Disclosures

Disclaimer:
¹Based on January 2015 Consumer Reports© ratings for mega and smaller traditional banks.

¹Savings example: A $300,000 mortgage at 4.00% has a monthly payment of $1,432.25 for 360 months. A $300,000 mortgage at 3.75% has a monthly payment of $1,389.35 for 360 months. Total savings over 12 month period is $514.80

²Example for how you get $5,400: A $245,000 loan at 4.00% has a monthly payment of $1,812.24 for 180 months. A $245,000 loan at 3.75% has a monthly payment of $1,781.69. Total savings over 180 months is $5,497.28.

Bridge loans are available in OH, FL, KY, NC, VA, MD, NJ, PA, IN, IL, GA, MO and TN. Third Federal Bridge Loans are available only to customers who are financing their new residence with Third Federal. There is a $595 closing costs that must be funded through the bridge loan upon closing of your loan. Borrowers are responsible for doc stamps, intangible taxes and other taxes, as required by the state. Product features are subject to change without notice.

*Chart examples based on 30-year term at 3.25% APR.

¹Before consolidation
HELOC: $150,000 balance at 4.00% APR over 360 months has a monthly payment of $716.12
Car loan: $22,000 at 3.00% APR for 60 months has a monthly payment of $395.31
Credit card: $5,000 at 4.00% has monthly payment of $200

¹After consolidation
Refinance: Example assumes mortgage was paid for 10 years and has balance of $137,476 at 3.00% APR over 360 months has a monthly payment of $579.60.

²Actual savings is $2,634.41. Savings example based on 30 year term. EXAMPLE: A $50,000 HELOC at 3.75% APR has a monthly payment of $231.56. A Third Federal HELOC with a $50,000 balance at 3.49% APR has a payment of $224.24.

Lowest Rate Guarantee

Third Federal will provide you with the lowest interest rate on a similar Home Equity Loan (HELOAN) offered by any properly licensed lender, or pay you $1,000. A similar HELOAN must be for the same subject property, term, initial or permanent rate period, loan amount, LTV requirements, lien position and prepayment or early termination policy, and the other lender’s HELOAN must have the same or a lower amount of fees or costs. All eligible Third Federal discounts will be applied to the rate prior to comparison to a competitor rate. The Lowest Rate Guarantee applies to second lien equity products only, and does not apply to first lien equity products. Requests can be submitted up to three business days prior to making application at Third Federal. Rate challenges will be accepted up to 10 days prior to loan closing. Competitor rate documentation must be submitted at the same time as the competitive rate adjustment request. Prospective HELOAN customers submitting a competitive rate adjustment request will receive a decision (approval or denial) as quickly as possible and usually within 24 hours.

Guarantee Program Eligibility

The Lowest Rate Guarantee offer applies to properties in select counties where Third Federal offers home equity loans (HELOANs). To be part of the Lowest Rate Guarantee program you must apply for a Third Federal Home Equity Loan beginning May 11, 2016.

For a fixed rate HELOAN, the Third Federal HELOAN will have a lower fixed interest rate when compared to another credible lender’s Firm Offer (as defined below). If it does not, Third Federal will either beat the other lender's fixed interest rate or pay you $1,000 (at Third Federal's discretion). A similar HELOAN must be for the same subject property, term, loan amount, LTV requirements, lien position and prepayment or early termination policy, and the other lender’s HELOAN must have the same or a lower amount of fees or costs. The Lowest Rate Guarantee applies to second lien equity products only and does not apply to first lien equity products.

For a variable rate HELOAN, the Third Federal HELOAN will have a lower initial fixed interest rate when compared to another credible lender’s Firm Offer. If it does not, Third Federal will either beat the other lender's initial fixed interest rate, or pay you $1,000 (at Third Federal's discretion). A similar HELOAN must be for the same subject property, term, initial rate period, loan amount, LTV requirements, lien position and prepayment or early termination policy, and the other lender’s HELOAN must have the same or a lower amount of fees or costs. The Lowest Rate Guarantee applies to second lien equity products only and does not apply to first lien equity products. Approved Lowest Rate Guarantee rate challenge adjustments will apply to the initial rate period only.

In addition, to be eligible for a rate reduction, or the $1,000, you must never have been a party in a foreclosure proceeding, given a deed in lieu of foreclosure, must never have declared bankruptcy, and your payment must be current if you have an existing Third Federal product.

How to Exercise the Guarantee

To receive a rate adjustment, you must provide proof of a Firm Offer from a credible lender of a lower rate on a similar HELOAN (the same subject property, term, initial rate period, loan amount, LTV requirements, lien position and prepayment or early termination policy, and same or a lower amount of fees or costs). Proof may be in the form of a competitive written offer, HELOC advertisement, email, competitive lender’s website pages, or other marketing materials displaying the competitor’s interest rate, APR, documentation of the property address if applicable, term product type, loan amount, closing costs and any other proof of product similarity deemed necessary by Third Federal. The competitor rate documentation and proof of product similarity must be dated the same or no more than three business days prior to the date of the competitive rate adjustment request. If the request is approved, to receive the rate adjustment, the prospective customer must apply for a HELOC within three business days of the rate adjustment request approval. Third Federal reserves the right to verify that the other lender's offer is accurate. No retroactive rate reduction will be made.

If Third Federal does not choose to provide you with the lower HELOAN rate and you close a HELOAN with the other lender based on the Firm Offer you used to exercise your Lowest Rate Guarantee challenge, Third Federal will pay you $1,000. To be eligible for the $1,000 you must mail a copy of the executed Note to Third Federal within 15 days of originating your loan with the other lender. Third Federal will mail you a $1,000 check within 30 calendar days of receiving the required documentation. The executed Note must be accurate and disclose that the HELOAN has the terms and conditions previously disclosed in the Firm Offer, and that the HELOAN meets the similar HELOAN and other eligibility requirements described above. Limit one $1,000 payment per household.

The terms and conditions for the Lowest Rate Guarantee program are subject to revision or revocation by Third Federal at any time without notice. A competitive rate adjustment approval is not an indication of credit approval; a borrower’s loan application may still be denied regardless of the competitive rate adjustment decision. Third Federal is not responsible for system failures, communication problems or connection and server problems, natural or man-made, failed, incomplete or delayed transmissions, technical malfunctions of telephone networks, computer equipment, system or software, computer time and date stamp mechanism, or any combination thereof, or other unforeseeable events beyond the control of Third Federal. Third Federal's own rate cannot be considered a competitive rate for competitive rate adjustment requests.

* A business day is any day Third Federal is open for retail customers. To find out where Third Federal offers home equity products, call 1-800-THIRD-FED or visit our website at thirdfederal.com.

Lowest Rate Guarantee

Third Federal will provide you with the lowest interest rate on a similar Home Equity Line of Credit (HELOC) offered by any properly licensed lender, or pay you $1,000. A similar HELOC must be for the same subject property, term, loan amount, LTV requirements, lien position and prepayment or early termination policy, and the other lender’s HELOC must have the same or a lower amount of fees or costs. All eligible Third Federal discounts will be applied to the rate prior to comparison to a competitor rate. The Lowest Rate Guarantee applies to second lien equity products only, and does not apply to first lien equity products. Requests can be submitted up to three business days prior to making application at Third Federal. Rate challenges will be accepted up to 10 days prior to loan closing. Competitor rate documentation must be submitted at the same time as the competitive rate adjustment request. Prospective HELOC customers submitting a competitive rate adjustment request will receive a decision (approval or denial) as quickly as possible and usually within 24 hours.

Guarantee Program Eligibility

The Lowest Rate Guarantee offer applies to properties in select counties where Third Federal offers Home Equity Line of Credit products (HELOCs), and only applies to variable rate HELOCs tied to the prime interest rate published in the Wall Street Journal and excludes all introductory and/or temporary variable or fixed rate interest rates, which are not applied for the life of the line of credit. To be part of the Lowest Rate Guarantee program you must apply for a Third Federal Home Equity Line of Credit beginning May 11, 2016.
When compared to another credible lender's Firm Offer (as defined below), the Third Federal HELOC will have a lower variable interest rate. If it does not, Third Federal will either beat the other lender's variable interest rate or pay you $1,000 (at Third Federal's discretion). A similar HELOC must be for the same subject property, term, loan amount, LTV requirements, lien position and prepayment or early termination policy, and the other lender’s HELOC must have the same or a lower amount of fees or costs. The Lowest Rate Guarantee applies to second lien equity products only and does not apply to first lien equity products.
In addition, to be eligible for a rate reduction or the $1,000 you must never have been a party in a foreclosure proceeding, given a deed in lieu of foreclosure, must never have declared bankruptcy, and your payment must be current if you have an existing Third Federal product.

How to Exercise the Guarantee

To receive a rate adjustment, you must provide proof of a Firm Offer from a credible lender of a lower rate on a similar HELOC (the same subject property, term, loan amount, LTV requirements, lien position and prepayment or early termination policy, and same or a lower amount of fees or costs). Proof may be in the form of a competitive written offer, HELOC advertisement, email, competitive lender’s website pages, or other marketing materials displaying the competitor’s interest rate, APR, documentation of the property address if applicable, term product type, loan amount, closing costs and any other proof of product similarity deemed necessary by Third Federal. The competitor rate documentation and proof of product similarity must be dated the same or no more than three business days prior to the date of the competitive rate adjustment request. If the request is approved, to receive the rate adjustment, the prospective customer must apply for a HELOC within three business days of the rate adjustment request approval. Third Federal reserves the right to verify that the other lender's offer is accurate. No retroactive rate reduction will be made.

If Third Federal does not choose to provide you with the lower HELOC rate and you close a HELOC with the other lender based on the Firm Offer you used to exercise your Lowest Rate Guarantee challenge, Third Federal will pay you $1,000. To be eligible for the $1,000 you must mail a copy of the executed Note to Third Federal within 15 days of originating your loan with the other lender. Third Federal will mail you a $1,000 check within 30 calendar days of receiving the required documentation. The executed Note must be accurate and disclose that the HELOC has the terms and conditions previously disclosed in the Firm Offer, and that the HELOC meets the similar HELOC and other eligibility requirements described above. Limit one $1,000 payment per household.

The terms and conditions for the Lowest Rate Guarantee program are subject to revision or revocation by Third Federal at any time without notice. A competitive rate adjustment approval is not an indication of credit approval; a borrower’s loan application may still be denied regardless of the competitive rate adjustment decision. Third Federal is not responsible for system failures, communication problems or connection and server problems, natural or man-made, failed, incomplete or delayed transmissions, technical malfunctions of telephone networks, computer equipment, system or software, computer time and date stamp mechanism, or any combination thereof, or other unforeseeable events beyond the control of Third Federal. Third Federal's own rate cannot be considered a competitive rate for competitive rate adjustment requests.
 
* A business day is any day Third Federal is open for retail customers. To find out where Third Federal offers home equity products, call 1-800-THIRD-FED or visit our website at thirdfederal.com.

OH, FL
Rates are subject to change. Variable APR of 3.74% is The Wall Street Journal’s Prime Rate, presently 4.75%, minus 1.01%. Homeowners insurance required. Borrowers are responsible for doc stamps, intangible tax, transfer tax, recording tax and mortgage tax, if applicable. Flood insurance required, if applicable. Maximum APR 18%. Maximum LTV 80%. 30-year term. A Third Federal HELOC (Home Equity Line of Credit) is available as a first or second lien on owner-occupied, primary residences and can be the only HELOC on your property. Minimum monthly payment is $100. Additional terms and conditions apply. Call one of our associates for additional information at 1-800-THIRD-FED (1-800-844-7333).

CA, CO, CT, DC, GA, IL, IN, KY, MA, MD, MO, NC, NH, NJ, NY, OR, PA, TN, VA, WA
Rates are subject to change. Variable APR of 3.99% is The Wall Street Journal’s Prime Rate, presently 4.75%, minus .76%. Homeowners insurance required. Flood insurance required, if applicable. Maximum APR 18%. Maximum LTV 80%. Borrowers are responsible for transfer tax, recording tax and mortgage tax, if applicable. 30-year term. A Third Federal HELOC (Home Equity Line of Credit) is available as a first or second lien on owner-occupied, primary residences and can be the only HELOC on your property. Minimum monthly payment is $100. Additional terms and conditions apply. Call one of our associates for additional information at 1-800-THIRD-FED (1-800-844-7333).  

¹Annual fee is $65, waived the first year.

