can be changed within e-Teller by going to Settings and then Profile. We recommend that you change your password regularly. Spirit of Alaska will act on instructions received under your password. For security purposes, it is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. It is recommended when done with your online banking session, that you completely logout of the system using the logout function within the online banking platform. Simply closing your browser during an active session is not recommended.

B. Payment Account

Although there are no fees for accessing your accounts through e-Teller, you may be asked to designate a payment account for selected services such as Bill Pay. You agree to pay promptly all fees and charges for services provided under this Agreement and authorize us to charge the account that you have designated as the payment account or any other account for the fees.
If you close the payment account, you must notify Spirit of Alaska and identify a new payment account for the selected services.
Your access may be canceled at any time without prior notice due to various reasons including but not limited to insufficient funds in one of your accounts, suspicious activity related to fraud, negligence, or any activity that increases risk for the credit union. After cancellation, e-Teller services may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Spirit of Alaska Member Services at (907) 459-5900.
If you do not access your Spirit of Alaska accounts through e-Teller for any (6) month period, Spirit of Alaska reserves the right to disconnect your service without notice. Please note that your bill payment information will be lost if you are disconnected.
You agree to be responsible for any telephone charges incurred by accessing your Spirit of Alaska accounts through e-Teller. If you wish to cancel any of the e-Teller services offered through e-Teller, please contact Spirit of Alaska Member Services at (907) 459-5900 or send us cancellation instructions in writing to Spirit of Alaska, 1417 Gillam Way, Fairbanks, AK 99701.

C. Our Liability

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Spirit of Alaska, OR by Internet browser providers such as Google Chrome, Mozilla Firefox, and Microsoft Edge. OR by Internet access providers OR by Online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Financial Services, or Internet browser or access software.

D. Overdrafts: Order of Payments, Transfers, Other Withdrawals

If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, e-Teller transfers and bill payments, etc.) that you have requested for a given business day, then:

1. Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and
2. The electronic funds transfers initiated through e-Teller may result in an overdraft of your account and may, at Spirit of Alaska’s discretion, be canceled.

In addition, you will be charged the same overdraft charges that apply to your account.

E. Hours of Accessibility

You can access your Spirit of Alaska accounts through e-Teller seven days a week, 24 hours a day. However, at certain times, some or all of e-Teller may not be available due to planned system maintenance. You will be notified on our website when this occurs.
A transfer initiated through e-Teller before 7:00 PM, Alaska time, on a business day is posted to your account the same day. All transfers completed after 7:00 PM, Alaska time, on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day.
Credit Union business days are Monday through Friday. Saturday, Sunday and Federal holidays are not included as a business day. Normal business hours are Monday thru Friday from 10:00AM to 6:00PM. Saturday from 10:00AM to 4:00PM.

F. Additional Terms and Conditions

Obtaining Account Balance and Transaction History – You can obtain balance and transaction history on all eligible accounts. Current balance and activity information is posted real time for PIN based transactions and E-Teller transactions. Signature based transactions can take up to 3 business days to post. Transactions which take place during daily scheduled system processing will be delayed until the next business day.
Transferring Funds – The number of transfers from a savings account is limited as described in the applicable Deposit Agreement and Disclosure. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

IV. Bill Pay Service

A. Using the Service

The Bill Pay payment service allows you to schedule bill payments using Bill Pay directly through e-Teller. You can schedule, at your option, for the payment of your current, future and recurring bills from any of your Spirit of Alaska checking accounts. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual through the use of Bill Pay.
By furnishing us with the names of payees/merchants, you authorize us to follow the payment instructions to these payee/merchants that you provide us through Bill Pay. When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your behalf from the funds in your selected checking account. When Spirit of Alaska receives a payment instruction, you authorize it to charge your checking account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. While it is anticipated that most transactions will be completed on the exact day designated, it is understood that due to circumstances beyond the control of Spirit of Alaska, particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.
Spirit of Alaska will employ its best efforts to process all your payments properly. However, Spirit of Alaska shall incur no liability if it is unable to complete any payments initiated by you through Bill Pay payment services because of the existence of any one or more of the following circumstances:

1. Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft protection account.
2. The Bill Pay processing center is offline and notification has been given prior to the execution of your transaction.
3. You have not provided Spirit of Alaska with the correct names or account information for those persons or entities to whomever you wish to direct payment.
4. Circumstances beyond the control of Spirit of Alaska, such as, but not limited to, fire, flood, or interference from an outside force that would prevent the proper execution of the transaction. Spirit of Alaska has taken reasonable precautions to avoid those circumstances.

You have the right to stop or change any scheduled payment as stated in your Bill Pay agreement.
Spirit of Alaska reserves the right to terminate your use of Bill Pay payment service in whole or part, at any time without prior notice.
If, for any reason, you should ever wish to cancel Bill Pay bill payment services, we recommend that you cancel all future bill payments at the same time that you cancel your service, either by deleting those payments yourself using Bill Pay or calling Check Free Customer Care Center at (855) 877-4165. This will ensure that future payments and transfers made by you will not be duplicated.

