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RCUPAY TERMS OF SERVICE AGREEMENT
Personal Accounts Only

1. INTRODUCTION

Welcome to Redwood Credit Union’s RCUpay which is a person to person payment service. This agreement sets out the terms and conditions on which Redwood Credit Union (RCU) will provide, and you may use RCUpay. Please read this agreement carefully and keep a copy for your records, as this forms a legally binding agreement between you and RCU. Your use of RCUpay is also subject to the terms and conditions in your RCU Membership Account Disclosure and Online Banking Terms of Service Agreement, incorporated into this agreement by reference. By accepting this agreement and using RCUpay, you agree to these terms and conditions.

A. Definitions

For the purpose of this agreement, the following definitions apply:

  • “RCU”, “we” or “us” refers to Redwood Credit Union.
  • “You” and “your” refer to you as the account owner and user of person to person payments.
  • “RCUpay” is a person to person payment service
  • “Person to person” refers to the ability to send money to any person of your choice, Member or non-member, using only an email address or mobile (smartphone) number.
  • “Sender” refers to the RCU Member who initiates the funds transaction.
  • “Recipient” is the person designated by the sender to receive the funds.
  • Payment may also be referred to as “funds” or “money”
  • Payment(s) transaction may also be referred to as a transfer(s)

B. Governing Law

This Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent that there is no applicable federal law or regulation, by the laws of the State of California. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which RCU’s headquarters office is located.

C. Scope of Services

Upon approval, you may use RCUpay to make one-time transfers to other individuals, subject to the terms of this agreement. RCUpay is not a bill payment service and is not designed to be used as such. RCU reserves the right to deny your access to RCUpay, or any service associated with online banking, if you are in default of any agreement with RCU as outlined in your Membership Account Disclosure and Online Banking Terms of Service Agreement. If you wish to later cancel the RCUpay service, contact RCU – see the How to Contact Us section at the end of this Agreement.

D. Eligibility

To be eligible for RCUpay, you must be at least eighteen (18) years old, and be an RCU Member in good standing. Businesses are not eligible to use RCUpay. RCU reserves the right to revoke this service if, at any time, you no longer meet these eligibility qualifications.

E. Fees Related to RCUpay

  • Service fee:  We do not charge you a fee to use RCUpay. 
  • Overdraft fee: If we process a transfer in accordance with your instructions that overdraws your account with us, we may assess a fee for any such overdraft in accordance with the terms of your Membership Account Disclosure and Cost Recovery Schedule.
  • Other fees or charges you may incur: You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with RCUpay.
  • Changes: Fees are subject to change from time to time upon notice to you as may be required by law.

2. System Requirements

In order to access and use RCUpay, you must be enrolled in RCU online banking and meet the following hardware and software requirements:

  • Mobile: You must have a mobile device registered with RCU with Internet access. Please see RCU’s website for a current list of supported mobile device operating systems.
  • Online banking (PC or laptop) (if service is available): You must have a computer registered with RCU with Internet access. Please see RCU’s website to determine if this service is available and a current list of supported operating systems and scanner standards.

3. RCUPAY Process

A. RCUpay Process:

RCUpay may be used to complete one-time fund transfers to other individuals. To use RCUpay, you must log in to RCU Online through one of the following methods:

  • Mobile device: if using a mobile device you may log into RCU Online using our mobile application.       
  • Personal computer/tablet or similar computer device: If RCU makes the service available, you may log into RCU Online.

Once you have logged in and accessed RCUpay, you will be prompted to provide RCU your funds transfer instructions, including but not limited to:

  • The name of the individual the funds will be transferred to;
  • The dollar amount to be transferred;
  • Selection of the email or text message as the method you wish to use to initiate a notice to your recipient and the recipient’s email address or phone number; and
  • Selection of a passcode that will be required of the recipient to obtain their funds.

Once you have provided all required instructions and you submit the RCUpay transfer request, the funds will be debited from your account and the transaction cannot be canceled.  A notification will be sent to the recipient, who is responsible for following the instructions in the notification to retrieve the funds. As part of the retrieval process, the recipient must input the security passcode you have selected and which you must separately communicate to the recipient.

After the recipient has completed the instructions to retrieve the funds, RCU will transfer the funds to the recipient. If the recipient does not retrieve the funds within 10 days of notification, the transaction will expire and your funds will be deposited back to your account by the end of the 1st business day following the day the transaction expired. You agree you will not hold us liable for any damages resulting from a recipient's decision not to retrieve or accept the funds made through RCUpay.

