Your use of Online Banking is conditioned on your acceptance of all terms of this Online Banking Agreement and Disclosures (“Agreement”). You are currently viewing a page of the fmfarmcredit.com website (“myFMFC”). The myFMFC website is the property of Fresno-Madera Farm Credit, ACA, Fresno-Madera Federal Land Bank Association, FLCA and Fresno-Madera Production Credit Association (individually and collectively, “FMFC” herein).

This Agreement is a contract establishing the rules that cover your electronic access to your accounts at FMFC through FMFC Online Banking (“Online Banking”). By using Online Banking, you acknowledge that you have read and understand the contents of this Agreement,  which includes the terms of use (“Terms of Use”) set forth herein, and that you agree to be legally bound by it. Please read the agreement carefully. The terms and conditions of the agreements and disclosures for each of your FMFC accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and FMFC's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the other disclosures included on the FMFC website, constitutes the entire agreement between you and FMFC with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words “we,” “our,” “us” and “FMFC” mean Fresno- Madera Farm Credit, ACA, FLCA, PCA or ACA. “You” and “your” refer to the account holder authorized by FMFC to use Online Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Online Banking. “Account” or “accounts” means your accounts at FMFC. “Online Banking Services” means the various products and services provided pursuant to this Agreement. The products and services provided through Online Banking may change from time to time, and Services may be added or removed. “Business days” means Monday through Friday. Holidays are not included.

Internet Security Information - Our Online Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet, including multi-factor authentication (“MFA”). Rather than just asking for a username and password, MFA requires other credentials such as a code from the user’s smartphone or a call to the user’s known telephone number. Additional information on many of the techniques and features employed by the system can be viewed or printed from our website. In addition to our login security, we use TLS (transport layer security) encryption technology for everything done in the system. Your browser automatically activates this technology when it attempts to connect to our system, and it will support 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.

During your use of the Online Banking system, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the system, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted, and you must be re-enter the password. A new cookie is used for each session, so that no one can use the cookie to access your account.

Collection of Identifying Information

You understand and agree that in connection with accessing the Site, FMFC may collect, maintain and store such information to assist in verifying your identity and/or location which may include: IP address; user name or identification; screen resolution; time and date of inquiry, transfer, payment and/or transaction; time zone; device type; time spent; pages visited; browser type; cookies; flash objects and primary language conferred on computer (“Other Information”). Other Information collected from other means may include the following:

1. Browser. FMFC collects device type, screen resolution and browser type and version;
2. Cookies. Cookies are a small amount of text sent from a website to a visitor’s computer while using a website. FMFC collects information such as browser type, time spent, pages visited and language preferences through the use of cookies; and
3. Flash Objects. FMFC may use flash objects for online authentication so FMFC can recognize you and your device. FMFC collects information such as browser type through flash objects.

Use of Online Banking - Each time you use Online Banking, your use constitutes your continuing agreement to use Online Banking according to this Agreement and to be legally bound by all its terms, including those terms as they may change from your initial enrollment. If you do not agree, do not use or access this website or any pages of this website and exit the site immediately. You agree:

• To use Online Banking only for those accounts for which you have authorized access and use;
• To use Online Banking only in accord with this Agreement and applicable laws;
• To comply with any user requirements as they may be promulgated from time to time;
• To promptly pay all fees and charges that may apply to your use of Online Banking either now or in the future (presently, Online Banking is free); and
• To remain bound by the terms and conditions of all your loan documents, which will always control and may not be changed by any Online Banking transaction or without the express written consent of FMFC.

Certain special or custom loan products or services may not be available through Online Banking. If any transaction requiring prompt completion cannot be made or concluded through Online Banking, you must contact your local FMFC branch directly by telephone or in person during business hours.

