MasterCard® Debit/ATM Card Agreement 
and Electronic Services Disclosure 

Effective February 19, 2011 

This  Agreement  and  Disclosure,  as  amended  from  time  to  time,  sets  forth  the 
terms and conditions governing the use of the MasterCard Debit/ATM Card. In 
this Agreement, the words YOU, YOUR, and YOURS mean each and all those 
who  apply  for,  sign,  or  use  the  CARD.  WE,  US,  OUR,  and  OURS  mean  USE 
Credit Union. CARD means the MasterCard Debit/ATM Card issued to you, as 
well  as  any  duplicates  and  renewals  we  may  issue.  ACCOUNT  means  your 
MasterCard  Debit/ATM  Card  with  us.  PIN  means  a  personal  identification 
number used for added security with certain types of transactions. You agree to 
the following terms and conditions, and any amendments thereto. By requesting 
and receiving, signing, or permitting others to use a CARD issued to you by us, 
you agree, as the cardholder, to the following terms. 

Card Withdrawals: Use of the CARD, the account number on the CARD, the 
PIN,  or  any  combination  of  the three  for payments or  purchases or  to  obtain 
cash advances with merchants, financial institutions, or others who honor the 
CARD  (“card  withdrawals”)  is  an  order  by  you  for  the  withdrawal  of  shares 
from your share draft account. Each CARD  withdrawal by  you (or by anyone 
else to whom you give the CARD or the account number on the CARD) may 
be charged to your share draft account and will be treated as though it were a 
share draft withdrawal for purposes of the Share Draft Agreement except that: 

1. We may charge withdrawals to the share draft account in any order we 
determine,  and  if  shares  are  not  sufficient  to  cover  all  withdrawals,  we 
may pay CARD withdrawals and dishonor regular share drafts; and 

2. We will not honor stop payments on CARD withdrawals. 

the  CARD,  or  the  account  number  on  the  CARD,  may  not  be  liable  for  the 
refusal  or  the  inability  of  such  persons  or  terminals  to  honor  the  CARD  or 
complete a CARD withdrawal, or for their retention of the CARD. 

Lost or Stolen Card(s): If you believe the CARD, the account number, the PIN, or 
any combination of the three has been lost or stolen or that someone has transferred 
or  may  transfer  money  from  your  share  draft  account  or  other  accounts  without 
permission, you must immediately call us at 1-866-USE-4-YOU (873-4968). 

Foreign Transactions: Transactions made or processed in foreign countries will 
be  billed  to  you  in  US  dollars.  Conversion  to  US  dollars  is  determined  by  a  rate 
selected  by  MasterCard  from  the  range  of  rates  available  in  wholesale  currency 
markets for the applicable central processing date, which rate may vary from the 
rate MasterCard itself receives or the government-mandated rate in effect for the 
applicable  central  processing  date  plus  up  to  1  percent  currency  conversion  fee. 
The currency conversion fee will appear as a separate line on your statement for 
each transaction completed in a foreign country. 

Credit  Information:  You  authorize  us  to  investigate  your  credit  standing  when 
opening, renewing, or reviewing your account, and you authorize us to disclose 
information  regarding  your  account  to  credit  bureaus  and  other  creditors  who 
inquire about your credit standing, to the extent authorized by law. 

Termination: We may terminate this Agreement upon your default. Either you or we 
may terminate this Agreement for other good cause. In no event shall any termination 
relieve  you  of  your  obligation  to  repay  sums  already  borrowed,  periodic  FINANCE 
CHARGES, annual fees, overlimit charges, collection costs, and late charges, if any. 

Transaction  Slips:  Your  monthly  statement  will  identify  the  merchant, 
financial  institution,  or  electronic  terminal  at  which  CARD  withdrawals  were 
made, but sales, cash advance, credit, or other slips will not be returned with 
your statement. You will retain the copy of such slips furnished at the time of 
the  transaction  in  order  to  verify  your  monthly  statement.  We  may  make  a 
reasonable charge for photocopies of slips you may request. 

Delay  in  Enforcement:  We  can  delay  enforcing  any  of  our  rights  under  this 
Agreement without losing them. 

Governing  Law:  You  understand  and  agree  that  this  Agreement  is  made  in 
California and shall be governed by the laws of the State of California to the 
extent that California law is not inconsistent with controlling federal law. 

Overdrafts:  You  promise  to  reimburse  us  immediately  for  the  amount  of  any 
CARD withdrawal that we honor that cannot be paid out of the share draft account 
(or through an overdraft transfer, as provided for in the Share Draft Agreement). 