B. Bill Pay Charges

All members with a qualifying checking account may apply for the Bill Pay service. There is no monthly fee to use the Bill Pay service. You agree to pay any additional or special charges in effect as announced by the Credit Union or the Bill Pay service. Additional charges may include expedited payment services or stop payments. These charges are in addition to the fees and service charges specified in your applicable checking, savings, overdraft protection account agreements (for example, uncollected or overdraft charges on your checking account). If the payment account has insufficient funds to cover charges we will deduct the charges from any other checking account linked to e-Teller (in any order we may choose), or the Credit Union may, at their discretion, make the payment using your Courtesy Pay overdraft protection if applicable. If the charge cannot be paid, we may cancel your Bill Pay service. After cancellation, your Bill Pay service may be reinstated by contacting Spirit of Alaska Member Services once sufficient funds are available in your payment account to cover the bill payment charges and any other pending transfers or debits.

V. General Terms

A. Changes to Charges, Fees or Other Terms

We reserve the right to change the charges, fees or other terms described in this Agreement. However, when changes are made to any fees or charges, we will notify you Online, or send a notice to you at the address shown on record or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. You may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. Changes to fees applicable to specific accounts are governed by the applicable Deposit Agreement and Disclosure.

B. Disclosure of Account Information

You understand that in addition to information furnished pursuant to legal process, some information about your accounts may automatically be disclosed to others. For example, the tax laws require disclosure to the government of the amount of the interest you earn, and some transactions, such as certain large currency and foreign transactions, must be reported to the government. The Credit Union may also provide information about your account(s) to persons or companies the Credit Union believes would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, the Credit Union routinely informs a credit bureau when accounts are closed by the Credit Union because they were not managed properly. The Credit Union may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account. You authorize these transfers of information.

C. Questions or Error Correction on e-Teller Transactions

In case of questions or errors about e-Teller funds transfers through e-Teller involving your account, here are the steps you should take:
Contact Spirit of Alaska by one of the following methods:

1. Sending a message via e-Teller messaging.
2. E-mail at info@spiritofak.com.
3. Fax Spirit of Alaska at 907-459-5990.
4. Telephone Spirit of Alaska at (907) 459-5900 or toll free 800-478-1949 during business hours.
5. Write Spirit of Alaska at 1417 Gillam Way, Fairbanks, AK 99701, as soon as possible if you think your statement or transaction record is inaccurate, or if you need more information about a transaction listed on the statement or transaction record.

We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

1. Tell us your name and account number.
2. Describe the error or the transaction you are questioning and explain why you believe it is in error or why you need more information.
3. Tell us the dollar amount of the suspected error.

For a web bill payment, contact the Check Free Customer Care Center at (855) 877-4165.
Here’s what the Credit Union will do: We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international 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 ten (10) business days, we will not credit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation. If we do not complete a transfer to or from your Spirit of Alaska 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:

1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
5. If you, or anyone you allow, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly.
7. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
8. If you have not properly followed the instructions for using e-Teller.
9. If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.

D. Other General Terms

Other Agreements – In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement and Disclosure, the Credit Union’s rules and regulations, the rules and regulations of any funds transfer system to which the Credit Union belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also. Spirit of Alaska reserves the right to terminate this agreement and your access to e-Teller, in whole or in part, at any time without prior notice.

VI. Protecting Your Account

A. Preventing Misuse of Your Account – Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find a discrepancy between your records and ours, you must immediately call Spirit of Alaska Member Services at (907) 459-5900.
B. Protecting Personal Information – In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Spirit of Alaska Member Services at once at (907) 459-5900.

B. Unauthorized Transactions in Your Spirit of Alaska Accounts

Notify us immediately if you believe another person has improperly obtained your Online password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments).
To notify us, call Spirit of Alaska Member Services at (907) 459-5900, or write Spirit of Alaska, 1417 Gillam Way, Fairbanks, AK 99701. If your Online password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Online password without your permission to access a Spirit of Alaska deposit account.
If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500. Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

VII. Electronic Statements

By accepting the terms of this agreement, you consent to accessing your periodic statements electronically via the e-Teller website. You understand, prior to giving your consent that:

1. Your consent applies to bills, periodic statements, and notices regarding your deposit/share accounts or loans and lines of credit.
2. If you consent to receiving electronic statements, you still have the right to receive all required disclosures in paper or non-electronic form.
3. You must promptly provide us with the information (such as an email address) needed to communicate with you electronically and update us as to any changes in such information by contacting us at Spirit of Alaska Federal Credit Union, 1417 Gillam Way, Fairbanks, AK 99701. Business Days: Monday through Friday, Excluding Saturdays, Sundays and Federal Holidays. Phone: 907-459-5900

You can withdraw your consent at any time by calling us, but such a withdrawal of consent will result in possible assessment of fees on non-required disclosures.