Online Banking is provided as a privilege and convenience to FMFC customers. FMFC reserves the right to terminate the entire Online Banking program or access to any account at any time and without prior notice. FMFC also reserves the right to terminate Online Banking access privileges for any accounts applicable to a customer number if any account under that customer number becomes delinquent, is declared to be in default, becomes subject to litigation or other court proceedings, is restructured, or in FMFC's sole discretion is accessed as being in violation of applicable law or this Agreement. FMFC will make a reasonable attempt to notify you if your Online Banking access is terminated for any reason but is under no obligation to do so.

Registration Process - The service requires the customer to complete the initial registration process. This involves following the instructions on the FMFC website to complete the secure online enrollment form. The information on the form will identify everything we will need to enable the service. Once we verify the information you submitted for accuracy and authorizations, you will be notified when your account will be activated by phone, mail and/or email.

Access - To use Online Banking, you must have at least one loan account at FMFC, have access to Internet service and an email address. Once we have received your online enrollment form and verified your account information, we will send you email confirmation of our acceptance of your enrollment and you will be instructed how to complete the enrollment process. Initially, the Online Banking can be used to access only the FMFC accounts for which you are the primary borrower. You can add or delete any of your FMFC accounts from this Agreement by contacting FMFC. Access to your accounts through Online Banking will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the account holder.

Online Banking Services - You can use Online Banking to check the balance of your FMFC accounts and view FMFC account histories. Balance information is available as of approximately 7:00 a.m. Pacific Standard Time of the previous business day. Balances reflecting “memo” transactions that have occurred during the day are available at various times during the business day. “Memo” transactions are transactions that have occurred during the day but have not yet been processed.

Hours of Access - You can use Online Banking seven days a week, twenty-four hours a day, although occasionally some or all Online Banking services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Online Banking website.

Your Password - For security purposes, you are required to change your password upon your initial login to Online Banking. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly as a normal business practice and safeguard. Upon three unsuccessful attempts to use your password, your access to Online Banking will be revoked. To re-establish your authorization to use Online Banking, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper- and lower-case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down. You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify FMFC immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by FMFC or any other user of or visitor to the FMFC Website due to someone else using your user ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

Single Sign On - You may be given access to the Site from another FMFC website ("Original Environment") through a single sign on functionality ("SSO Functionality"). FMFC is making available to you SSO Functionality to permit you to use the same password and/or login credentials ("Credentials") to access the Original Environment and the Site. Together, the Original Environment and the Site will be referred to herein as the "Environments". Your use of the SSO Functionality is conditioned on your acceptance of these Terms of Use. You are responsible for obtaining all necessary rights to access and use the Environments via the SSO Functionality, and in ensuring compliance with your obligations hereunder and any agreements regarding your use of the Environments.

FMFC and any FMFC related entities (collectively, the “Farm Credit Entities”) make no representations or warranties regarding your right or ability to use or access any Environment via the SSO Functionality and do not represent or warrant that your use of any Environment via the SSO Functionality will be uninterrupted, error-free or will meet your requirements. You understand and agree that access to the Environments may be terminated or suspended by a Farm Credit entity and that the Farm Credit Entities will not be liable for any claims as a result of such termination or suspension. THE FARM CREDIT ENTITIES DO NOT MAKE AND EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO SSO FUNCTIONALITY AND THE ENVIRONMENTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT SSO FUNCTIONALITY OR THE ENVIRONMENTS WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY, OR WITHOUT DELAYS. You agree to (i) use the SSO Functionality and the Environments in accordance with all applicable laws; and (ii) keep your Credentials strictly confidential, take all actions reasonably necessary to prevent unauthorized access to or use of the Credentials, the SSO Functionality and the Environments and to promptly report to your FMFC representative any actual or suspected breach of the confidentiality or unauthorized access to the Credentials, the SSO Functionality and the Environments.