Consent  to  Agreement:  You  acknowledge  receipt  of  this  Agreement  by 
activating  the  CARD(S),  by  using  the  CARD(S),  or  by  authorizing  another  to 
use the CARD(S), and you agree to and accept its terms. 

Change  of  Terms:  This  Agreement  is  the  contract,  which  applies  to  all 
transactions on your ACCOUNT, even though the sales, cash advance, or other 
slips  you  sign  or  receive  may  contain  different  terms.  You  understand  that  we 
may amend, modify, add to, or delete from this Agreement any of its terms and 
conditions by mailing a notice of the change to you at your last known address. 
You also understand that any such notice will be mailed at least 21 days prior to 
the effective date of the change, as required by federal or other law. Notice of a 
change in terms is required, but may be sent as late as the effective date of the 
change when the change has been agreed to, in writing, by you. To the extent 
the  law  permits,  and  we  indicate  in  our  notice,  amendments  will  apply  to  your 
existing account balance, as well as to future transactions. 

Issuance of Personal Identification Number: Certain transactions will require the 
use of  a  Personal Identification  Number  (PIN) to  be used  in conjunction  with the 
CARD. This number will be issued to you shortly after you receive your CARD. This 
number  should  be  memorized.  If  you  forget  your  PIN,  contact  USE,  and  we  will 
issue you a new one. You are responsible for the safekeeping of your PIN. If you 
disclose your PIN to anyone, you understand and agree that you have given them 
access to your account and that you are responsible for any such transactions. You 
agree that you will not write your PIN on your card or otherwise make it available to 
anyone  else.  If  your  CARD  is  lost  or  stolen  with  the  PIN  number,  your  CARD 
privileges will be permanently revoked. 

Illegal Use of Card: Your CARD may not be used for any illegal transaction or 
in  an  illegal  manner  (e.g.,  Internet  gambling  transactions,  foreign  lottery 
purchases).  We  may  decline  to  authorize  any  transaction  that  we  believe 
poses an undue risk of illegality or unlawfulness. 

Electronic Fund Transfer: In the event a use of your CARD, or the account 
number on your CARD, constitutes an electronic fund transfer, the terms and 
conditions  of  your  electronic  fund  transfer  disclosure,  incorporated  herein, 
shall  govern  such  transactions  to  the  extent  your  electronic  fund  transfer 
disclosure expands or amends this Agreement. Your use of the CARD, or the 
account  number  on  your  CARD,  is  your  authorization  to  us  to  withdraw 
sufficient funds from your share draft account to cover such transactions. 

Surrender  of  Card(s):  The  CARD(S)  remains/remain  our  property  and,  if  we 
request, you must surrender to us any CARD(S) we have issued on your account. 

Limitations:  MasterCard  Debit/ATM  Card:  You  may  make  ATM  and  PIN-
based POS withdrawals up to $610 within each 24-hour period as long as your 
available  balance  will  cover  the transaction.  Your  available  balance  does  not 
include amounts available in your overdraft accounts. There is a $1,500 limit, 
per each 24-hour period, for signature based MasterCard transactions, as long 
as  your  available  balance  will  cover  the  transaction.  Your  available  balance 
includes any amounts available in your overdraft accounts. 

Limitations:  Premier  Checking  MasterCard  Debit/ATM  Card:  You  may  make 
ATM and PIN-based POS withdrawals up to $1,510 within each 24-hour period, as 
long  as  your  available  balance  will  cover  the  transaction.  Your  available  balance 
does not include amounts available in your overdraft accounts.  

There  is  a  $5,000  limit,  per  24-hour  period,  for  signature  based  MasterCard 
transactions, as long as your available balance will cover the transaction. Your 
available balance includes any amounts available in your overdraft accounts. 

Your  Liability:  Tell  us  at  once  if  you  believe  your  CARD  has  been  lost  or 
stolen. Unless, based on substantial evidence, it is determined that you were 
grossly  negligent in  the  handling of  the  ACCOUNT  or  CARD,  you  will  not  be 
liable for unauthorized use resulting from the loss, theft, or other unauthorized 
use of the CARD, account number on the CARD, the PIN, or any combination 
of the three. Failure to notify us within 2 business days of discovery of that loss 
may result in your partial liability for unauthorized transactions. 

Documentation: You will receive a receipt at the time you make a transaction 
at a terminal. You may, however, choose the option of suppressing the printing 
of a receipt at ATMs. When a receipt is provided, retain the receipt to compare 
with your monthly statement from the Credit Union. 