Prior to completing an RCUpay transfer, please ensure that you have sufficient available funds to affect any money transferred from your accounts. If you withdraw the funds set aside for the RCUpay transfer prior to the transfer being completed, RCU reserves the right to either reject the transaction or pay the transaction by drawing your account into the negative.

You are required to review the transfer instructions you input and ensure the accuracy of the instructions. Any errors in instruction you provide could result in the transaction being delayed, failing to complete, or the funds being transferred to the wrong person. See Your Responsibility for Errors Section of this Agreement for more information.

B. Transaction Limits:

RCUpay withdrawals are subject to ongoing, rolling limits. Any limits displayed are listed as a courtesy, are not guaranteed, and may change at any time based on your recent account history and overall relationship with RCU. If a transaction exceeds your limit, your transfer will not be permitted to proceed with the transaction through RCUpay.

C. Processing Times

Once an RCUpay transfer request is submitted and a recipient has completed their process to retrieve the funds, the transfer will be completed within 1-3 business days. Our business days are Monday through Friday. Weekends and Federal holidays are not included. Transfers may be processed sooner if funds are transferred to another RCU account.

D. Limitations

All withdrawals through RCUpay must be made with available funds and are subject to the limitations specified in your Membership Account Disclosure. You agree not to effect any transfer from or to an account that are not allowed under US law and the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations. The RCUpay service is designed to send money within the United States. It is not an international or prepaid payment system.

RCU reserves the right to decline any RCUpay transfer we believe may violate applicable law.

E. Authorization

You authorize RCU to select any means RCU deems suitable to provide your transfer instructions to the recipient’s financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable payment systems including Automated Clearing House as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned it will be the property of RCU.

F. Responsibility for Errors

You understand RCU must rely on the transfer instructions provided by you and the recipient and you authorize us to act on any instruction which has been, or reasonably appears to have been sent by you and the recipient, to submit transfer instructions on your behalf. You understand financial institutions receiving the transfer instructions may also rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand if you or the recipient provide us with incorrect information, or if there is any error in your or your recipient’s instructions, RCU will make all reasonable efforts to reverse or delete such instructions, but you and your recipient accept full responsibility for losses resulting from any of your or your recipient’s errors, duplication, ambiguities, or fraud in the information that you provide.

If RCUpay transfer instructions identify an account holder by name and account number, the recipient’s financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree we have no responsibility to investigate discrepancies between names and numbers.

You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, RCU reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

In case of errors or questions about your payments, contact RCU immediately. Please see the “How to Contact Us” section at the end of this Agreement.

We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the account the funds are transferred to. Although we will try to assist you and your recipient in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you or the recipient may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements the recipient has with such financial institution, including any time limits during which complaints must be made.

G. Authorized Users

If you authorize another person to access your accounts through RCU Online and provide that person with your username and password or mobile device passcode, you are authorizing that person to use RCU Online to review all of your account information and make account transactions, including RCUpay transactions, regardless of any limits to which you and the authorized user have agreed. You are responsible for any transactions that person makes. RCU is not subject to agreements between you and other people limiting their use of your RCU Online access or RCUpay. For example, if you give your friend your username and password or mobile device passcode in May and tell her to use it to complete a single RCUpay transfer, and she later accesses your account in November and uses to transfer funds to herself, the November transaction is considered authorized by you.

If you authorize anyone to use your account in RCU Online in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying RCU and changing your username, passwords, and challenge questions immediately. You remain liable for any use of your username and password that occurs before you tell RCU to cancel them and RCU has a reasonable amount of time to act on such cancellation.

H. Texts and emails

By using RCUpay, you understand you will be initiating a mobile text message or email to the recipient using an automated system. You are responsible for obtaining the recipient’s consent for initiating the mobile text message or email address and agree you will not complete the transaction without the recipient’s consent.

I. Cancellation and Disputes

Once submitted, RCUpay transfers cannot be canceled. You understand you are fully responsible for authorized RCUpay transfers, even if you later change your mind or enter into a dispute with your recipient, such as for misrepresentations or failure to deliver promised goods or services. RCU strongly encourages you to only initiate RCUpay transfers with people you know and trust.

J. Personalization

As part of your use of RCUpay, you may have the ability to include personalized messages to the recipient. The personalized phrases you use in RCUpay may not contain any offensive or obscene language.