Proprietary Rights - FMFC and other third parties, where applicable, are the absolute owners of all intellectual property and rights applicable to this website and to Online Banking. You agree that this website contains proprietary trademarks, logos, data, text, information, programs, embedded features and materials (collectively called "Information") protected by copyright, trademark and other forms of ownership protection under the laws of the United States of America. Except as specifically authorized in this Agreement, you do not have permission to copy, use or republish in any form any Information found on this website. You are authorized to view the Information available on this website for personal use and informational purposes only, and you may create an electronic copy of the Information for your personal use. No part of the Information may be otherwise copied, reproduced or redistributed in any form without prior written consent from FMFC. You also agree that your right to use this website is derived solely from, and is expressly limited by, this Agreement. You agree not to assert any claim of ownership over the Information, including any software or data, based on your use.

Unless otherwise stated, FMFC does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its products and services. Any such postings to this website or email delivered to FMFC will be considered non-confidential and non-proprietary, and will remain, the exclusive property of FMFC. FMFC may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

Account Errors – Please contact us as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or 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; (3) Tell us the dollar amount of the suspected error. (4) Other information you believe is relevant or that FMFC may require to determine the nature of the error.  If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this and you are a Consumer, or the transaction involves a Consumer account, we will provisionally credit your account within 10 business days 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.

Security - You understand the importance of your role in preventing misuse of your accounts through Online Banking, and you agree to promptly examine the statement for each of your FMFC accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your password and Login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security; Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Online Banking, or email transmitted to and from us, will not be monitored or read by others.

Virus Protection - FMFC is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs and diskettes using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. FMFC disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this website.  While this website contains links to other websites we believe may be of interest to you, FMFC is not responsible for the functioning, content or accuracy of these linked sites, or the consequences of a visit to them.

Website Links and Embedded Third-Party Features and Content -The FMFC website contains embedded third-party features (such as market information, weather information and the payment calculator), articles and other material written by third parties that are non-affiliates of FMFC (collectively “Third Party Content”), and links and pointers to Internet sites, that are not maintained by FMFC (“Third-Party Sites”). Consequently, FMFC cannot be held responsible for the accuracy, relevancy, privacy policies, security, copyright compliance, legality, or decency of material contained on such Third-Party Content or Third-Party Sites. FMFC makes no warranties or representations regarding these Third-Party Content or Third-Party Sites or the information, materials, products or services offered by or on them. Links to Third-Party Sites and Third-Party Content are included solely for your convenience, and do not constitute any endorsement, recommendation, or the opinions of, FMFC. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to the Third-Party Sites. You assume sole responsibility for use of Third-Party Content and Third-Party Sites and the disclaimers set forth herein are equally applicable to such Third-Party Content and Third-Party Sites. By clicking on Third-Party Content and links to Third-Party Sites, you acknowledge that FMFC is not responsible for those features or sites. FMFC does not control the privacy or security practices of Third-Party Sites and you should read the privacy and security policies of the other features and sites, as their practices may differ from ours. In addition, any advice, opinions, or recommendations provided by the Third-Party Sites are those of the providers and not of FMFC. Your participation in any activity on a Third-Party Site, or utilization of any Third-Party Content, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the Third-Party Site.

Disclosure of Your Account Information - Consistent with our Security & Confidentiality Statement, FMFC will protect your account information and other confidential information provided through Online Banking. You agree that FMFC may disclose all or any portion of this information to its own employees, contractors, agents, affiliates, third party service providers, independent auditors, regulators, consultants or attorneys as needed (a determination within the sole discretion of FMFC) to provide, administer and monitor Online Banking and to carry out FMFC's responsibilities under this Agreement and all applicable law.

Electronic Funds Transfer – You may enable electronic funds transfers to and from your FMFC accounts by executing the separate ACH Services Agreement, which is an addendum to this Agreement. FMFC reserves the right to prohibit electronic funds transfers from certain FMFC accounts in its sole and exclusive discretion. When electronically transferring funds to and from your designated accounts, you agree to the following:

1. Funds Transfer Requests. You may submit funds transfer payment orders (“Requests”) in accordance with the terms and conditions of this Agreement. Subject to security procedures (set forth hereinafter), FMFC will execute funds transfers in accordance with Requests received in your name, whether such Requests are written, oral, telephonic, telegraphic, or via an automatic transfer device (fax), unless otherwise specifically agreed in writing. FMFC may choose the funds transfer mechanism to be used when acting upon your Request.