²Home Equity Loans are available in OH, FL, KY, CA, PA, NJ, VA and NC. Auto pay (from TFS checking or statement savings account) or direct to loan payment (from another bank account) must be set up prior to closing in order to receive the lowest rate (.25% discount reflected in advertised rate)

³Savings example based on 15-year fixed rate home equity loan and a 5/1 Third Federal Home Equity loan. EXAMPLE: A $60,000 15-year fixed home equity loan at 6.15% / 6.0% APR has a payment of $498.25 per month. A Third Federal 5/1 15-year Home Equity Loan (HELOAN) of $60,000 at 4.79% / 4.13% APR is $467.94 for the first 60 months and adjusts to $445.75 for the remaining 120 months. 5/1 Adjustable Home Equity Loan initial discount rate reflects a reduction in effective rate until the first adjustment after the fifth year which resets annually to the Wall Street Journal's current Prime Rate, presently 4.75%, minus 1.00%.

Rate effective 5/1/18 and is subject to change. Max LTV 80%. Minimum loan amount $5,200. Maximum loan amount $150,000. A Third Federal Heritage Home loan is available as a first or second lien on owner-occupied primary residences. $395 fee. Heritage Home HELOAN available in participating cities in Cuyahoga County, OH. Income restrictions apply. Additional terms and conditions apply. Consult tax advisor on tax deductibility. The Heritage Home Program (SM) is the regional program of The Heritage Home Educational Society.

HomeReady Refinance and Purchase programs are available in select counties in OH and FL. Available for loan amounts between $10,000-$150,000 on owner-occupied residence, single family and two-family homes. In order to qualify for HomeReady programs, must meet certain income and geographic requirements. Minimum term is 72 months, maximum term is 360 months. Rates shown assume borrower uses autopay or ACH. Must apply by phone or in branch. Must complete online counseling course for loan to close for purchases. Additional counseling needed if loan is for two-family home. ¹Down payment assistance can be part of the 3% down but borrower must contribute a minimum of $1,000 towards down payment/closing costs ($3,000 minimum for a two-family home).² Borrowers must meet certain income, geographic and other requirements to qualify for down payment assistance. ³See conditions for Lowest Rate Guarantee Product features are subject to change without notice. 4 Prepaid card is given to you as a reward and no money has been paid by you for the card. Prepaid card is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. No cash access or recurring payments. Card valid for up to 12 months; unused funds will be forfeited at midnight EST the last day of the month of the valid thru date. Card terms and conditions apply, see MyPrepaidCenter.com/site/visa-promo.

*Actual savings is $5,291.98. Savings example based on 30 year term. EXAMPLE: A $50,000 HELOC at 4.25% APR has a monthly payment of $245.97. A Third Federal HELOC with a $50,000 balance at 3.74% APR has a payment of $231.27.

¹Consult your attorney for more information on real property ownership and real property rights.

²Consult advisor on tax deductibility

³Cost example based on 30 year term. EXAMPLE: A $200,000 fixed rate loan at 4.00% APR has a monthly payment of $954.83. A $200,000 fixed rate loan at 3.875% APR has a monthly payment of $940.47. Total cost difference is $5,168.31.

• These rates are available only with our automatic payment program.
• The interest rates, annual percentage rate (APRs) and discount points shown are subject to change without notice.
• The monthly payment amounts shown include mortgage insurance, if required. Your actual monthly payment will be higher if an escrow account is established or required.
• All stated payments include principal and interest only.
• Rates available on single-family, owner-occupied homes. Rates for OH, FL, KY, NC, VA, MD, NJ, PA, IN, IL, GA, MO, TN are available for purchases or refinances. Rates in all other Third Federal markets are available for refinances only.
• Your APR will vary based on your final loan amount and finance charges. APR with lower down payments and refinances may vary.
• Closing fees are estimated based on the information you have provided and may be subject to change.
• Construction permanent loans are available in OH and FL. There is a 1% fee on the loan amount of the construction perm loan or a .25% rate increase.
• Conventional rates (loan amounts up to $453,100) and APRs are based on a $165,000 loan amount, assuming 80% Loan to Value (LTV) based on appraisal or sale price, whichever is lower.
• Jumbo loan rates (loan amounts from $453,101 to $1,000,000) and APRs are based on a $460,000 loan amount, assuming an 80% LTV.
• Additional terms and conditions apply.

¹Example: A $200,000 mortgage at 4.00% has a monthly payment of $1,055.68 over 300 months. A $200,000 mortgage at 3.00% has a monthly payment of $948.42 over 30 months.

²Before consolidation
Mortgage: $300,000 with a balance of $150,000 at 4.00% APR over 360 months has a monthly payment of $716.12
Car loan: $22,000 at 3.00% APR for 60 months has a monthly payment of $395.31
Credit card: $5,000 at 4.00% has monthly payment of $200

²After consolidation
Refinance: Example assumes mortgage was paid for 10 years and has balance of $137,476 at 3.00% APR over 360 months has a monthly payment of $579.60

³Savings example: a $200,000 mortgage at 4.00% APR has a monthly payment of $954.83 over 360 months. A $200,000 mortgage at 3.75% APR has a monthly payment of $926.23 over 360 months.

• These rates are available only with our automatic payment program.
• The interest rates, annual percentage rate (APRs) and discount points shown are subject to change without notice.
• The monthly payment amounts shown include mortgage insurance, if required. Your actual monthly payment will be higher if an escrow account is established or required.
• All stated payments include principal and interest only.
• Rates available on single-family, owner-occupied homes. Rates for OH, FL and KY are available for purchases or refinances. Rates in all other Third Federal markets are available for refinances only.
• Your APR will vary based on your final loan amount and finance charges. APR with lower down payments and refinances may vary.
• Closing fees are estimated based on the information you have provided and may be subject to change.
• Conventional rates (loan amounts up to $453,100) and APRs are based on a $165,000 loan amount, assuming 80% Loan to Value (LTV) based on appraisal or sale price, whichever is lower.
• Jumbo loan rates (loan amounts from $453,101 to $1,000,000) and APRs are based on a $460,000 loan amount, assuming an 80% LTV.
• Additional terms and conditions apply.
• Borrowers are required to pay doc stamps, intangible tax and other taxes, if applicable, on low cost mortgages and standard cost mortgages.

For the adjustable rate examples below, the APR, interest rate and monthly payments may increase after consummation of the loan due to market-driven changes to the index. Please refer to the following examples of 30-year Smart Rate Adjustable Mortgages and 15-year Smart Rate Adjustable Mortgages with a $165,000 loan amount, assuming a 20% down payment. 3/1 Smart Rate Adjustable Mortgage rates are subject to increase after 3 years. 5/1 Smart Rate Adjustable Mortgage rates are subject to increase after 5 years.

Additional Information about the 3/1 Smart Rate Adjustable Mortgage Standard Closing Costs

• 30 YEAR EXAMPLE for 3/1 Smart Rate Adjustable Mortgage, 2.65% Interest Rate, 3.40% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 360 monthly installments. There will be a payment of $664.89 during the first 36 months and the payment would adjust to $734.21 for the remaining 324 months. Initial discount rate for the 3/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the third year.
• 15 YEAR EXAMPLE for 3/1 Smart Rate Adjustable Mortgage, 2.65% Interest Rate, 3.33% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 180 monthly installments. There will be a payment of $1,111.89 during the first 36 months and the payment would adjust to $1,166.69 for the remaining 144 months. Initial discount rate for the 3/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the third year.

Additional Information about the 3/1 Smart Rate Low Cost Adjustable Mortgage- $295 Closing Costs

• 30 YEAR EXAMPLE for 3/1 Smart Rate Adjustable Mortgage, 2.99% Interest Rate, 3.40% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 360 monthly installments. There will be a payment of $694.76 during the first 36 months and the payment would adjust to $736.97 for the remaining 324 months. Initial discount rate for the 3/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the third year.
• 15 YEAR EXAMPLE for 3/1 Smart Rate Adjustable Mortgage, 2.99% Interest Rate, 3.33% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 180 monthly installments. There will be a payment of $1,138.67 during the first 36 months and the payment would adjust to $1,1171.89 for the remaining 144 months. Initial discount rate for the 3/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the third year.

Additional Information about the 5/1 Smart Rate Adjustable Mortgage Standard Closing Costs

• 30 YEAR EXAMPLE for 5/1 Smart Rate Adjustable Mortgage, 3.24% Interest Rate, 3.49% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 360 monthly installments. There will be a payment of $717.19 during the first 60 months and the payment would adjust to $737.57 for the remaining 300 months. Initial discount rate for the 5/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the fifth year.
• 15 YEAR EXAMPLE for 5/1 Smart Rate Adjustable Mortgage, 2.94% Interest Rate, 3.33% APR, 1.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 180 monthly installments. There will be a payment of $1,1134.70 during the first 60 months and the payment would adjust to $1,165.37 for the remaining 120 months. Initial discount rate for the 5/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the fifth year.

Additional Information about the 5/1 Smart Rate Low Cost Adjustable Mortgage- $295 Closing Costs

• 30 YEAR EXAMPLE for 5/1 Smart Rate Adjustable Mortgage, 3.59% Interest Rate, 3.55% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 360 monthly installments. There will be a payment of $749.24 during the first 60 months and the payment would adjust to $742.06 for the remaining 300 months. Initial discount rate for the 5/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the fifth year.
• 15 YEAR EXAMPLE for 5/1 Smart Rate Adjustable Mortgage, 3.29% Interest Rate, 3.40% APR, 3.50% Fully Indexed Rate, 0 points: A $165,000 mortgage loan will be paid in 180 monthly installments. There will be a payment of $1,162.61 during the first 60 months and the payment would adjust to $1,174.26 for the remaining 120 months. Initial discount rate for the 5/1 Smart Rate reflects a reduction in effective rate until the first adjustment after the fifth year.

Additional information about Fixed Rate Mortgages Standard Closing Costs

• 30 YEAR EXAMPLE 30 year fixed rate mortgage, 0 points, 4.09% Interest Rate, 4.18% APR. A $165,000 mortgage will be paid in 360 monthly payments of $796.33
• 15 YEAR EXAMPLE 30 year fixed rate mortgage, 0 points, 3.44% Interest Rate, 3.60% APR. A $165,000 mortgage will be paid in 360 monthly payments of $1,174.71
• 10 YEAR EXAMPLE 30 year fixed rate mortgage, 0 points, 2.99% Interest Rate, 3.21% APR. A $165,000 mortgage will be paid in 360 monthly payments of $1,592.50

Additional information about Fixed Rate Mortgages – $295 Closing Costs

• 10 YEAR EXAMPLE 30 year fixed rate mortgage, 0 points, 3.39% Interest Rate, 3.43% APR. A $165,000 mortgage will be paid in 360 monthly payments of $1,623.13

License Information

The NMLS (Nationwide Mortgage Licensing System & Registry) ID Number for Third Federal Savings and Loan is 449401. If you would like more information about NMLS or would like to look up the NMLS ID Number for one of our mortgage loan originators, please go to the Nationwide Mortgage Licensing System & Registry website at: www.nmlsconsumeraccess.org

*Home Equity Loans are available in OH, FL, KY, CA, PA, NJ, VA and NC.

Purchase Mortgage Lowest Rate Guarantee Rules

Lowest Rate Guarantee

Third Federal will provide you with the lowest purchase mortgage rate on a similar mortgage of any licensed lender or pay you $1,000. A similar mortgage must be for the same property, term, product type, discount points, mortgage loan amount, and loan to value with the same or lower total closing costs and APR. Requests can be submitted up to three business days prior to making application at Third Federal. Competitor rate documentation must be submitted at the same time as the competitive rate adjustment request. Prospective purchase mortgage customers submitting a competitive rate adjustment request will receive a credit decision (approval or denial) as quickly as possible and usually within 24 hours.

Eligibility*

The Lowest Rate Guarantee offer applies to properties in select counties where Third Federal offers purchase mortgages. When presented with a competitor lender's lower fixed rate (as defined below) or lower initial rate on an adjustable rate mortgage, Third Federal will beat the competitor’s rate or pay you $1,000. The competitor's mortgage must have the same subject property, term, product type including mortgage insurance requirement, discount points, loan amount, and loan to value with the same or lower closing costs and APR. Guarantee applies to first lien purchase mortgage products only and does not apply to second lien products, mortgage rates on bank owned properties, mortgage rates available only on specific properties or at specific sites, refinance mortgages, investment properties, second/vacation homes, or loan amounts over $1,000,000.The guarantee only applies to properties within the counties described above. Third Federal reserves the right to verify that the competitor lender's rate offer is accurate and will determine the accuracy of the competitor lender’s rate offer at its sole discretion. When a competitive rate adjustment request is made on a 240 day extended rate lock at the time of application at Third Federal, the competitor rate lock must be for at least 240 days. When a competitive request is taken after application on an existing TFS 240 day commitment, the number of days remaining on the competitor rate lock must be greater or equal to the remaining number of days left on the TFS rate lock. Additionally, other terms of the 240 day rate lock product must still be met, including: the loan change fee must be paid and the 1% commitment fee forfeited; or the borrower can pay the loan change fee and accept a ¼ % rate bump above the competitive rate. If the competitive rate adjustment request is presented before the commitment fee is collected, Third Federal will only collect the loan change fee.  The borrower will not be required to forfeit the 1% fee or incur the rate bump.  The borrower must pay the commitment fee within 5 days of loan approval.