Systems and Software

We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems. You agree to ensure your access device (computer, laptop, smart phone, tablet, etc.) is free from malicious software and tracking devices that could potentially access your personal information or account access credentials. Your device should have the most up-to-date operating system security patches, along with the most up-to-date anti-virus software. Except as specifically provided in this agreement or where the law requires a different standard, we will not be held liable for lost or stolen information from your access device.

VIII. Member Identity Verification via SMS/Text Messages

Thank you for using Spirit of Alaska FCU Verification Alerts combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 39872. To cancel, text “STOP” to 39872 at any time. In case of questions please contact Member Services at 907-459-5900 during normal business hours.

SMS/Text Messages Terms and Conditions

Spirit of Alaska FCU offers mobile access to authenticate a user over SMS for identify verification purposes. Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving a text message with a verification code which they will have to enter on the website. This program will be on-going. Message & Data rates may apply. Users will be allowed to opt out of this program at any time.
You may contact us 907-459-5900 during normal business hours or send a text message with the word “HELP” to 39872. To stop the messages from coming to your phone, you may opt out of the program via text message at any time. Simply text “STOP” to 39872. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
By participating in SMS/Text Verification Alerts, you are agreeing to the terms and conditions presented here. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile, U.S. Cellular, and Verizon Wireless.

IX. Remote Deposit Capture

This Agreement contains the terms and conditions for the use of Spirit of Alaska Remote Deposit Capture (RDC) services, which Spirit of Alaska Federal Credit Union (FCU) or its affi­liates (“Spirit of Alaska,” “us,” or “we”) may provide to you (“you,” or “User”).  Other agreements you have entered into with Spirit of Alaska, including the Depository Agreement and Disclosures governing your Spirit of Alaska account, are incorporated by reference and made a part of this Agreement.

1. Services

The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to Spirit of Alaska or Spirit of Alaska’s designated processor. There is currently no charge for this service.  Spirit of Alaska FCU reserves the right change the current pricing structure at any time.

2. Acceptance of these Terms

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, on our website(s) or on our mobile app by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Spirit of Alaska reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

3. Limitations of Service

When using the Services, you may experience technical or other diffi­culties. We cannot assume responsibility for any technical or other di­fficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

4. Eligible items

You agree to scan, and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Spirit of Alaska shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Alaska. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items that are remotely created checks, as defined in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items dated more than 6 months prior to the date of deposit.
i. Checks or items prohibited by Spirit of Alaska’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Spirit of Alaska account.

5. Image Quality

The image of an item transmitted to Spirit of Alaska using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

6. Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Services as “For mobile deposit at Spirit of Alaska FCU account number ” or as otherwise instructed by Spirit of Alaska. You agree to follow any and all other procedures and instructions for use of the Services as Spirit of Alaska may establish from time to time.  Failure to endorse the check property per our instructions is the member’s responsibility.  Spirit of Alaska reserves the right to reject any item specifically due to lack of proper endorsement, at any time and for any endorsement error reason created by the end user/member.

7. Receipt of Items

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Spirit of Alaska that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

8. Availability of Funds

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.  Spirit of Alaska FCU will hold the funds for up to seven business days from the date of deposit. In some instances, funds may be available sooner than seven business days based on such factors as credit worthiness, the length and extent of your relationship with Spirit of Alaska FCU and its affiliates, transaction and experience history, and such other factors as Spirit of Alaska FCU, in its sole discretion, deems relevant. Generally, if the funds from your deposit will be available later than the time shown above, Spirit of Alaska FCU will mail or deliver the notice as soon as practicable, but no later than the first business day following the day the facts become known to the depositary bank, or the deposit is made, whichever is later.

9. Disposal of Transmitted Items

Upon your receipt of a confirmation from Spirit of Alaska that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Spirit of Alaska as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Spirit of Alaska’s audit purposes.

10. Deposit Limits

We reserve the right to impose limits on the amount(s) or number of deposits that you transmit using the Services and to modify such limits from time to time. Hardware and Software: In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Spirit of Alaska from time to time. See Spirit of Alaska.com for current hardware and software specifications. Spirit of Alaska is not responsible for any third-party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.

11. Errors

You agree to notify Spirit of Alaska of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Spirit of Alaska account statement is sent. Unless you notify Spirit of Alaska within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Spirit of Alaska for such alleged error.

12. Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in Spirit of Alaska’s sole discretion subject to the Depository Agreement and Disclosures governing your account.

13. Ownership & License

You agree that Spirit of Alaska retains all ownership and proprietary rights in the Services, associated content, technology and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the eff­ect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anticompetitive manner, (ii) for any purpose which would be contrary to Spirit of Alaska’s business interest, or (iii) to Spirit of Alaska’s actual or potential economic disadvantage in any aspect. You may use the Services for personal and business account use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

14. DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

15. LIMITATION OF LIABILITY

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF Spirit of Alaska HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
16. User warranties and indemnification: You warrant to Spirit of Alaska that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit, negotiate, represent or otherwise transfer the original item.
e. All information you provide to Spirit of Alaska is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.

Other terms

You may not assign this Agreement. This Agreement is entered into in Fairbanks, Alaska, and shall be governed by the laws of the State of Alaska and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.