    

2. Security Procedures. The security procedures for email, telephonic or facsimile-initiated electronic funds transfers are as follows:

1. The person emailing/calling/faxing to request a transfer out of or into one of the accounts listed on the “Authorized Representative – Agent Access Form” must identify himself or herself by name and provide such additional identification information as requested by FMFC, prior to FMFC sending the payment order.
2. No funds transfer will be made out of or into any FMFC account if the name given by the person requesting the transfer is not authorized on the “Funds Transfer Authorization, Electronic Transaction Authorization - ACH Form” for that Account or the additional identification information requested does not match the identification information on file with FMFC.

    

   1. Security. You agree that FMFC’s security procedures are commercially reasonable. You agree that FMFC will use these procedures to verify the authenticity of a Request and to detect unauthorized Requests. If FMFC acts on a Request in compliance with the security procedures, then you will be obligated on the Request and it will be treated as your request, whether or not authorized by you. The security procedures may be changed by FMFC from time to time and your continued use of any modified security procedures will evidence your agreement that the modified security procedures are commercially reasonable.

       

      If a Request purports to have been transmitted or authorized by you, it will be determined effective as your Request and you will be obligated to FMFC for the amount of the Request, even though the Request was not authorized by you, provided FMFC acted in compliance with the security procedures described in this Agreement (or any other applicable agreement) with respect to the Request.

       

      You are responsible for maintaining the confidentiality of the security procedures, including any codes. You will notify FMFC immediately in the event you suspect that any security procedures used to verify the authenticity of a Request (including but not limited to any confidential code or password) has been or may be compromised or rendered ineffective.

       

      FMFC may, but is not obligated to, record electronically any telephone calls between FMFC and persons acting on your behalf and may keep these recordings for as long as FMFC wishes. You agree that these recordings, and any other messages (including email or facsimile messages) received by FMFC, will be treated as writings signed by you, and will control in the event of any discrepancy between these recordings or messages and your records.

       

   2. Payment to FMFC. Unless otherwise agreed to in writing, you must pay FMFC the amount of any funds transfer, plus any applicable fee, before FMFC will execute the Request. FMFC's funds transfer fees are subject to change.

       

       

   3. Acceptance and Execution of Requests. A Request is considered executed when FMFC executes it. A Request must be received by FMFC prior to FMFC's deadline for funds transfer requests, currently 2:00 P.M. local time of FMFC, but subject to change. A Request received after this time will be executed the next day (other than Saturday, Sunday, or legal holiday) that FMFC is open for business (a "Business Day").

       

       

      FMFC may reject a Request for any reason or for no reason, including insufficient available funds in the FMFC account specified in the Request, inability to verify the authenticity of the Request in accordance with applicable security procedures, or otherwise. FMFC will notify you by mail or phone if FMFC rejects a Request.

       

      You may not be able to amend or cancel a Request after the Request has been received by FMFC. FMFC may at its discretion use reasonable efforts to act on your request for amendment or cancellation but will not be liable if it does not do so. Furthermore, you will indemnify and hold FMFC harmless from any and all liabilities, costs and expenses FMFC may incur in its amendment or cancellation efforts.

       

      When a Request contains a name and account number, payment may be made by FMFC and/or by other financial institutions to which a Request is forwarded based solely on the account number even if the account number identifies a beneficiary different from the beneficiary named by you. You acknowledge that FMFC and other financial institutions to which a Request is forwarded may rely on any financial institution identification number supplied by you as a means to identify any other financial institution, even if the identification number does not belong to the financial institution named by you. Your obligation to pay the amount of the funds transfer to FMFC is not excused in such circumstances.