K. Disclosure of Account Information to Third Parties

We may disclose information to third parties about your account or the funds you send or receive:

  • As necessary to complete transactions;
  • In connection with the investigation of any claim related to your account or the funds you send or receive;
  • To comply with government agency or court orders, or other legal requirements.
  • In accordance with your written permission;
  • As otherwise permitted by the terms of our privacy notice.

L. Documentation

You may access a history of all RCUpay transfers through your transaction history displayed on RCU Online or on your account statement.

4. LIABILITY

A. Our Liability

If we do not provide the payment instruction on time, if we cause an incorrect amount to be removed from an account, or if we cause funds from an account to be paid to any account other than the account specified in the RCUpay payment instruction, we shall be responsible for returning the improperly paid funds and/or for directing any misdirected funds to the proper account. RCU is not responsible or liable if recipient financial institution’s system fails and we are unable to complete the payment. Except as otherwise required by law, RCU shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of RCU hereunder.

You agree your payment instructions constitute authorization for us to complete the payment. You represent and warrant to us that you have enough money in the applicable account to make any payment you request that we make on your behalf through RCUpay. You understand and agree we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the payment and the payment is not completed or is later reversed or if the recipient’s financial institution does not permit the transfer of the payment or the funds transfer would exceed the credit limit on any applicable overdraft line.

B. Limitation of Liability for Failure of RCUpay

RCUpay is generally available twenty-four (24) hours a day, seven (7) days a week, although the system may be unavailable from time to time for maintenance. If we do not complete a transaction on your account on time or in the correct amount according to our agreement with you, our sole responsibility for an error in a transaction will be to correct the error. You agree RCU shall not be responsible for property damage or loss, whether caused by the equipment, software, RCU, or by Internet access providers, online service providers or by an agent or subcontractor of any of the foregoing. Except as otherwise required by law, RCU or any service providers we use to offer RCUpay will not be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, RCUpay, Internet browser, or access software. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. RCU will not be liable for the following:

  • If, through no fault of ours, your account is inactive.
  • If you used an incorrect username and password or you have not properly followed any applicable computer or RCU user instructions for making transfer.
  • If your mobile device fails or malfunctions or RCUpay was not properly working and such problem should have been apparent when you attempted such transaction.
  • If circumstances beyond our control (e.g., fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction.
  •  If the funds in your account are subject to an administrative hold, legal process, or other claim.
  • If you have not given RCU complete, correct, and current instructions so RCU can process a payment.
  • There may be other exceptions stated in either this agreement or RCU’s Membership Account Disclosure.

C. Limitation of Warranty and Liability

Except as described in this Agreement or pursuant to applicable law, we will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from the use of or the inability to use RCUpay; any inaccuracy of any information or amount retrieved by us from the accounts; any breach of security caused by a third party; any transactions entered into based on RCUpay; any loss of, unauthorized access to or alteration of a user's transmissions or data; or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

5. Change in Terms

RCU reserves the right to change the terms under which RCUpay is offered at its sole discretion at any time; however, RCU will notify you of any material change to the terms. In most cases, you will receive the notice online the next time you log in; however, RCU reserves the right to notify you by email or by conventional mail, at its discretion. You agree that if you continue to use RCUpay after we notify you of any change, you thereby accept the changes to the terms and agree to be bound by this agreement, as amended. If you do not accept and agree to the changes to the terms, you will not be eligible to use RCUpay. You can review, download and print the most current version of this Agreement at any time through RCU Online Banking by clicking on "Documents.” If you do not agree to the changes, or if at any time you wish to discontinue your use of RCUpay, contact RCU directly using the “How to Contact Us” section at the end of this agreement.

6. Unauthorized Transactions

Your Liability for Unauthorized Use
Tell us AT ONCE if you believe your RCU Online username or password has been lost, stolen, or otherwise made available to an unauthorized person, or someone has paid or may pay money from your account without your permission. Please refer to the “How to Contact Us” section at the end of this disclosure for how to notify us. Notifying RCU immediately by phone is the best way to minimize losses. You could lose all the money in your account, plus your maximum overdraft line of credit if you fail to promptly report unauthorized RCU Online use.

If you believe your RCU Online username or password has been lost or stolen or otherwise made available to an unauthorized person, and you tell us within two (2) business days after you learn of the loss or theft, you will have no liability for unauthorized transactions.