How Does The Lowest Rate Guarantee Work

To receive a rate adjustment, you must submit the competitive mortgage Loan Estimate, purchase mortgage advertisement, email, website pages, or other marketing materials displaying the competitor’s interest rate, APR, documentation of the property address if applicable, term, product type, discount points, mortgage loan amount, closing costs and any other proof of product similarity deemed necessary by Third Federal. The competitor rate documentation and proof of product similarity must be dated the same or no more than three business days prior to the date of the competitive rate adjustment request. If the request is approved, to receive the rate adjustment, the prospective customer must apply for a purchase mortgage or preapproval within three business days of the rate adjustment request approval. If applying for a full closing cost loan, the application deposit must be paid within seven days of the time of application. Applicants may submit a rate adjustment request within seven business days of completing a purchase mortgage application without being required to pay a loan change fee. If the competitive rate adjustment request is submitted more than seven business days after application, if approved, the applicant will be required to pay the customary loan change fee to receive the rate match. Applicants may submit a competitive rate adjustment request up to 10 days prior to loan closing. Competitive rate adjustment requests can be submitted free of charge anytime on preapprovals. If Third Federal is unable to provide you with the lower mortgage rate and you close the loan with the competing lender on the quoted terms and time frame, Third Federal will pay you $1000. Third Federal reserves the right to verify that the other lender's offer is accurate.

To be eligible for the $1000 you must mail to Third Federal a copy of the Final Closing Disclosure and the executed Note within 15 calendar days of closing your loan with the other lender. Third Federal will mail you a $1000 check within 30 calendar days of receiving the required documentation. The Final Closing Disclosure and the executed Note must disclose that the loan closed with the same rate, terms, conditions, including rate lock expiration period, and product similarity as previously disclosed in the documentation provided by the borrower at the time of the competitive rate adjustment request. Third Federal, in its sole discretion, will make all determinations of eligibility and qualification for competitive rate adjustments and for payment of this Guarantee. The Lowest Rate Guarantee program is subject to revision or revocation by Third Federal at any time without notice.  A competitive rate adjustment approval is not an indication of credit approval; a borrower’s loan application may still be denied regardless of the competitive rate adjustment decision. Third Federal is not responsible for system failures, communication problems or connection and server problems, natural or man-made, failed, incomplete or delayed transmissions, technical malfunctions of telephone networks, computer equipment, system or software, computer time and date stamp mechanism, or any combination thereof, or other unforeseeable events beyond the control of Third Federal. Third Federal's own rate cannot be considered a competitive rate for competitive rate adjustment requests. The Lowest Rate Guarantee program excludes all subordinated-lien loans. Requests for competitive rate adjustments will not be permitted after periods when the U.S. ten year treasury changes by more than .20% over any two consecutive day period as published in the Wall Street Journal. The Lowest Rate Guarantee program is limited to Third Federal retail distribution channels only.

* A business day is any day Third Federal is open for retail customers except Saturdays. To find out where Third Federal offers purchase mortgages call 1-800-THIRD-FED or visit our website at thirdfederal.com.

Limited On-Time Closing Guarantee

Third Federal Saving and Loan will guarantee on-time closings for purchase mortgages closing 30 calendar days (45 days for loans involving down payment assistance) or more after mortgage application with Third Federal. The purchase mortgage application date equals the customer requested conversion date to a full application on approved preapprovals, the date the customer’s credit information was pulled from the credit bureau on branch or telephone applications, or the date the customer submits the online application. Eligible purchase mortgage customers whose loans do not close on or before the guaranteed date will receive a payment of $500. Payment will be in the form of a check and mailed to customer within 30 to 60 days of closing. Payment may be considered taxable income; customers should consult their tax adviser. Generally, the payment is only available if Third Federal causes the closing delay. See eligibility requirements below.

Eligibility

The on-time closing guarantee offer applies to Third Federal purchase mortgages for properties in select counties of Ohio, Florida, Kentucky, Illinois, Indiana, Georgia, North Carolina, Pennsylvania, Missouri, Tennessee, Maryland, New Jersey, and Virgina. These counties are defined as any county that contains a Third Federal branch office or is in a county that is adjacent to a county that contains a Third Federal branch office.  The purchase mortgage must be in first lien position. The property must be owner-occupied; investment properties are not eligible. Refinance mortgages, construction permanent mortgages, and extended rate lock mortgages (mortgages with rate locks and closing dates greater than 60 days) are not eligible. Borrower must submit all income documents, employment documents, tax returns and financial statements within 14 days of application submission. Appraiser must be granted timely access to appraise property. Borrower must present purchase contract with closing date at time of application or preapproval conversion. The following will nullify the On-Time Closing Guarantee: any borrower requested change to closing date after application or preapproval conversion; any borrower requested product, term, or rate revision; any purchase contract addendum. Applicants receiving any notice of incomplete (NOI) or accepting counteroffers in lieu of application denial will not be eligible. Notice of incompletes may occur, but are not limited to, applications where income, employment or asset documentation or proof of homeowners or flood insurance is not received from the borrower in a timely fashion (usually within 14 days of application submission) or where an independent appraiser, determined by Third Federal, is not given access to appraise the subject property in a timely fashion.  The program is void for denied applications. Employees of Third Federal and their immediate families (spouse, parents, children, siblings, and/or those living in the same household of each) are not eligible. Void where prohibited by law. By accepting payment, borrower agrees that Third Federal and its affiliates, subsidiaries, suppliers, advertising and promotion agencies, and each of their respective officers, directors, agents and employees will have no liability or responsibility for any claims arising from, or in connection with, participation in this program or with acceptance of this payment. Delays in closing due to natural disasters, system failures, communication problems or connection and server problems, natural or man-made, failed, incomplete or delayed transmissions, technical malfunctions of telephone networks, computer equipment, system or software, computer time and date stamp mechanism, or any combination thereof, or other unforeseeable events beyond the control of Third Federal nullify the On-Time Closing Guarantee. Third Federal in its sole discretion will make all determinations of eligibility and qualification for payment. The On-Time Closing Guarantee program is subject to revision or revocation by Third Federal at any time without notice.

 

*$295 closing costs available for low cost products only.

CHECKING & SAVINGS & CERTIFICATE OF DEPOSIT ACCOUNTS

1.	Return Check Charge ("NSF") (per check)	$33.00
2.	Return Charge ("RET CHG") ("NSF") (per ACH Debit)	33.00
3.	Stop Payment Fee (per check or ACH Debit)	33.00
4.	Dormant Service Charge – Monthly service charge will be charged if account balance is less than $100 and there has been no activity for 24 consecutive months	7.00
5.	Redeposited Item Fee (per check)	8.00
6.	Return of Deposited/Cashed Item Fee (per check)	12.00
7.	Non-Customer Check Cashing Fee (Third Federal checks only)	5.00
8.	Cancelled Check Copy Fee – Copies of In Bank Presentment checks and Imaged checks, first 5 copies per calendar year are free. Thereafter, per copy charge is	5.00
9.	Copy of Monthly Statement Fee (per stmt.)	5.00
10.	History Statement Fee (per page)	5.00
11.	Research Fee (per check)	5.00
12.	Interest Checking – Monthly Service Charge No longer available – fee applies to existing accounts. Will be charged if account balance is less than $1,500 any day of the month. Fee will be waived if account holder has autopay feature on Third Federal loan or maintains a $1,500 aggregate balance in checking, savings and/or certificate accounts	7.00
13.	High Yield Checking – Monthly Service Charge Will be charged if average daily balance during the statement cycle is less than $1,500. Fee will be waived if account holder has autopay feature on Third Federal loan or maintains a $1,500 aggregate balance in checking, savings and/or certificate accounts	7.00

14.	Check/Deposit Order Printing                  Fee depends on style ordered

 

HOME BANKING (External Funds Transfer via Online Banking)

1.	Standard (Three Day) Funds "TRANSFER FEE" (inbound or outbound)	$0.00
2.	Premium (Next Day) Funds "TRANSFER FEE" (inbound or outbound)	$6.00
	(This amount will be deducted from the account from which you requested the transfer)

 

 

DEBIT CARD

1.	ATM Service Charge. Will be charged for each ATM withdrawal after the 4th ATM withdrawal you make during each statement cycle at an ATM terminal for each account	$1.50
2.	Replacement Debit Card Fee	5.00
3.	Foreign Transaction Fee. MasterCard® imposes fees if you use your card in a foreign country, including transactions you initiate in the U.S. with an entity located in a foreign country. The fee is a cross-border assessment and currency conversion fee. On foreign transactions in the foreign currency, the fee is 1% of the transaction amount. On foreign transactions in U.S. Dollars, the fee is 0.9 of 1% of the transaction amount. Transactions include without limitation cash advances, ATM withdrawals, and purchases of goods or services. Third Federal collects this fee for and forwards it to MasterCard. Third Federal does not retain any portion of this fee for Third Federal’s benefit.

 

 

MISCELLANEOUS CHARGES

1.	Each money order or official check (Money orders available in Ohio only)	$8.00
2.	Each outgoing wire transfer within the United States	25.00
3.	Each incoming wire transfer (Into deposit accounts only)	15.00
4.	Any photocopy(per page)	1.00
5.	Stop payment order on an official check/money order	33.00
6.	Minimum hourly fee for research	25.00
	Each quarterly hour thereafter	6.25
7.	Levy/Garnishment Processing	75.00
8.	Child Support Processing (per payment)	5.00
9.	Telephone Payment Authorization Fee	15.00

Additional Service Charges/Fees May Be Assessed Depending Upon the Service Requested

Last Revision:  8/1/12
Reviewed on:  5/17/17

This notice, which is required by Federal Law, describes your rights and responsibilities as a consumer who uses Electronic Fund Transfer services.

Electronic Fund Transfers include all preauthorized debit and credit transfers and telephone transfers.

Types of Available Transfers:
Preauthorized debit transfers are available in connection with our checking accounts and statement savings account.

Our preauthorized debit service allows you to authorize companies or others whom you designate to automatically collect payments owed to them by you from your account at Third Federal in the amounts and on the days that you request.

Preauthorized credit transfers (direct deposits) are available through our checking accounts, statement savings account, and passbook savings account.

Our preauthorized credit service allows you to have recurring deposits, such as Social Security or payroll deposits, credited directly to your account at Third Federal.

Telephone transfers are available through our checking accounts, statement savings account, passbook savings account, and certificate of deposit account.

Our telephone banking service allows you to direct us to withdraw funds from your account in accordance with the terms and conditions contained in our Deposit Account Agreement.

Electronic banking transfers are available in connection with our checking accounts and statement savings account in accordance with the Home Banking Agreement.

Our Online Banking service allows you to direct us to withdraw funds from your account in accordance with the Home Banking Agreement.

We may accept electronic fund transfers that you originate, but for which we had not previously agreed to honor, such as accepting a truncated check or other electronic transfer which you authorized for the purpose of debiting your account.

Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: Pay for purchases and/or Pay bills.

Limitations on Transfers.
Certain limits exist on the number of transfers you can make from your account. The limitations are as follows:

• You may make unlimited transfers from your checking account or statement savings account.
• You may not make preauthorized debits, including telephone transfers, from your passbook savings accounts or passbook certificate of deposit accounts.

Documentation of Transfers.
You will receive a monthly statement on your checking account or statement savings account if any transfers or other transactions were made to your account since your last statement. Regardless if there are any transfers in your account, you will recieve a statement at least quarterly.

You will be mailed a receipt each time you use our telephone banking service.

If you bring your passbook to one of our offices, we will record in it all transactions made to your account since the last time your passbook was updated.

If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at 1-800-THIRD-FED (1-800-844-7333) to find out whether or not the deposit has been made.

If you have arranged to have online banking services, you may review your account balances and a listing of your most recent transactions online through our Online Banking website at www.thirdfederal.com.

Preauthorized Transfers.
Right to Stop Payment. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. To do so, call us at 1-800-THIRD-FED (1-800-844-7333) or write us at: Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio, 44105. We must receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to submit your request in writing or electronically and get it to us within 14 days after you call. We will charge you a fee for each stop payment order you give. The fee is disclosed in the Fee Schedule and may be amended from time to time. When receiving a stop payment order, we may require you to agree to additional terms and conditions.