       

      You acknowledge that any Request executed by FMFC will be subject to rules and regulations applicable to payment orders, including record keeping and information transmittal requirements under the Federal Bank Secrecy Act and FCA regulations. You acknowledge and agree that FMFC may capture and transmit information regarding you (for example, your name, address and account number) and regarding any beneficiary (for example, beneficiary's name, address, other beneficiary identifiers, and beneficiary's account number) as part of the processing of a payment order. You agree to assist FMFC in connection with any requirements imposed on FMFC in fulfilling FMFC's obligations in this regard.

       

   4. Account Reconciliation. All funds transfers will be reflected on your periodic statement. You agree to notify FMFC promptly of any discrepancy between your records and the information shown on any such statement or report. If you fail to notify FMFC of any such discrepancy within 60 calendar days of receipt of a statement or report containing such information, you agree that FMFC shall not be liable for any other losses resulting from your failure to give such notice or any loss of interest with respect to a funds transfer that is or should have been shown.

       

   5. Funds Transfer Method. FMFC may use Fedwire, Automated Clearinghouse System (ACH), or any other means for transmitting a funds transfer. FMFC will not be responsible for failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond FMFC's control. In addition, FMFC shall be excused from failing to accept, execute or settle with respect to a Request if so to do would result in FMFC's having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in FMFC's otherwise violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. or state governmental regulatory authority.

       

   6. Disclosures regarding Credit Entries subject to Article 4a of The Uniform Commercial Code:
3. Requested transfers may be transmitted through the ACH Network;
4. Your rights and obligations concerning ACH transactions shall be construed in accordance with and governed by Article 4A of the Uniform Commercial Code, as adopted by the State of California;
5. Credit given by FMFC to you with respect to an ACH credit entry is provisional until FMFC receives final settlement for such entry through a Federal Reserve Bank. If FMFC does not receive such final settlement, you are hereby notified and agree that FMFC is entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the Originator of the entry) shall not be deemed to have paid you in the amount of such entry; and
6. Under the Operating Rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, FMFC is not required to give next day notice to you of receipt of an ACH item and FMFC will not do so. However, FMFC will continue to notify you of the receipt of payments in the periodic statements FMFC provides to you.

    

   1. Liability. FMFC will exercise reasonable care in processing Requests. You will exercise reasonable care in observing security procedures, examining statements and records, and initiating Requests. You are responsible for ensuring the accuracy of Requests, and FMFC has no duty to verify the accuracy of a Request, nor will it be liable for any losses or damages arising out of Requests that contain erroneous information.

       

      In no event shall FMFC be liable for any consequential, special, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement, including without limitation loss or damage from subsequent wrongful dishonor resulting from FMFC's acts or omissions pursuant to this Agreement. This limitation shall apply whether or not the likelihood of such losses or damages was known by either FMFC or you. You will be liable for any losses or damages resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent or dishonest acts by your current and/or former authorized agents (including any present or former Representative (defined hereinafter) or agent (whether actual or apparent), and instances where such an agent acted to the detriment of you). You agree to indemnify, defend and hold FMFC, its agents and employees harmless from negligence against any and all damages, liabilities, actions, and claims which result, directly or indirectly, in whole or part, from your negligence or fraud, including any Representative, agent or employee of yours, including any actions that are subsequently discovered to not have been authorized by you.

       

      Notwithstanding any other provision of this Agreement, FMFC shall not be liable for any loss, expense or delay caused by accidents, strikes, fire, flood, war, riot, electrical or mechanical failure, software, acts or omissions by you, or any other third parties (including but not limited to acts or omissions of any telephone or telecommunications carrier), acts of God or any other cause or causes which are beyond its reasonable control.

       

   2. Compliance with Laws. You acknowledge that the electronic funds transfer services contemplated under this Agreement may not be used in violation of, and that Requests initiated by you must comply with the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls.