However, if you DO NOT tell us within two (2) business days after you learn of the loss or the theft of your RCU Online username or password, and we can prove we could have stopped someone from using password without your permission.  

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost, if we can prove we could have stopped someone from taking the money had you reported it within the 60 day timeframe. That means you could lose all the money in your account plus your maximum overdraft line of credit.

If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the time periods.

7.  In Case Of Errors or Questions About Your Electronic Payments - Personal Accounts Only

If you believe an electronic payment (including RCUpay) shown on your statement is wrong, or if you need more information about a payment, contact us at the telephone number or address listed under the “How to Contact Us” section at the end of this Agreement. Please tell us all the information requested under the section entitled “What to Tell Us in Case of Any Error or Inquiry” at the end of this Agreement.

You must notify us no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared. If you tell us, in person or over the phone we may require that you send us your complaint or question in writing within ten (10) business days. We will provide you the results of our investigation within ten (10) business days (twenty [20] business days for new accounts) after you notify us and will correct any error promptly.  A “new account” is one open thirty (30) days or less.

If we need more time, however, we may take up to forty-five (45) days (ninety [90] business days for transactions involving foreign countries or new accounts) to investigate your complaint or question. If this applies to your situation, we will re-credit your account within ten (10) business days (twenty [20] business days for new accounts) for the amount you think is in error, so you will have 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 may not re-credit your account.

We will send you a written explanation of the results of our investigation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. If we decide to reverse a provisional credit, we will notify you, and will pay any items that overdraw your account for five (5) business days after we send you this notice without imposing an overdraft fee, but only to the extent the overdrafts are equal to or less than the amount of the provisional credit we deducted from your account. If any item overdraws your account by more than the amount of the provisional credit, you will be charged an overdraft fee. You agree to immediately restore to RCU the amount of any overdraft on your accounts.

What to Tell Us in Case of Any Error or Inquiry:

  • Your name;
  • Your Member (account) number;
  • Describe the error or the payment about which you are unsure;
  • Explain, as clearly as you can, why you believe there is an error;
  • The dollar amount;
  • The date on which the payment in question occurred; and
  • Your daytime telephone number.

8. MISCELLANEOUS

You agree to comply with all applicable laws, rules and regulations in relation to RCUpay. RCU makes no representation that content or use of RCUpay is available for use in locations outside the United States.

You agree not to use RCUpay or the content or information delivered through RCUpay in any way that would (a) infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve gambling, involve the sale of counterfeit or stolen items, or use RCUpay to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation; (d) be false, misleading or inaccurate; (e) create liability for RCU or its affiliates or cause RCU to lose (in whole or in part) the services of any third party providers; (f) be defamatory, trade libelous, threatening or harassing; (g) potentially be perceived as obscene or pornographic or contain child pornography or racially, ethnically or otherwise objectionable; (h) interfere with or disrupt computer networks or infect the computer networks with viruses; (i) interfere with or disrupt the use of RCUpay by any other party; (j) gain unauthorized entry or access into RCU’s computer systems; or (k) result in the resale or making of any commercial use of RCUpay.

RCUPAY AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING RCU’S EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, RCU CANNOT AND DOES NOT WARRANT THAT ALL DATA TRANSFERS WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS. YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER AND MOBILE DEVICE(S). NEITHER RCU NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.

9. Indemnity

You agree to indemnify, defend, and hold us harmless (by counsel of our choosing) from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of your use of RCUpay, any negligent or intentional action or inaction, and/or any breach of this Agreement. The parties agree that this paragraph shall survive the termination of this agreement.

10. How to Contact Us:

You may contact RCU as follows:

  • Email:
    • Secure Email: in online banking, click on the “Messages” option
    • General Email: www.redwoodcu.org - click on “Contact Us”
  • Phone: local - (707) 545-4000 or toll-free - 1 (800) 479-7928
  • Mail: Redwood Credit Union, PO Box 6104, Santa Rosa, CA 95406-0104

11. ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL

Please read this provision carefully. It affects your rights and may have a substantial impact on how legal claims you and we have against each other are resolved if you do not opt out as permitted below.