Fees: All fees and charges associated with our electronic fund transactions are disclosed 
in our Schedule of Fees and Charges. When you use an ATM not owned by us, you 
may be charged a fee by the ATM operator (or any network used), and you may be 
charged a fee for a balance inquiry even if you do not complete a fund transfer. 

Additional Benefits/Card Enhancements: We may, from time to time, offer 
additional services to your account. Some may be at no additional cost to you, 
and  others  may  involve  a  specified  fee.  You  understand  that  we  are  not 
obligated to offer such services and may withdraw or change them at any time. 

Refusal  to  Honor  Card:  Even  though  your  share  draft  balance  may  be 
sufficient  to  cover  a  requested  CARD  withdrawal,  you  recognize  that 
merchants,  financial  institutions,  electronic  terminals,  and  others  who  accept 

Collection  Costs:  You  agree  to  pay  the  Credit  Union  our  reasonable 
expenses,  including  court  costs  and  attorney’s  fees,  for  enforcing  our  rights 
under this Agreement. 

 
Access Cards: All CARDS are non-transferable and belong to the Credit Union. 
The  Credit  Union  may  cancel,  modify,  and  restrict  the  use  of  any  CARD  upon 
proper notice or without notice if your account is overdrawn or where necessary 
to maintain or restore the security of accounts on the electronic system. 

Our  Liability:  If  we  do  not  complete  an  electronic  transfer  to  or  from  your 
account on time or in the correct amount according to our Agreement with you, 
we  will  be  liable  for  your  loss  or  damages.  However,  there  are  some 
exceptions. We will not be liable, for instance: 

  If  through  no  fault  of  ours,  you  do  not  have  enough  money  in  your 

account to make the transfer. 

  If the transfer would go over the credit limit on your overdraft line. 

  If the transfer would exceed the transfer limitation of 6 per month. 

  If your account is subject to legal process or other claim. 

  If you use a damaged or expired access device or an access device that 

has been reported lost or stolen. 

  If the automated teller machine where you are making the transfer does 

not have enough cash. 

Who is Bound by this Agreement: Each person who requests electronic services 
from  USE agrees  to  be bound by  the  terms  and conditions of  this  Agreement.  If 
more  than  one  person  requests  such  services,  all  such  persons  are  jointly  and 
severally liable. We may waive or delay enforcement of our rights as to one person 
without affecting our liability to enforce our rights as to the others. This Agreement 
is also binding upon your heirs, personal representatives, and successors. 

Negative Credit Reporting: If you have requested that we issue you a card that can 
be used to access funds in your credit account, you are hereby notified that a negative 
credit  report  reflecting  on  your  credit  record  may  be  submitted  to  a  credit  reporting 
agency if you fail to fulfill the terms of your credit obligations pursuant to state law. 

Rules for Use: By using your CARD with your PIN at automated teller machines 
(ATMs) or other electronic terminals operated by a participating institution, network 
system,  or  company  (collectively  “terminals”),  you  authorize  us  to  effect  the 
transactions  from  or  to  your  savings  or  checking  account  in  accordance  with  the 
instructions given at the terminals. All CARD transactions are subject to the terms 
and conditions of your account Agreement with us governing the affected accounts. 

Transactions Available: You may use your CARD to:  

  Make deposits into your savings or checking account(s); 

  If the terminal or system was not working properly, and you knew about 

  Withdraw cash from your savings or checking account(s); 

the breakdown when you started the transfer or transaction. 

  If  circumstances  beyond  our  control  (such  as  fire  or  flood)  prevent  the 
transfer or transaction, despite reasonable precautions that we have taken. 

There may be other exceptions not specifically mentioned above. 

In Case of Errors or Questions about Your Electronic Transfers: Telephone us 
toll-free  at  1-866-USE-4-YOU  (873-4968),  or  write  us  at  P.O.  Box  881109,  San 
Diego, California 92168-1109, as soon as you can, if you think your statement or 
receipt  is  wrong  or  if  you  need  more  information  about  a  transfer  listed  on  the 
statement or receipt. We must hear from you no later than 60 days after we sent 
the FIRST statement on which the problem or error appeared. 

  Tell us your name and account number. 

  Describe the error or the transfer you are unsure about, and explain as clearly 
as you can why you believe it is an error or why you need more information. 

  Tell us the dollar amount of the suspected error. 