       

       

   3. Notices. Instructions. Etc. FMFC shall be entitled to rely on any written notice, other written communication (including any optically imaged reproductions of a written communication), or any oral or telephonic communication believed by it in good faith to be genuine and, when in writing, to have been signed by your authorized representative designated in the “Authorized Representative – Agent Access Form” (the “Representative”), and any such communication shall be deemed to have been signed by such person. The names and signatures of authorized Representatives are set forth in the “Authorized Representative – Agent Access Form.” You may add or delete any authorized Representative by written notice to FMFC in form and substance satisfactory to FMFC. Such notice shall be effective on the second Business Day following the day of FMFC's receipt thereof, unless otherwise specifically agreed to by FMFC.

       

      Except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier, and, if to FMFC, addressed to:

       

      Fresno Madera Farm Credit

      4635 West Spruce Ave.

      P.O. Box 13069

      Fresno, CA 93794-3069

       

       

      and, if to you, to the address as provided by you on your account agreement, unless another address is substituted by notice delivered or sent to FMFC as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received.

       

   4. Optically Imaged Reproduction. FMFC may make an optically imaged reproduction of any or all documents and, at its election, destroy the original or originals. You consent to the destruction of the original or originals and agree that a copy of the optically imaged reproduction of any document will be the equivalent of and for all purposes will constitute an “original” document. For purposes of this section, “for all purposes” includes the use of the optically imaged reproduction (a) to prove the content of the original document at trial, mediation, arbitration or administrative hearing; (b) for any business purpose; (c) for internal or external audits and/or examination by or on behalf of Governmental Authorities; (d) in cancelling or transferring any document; and (e) in conjunction with any other transaction evidenced by the original document.

Mobile Remote Deposit Capture - Mobile remote deposit capture allows you to make deposits to your eligible FMFC accounts with us using your camera-enabled mobile device (i.e. mobile phone, tablet, flatbed scanner, or other device), capable of capturing check images and information, and electronically delivering the images and associated information through the mobile remote deposit capture software to us or our designated processor. The mobile device must capture an image of the front and back of each check to be deposited, including the magnetic ink character recognition line on each check, and such other information as required by this Agreement or applicable law.  Such other information includes, but is not limited to, certain technical information such as your IP Address, mobile device identifier, and may also include your longitude and latitude at the time the image is transferred to us.  The following terms and conditions govern your use of this service:

1. Limitations of Mobile Remote Deposit Capture. When using mobile remote deposit capture, you may experience technical or other difficulties. We cannot and will not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue mobile remote deposit capture, in whole or in part, or your use of mobile remote deposit capture, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using mobile remote deposit capture and to modify such limits from time to time.

    

2. Eligible Items. You agree to scan and deposit only checks (“Eligible Items”) as that term is defined in Regulation CC promulgated by the Board of Governors of the Federal Reserve System (“Reg CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in the State of California. You agree that you will not use mobile remote deposit capture to scan and deposit any checks or other items as shown below:
   • Checks or items payable to any person or entity other than you;
   • Checks or items drawn 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;
   • Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
   • Checks or items previously converted to a substitute check, as defined in Reg CC;
   • Checks or items drawn on a financial institution located outside the United States;
   • Checks or items that are remotely created checks, as defined in Reg CC;
   • Checks or items not payable in United States currency;
   • Checks or items dated more than 6 months prior to the date of deposit; or
   • Checks or items prohibited by our current procedures relating to mobile remote deposit capture or which are otherwise not acceptable under the terms of your Agreement.
3. Image Quality. The image of an item transmitted to us using mobile remote deposit capture must be legible. The image quality of the items must comply with the requirements established from time to time by us, the Board of Governors of the Federal Reserve System, or any other regulatory agency, clearing house or association. We shall not be liable to you for failure to process or improperly processing any item for which you have not provided an accurate and legible image, and we reserve the right to reject any deposit.

    

4. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through mobile remote deposit capture as “For mobile deposit only, Fresno-Madera Farm Credit, ACA,” or as we may otherwise instruct you. You agree to follow any and all other procedures and instructions for use of mobile remote deposit capture as we may establish from time to time.