ARBITRATION
To the extent permitted by the Federal Arbitration Act (the “FAA”) and any other applicable federal law, binding arbitration may be elected by either party with respect to any past, present or future claim or controversy arising out of or relating to this Agreement and/or a Credit Union account, even if that party has already initiated a lawsuit with respect to a different claim. Arbitration is elected by giving a written demand for arbitration to the other party, by filing a motion to compel arbitration in court, or by initiating arbitration against the other party. You and we agree, upon such written demand, motion or initiation, to submit to, and that such claim shall be settled by, binding arbitration.

The arbitration will be subject to the Rules of the American Arbitration Association (“AAA”) in effect at the time the arbitration is initiated, or such similar rules as may be adopted by AAA. Neither party will demand the arbitration of an action filed in small claims court, or its state’s equivalent court, for any claim or dispute within the scope of the small claims court’s jurisdiction. But if a claim is transferred, removed or appealed to a different court, such claim shall be subject to arbitration.

This arbitration provision shall be interpreted and enforced in accordance with the FAA by a single arbitrator appointed by the AAA. The arbitrator shall be an attorney or retired judge with experience and knowledge regarding financial institutions and transactions.

We will advance and/or pay, as applicable, the fees and costs of the arbitration pursuant to this Agreement (i) if applicable law requires us to, (ii) if you prevail in the arbitration, or (iii) if we must advance such fees and costs in order for this arbitration provision to be enforced, subject to the arbitrator’s award, if any, of arbitration fees and costs to the prevailing party.

In each case, each party will pay for its own attorney fees and costs, if any, for prosecuting and defending claims, except that the arbitrator may award the prevailing party all its attorney fees and costs, including expert witness fees.

Arbitration hearings will be held in a location reasonably convenient to your residence, or at another location if mutually agreed. Any issue concerning whether or the extent to which a dispute or claim is subject to arbitration, including issues relating to the validity or enforceability of these arbitration provisions, shall be determined by the arbitrator. Only a court, and not an arbitrator, however, shall determine the validity and effect of the class action and jury trial waivers below. All statutes of limitations or other defenses relating to the timeliness of the assertion of a dispute or claim that otherwise would be applicable to an action brought in a court of law must be followed by the arbitrator, and the commencement of an arbitration under this Agreement shall be deemed the commencement of an action for such purposes. The arbitrator’s decision shall be final and binding and may be entered in any state or federal court having jurisdiction. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court. For more details, check the American Arbitration Association’s website, www.adr.org, OR call the American Arbitration Association’s Customer Service telephone number at (800) 778-7879.

Waiver of Class Action and Jury Trial
WE EACH AGREE THAT ANY AND ALL DISPUTES, WHETHER SUBMITTED TO ARBITRATION OR DECIDED BY A COURT, MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. YOU AND THE CREDIT UNION HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR THE CREDIT UNION WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT, TO THE FULLEST EXTENT ALLOWED BY LAW.

Your Right to Opt Out; Arbitration and Waiver of Class Action and Jury Trial
IF YOU DO NOT WANT THIS ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL PROVISION TO APPLY, YOU MAY OPT-OUT BY SENDING A WRITTEN REQUEST TO THE CREDIT UNION POSTMARKED WITHIN SIXTY (60) DAYS OF YOUR RECEIPT OF THIS AGREEMENT. THE OPT-OUT MUST INCLUDE YOUR FULL NAME, ADDRESS, TELEPHONE NUMBER, ACCOUNT NUMBER AND PERSONAL SIGNATURE, AND MUST BE MAILED TO REDWOOD CREDIT UNION, PO BOX 6104, SANTA ROSA, CA 95406. OPTING OUT WILL NOT TERMINATE THIS AGREEMENT OR AFFECT ANY OTHER RIGHTS AND OBLIGATIONS YOU OR THE CREDIT UNION HAVE UNDER THIS AGREEMENT.

This arbitration provision does not preclude you from bringing issues regarding your accounts to the attention of any federal, state or local agency or entity. Such agency or entity may be able to seek relief on your behalf.

Nothing in this arbitration provision shall limit your or our right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional remedies (including but not limited to, injunctive relief or interpleader relief). The exercise of such rights will not constitute a waiver of the right to submit any dispute to arbitration.

This Arbitration and Waiver of Class Action and Jury Trial provision shall survive your death, the closing of any of your accounts, the termination of any of your business or transaction(s) with us, and any bankruptcy filing to the extent consistent with applicable bankruptcy law, and shall also survive as to any claim within the scope of this Agreement.

If any term or provision of this Arbitration and Waiver of Class Action and Jury Trial provision is held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision.

Rev. 03/31/2017 Form #378