Our Obligation for Failure to Stop Payment. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be unless you allow the person you are going to pay to tell you only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

Your Liability.
If your statement or receipt shows transfers that you did not make, tell us at once. Telephoning is the best way of keeping your possible losses down. If you do not tell us within 60 days after the statement or receipt was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

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

Notification of Unauthorized Transfer.
Call us at once if you believe someone has transferred or may transfer money from your account without your permission or if any check, information from your check, passbook, password, or personal identification number has been lost or stolen. The number to call is 1-800-THIRD-FED (1-800-844-7333). You may also write us at Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio, 44105, or tell us electronically via our Online Banking website at www.thirdfederal.com.

Our business days are Monday through Thursday, 9 a.m. to 4 p.m.; Friday, 9 a.m. to 6 p.m.; and Saturday, 9 a.m. to 1 p.m., excluding holidays. If you utilize Online Banking services, our facilities are operational 24 hours a day, 7 days a week, except during short periods of time for maintenance.

In Case of Errors or Questions About Your Electronic Transfers.
Telephone us at 1-800-THIRD-FED (1-800-844-7333), write us at: Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio, 44105, or, if you use Online Banking services, submit an e-mail through our website at www.thirdfederal.com, as soon as you can, if you think your statement, receipt, or passbook is wrong or if you need more information about a transfer appearing on your statement, receipt or in your passbook. We must hear from you no later than 60 days after we sent you the FIRST statement or receipt, or within 60 days after the entry was posted to your account 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 verbally, we may require that you submit to us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days after we hear from you 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, we will 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 within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Our Obligation for Failure to Make Transfers.
If we do not complete a 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 losses or damages. However, there are some exceptions. We will not be liable, for instances:

• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• The automated teller machine where you are making the transfer does not have enough cash.
• The terminal or system was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire, flood or system failure) prevent the transfer or deposit despite reasonable precautions that we have taken.
• There may be other exceptions stated in our agreement with you.

Service Charges for Electronic Fund Transfers.
These services are provided to you at no charge, other than our fee for stop payment orders as described earlier. We will notify you in advance in the event we do begin charging a fee for this service.

Disclosure of Account Information.
We will disclose information to third parties about your account or the transfer you make:

• Where it is necessary for completing such transfers;
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
• In order to comply with government agency or court orders;
• Where it is necessary for legal, collection, accounting or auditing purposes;
• If you give us your written permission.

UYDA-11/12

Please take a few minutes to read this Funds Transfer Agreement (the "Agreement"). Any reference to Third Federal Savings & Loan Association of Cleveland ("Third Federal") in this Agreement includes any directors, officers, employees, contractors, service providers, agents or licensees of Third Federal. As used in this Agreement, the words "you," "your" and "yours," or any variation, refer to you as the user of the Service. The words "we," "us," "our," or any other variation, refer to Third Federal.
With our online money movement service (the "Funds Transfer Service" or the "Service"), you may transfer funds from any of your eligible transaction accounts at any financial institution ("External Account") to any eligible accounts held by you at Third Federal ("Third Federal Account"). You may also transfer funds to an External Account that you are an owner on from your eligible Third Federal Accounts. Your External Account must permit electronic funds transfers. You may not transfer funds to or from any account(s) for which you are not the legal owner. We may rely solely on how the account is titled to determine whether you are the legal owner of the account. You MAY NOT TRANSFER FUNDS FROM A BUSINESS ACCOUNT.

Acceptance of Terms
This Agreement sets forth the terms and conditions (the "Terms") for your use of the Service and forms part of a legally binding agreement between you and Third Federal. To use the Service you must be at least eighteen (18) years of age and a legal resident of the United States.
When you click on the "I Agree" button, you will complete an application to receive the Service, and you agree to accept the Terms, as they may be amended, changed, or modified from time to time. Third Federal or our service provider may accept or decline your application for the Service. If you do not agree to all of the Terms, click on the "I Disagree" button. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service.
Third Federal reserves the right to change the Terms under which the Service is offered in its sole discretion at any time. Third Federal will notify you of any material change to the Terms. You may review, download and print the most current version of this Agreement at any time by clicking on "Terms of Service".
If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you may unsubscribe from Funds Transfer Service in one of three ways:

• Go to the External Funds Transfer tab within Online Banking and unsubscribe yourself from Funds Transfer Service, or
• Send a written request to Third Federal at 7007 Broadway Avenue, Cleveland, OH, 44105, Attn: Internet Services Department, or
• Call Third Federal Customer Service toll free at 1-877-487-1748.

Once your account with Third Federal has terminated for any reason, you will have no further right or access to use the Service.

Information Authorization

By clicking on the "I Agree" box, you authorize us to verify your identity by obtaining information about your credit history from a consumer reporting agency. Third Federal and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. We reserve the right to deny you access to the Service if we cannot verify your identity or other necessary information. We may approve or decline your application for the Service based upon our review of your consumer report, along with other information we deem relevant. If we deny your request to use the Service, you may obtain a free copy of the consumer report that we used from the consumer reporting agency that issued the report.
In addition to obtaining a consumer report, Third Federal and our service provider reserve the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Service we may verify your External Accounts that you add to the Service from time to time. You authorize us to validate the External Accounts through the use of trial deposits, in which one or more low value payments will be credited to the Account.
Once the trial deposits are complete we may ask you to access your External Account to tell us the amount of the trial credit or any additional information reported by your bank with this trial deposit. We may also verify External Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the External Account.

Accounts

You understand that in order to complete fund transfers, it is necessary for Third Federal and our service provider to access the websites and databases of your bank and other institutions where you hold External Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your External Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Third Federal and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the External Accounts.

For as long as you are using the Service, you give to Third Federal and our service provider a limited power of attorney and appoint us and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the External Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to External Accounts, as fully to all intents and purposes as you might or could in person. Once we and/or our service provider has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us and/or our service provider in good faith before we have actual knowledge of termination by you and have a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each External Account provider is independent of us. Third Federal will not be responsible for any acts or omissions by the financial institution or other provider of any External Account, including without limitation any modification, interruption or discontinuance of any External Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN THIRD FEDERAL AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR External ACCOUNTS or Third Federal Accounts, THIRD FEDERAL AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Third Federal, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO Your External ACCOUNTS and Third Federal Accounts; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT Your External ACCOUNTS or Third Federal Accounts IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM Your External ACCOUNTS or Third Federal Accounts; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF External ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE External ACCOUNTS.

Not all types of accounts are eligible for funds transfer. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your External Account or those imposed by applicable law.

Electronic Communications

General Consent; Categories of Records. The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

• This Agreement and any amendments, modifications or supplements to it.
• Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
• Any other communication related to the Service.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records.

1. How to Withdraw Consent. If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Service cancellation policies).
2. How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Profile page.
3. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Third Federal sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after we post the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Third Federal's e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
4. Hardware and Software Requirements. In order to access and retain Communications, you must have:
• An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7 or above or Internet Explorer version 5.0 or above.
• An e-mail account and e-mail software capable of reading and responding to your e-mail.
• A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
• Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
• A printer that is capable of printing from your browser and e-mail software.

Privacy Policy and Confidentiality

We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the Service, we must obtain from you certain personal information about you, your Accounts, and your transactions ("User Information"). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy guidelines. You can see a full description of our privacy policy by clicking on "Privacy Policy".

All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. We have multiple levels of security that have been designed especially for us.

Contact in the Event of Unauthorized Transfer

If you believe your user identification number, password or PIN has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call Third Federal toll-free at 1-877-487-1748 Monday through Thursday between 8:30 a.m. and 5:00 p.m., Friday between 8:30 a.m. and 6:00 p.m., or Saturday between 8:30 a.m. and 1:30 p.m. (all hours are Eastern Time Zone).

You may also contact us electronically by sending a secure e-mail through Third Federal's Online Banking Service. Your message will be received and processed the next business day after you send it. You may also write us at: Third Federal, 7007 Broadway Avenue, Cleveland, OH 44105, Attn: Internet Services Department.

Consumer Liability

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission. Telephoning us promptly is the best way of keeping any possible losses down. If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit).
If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Business Days For Transfers

Our business days are Monday through Friday. Saturdays, Sundays and federal holidays are not included as business days. The Service will process requests for transfers on Monday through Friday. Transfers cannot be scheduled to complete on a Saturday, Sunday or a federal holiday.
For scheduled transfers, you are required to enter a date. This date must be at least one day later than a Standard Service transfer would be sent, but no more than 365 days in the future. For recurring transfers, the first send date must be the same or further in the future than the send date of a standard transfer, but not more than 365 days in the future. If you choose a weekend or federal holiday for any of your scheduled or recurring transfers, the system will automatically reschedule the date(s) to the earliest prior business day and will display a message for you.

Transfer Types and Limitations

Types of Transfers

You may transfer funds between any two of your External Accounts or Third Federal Accounts about which you have provided the necessary information to us to carry out the funds transfer.

YOU MAY NOT TRANSFER FUNDS TO OR FROM ANY ACCOUNT(S) FOR WHICH YOU ARE NOT THE LEGAL OWNER. WE MAY RELY SOLELY ON HOW THE ACCOUNT IS TITLED TO DETERMINE WHETHER YOU ARE THE LEGAL OWNER OF THE ACCOUNT. IF YOU TRANSFER FUNDS TO OR FROM AN ACCOUNT FOR WHICH YOU ARE NOT THE LEGAL OWNER, WE WILL SUSPEND YOUR USE OF THIS SERVICE AND ANY REINSTATEMENT, IF ANY, WILL BE GOVERNED BY THIS AGREEMENT.

Transfers may be between accounts within the same financial institution or at an unrelated financial institution (although transfers between accounts at the same institution may be effected more quickly by contacting the institution directly).
Some of these services may not be available at all times. We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply.

Please ensure that you have sufficient funds to effect any funds transfers from your Accounts. We may at any time decline to effect any funds transfers that we believe may violate applicable law.

Definitions of Service

Standard (Three Day) Service has a three business day settlement timeframe. For example, if a Standard (Three Day) Service transfer is initiated on a Monday, on Thursday the transfer clears and is deposited into the account.

For Premium (Next Day) Service, the transfer will occur the next business day, if the request is processed before 8:00 p.m. Eastern Time.

Inbound is defined as funds being deposited into a Third Federal Account.

Outbound is defined as funds being withdrawn from a Third Federal Account and deposited into another financial institution's account.

Frequency of Transfers

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may, from time to time for security and risk management reasons, modify the limit, the frequency and the dollar amount of transfers you can make using our Service.

Dollar Amount of Transfers

The dollar amounts and limits are described in the External Funds Transfer tab within Online Banking. You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided in this Agreement, you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

Transfers Subject to the Rules of the Accounts

Additionally, all funds transfers are also subject to the rules and regulations governing your External Accounts and Third Federal Accounts. You agree not to effect any funds transfers that are not allowed under 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.

Rejection of Transfers

We reserve the right to decline to effect any funds transfers, to submit funds transfer instructions or orders or to carry out change or cancellation requests.

Authorization

You authorize us to select any means to execute your funds transfer instructions. You understand that to effect your funds transfer instruction we utilize the Automated Clearing House (ACH). Using applicable ACH Rules, we debit one of your External Accounts or Third Federal Accounts and credit another of your Third Federal Accounts or External Accounts. We credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 business days), our service provider will credit the applicable account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from your Third Federal Account.
We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited account or the debited account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Third Federal will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize Third Federal to debit your account in the amount indicated.
In the event that a debit to any of your accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see
"Documentation," below).

You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

Fees

There is no fee for a Standard (Three Day) Service funds transfer. However, there is a funds transfer fee for a Premium (Next Day) Service funds transfer for outgoing (outbound) and incoming (inbound) transfers. Please see the Fee Schedule for details on this fee. See Definitions of Services for a description of inbound and outbound transfers.

Suspension and Reinstatement of Service

In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in Service to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, we reserve the right to suspend your use of the Service, immediately and without prior notice to you. The reservation of this right does not limit any other right or remedy that we may have under this Agreement or otherwise. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of the Service by contacting us using any of the methods provided for under this Agreement. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, Third Federal in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect.

Documentation

You may access a statement of all funds transfers effected or pending at any time by clicking on the History tab within Funds Transfer. If a funds transfer could not be completed, Third Federal and/or our service provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.

Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may 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 that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. 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, Third Federal reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

Error Reporting and Claims

In case of errors or questions about your electronic fund transfers, telephone Third Federal toll-free at 1-877-487-1748, Monday through Thursday between 8:30 a.m. and 5:00 p.m., Friday between 8:30 a.m. and 6:00 p.m., or Saturday between 8:30 a.m. and 1:30 p.m. (all hours are Eastern Time).

You can also contact us electronically by sending a secure email through the Third Federal's Online Banking Service. Your message will be received and processed the next business day after you send it. You can also write us at: Third Federal, 7007 Broadway Avenue, Cleveland, OH 44105, Attn: Internet Services Department. Do this 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.