    

5. Receipt, Security and Errors in Transmission. Use of the mobile remote capture service involves the electronic transmission of information across the networks of your wireless service provider and others that we do not operate or control. You accept the risk, and we bear no responsibility or liability, for the quality, privacy, security or act or actual delivery of wireless data transmissions, or the disclosure of information through such errors. We reserve the right to reject any item transmitted through mobile remote deposit capture, at our discretion. 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 us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

    

6. Disposal of Transmitted Items. Upon your receipt of a confirmation from us that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” to ensure that it is not re-presented for payment. You will need to properly shred and dispose of the item after a period of 30 days 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 us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for our audit purposes.

    

7. Returned Deposits. If an Eligible Item deposited through mobile remote deposit capture is dishonored, rejected or otherwise returned unpaid for any reason including insufficient funds, then you will receive an image, reproduction or substitute of the Eligible Item and we may set off the amount of the returned Eligible Item by debiting the account into which you deposited the returned Eligible Item or by transferring funds from another account held by you with us. Notifications of delayed availability or return of the deposit may not be available to you through mobile remote deposit capture and may be mailed or sent through other means deemed acceptable by us. You will be responsible for reimbursing us for all loss, cost, damage or expense related to the processing of the returned Eligible Item. You are prohibited from attempting to deposit or otherwise negotiate an Eligible Item through mobile remote deposit capture if it has been charged back to you. You are solely responsible for verifying the validity of an item returned as forged or counterfeit, and if you suspect that an item is forged or counterfeit then you must not deposit that item using mobile remote deposit capture.We are not responsible for detecting forged or counterfeit items that you deposit.

    

8. User Warranties and Indemnification. You warrant to us that:

• You will only transmit Eligible Items.
• Check images will meet the image quality standards set forth above.
• You will not transmit duplicate items.
• You will not deposit or represent the original item.
• All information you provide to us is accurate and true.
• You will comply with these terms and conditions and all applicable rules, laws and regulations.
• You agree to indemnify and hold us harmless from any loss for breach of these warranties.

Changes to This Agreement - FMFC reserves the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on this website. Generally, a change in terms will become effective 30 days after the date notice is posted on the website. You will not be required to click "Agree" after your initial enrollment into Online Banking. Your continued use of Online Banking after the effective date will be your agreement to be bound by this Agreement, as amended by the new terms. You should review these terms from time to time. If FMFC determines, in its sole discretion, that any change is needed immediately, FMFC will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by closing the Online Banking access to your account. If there exists a conflict between this Agreement and your Master Agreement for Cash Management and Transaction Services, the Master Agreement for Cash Management and Transaction Services controls.

Our Right to Terminate - You may not, for commercial or public purposes, copy, modify, upload, distribute, transmit, display, reproduce, transfer, resell, or republish any of the Content of this website without the prior written consent of FMFC, which consent may be withheld in FMFC’ sole discretion. Unauthorized use of the FMFC website and systems, including but not limited to unauthorized entry into FMFC  or Farm Credit Administration systems, misuse of passwords, or misuse of any information posted on this website is strictly prohibited and may subject you to prosecution. Your eligibility for particular products and services is subject to final determination by FMFC. FMFC reserves the right to terminate your access under this Agreement or the Online Banking program at any time for any cause or no cause and without prior notice. In the event FMFC decides to terminate this Agreement, FMFC will make a reasonable attempt to notify you provided that circumstances allow for notification and the time required.

Your Right to Terminate - You may cancel your Online Banking service at any time by providing us with written notice by email, postal mail or fax. Your access to Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. You may terminate this Agreement's applicability to your account(s) at any time, and without any fee or penalty, by closing your account's Online Banking access through this website and terminating your use of Online Banking.