If you tell us orally, we may require that you send us your complaint or question in 
writing  within  10  business  days.  We  will  tell  you  the  results  of  our  investigation 
within  10  business  days  (20  business  days  for  new  accounts,  point-of-sale  debit 
card  transactions,  or  transactions  initiated  outside  of  the  United  States)  after  we 
hear from you and will correct any error promptly. If we need more time, however, 
we  may  take  up  to  45  days  (90  days  for  new  accounts,  point-of-sale  debit  card 
transactions,  or  transactions  initiated  outside  of  the  United  States)  to  investigate 
your complaint or question. If we decide to do this, we will credit your account within 
10 business days (20 business days for new accounts, point-of-sale transactions, 
or  transactions  initiated  outside  the  United  States)  for  the  amount  you  think  is  in 
error so that 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 do 
not  receive  it  within  10  business  days,  we  may  not  credit  your  account.  Your 
account is considered a new account for the first 30 days after the first deposit is 
made, unless each of you already has an established account with us before this 
account is opened. 

If we decide that there was no error, we will send you a written explanation within 3 
business  days  of  finishing  our  investigation  and  will  reverse  any  provisional  credit 
extended. You may ask for copies of the documents that we used in our investigation. 

Business  Days:  Our  business  days  are  Monday  through  Friday,  except  for  USE 
posted holidays. Our business hours are 8:00 a.m. to 6:00 p.m. PST each business 
day (branch office hours may vary). ATMs, electronic telephone banking, and Online 
Banking are open, but may not be accessible 24 hours a day, 7 days a week. 

Confidentiality:  We  will  disclose  information  to  third  parties  about  your 
account or the transfers you make: 

  When it is necessary for completing transfers, or 

 

 

 

In order to verify the existence and condition of your account for a 
third party, such as a credit bureau or merchant, or 

In order to comply with a government agency or court order, or 

If you give us your written permission. 

Address Change: Keep the Credit Union informed of your current address to 
insure correct mailing of monthly statements. 

Other  Agreements:  Except  as  stated  otherwise  in  the  Agreement,  this 
Agreement does not alter or amend any of the terms or conditions of any other 
Agreement you may have with the Credit Union. 

If  any  part  of 

Severability: 
to  be 
unenforceable, the remaining provisions of this Agreement shall remain in full 
force and effect. 

this  Agreement  should  be  held 

  Transfer funds between your savings and checking account(s); 

  Access your line of credit for loan advances; 

  Transfer funds from your line of credit to your savings or checking account(s); 

  Transfer funds from your savings or checking account(s) to your line of credit; 

  Make balance inquires;  

  Make PIN-based or signature-based payments for goods and services to 

others from your checking account; 

  Purchase stamps at available ATM machines and 

  Order  goods  or  services  by  mail  or  telephone  from  places  that  accept 

MasterCard debit cards. 

Transactions are authorized online, in real time. Some of the transactions listed 
above  may  not  be  available  at  all  terminals.  All  payments  and  deposits  are 
subject to subsequent verification by us. 

Your Billing Rights: This notice contains important information about your rights and 
responsibilities under the Fair Credit Billing Act. Keep this notice for future reference. 

Your  Rights  and  Our  Responsibilities  After  We  Receive  Your  Written 
Notice:  We  must  acknowledge  your  letter  within  30  days,  unless  we  have 
corrected the error by then. Within 90 days, we must either correct the error or 
explain why we believe the bill was correct.  

After we receive your letter, we will not try to collect any amount you question or report 
it as delinquent, but we may continue to bill you for the amount you question, including 
FINANCE CHARGES. We can apply any unpaid amount against your Credit Limit. 
You do not have to pay any questioned amount while we are investigating; however, 
you are still obligated to pay the portion that is not in question.  

If  we  find  that  we  made  a  mistake  on  your  bill,  you  will  not  have  to  pay  any 
FINANCE CHARGES related to any questioned amount. If we did not make a 
mistake,  you  may  have  to  pay  FINANCE  CHARGES,  and  you  will  have  to 
make up any missed payments on the questioned amount. In either case, we 
will send you a statement of the amount you owe and the date that it is due.  

If  you  fail  to  pay  the  amount  that  we  think  you  owe,  we  may  report  you  as 
delinquent. However, if our explanation does not satisfy you and you write us 
within  10  days  telling  us  that  you  still  refuse  to  pay,  we  must  tell  anyone  we 
report you to that you have a question about your bill. And, we must tell you 
the name of anyone we report you to. We must tell anyone we report you to 
that the matter has been settled between you and us when it finally is. 

1-866-USE-4-YOU (873-4968) 
www.usecu.org 

MC12 (2/11) 

© Copyright 2011 USE Credit Union