(1)Tell us your name, and the account number of the Account to which the error relates.
(2)Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
(3)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 determine whether an error occurred within 10 business days (20 business days for new accounts) 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) to investigate your complaint or question. If we decide to do this, we will credit/debit the applicable Accounts within 10 business days (20 business days for new accounts) for the amount you believe 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 question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable Accounts.

We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

Errors by Other Financial Institutions

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. Although we will try to assist you 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 may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

Proprietary Rights

You acknowledge and agree that Third Federal and our service provider own all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Third Federal and/or our service provider's Service or any of Third Federal and/or our service provider's services or technology.

No Unlawful or Prohibited Use

As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or use Service to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

Service Changes and Discontinuation

We may modify or discontinue the Service or your account with us, with or without notice, without liability to you. We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Third Federal and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Service.

You can unsubscribe from Funds Transfer Service by going into Funds Transfer via Online Banking Service and unsubscribing, sending a written request to Third Federal at 7007 Broadway Avenue, Cleveland, OH, 44105, Attn: Internet Services Department or by calling Third Federal toll-free at 1-877-487-1748. Once your account with Third Federal has terminated for any reason, you will have no further right or access to use the Service, and Third Federal will not access your Accounts thereafter for any reason.

Links to Third Party Sites

The Third Federal website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. Third Federal does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Third Federal, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.

Security Procedures

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

Deviating from Security Procedures

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

Account Number Policy

If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

Joint Account Holder

In submitting your application for the Funds Transfer Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.

Means of Transfer

You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable 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 funds transfer systems, such as CHIPS or automated clearing house (ACH) 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 will be the property of you as the customer.

Our Liability

If we do not provide a funds transfer 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 transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds or for directing any misdirected funds to the proper Account. Third Federal is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Third Federal 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 Third Federal hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that 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 funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the Third Federal website was not working properly and you knew about the breakdown when you started the funds transfer.

Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL OR DATA.

EXCEPT AS PROHIBITED BY LAW AND AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, 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 THE SERVICE, 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 THE SERVICE, 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.

Indemnification

You agree to indemnify, defend and hold harmless, Third Federal, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages or costs (including, but not limited to, attorneys fees) arising from your use of the Service, our reliance on the information, instruction, license or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Third Federal account, of any intellectual property or other right of any person or entity.

Miscellaneous

You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all the Accounts linked for the purposes of the Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Third Federal's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Third Federal's right to subsequently enforce such provision or any other provisions of this Agreement.

The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of Third Federal's rights waived, only if Third Federal agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by Third Federal. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at Third Federal's discretion.

Call Third Federal toll-free at 1-877-487-1748 Monday through Thursday between 8:30 a.m. and 5:00 p.m., Friday between 8:30 a.m. and 6:00 p.m., or Saturday between 8:30 a.m. and 1:30 p.m. (all hours are Eastern Time). You can also contact us electronically by sending a secure e-mail through Third Federal's Online Banking Service. You can also write us at:Third Federal, 7007 Broadway Avenue, Cleveland, OH 44105, Attn: Internet Services Department. This Agreement is personal to you and you may not assign it to anyone.

If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of Ohio, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

This Agreement shall take effect immediately upon the acceptance of your application for the Service by us.

Revised 8/15/12

 

These Rules and Regulations for Checking Accounts (“Checking Account Rules”) are part of our Agreement with you, which includes all terms and conditions in the deposit agreements and disclosures that apply to you and us, each as amended from time to time, based on the types of deposit accounts, services and access devices we may provide to you or on your behalf at any time.

General Terms

In the Checking Account Rules, the words “we,” “us,” “our,” and “Third Federal” mean Third Federal Savings and Loan Association of Cleveland. The words “you,” “your,” “account owner,” and “account holder” mean each person or entity (as an individual), and all persons or entities (as a group), maintaining a negotiable order of withdrawal checking account with us (a “NOW Account”).

You understand and agree that the terms and conditions of our Agreement with you, including these Checking Account Rules, may change from time to time, after we give any notice and wait any time period that the law may require. Each of you signing a signature card for a deposit account acknowledges your receipt of the Agreement, including these Checking Account Rules, and each of you agrees to the terms and conditions of the Agreement, as it may be amended from time to time. When the Agreement states that we “may” take an action, this means we are allowed to take that action in our sole discretion, subject only to any limitations or notices that are expressly required by law or the Agreement. 

Our principal office is in Ohio and Ohio is the state where we open and maintain the NOW account. Our Agreement with you, including the Checking Account Rules, shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Ohio, including the Uniform Commercial Code as adopted by the State of Ohio, except as otherwise stated in our Agreement with you. We are also subject to certain federal and state laws, and local clearing house rules, that govern the subject matter of certain provisions in the Agreement and Checking Account Rules.

Any pay-on-death designation made on a NOW Account by a Florida resident at one of our Florida branch locations, and any NOW Account payments made pursuant to that designation, shall be governed by Florida Law, including all provisions regarding pay-on-death accounts.

You agree to use the written or electronic forms we approve or prepare for your use in connection with any NOW Account. We may return unpaid any other form of order for a NOW Account, and any NOW Account order that we consider incomplete or illegible. All deposits and receipts are conditional until entered on our official records, which we may maintain in electronic form.

Deposits and Collections

We will handle all cashed or deposited NOW Account items as your agent, subject to our right to charge back the NOW Account or obtain a refund if, for any reason, final payment is not received in a form acceptable to us. If a claim is made with respect to any NOW Account item after its final payment on the grounds that the item was altered, included a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold the amount of that item from the NOW Account until final determination has been made for any such claim.

All deposits are received and credited by the Association subject to final collection. Deposits may not be available for immediate withdrawal. Please refer to the Funds Availability Disclosure in our Agreement with you for more information about when funds are available for withdrawal from a NOW Account.

If any item credited to your NOW Account is returned to us unpaid, we may resubmit the item for payment by the bank on which it is drawn in an attempt to collect the funds. If this happens, we will charge a Redeposited Item Fee to your NOW Account in the amount shown in our current Fee Schedule, as amended from time to time. If the item is again returned to us unpaid, we will charge back your NOW Account for the item, return the check to you, and charge a Return of Deposited/Cashed Item Fee in the amount shown in our current Fee Schedule. If any item deposited into your NOW Account is returned to us unpaid and an overdraft is created, or if you issue a check or other order for payment or incur a charge that would overdraw your account, we may elect to pay such item or charge and permit an account overdraft. We are not required to do so, but, if this happens, you must immediately deposit sufficient funds in your NOW Account to cover the amount of any such overdraft.

When we receive checks and other items for deposit and credit to a NOW Account, you understand and agree that we act only as a collecting agent for you and that we are not liable to you, except when we fail to exercise ordinary care. Even though we may credit your NOW Account immediately, you understand and agree that we may handle the collection of any item we receive, except for cash deposits, as a collecting bank in accordance with our usual practices. Items, including those drawn on us, will be cashed, accepted and credited to your NOW Account on a provisional basis. If any item is returned to us unpaid, we may debit the amount of the unpaid item back to your NOW Account or recover the amount of that item from you at any time. If this happens, we may also adjust the amount of interest earned on your NOW Account. We may return unpaid items to you by ordinary mail at your own risk. In certain circumstances, we may also refuse to honor any request you make, including a preauthorized request, to withdraw funds from your NOW Account, until we have received final settlement for a deposited item. All deposits must be in U.S. dollars and if in check form, drawn on a U.S. bank.

We reserve the right to require you to provide prior written or electronic notice suitable to us that informs us of your intention to withdraw funds from a NOW Account, in the time and manner required by the Agreement. For additional protection, we may require that you provide us with a notarized request for an early withdrawal. We also reserve the right to require you to provide additional proof of your identity (such as, photo identification), in addition to your signature.

Remotely Created Checks

Each time a remotely created check (as defined in 12 CFR 229.2(fff)) is deposited to your NOW Account, you represent and warrant to us that the remotely created check was duly authorized by the person(s) on whose account the check is drawn, and that the payee, amount, and date shown on the check were all authorized by such person(s). If we determine that such warranty is breached, we will charge back the amount of the check to your NOW Account and we may return it to you by ordinary mail at your own risk.

Signatures and Authorizations

You understand and agree that any person whose signature appears on the signature card for your NOW Account is authorized to transact any business with respect to your NOW Account. Except for remotely created checks (as defined in 12 CFR 229.2(fff)), if you voluntarily give information about your NOW Account, such as our routing number and your NOW Account number, to a party trying to sell you goods or services, then you agree that the debit(s) this party makes to your NOW Account is authorized by you.

Use of Night Depositories

Deposits made in night depositories and other receptacles are at the sole risk of the user until entered on our books and official records. You agree to accept as final and conclusive our records, both written and electronic, as to what amounts were in any deposit envelope when opened by us.

Endorsements and Missing Endorsements

You agree not to obscure or infringe on the areas on the back of checks reserved for the bank of first deposit. If you do and this causes a delay in the return or processing of any checks, you agree to assume any and all liability for any loss, claim or damage we may sustain as a result of the delay. You authorize us to cash or accept checks and other instruments for deposit to your account, whether payable to one or more parties, and to supply any needed endorsement.

Liability

You agree that, in performing our duties stated in the Checking Account Rules, we shall be liable only if we are grossly negligent in performing those duties and, in no event, shall we be liable for any consequential, indirect or special damages. Due to the large volume of checks we handle every day, you understand that we may not check the maker and/or endorser signatures, dates or alterations of NOW Account items. You agree that, if we do not check the maker and/or endorser signatures, date, or alteration of a NOW Account item, this will not mean that we have failed to exercise ordinary care in handling the item and your NOW Account.

Conditional, Post-dated and Stale-dated Checks

You agree not to issue conditional and/or postdated checks. We shall not be liable for charging your NOW Account for postdated checks paid before their due dates or for charging your NOW Account with checks that bear conditional terms or endorsements. In addition, we shall not be responsible for the nonpayment of checks due to insufficient funds resulting from payment of conditional or postdated checks. We reserve the right to pay or dishonor a check more than 6 months old without prior notice.

Payment of Checks or Orders of Withdrawal

You agree that in paying checks or similar orders of withdrawal on your NOW Account, we may pay all such items presented for payment in any order we choose, unless applicable law expressly requires us to pay items in a particular order.

Stop Payments

We will accept stop payment orders in connection with the NOW Account at your risk and request, and without any liability to you, to the extent that applicable law and our Agreement permits us to limit our liability and responsibility to you. If we accept a stop payment order from you, we will charge a stop payment fee to your NOW Account in the amount shown on our current Fee Schedule, as amended from time to time.

All stop payment orders must contain a complete description of the check, including the name of the drawer, the NOW Account number on which the check is drawn, the check number, the exact amount of the check, the date of the check and the name of the payee.

• A verbal stop payment order on a check or ACH preauthorized debit may be valid only for fourteen (14) calendar days.
• A written stop payment order on a check is valid only for six (6) months, but may be renewed.
• A written stop payment order on an ACH preauthorized debit will not expire.

A stop payment order will not be effective if we receive it after the check is paid or if payment occurs within the time frame we need to process the stop payment order. When receiving a stop payment order, we may require you to agree to additional terms or conditions.

Examination of Monthly Statement

We will mail NOW Account statements to the primary address we maintain for you in our account records, unless another address has been provided to us in writing. If any statement is returned to us because of an incorrect address, we may stop sending statements to you, until we receive a new address for you in writing.

We will provide certain NOW Account statements, change of NOW Account terms, and other NOW Account notices (“Online Statements”) to you electronically, if you enroll in Online Banking services and specifically request Online Statements. To access your Online Statements electronically, you must be enrolled in Online Banking and meet the other requirements outlined in the Home Banking Agreement. See the Home Banking Agreement for more information about the terms and conditions that apply to Online Banking services and Online Statements.

You must exercise reasonable care and promptness in examining your NOW Account statements for errors. Time is of the essence. If you do not discover and report errors to us about a check paid from your NOW Account within thirty (30) days after we make the NOW Account statement available to show our payment of a check, you agree that we are not liable to you for any losses you may incur due to our payment of the check, unless other provisions of our Agreement or applicable law expressly make us liable to you.

Account Statements – Check Images

We will not return original canceled or imaged checks written on your NOW Account. Your NOW Account statement will provide information about the date, check number, and dollar amount of such checks. We will maintain imaged copies of all canceled checks as long as we are required to do so by law, and we will dispose of these copies in accordance with our record retention schedule. If you request copies of checks, we may charge a fee for copies in the amount shown on our current Fee Schedule, as amended from time to time.