Use of Email - You agree that the Online Banking can provide certain account information via email through the use of automated system notices (such as Q-Cards) and that, by enabling these notices, you authorize the release of such information via electronic means to the email address you have provided. You agree to notify us immediately of any change in your email address.

Communications between FMFC and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email -You can contact us by email at info@fmfarmcredit.com; (2) Telephone - You can contact us by telephone at any of  the numbers listed under the “Contact Us” tab of the FMFC website; (3) Postal Mail - You can write to us at the FMFC Mailing Address listed under the “Contact Us” tab of the FMFC website and (4) In Person - You may visit us in person at any one of our locations.

The email feature in the “Contact Us” section of this website may be used for general, non-urgent communications with FMFC and to request information. You should not use or rely on this email feature to transmit or request sensitive personal information such as account numbers or to provide time-sensitive notices. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We reserve the right to terminate e-mail services and or your use of the FMFC website if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex, sexual orientation or national origin. 

Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the FMFC Online Banking website or by email. You agree to notify us immediately of any change in your email address.

Indemnification - You agree to defend, indemnify and hold harmless FMFC and all officers, directors, members, employees, authorized representatives, agents, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, costs, liability and expenses, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising from or related to your violation of this Agreement or misuse of the Online Banking platform or this website, including such violation or misuses conducted by your employee or agent, if applicable.

No Claims Against Third Party Service Provider - You agree with FMFC and CoBank, ACB (“Service Provider”) that the Service Provider may consider you to be its customer solely for purposes of the money transmittal aspects of the Online Banking Service(s) that FMFC provides to you under this Agreement and for which the Service Provider provides services to FMFC, using accounts at the Service Provider in FMFC’s name and/or your name.  You also agree with FMFC and the Service Provider that you will not bring any claims, disputes, demands, actions, suits, or other litigation, arbitration, or other dispute resolution or administrative proceedings (collectively, “Claims”) against the Service Provider, and any Claims relating to the Service Provider’s acts or omissions will be brought directly against FMFC to the same extent as if FMFC had performed that portion of the Online Banking Service(s) itself.

Disclaimer of Warranties 

THIS WEBSITE IS PROVIDED BY FRESNO MADERA FARM CREDIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRESNO MADERA FARM CREDIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY, COMPLETENESS, FUNCTIONALITY OR TIMELINESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESNO MADERA FARM CREDIT DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. FRESNO MADERA FARM CREDIT MAKES NO WARRANTY THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM FRESNO MADERA FARM CREDIT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability 

IN NO EVENT WILL FRESNO MADERA FARM CREDIT OR REPRESENTATIVES THEREOF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE, ANY CONTENT OR FUNCTIONALITY CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY EMBEDDED THIRD-PARTY CONTENT, OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ONLINE BANKING FAILURE, EVEN IF FRESNO MADERA FARM CREDIT OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 

Binding Arbitration of Disputes - You and FMFC mutually agree that any disputes not satisfactorily resolved between the parties arising out of or related to this Agreement, or arising out of or related to Online Banking or any of its Services, including all actions and transactions made by or through Online Banking, shall be submitted to final and binding arbitration to be conducted in Fresno, California. Arbitration shall be conducted in accord with the Commercial Arbitration Rules of the American Arbitration Association unless the parties shall mutually agree to different rules or procedures. Each party shall bear its own costs connected with arbitration, and the parties shall comply promptly with any award or ruling of the Arbitrator. The prevailing party in arbitration shall have the right to enter, without contest by the other party, an order reflecting the Arbitrator's decision in any court of competent jurisdiction.

Governing Law - This Agreement is governed by and will be interpreted under the laws of the United States of America, including applicable federal laws, and the laws of the State of California, applicable to contracts executed and performed entirely in, and by residents of, that state.

Jurisdiction and Venue - You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in in the State of California in Fresno County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability - If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

No Waiver - A modification or waiver of any part of this Agreement shall not constitute a waiver or modification of any other portion of this Agreement.

Effective Date: March 18, 2021