11.07.2015 Views

Member Services Agreement - NASA Federal Credit Union

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not have been paid if you had reported or stopped payment on it ina timely manner. You will notify us immediately if any confidentialinformation about your account is disclosed to an unauthorizedperson. You are responsible for any action or transaction involvingyour account made with the use of such information. If you reportany unauthorized action or transaction on your account, you willcooperate with us in our investigation of the claim and prepare anaffidavit and forgery report satisfactory to us. You also will file acriminal report against any suspected alleged wrongdoing. If you failto do so or if you enter into any settlement or restitution agreementwith a wrongdoer without our consent, you waive any claims againstus. We have a reasonable time to investigate any claimed loss and wehave no obligation to provisionally credit your account. Our maximumliability is the lesser of actual damages proved or the amount of theunauthorized withdrawals, reduced by an amount which could havebeen avoided had you exercised ordinary care. In no event will we beliable for special or consequential damages or for attorneys’ fees. Wewill not be liable for any orders that are forged or altered in such away that such forgery could not be reasonably detected.12. Death or Incompetence of an Owner or Authorized Signer. Youagree to notify us immediately regarding the death or court-declaredincompetence of any of you, including any owner or authorized signeron your account. Until we receive such notice in writing, we maycontinue to honor items drawn on your account by you, includingowner(s) and authorized signer(s). We may freeze, refuse, and reversepayments belonging to the decedent if any owner or authorizedsigner dies or is declared by a court to be incompetent at our solediscretion. Without liability, we may accept deposits payable to anowner or pay orders drawn by or on behalf of an owner who dieduntil we have actual notice of the death and have had a reasonableopportunity to act on that notice. We will require appropriate proofof death and proof of a claimant’s authority before releasing fundsin the account to a third party or otherwise taking direction from athird party regarding the account. We can require anyone who claimsfunds in your account after your death to indemnify us for any lossesresulting from honoring that claim.13. Statutory Lien/Right of Offset. <strong>Federal</strong> law gives us a lien againstall assets you have with us, including funds in your accounts, if you arein default on a financial obligation owed to us. We have the authorityto offset against your account at any time and without notice, for yourindebtedness to us. Any indebtedness of any one of you or all of you,whether individual or joint, direct or indirect, primary or secondary,now owing or hereafter owing, may be charged to any account in17

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