Service Charges and Fees

We reserve the right to assess service charges and fees for any and all services we provide, including services that are directly related to your NOW Account and those that relate to our transactions with you that are not directly related to a NOW Account (such as issuance of an official check and certain wire transfer services). You acknowledge that you received a Fee Schedule when opening your NOW Account. You agree to pay the service charges and fees shown on our current Fee Schedule, as amended from time to time, that apply to our NOW Account services and your transactions with us. Unless you pay us separately and in advance, you authorize us to deduct these service charges and fees from any account you maintain with us. If this happens, you agree that we are not liable to you if we reject payments and checks because there are insufficient funds in your account, except to the extent expressly required by law or our Agreement with you. We will notify you of any changes to the Fee Schedule in the time and manner required by law, and at least thirty (30) days before the effective date of any new or increased service charge or fee that will apply to your account or transactions with us.

NOW Account Suspension and Termination

We reserve the right to suspend payments made from the NOW Account based on any legal process served on us that relates to you and/or funds in the NOW Account. We also reserve the right to terminate your NOW Account and terminate account services and access devices, at any time, for any reason, and without advance notice to you. If this happens, termination of our deposit relationship with you will also immediately discharge any duty or obligation we may have to process or accept payments, deposits, or other transactions in the NOW Account after termination. We may close the NOW Account by sending a check to you for the collected balance and giving you notice that we have done so.

Right of Set-off

You understand and agree that we are authorized to set-off and obtain payment of any of your debts or obligations to us, whether direct or indirect, by deducting those amounts from any accounts you have with us, except to the extent expressly prohibited or limited by applicable law (for example, related to indebtedness arising from a consumer credit card transaction or certain accounts whose funds are protected by law). If your account is a joint account, each of you agree to hold us harmless and indemnify us from claims made by other account owners and persons if we set-off the account to obtain payment of a debt owed by only one account owner. Each owner of a joint account understands and agrees that we are entitled to set-off a joint account to obtain payment of a debt owed by any one or all of the joint owners.

Check Writing

You agree to write checks drawn on your NOW Account in legible permanent black or blue ink. If you write a check using pencil, red ink or gel pens, you agree to hold us harmless if a legible copy of the canceled check cannot be produced.

Cashing Checks Drawn on a Depositor’s Account for Non-Customers

From time to time, a person who is not one of our customers may attempt to cash a check drawn on your NOW Account by presenting the check in-person on our premises. Cashing a check for a non-customer exposes us to certain risks that are not present if the check is deposited at another financial institution and then presented to us through the check collection process.

To help prevent fraud and identity theft, we may refuse to cash checks for non-customers. However, if we agree to cash checks for a non-customer, the following conditions apply:

We will positively identify the non-customer and request at least two forms of identification. Additionally, we may attempt to contact you by telephone to confirm the identity of the non-customer and verify your signature on the check.

You understand and agree that we may charge a non-customer a fee to cash a check (including a payroll check) that is drawn against your NOW Account. You agree to waive any claim for wrongful dishonor if we, in good faith, refuse to cash a check for a non-customer who is physically present on our premises, in cases where we have reasonable doubts about the validity of the check.

Seven-Day Notice

To comply with the Federal regulations that authorize this interest bearing checking account, we must reserve the right to require at least seven (7) days’ notice prior to withdrawal or transfer of any funds from this interest bearing checking account. If we decide to exercise this right, we will do so on a seven-day basis and your request for withdrawal or transfer of funds from the NOW Account will be considered the beginning date of  the notification period.

Earnings and Distributions

Interest is compounded and distributed at such rates and times as determined by our Board of Directors from time to time. A minimum daily balance must be maintained in the NOW Account to earn interest. For each day the NOW Account balance is less than the minimum balance, the NOW Account shall earn no interest. When the NOW Account balance is increased to the minimum balance or more, interest will again begin to accrue. We reserve the right to change the minimum balance required to earn interest.

Amendments

We may amend the terms and conditions contained in our Agreement with you at any time, including but not limited to those found in these Checking Account Rules and our Fee Schedule, after we give you any notice and wait any time period required by law and our Agreement with you. If you continue to use the account and our services after we notify you about a change in the Agreement, including these Checking Account Rules and our Fee Schedule, this will mean that you agree to the amended terms and conditions. We may mail a notice of the amendment to you at the most recent primary address for your account shown on our records or, if you are enrolled in Online Banking services, we may provide an electronic notice to you in the manner described in the Home Banking Agreement. We may also post a notice in each of our offices of amendments to our Agreement.

Records

We will maintain NOW Account records as long as we are required to do so by law. We will dispose of these NOW Account records in accordance with our record retention schedule.

Truth In Savings Disclosure of Account Terms

The terms and conditions in this Truth in Savings Disclosure are part of our Agreement with you, as amended from time to time. See our current Rate Sheet and our current Fee Schedule for a list of current account interest rates and account fees.

We may offer and you may open a variety of deposit accounts with us (each, an “account”). The following information applies to all of our accounts. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue on the business day you deposit cash and noncash items (for example, checks).

Certificates of Deposit

Renewal Information – Your Certificate of Deposit account will automatically renew on the initial maturity date or on the maturity date of any renewal term at the interest rate then in effect for the same term and class of account, unless: (1) all account funds are withdrawn during the grace period; or (2) we notify you before the maturity date that the account will not be renewed. If you open a Certificate of Deposit account with a promotional interest rate, such as a CD Special or Retirement CD Special, this type of account will automatically renew on the initial maturity date at the non-promotional interest rate then in effect for a Certificate of Deposit with the same term. If we do not renew the account, the account will be converted at maturity to a savings account that has the lowest interest rate then paid on our interest-bearing savings accounts.

Grace Period – You will have seven (7) calendar days after the maturity date to withdraw funds without penalty. During the grace period, the account will earn interest at the renewal rate then in effect for the account.

Penalty for Early Withdrawal – If you withdraw any of the principal in a Certificate of Deposit account before the maturity date, you will be charged a penalty. The penalty on the amount withdrawn will be a loss of interest, whether earned or not, as follows:

For accounts with a term of:
91 days or less . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . loss of 1 month’s interest
92 days through 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . loss of 3 months’ interest
More than 1 year, but less than 3 years . . . . . . . . . . . . . . . . . . . . . loss of 6 months’ interest
At least 3 years, but less than 4 years . . . . . . . . . . . . . . . . . . . . . . loss of 12 months’ interest
4 years or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . loss of 18 months’ interest

The penalty will be figured on the amount withdrawn at the simple interest rate being paid on the account, and will be deducted from the account balance or the amount withdrawn.

You will also be charged a penalty on the entire account balance if the account drops below the minimum balance requirement, or if you change the term or rate of interest on the account before any maturity date. If the account balance drops below the minimum balance requirement, the interest rate on the remaining balance will be reduced to the rate then paid on a savings account that has the lowest interest rate then paid on our interest-bearing savings accounts.

No interest will be earned if the balance of a Certificate of Deposit account drops below $50.

Interest credited to the account may be withdrawn without penalty only during the term in which it is earned.

We will not charge a penalty for a withdrawal following the death or adjudication of incompetence of any accountholder, or in other circumstances specifically described in the Agreement (for example, as discussed below in the section that describes the terms that apply to IRA/ROTH/SEP/KEOGH Certificate of Deposit accounts).

30-Day to 10-Year Certificate of Deposit

You must deposit at least $500 to open this account.

You must maintain a minimum closing balance of $500 in the account each day to receive the annual percentage yield we disclosed when opening the account.

If the term of your account is 179 days or less, interest will not compound and will be credited to your account at maturity, unless you ask and we agree to provide or transfer the interest to you in a different manner.

If the term of your account is 180 days or more, interest will be compounded quarterly and credited to your account quarterly and at maturity, unless you ask and we agree to provide or transfer the interest to you in a different manner.

For accounts with terms of 365 days or less, you may elect to have interest credited only at maturity. If you so elect, interest will not compound and will be credited to your account at maturity.

The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. Additional deposits are not permitted on accounts with a term of greater than 30 days. For accounts with a term of 30 days or less, additional deposits of $100 or more may be permitted. Additional deposits will not extend the maturity date of the account.

1- to 10-Year Retirement Certificate of Deposit (IRA/ROTH/SEP/KEOGH)

This account consists of funds deposited to the credit of, or in which the entire beneficial interest is held by, the account holder pursuant to an IRA Agreement or Keogh Plan.
You must deposit at least $100 to open this account.

You must maintain a minimum closing balance of $100 in the account each day to receive the annual percentage yield we disclosed when opening the account.

Interest will be compounded quarterly and credited to your account quarterly and at maturity, unless you ask and we agree to provide or transfer this interest in a different manner. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.

Interest credited to the account may be withdrawn without incurring a penalty from us only during the term in which it is earned. However, such withdrawal of interest may result in adverse tax consequences under IRS rules.

Additional deposits of $100 or more may be permitted from time to time, but only if we consent to it. Additional deposits will not extend the maturity date of the account.

You will not be charged a penalty for early withdrawal in the following cases:

• The account holder dies.

•The account holder is adjudicated incompetent.

•The withdrawal is a regularly scheduled distribution to an account holder who has reached the age of 59-1/2 or is disabled (as defined in 26 U.S.C. Section 72(m) (7), as amended from time to time).

•The withdrawal is a required minimum distribution pursuant to federal tax law.

•The withdrawal is a distribution for health insurance premiums to an account holder who is unemployed (as provided in 26 U.S.C. Section 72(t)(2)(D), as amended from time to time).

•The withdrawal is a distribution for certain medical expenses (as provided in 26 U.S.C. Section 72(t)(2), as amended from time to time).

•The withdrawal for certain distributions due to the purchase of a first home (as provided in 26 U.S.C. Section 72(t)(2), as amended from time to time).

•The withdrawal qualifies as higher education expenses (as provided in 26 U.S.C. Section 72(t)(2), as amended from time to time).

No penalty will be charged and no interest will be paid if you withdraw your Individual Retirement Account (IRA) within 7 days after you are given the IRA disclosure statement. We will provide you with the IRA disclosure statement at the time you establish your IRA plan with us.

Passbook Savings

You must deposit at least $10 to open this account. You must maintain a minimum closing balance of $10 in the account each day to receive the annual percentage yield we disclosed when opening the account. You will not earn interest for any day your balance drops below $10. Interest will be compounded quarterly and credited to your account quarterly.

This is a variable rate account. We may, at any time and without notice to you, change the interest rate and annual percentage yield on your account.

We reserve the right to require at least seven (7) days’ notice before the withdrawal or transfer of any funds from the account.

High Yield Savings and Retirement High Yield Savings

This is a statement savings account. You must deposit at least $10 to open this account.

To receive the Tier 1 annual percentage yield we disclose when opening the account, you must maintain a minimum closing daily balance of $10 in the account. To receive the disclosed Tier 2 annual percentage yield, you must maintain a minimum closing daily balance of $25,000 in the account. To receive the disclosed Tier 3 annual percentage yield, you must maintain a minimum closing daily balance of $100,000 in the account. You will not earn interest for any day your closing daily balance is less than $10.

Interest will be compounded monthly and credited to your account monthly.

This is a variable rate account. We may, at any time and without notice to you, change the interest rate and annual percentage yield on your account.

We reserve the right to require at least seven (7) days’ notice before the withdrawal or transfer of any funds from the account. Your High Yield Savings account is an interest bearing Negotiable Order of Withdrawal account.

High Yield Checking

You must deposit at least $10 to open this account.

To receive the Tier 1 annual percentage yield we disclose when opening the account, you must maintain a minimum closing daily balance of $10 in the account. To receive the disclosed Tier 2 annual percentage yield, you must maintain a minimum closing daily balance of $5,000 in the account. To receive the disclosed Tier 3 annual percentage yield, you must maintain a minimum closing daily balance of $25,000 in the account.   You will not earn interest for any day your closing daily balance is less than $10.

Interest will be compounded monthly and credited to your account monthly.

This is a variable rate account. We may, at any time and without notice to you, change the interest rate and annual percentage yield on your account.

We will charge a Monthly Service Charge in the amount shown on our current Fee Schedule if the average daily balance during any statement cycle is less than $1,500. The average daily balance is calculated by adding the full amount of the closing principal in the account for each day of the period and dividing that figure by the number of days in the period. We will waive this Monthly Service Charge if you maintain a $1,500 aggregate balance in this account and other checking accounts, savings accounts, and/or Certificate of Deposit accounts that you may have with us.

We will not return original canceled or imaged checks written on your account. Your account statement will provide information about the date, check number, and dollar amount of such checks. You may request a copy of any canceled check. Refer to our current Fee Schedule for applicable charges.

We reserve the right to require at least seven (7) days’ notice before withdrawal or transfer of any funds from the account. Your checking account is an interest bearing Negotiable Order of Withdrawal account.

Funds Availability Disclosure; Your Ability to Withdraw Certain Funds

This Funds Availability Disclosure applies to all deposit accounts, excluding Individual Retirement Accounts (IRA’s). Our policy is to delay the availability of certain funds that you deposit in your account. During the delay, you may not withdraw the funds, and we may not use the funds to pay checks that you have written.

If we cash a check for you that is drawn on another depository institution, we may withhold the availability of a corresponding amount of funds already held in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.

If we accept a check for deposit that is drawn on another depository institution, we may make the funds from the deposit available for withdrawal immediately, but delay your ability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you have deposited.

Even after we have made funds available to you and you have withdrawn the funds, you are still responsible to us for any checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

Determining the Availability of a Deposit

The length of the delay is counted in business days from the day of your deposit. Every day is a business day, except Saturday, Sunday, and any federal holiday. If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit on a Saturday, Sunday, federal holiday or any day we are not open, or if you make a deposit at our night depository after 4:00 p.m. on a business day we will consider the deposit made on the next business day when we are open.

The length of the delay varies based on the type of deposit, as explained below.

Same-Day Availability

. Funds from the following deposits are available on the day we receive the deposit:

• Cash
  
  
• Direct Deposits
  
  
• U.S. Treasury checks that are payable to you.
  
  
• Wire transfers.
  
  
• State and local government checks that are payable to you.
  
  
• Cashier’s, certified, and teller’s checks that are payable to you.
  
  
• Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.

Check Deposits – The first $200 from the total amount of check(s) deposited and not specifically described as Same Day Availability (I.e. personal checks, or checks not written to you), will be available on the same day of your deposit. The remaining funds up to $4800.00 will be available on the 2nd business day after the day of your deposit. For example, if you deposit a check of $3700 on a Monday, $200 of the deposit is available on Monday. The remaining $3500 is available on Wednesday.

Longer Delays May Apply

Funds you deposit by check may be delayed for a longer period under the following circumstances:

• We believe a deposited check will not be paid.

• You deposit checks totaling more than $5,000 on any one day.

• You redeposit a check that has been returned unpaid.

• You have overdrawn your account repeatedly in the last six months.

• There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 7th business day after the day of your deposit, but, in certain cases, they may be held longer.

Special Rules for New Customers

If you are a new customer, the following special rules apply during the first 30 days your account is open.

Funds from electronic direct deposits, wire transfers and cash deposits to your account will be available on the day we receive the deposit.

The first $5,000 from the total amount of checks described as Same Day Availability deposited into a checking or statement savings account will be available on the first business day following the deposit, if they are made payable to you and are deposited in an account in your name. The excess over $5,000 will be available on the 9th business day after the day of your deposit.

Other checks not specifically described as Same Day Availability (I.e. personal checks, or checks not written to you) deposited into a checking or statement savings account will be available on the 9th business day after the day of your deposit.

The day’s total deposits into a passbook savings or certificate of deposit account will be available on the 9th business day after the day of your deposit.

Electronic Funds Transfer Disclosure

This Electronic Funds Transfer Disclosure, which is required by Federal law, describes your rights and responsibilities as a consumer who uses electronic fund transfer services. Electronic fund transfers are electronically initiated transfers of money involving a Third Federal account.

Types of Transfers and Transactions Available with ATM-Debit Card: The terminals where you may use our debit card include automated teller machines (“ATM”) and point-of-sale (“POS”) terminals. We do not own, operate or provide any of these terminals. You should compare the payment networks shown on your debit card with the networks that are shown on or near the terminal at the places that may accept your debit card.

You may use a Third Federal debit card to pay for purchases at places that have agreed to accept the card. The party that accepts the card may require you to provide a personal identification number (“PIN”) assigned to your debit card (a “POS/PIN” transaction) or provide a signature (a “POS/non-PIN” transaction) for the transaction. Purchases made with your Third Federal debit card will be charged to the primary checking account associated with that card, and POS transactions that involve a refund will be credited to the same primary checking account.

You may also use a Third Federal debit card and its assigned PIN to conduct certain account transactions at ATM and POS terminals within the payment networks shown on the card. You may use your debit card and PIN at these terminals for access to your primary checking account, secondary checking account, and statement savings account, if you have instructed us to associate these accounts with your debit card. You may use your debit card and PIN to:  withdraw cash from your checking and statement savings accounts with Third Federal; transfer funds between your Third Federal accounts when you request; inquire about balances in your Third Federal accounts; and conduct other transactions, as services and features are added to the debit card.

Your ability to perform these and other transactions will depend on the location and type of terminal you are using. Transactions at these types of terminals may be subject to a surcharge assessed by the terminal owner or operator.

Preauthorized debits are available in connection with our checking and statement savings accounts. The preauthorized debit service allows you to authorize companies and other parties to collect payments from you automatically by using a debit card or account you designate, and in the amounts and on the days you request.

Limitations on Frequency and Amount of ATM-Debit Card Transactions

• The Third Federal Debit Card can be used to withdraw cash daily from an ATM up to an aggregate maximum of $300 or the available balance of your account, whichever is less, except as otherwise indicated below. The amount is further limited to no more than $200 when our computer system is offline. Where more than one card has been issued, the Daily Dollar Limit is determined on a per card basis.

• The Third Federal Debit Card can be used to make purchases at Point-of-Sale (POS/PIN) merchants up to a daily maximum aggregate of $2,500 or the available balance of your primary checking account, whichever is less, except as otherwise indicated. The amount is further limited to no more than $400 when our computer system is offline. Where more than one card has been
issued, the Daily Dollar Limit is determined on a per card basis.

• The Third Federal Debit Card can be used to make purchases at Point-of-Sale (POS/non-PIN) merchants up to a daily maximum aggregate of $2,500 or the available balance of your primary checking account, whichever is less, except as otherwise indicated. The amount is further limited to no more than $600 when our computer system is offline. Where more than one card has been issued, the Daily Dollar Limit is determined on a per card basis.

• If you request funds at an ATM, or conduct a Point-of-Sale (POS) transaction or make a debit card purchase that exceeds your available account balance, we may authorize the transaction and, if this happens, you agree to pay the amount of the overdraft.

• You are limited to no more than ten (10) cash withdrawals and POS/PIN transactions per day in the aggregate using your Third Federal Debit Card. Where more than one card has been issued, the daily transaction limit is determined on a per card basis.

• Use of your debit card to engage in Internet gambling transactions is prohibited.

• You must notify us when you are traveling outside the United States to avoid disruption of card service.

Service Charges (Fees) for ATM-Debit Card Transactions

ATM Service Charge Fee. We will charge you an ATM withdrawal fee under the conditions and in the amount shown in our current Fee Schedule, as amended from time to time. There is no charge by us for transfers you make at an ATM terminal between your Third Federal checking and statement savings accounts. There is no charge by us for balance inquiries you make at an ATM terminal on your checking and statement savings accounts with Third Federal.

Debit Card Replacement Fee. We will charge a fee to replace a debit card in the amount shown in our current Fee Schedule, as amended from time to time.

Possible Fees by Third Parties. A fee may be imposed:  (i) by an ATM owner or operator, if you initiate a balance inquiry, transfer or other type of account access from an ATM we do not own or operate; and (ii) by any national, regional, or local network used to effect the transaction. You may be charged a fee for a balance inquiry, even if you do not complete a funds transfer.

Foreign Transaction Fee. MasterCard® imposes fees if you use your card in a foreign country, including transactions you initiate in the U.S. with an entity located in a foreign country. The fee is a cross-border assessment and currency conversion fee. See the current Fee Schedule, as amended, from time to time, for information about the foreign transaction fees charged for transactions initiated with debit cards. Any such fee is collected and paid to MasterCard and we do not retain any part of this fee for our own benefit.

Other Types of Available Electronic Fund Transfers and Transactions:

• Preauthorized debit transfers are available in connection with our checking accounts and statement savings account. This service allows you to authorize companies and other parties to collect payments automatically from a checking account or statement savings account you designate, and in the amounts and on the days you request.
  
  
• Preauthorized credit transfers (direct deposits) are available through our checking accounts, statement savings accounts, and passbook savings accounts. Our preauthorized credit service allows you to have recurring deposits, such as Social Security or payroll deposits, credited to your Third Federal account.
  
  
• Telephone transfers are available through our checking accounts, statement savings accounts  and certificate of deposit accounts. Our telephone banking service allows you to direct us to withdraw funds from your account, in accordance with the terms and conditions of our Deposit Account Agreement.
  
  
• Electronic banking transfers are available in connection with our checking accounts and statement savings accounts in accordance with the Home Banking Agreement. Our Online Banking service allows you to direct us to withdraw funds from your account, in accordance with the terms and conditions of our Home Banking Agreement.
  
  
• We may accept electronic fund transfers that you originate, but for which we had not previously agreed to honor, such as accepting a truncated check or other electronic transfer which you authorized for the purpose of debiting your account.
  
  
• You may authorize a merchant or other payee to obtain a one-time electronic payment from your checking account, using information from your check to pay for your purchases or pay your bills. To do this, the merchant or other payee, with your authorization, may use your check to obtain routing, account, and check number information and then use this information to initiate a one-time transfer from your account. When this happens, funds may be withdrawn from your account as soon as the day you make your payment.
  
  
• You may transfer funds to or from your accounts at any other financial institution to or from your checking, savings or any other eligible account(s) at Third Federal, in accordance with the terms and conditions of the Funds Transfer Agreement and/or the Online Banking services we may provide pursuant to the Home Banking Agreement.

Limitations on Frequency and Amount of Other Available Electronic Fund Transfers

Certain limits exist on the number of transfers you can make from your account, for transfers that are not made with a debit card or through an ATM:

• You may make unlimited transfers from your checking account or statement savings account.
• You may not make preauthorized debits, including telephone transfers, from your passbook savings accounts or passbook certificate of deposit accounts.

Service Charges for Other Available Electronic Fund Transfers

Our current Fee Schedule, as amended from time to time, describes the fees we may charge for electronic fund transfers, such as the transfers you may make if you are enrolled in our Online Banking service.

Disclosure of Account Information

We will disclose information to third parties about your account or the transfers you make:

• Where it is necessary for completing such transfers;
  
  
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  
  
• To comply with government agency or court orders;
  
  
• Where it is necessary for legal, collection, accounting or auditing purposes;
  
  
• If you give us your written permission.

Documentation of Electronic Fund Transfers

You are entitled to a receipt when you use your debit card at another party’s terminal to make any transfer to or from your Third Federal account. This receipt should indicate the location of the terminal (by code in some cases), the transaction date and type, the amount, and at least part of your debit card number. Receipts for transactions of $15.00 or less may not always be available.
You will receive a monthly statement showing transactions and transfers made in your checking account or statement savings account, unless there are no transfers in a particular month. In any case, you will receive a statement at least annually.

You will be mailed a receipt each time you use our telephone banking service.

If you bring your passbook to one of our offices, we will record in it any electronic deposits made to your account since the last time you brought in your passbook.

If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at 1-800-THIRD-FED (1-800-844-7333) to find out whether or not the deposit has been made.

If you are enrolled in Online Banking services, you may review your account balances and a listing of your most recent transactions online through our Online Banking website at www.thirdfederal.com.

Consumer Liability For Unauthorized Transfers

Tell us AT ONCE if you believe your debit card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if any).

If you tell us within 2 business days after you learn of the loss or theft of your debit card or PIN, you can lose no more than $50 if someone used your debit card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your debit card or PIN, and we can prove we could have stopped someone from using your debit
card or PIN without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by debit card, PIN, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

You will not be liable for any unauthorized transactions using your MasterCard®  debit card, when used for POS transactions, if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft; (ii) you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period; and (iii) your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, or services obtained by the unauthorized use before notification to us. “Unauthorized use” means the use of your card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions not processed by MasterCard. Notify us immediately of any fraudulent use. You should always regularly check your monthly statement for transaction accuracy. We may impose greater liability on the cardholder if we reasonably determine that the unauthorized transaction was caused by the gross negligence or fraudulent action of the cardholder, which may include your delay for an unreasonable time in reporting unauthorized transactions.

Contact in Event of Unauthorized Transfer

If you believe your debit card or PIN has been lost or stolen, call:

1-800-THIRD-FED (1-800-844-7333);

or write:

Third Federal Savings and Loan
Attn:  Deposit Operations
7007 Broadway Avenue
Cleveland, OH 44105.
 
If you are an enrolled user of Online Banking services, you may send us a Secure E-mail to notify us using our Online Banking website at www.thirdfederal.com.

You should also notify us at the number or address shown above if you believe a transfer has been made using the information from your check without your permission.

Business Days

For purposes of these disclosures our business days means a calendar day other than a Saturday or a Sunday, Holidays are not included. If a Federal Holiday falls on a Sunday, the next Monday is not a business day.

Banking Days

Our banking days are Monday through Thursday, 9 a.m. to 4 p.m.; Friday, 9 a.m. to 6 p.m.; and Saturday(at certain locations), 9 a.m. to 1 p.m. excluding holidays. If you are an enrolled user of our Online Banking services, our website is operational 24 hours a day, 7 days a week, except during short periods of time for maintenance.

In Case of Errors or Questions About Your Electronic Transfers

Telephone  us at 1-800-THIRD-FED (1-800-844-7333), write us at: Third Federal Savings and Loan Attn: Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio 44105, or, if you are an enrolled user of Online Banking services, submit an e-mail through our website at www.thirdfederal.com, as soon as you can, if you think your statement, receipt, or passbook is wrong or if you need more information about a transfer appearing on your statement, receipt or in your passbook. We must hear from you no later than 60 days after we sent you the FlRST statement or receipt on which the problem or error appeared, or, for passbook accounts, no later than 60 days after we FIRST posted the entry to the passbook 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.

lf you tell us orally, we may require that you submit to us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you 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, we will 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 within 10 business days, we may not credit your account.

For errors involving new accounts, POS debit card transactions, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Our Liability for Failure to Make Transfers

If we do not complete a 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 losses 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.
  
  
• The automated teller machine where you are making the transfer does not have enough cash.
  
  
• The terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  
  
• If circumstances beyond our control (such as fire, flood or system failure) prevent the transfer, despite reasonable precautions that we have taken.
  
  
• There may be other exceptions stated in our agreement with you.

Preauthorized Transfers

Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:  Call us at 1-800-THIRD-FED (1-800-844-7333), or write us at Third Federal Savings and Loan, Attn: Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio 44105, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to submit your request in writing or electronically and get it to us within 14 days after you call. We will charge you a fee for each stop payment order you give in the amount shown in the current Fee Schedule, as amended from time to time. When receiving a stop payment order, we may require you to agree to additional terms and conditions.

Notice of Varying Amounts. lf these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Our Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Illegal Transactions

You may not use your debit card or other account access device for any illegal or unlawful transaction. We may not authorize any transaction we believe presents a material risk of illegality or unlawfulness. We may collect any debt that arises out of any illegal or unlawful transaction

Termination of ATM and POS Services

You agree that we may terminate your use of the debit card for ATM and POS services:

• If you or any authorized user of your debit card and/or PIN breach this or any other agreement with us;

• We have reason to believe there has been unauthorized use of your PIN or debit card;

• We notify you or any other party to your account that we have cancelled or will cancel this agreement or other agreements with you.

Debit Card Agreement

This Debit Card Agreement is part of our Agreement with you, which includes all terms and conditions in the deposit agreements and disclosures that apply to you and us, each as amended from time to time, based on the types of deposit accounts, services and access devices we may provide to you or on your behalf at any time.

General Terms

In this Debit Card Agreement, the words “we,” “us,” “our,” and “Third Federal” mean Third Federal Savings and Loan Association of Cleveland. The words “you,” “your,” “account owner,” and “account holder” mean each person or entity (as an individual), and all persons or entities (as a group), obtaining a debit card and access to debit card services from us.

You agree to the following terms and conditions when we issue you a debit card for account access at the request of an account owner. If any of the following terms and conditions are void or unenforceable under applicable law, this Debit Card Agreement shall be treated as if that term or condition did not exist or reformed only to the extent necessary to conform with applicable law, and all other terms and conditions shall continue in full force and effect.

All of the terms in this Debit Card Agreement apply specifically to the use of your debit card. Other terms and conditions, such as those described in the Electronic Fund Transfer Disclosure, the Deposit Account Agreement, the Fee Schedule, and other parts of our Agreement with you, also apply to use of debit cards for account access. Please read this Debit Card Agreement and other parts of your Agreement carefully to understand all of the terms and conditions.

Use of Card

Our debit card allows you to obtain cash withdrawals and purchase goods and services from merchants who have agreed to accept your debit card as a means of payment. We may at any time cancel your card(s) for misuse. For your protection, we may cancel your card at any time  to prevent misuse or unauthorized transactions. If you do not activate your card within 6 months of issue or  if you have not used your card in the previous 6 months we may cancel your card.

Use of Personal Identification Number (PIN)

Any PIN issued to you is for your security purposes. The numbers must be kept confidential and must not be disclosed to third parties or recorded on the debit card. You are responsible for keeping the PIN assigned to your card confidential and safe. You agree not to disclose or otherwise make your PIN available to anyone who is not authorized to sign on your accounts.

Travel outside the U.S.

You must notify us when you are traveling outside the United States to avoid disruption of card service.

Charges for Use of Your Debit Card

Our current Fee Schedule describes all applicable charges which we can make in connection with the use of your debit card. Please refer to our most recently dated Fee Schedule. We reserve the right to change any fee at any time and will give you notice if we do. We will notify you in writing twenty-one (21) days in advance if the change would result in increased fees liability for you, or stricter limitations on the frequency or dollar amounts of transfers. You agree to pay all charges incurred related to the use of your debit cards and authorize us to charge your deposit account(s) with the total amount due for such charges.

Joint Accounts.

If your deposit account is held jointly with another person, each joint account holder shall be able to exercise any and all rights as an individual as provided in our Agreement with you, including this Debit Card Agreement. Any holder of a joint account, and all holders of a joint account, shall be jointly and severally liable to us for all obligations that any of you incur to us under our Agreement with you, including this Debit Card Agreement. You understand and agree that any account holder named on the account may use any debit card we may issue for account access, withdraw or transfer account funds,  authorize others to use any card and/or PIN on his or her behalf, and agree to accept changes in our Agreement with you, including this Debit Card Agreement. If this happens, any action or inaction by any holder of a joint account shall bind and apply to all other joint account holders for purposes of our Agreement with you, including this Debit Card Agreement.

Overdrawing Your Account

You agree not to use or permit use of your debit card if its use will overdraw your account. If an overdraft in your account does occur, you must pay the full amount of the overdraft to us immediately upon request and pay any related fees and charges that are due as disclosed in our current Fee Schedule.

Evidence of Transactions

If we initiate legal action against you in connection with this account, you understand and agree that we may introduce into evidence any copy of any document evidencing a transaction under our Agreement with you, including this Debit Card Agreement. If this happens, you agree that any such copy shall be deemed valid as the original document.

Notices

Any notice sent by us shall be effective when mailed to you at your last address on our records. To the extent allowed by law, notices from you to us must be in writing and shall be effective when received by us. If you are an enrolled user of Online Banking services, see our Home Banking Agreement for information about providing electronic notices to us.

Default

If you default in connection with any obligation owed to us under the Agreement, including this Debit Card Agreement, you agree to reimburse us for all costs of collection to the extent permitted by applicable law.

Maintenance of Accounts

As long as this Debit Card Agreement is in effect, you agree to maintain at least one checking account for which your card can be used. If you close all of such accounts, this Debit Card Agreement will be terminated. We have the right to refuse a transaction on your account when your debit card has been reported lost or stolen or when we believe there is unusual activity on your account.

Ownership of Card

The debit card we issue to you for account access will remain our property and you may not transfer it to any other person.

Authorization to Withdraw Funds from Your Account(s)

You authorize us to withdraw funds from your account(s) to satisfy any transaction which you have made using your card. Such authorization includes the right to charge your accounts for funds distributed to you and for charges which you have incurred pursuant to our Agreement with you, including this Debit Card Agreement.

Amendments

We may amend any term in this Debit Card Agreement by notifying you of the amendment in the time and manner required by law and our Agreement with you, and at least twenty-one (21) days before the effective date of any such amendment. To the extent permitted by law, we may amend any term set forth in this Agreement immediately to maintain or restore the security of your account.

Termination of Debit Card Services and Debit Card Agreement

Terminating debit card services and this Debit Card Agreement will not affect your obligations under our Agreement with you for transactions or transfers completed with your card and Personal Identification Number (PIN), even if those transactions or transfers are completed after the termination date.

You may terminate your right to use your debit card by calling us at our telephone number 1-800-THIRD-FED (1-800-844-7333) during our business hours or writing to us at: Third Federal Savings and Loan Attn: Electronic Banking, 7007 Broadway Avenue, Cleveland, Ohio 44105. If you call, we may require you to put your request in writing and get it to us within ten (10) business days after you call. If you are an enrolled user of Online Banking services, see our Home Banking Agreement for information about providing electronic notices to us.

Refusal of Debit Card

Except as provided in the Agreement, neither we nor any other bank or business will be liable to you if your debit card is not honored or cannot be used at any terminal or place of business.

Disputes

Subject to the requirements of applicable law, you agree to settle all disputes about purchases you made using your debit card with the merchant who honored the card.|

Foreign Transactions

If you effect a transaction with your Debit MasterCard® in a currency other than U.S. dollars, MasterCard International Incorporated will convert the charge into a U.S. dollar amount. MasterCard International will use its currency conversion procedure, which is disclosed to institutions that issue MasterCard cards. Currently the currency conversion rate used by MasterCard International to determine the transaction amount in U.S. dollars for such transactions is generally either a government mandated rate or a wholesale rate determined by MasterCard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by MasterCard® International. The currency conversion rate used by MasterCard International on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. See our current Fee Schedule for more information about foreign transaction fees.

ATM Safety Tips to Remember

We are not responsible for your safety at any ATM that we do not operate. To protect yourself and your personal information, please review the following safety tips:

• Be aware of your surroundings anytime you’re using an ATM, but especially at night.

• If you do need to use an ATM at night, make sure you are accompanied by another person.

• Do not openly display your cash. As soon as you receive it, place it in your pocket for safe keeping. Wait until you are in the safety of a locked car or enclosure to count your cash.

• When going to use an ATM, if you notice any suspicious activity you should consider using another ATM or coming back at a later time.

• If a crime does take place, contact the local law enforcement and the ATM operator immediately.

Right to Stop Payment. You may not stop payment in advance for any one-time transaction made with your debit card. If you have told us in advance to make regular payments (preauthorized debits) out of your account, you can stop any of these payments. See the Electronic Funds Transfer Disclosure for more information about how you can stop payment of regular payments made from your accounts.

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Important Information About Procedures for Opening a New Account:  To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you:  When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Introduction to Deposit Account Agreement and Disclosures

In the following Deposit Account Agreement and Disclosures, the words “we,” “us,” “our,” and “Third Federal” mean Third Federal Savings and Loan Association of Cleveland. The words “you,” “your,” “account owner” and “account holder” mean each person or entity (as an individual), and all persons or entities (as a group), maintaining deposits with us or obtaining deposit services and deposit access devices from us.

Our “Agreement” with you means all terms and conditions in the following Deposit Account Agreement and Disclosures, as amended from time to time, that apply to you based on the type of deposit account, deposit services and access devices we may provide to you or on your behalf at any time. The terms and conditions of our “Agreement” with you include those shown in the account signature card, passbook, Certificate of Deposit, Deposit Account Agreement, Rate Sheet, Fee Schedule, Truth in Savings Disclosure, Funds Availability Disclosure, Electronic Funds Transfer Disclosure, Rules and Regulations for Checking Accounts, Home Banking Agreement, and Debit Card Agreement, as well as any other documents you sign and/or disclosures we provide when you establish or maintain a deposit account with us, or when you obtain any deposit account services or access devices from or through us.

You understand and agree that the terms and conditions of our Agreement with you may change from time to time, after we give any notice and wait any time period that the law may require. Each of you signing a signature card for a deposit account acknowledges your receipt of the Agreement, and agrees to the terms and conditions of the Agreement, as it may be amended from time to time. When the Agreement states that we “may” take an action, this means we are allowed to take that action in our sole discretion, subject only to any limitations or notices that are expressly required by law or the Agreement. 

Deposit Account Agreement

General                                                                                                                                                                                                

This Deposit Account Agreement contains terms and conditions that govern any deposit account you maintain with us. Third Federal Savings and Loan Association of Cleveland operates its branches under the brand name “Third Federal Savings and Loan.” Deposits at our branches are not separately insured by the Federal Deposit Insurance Corporation (FDIC) from those held at the home office.

Reserve Requirements for Checking and Statement Savings Accounts

For determining reserve requirements, your checking and statement savings accounts each consist of a transaction sub-account and a savings sub-account. Periodically, we may transfer funds between the two sub-accounts. This process will not appear on your monthly statement, nor will it affect your available balance, interest earnings, FDIC insurance or any other features of these accounts.

Money in the transaction sub-account that is not routinely needed to pay account debits may be periodically transferred to the savings sub-account. The remainder of the balance will be maintained in the transaction sub-account. If the daily activity posted to the transaction sub-account exceeds the balance of the transaction sub-account, a transfer will be made from the savings sub-account to cover any shortfall in the transaction sub-account as a result of the day’s activity. If a sixth transfer in a calendar month is required, all funds within the savings sub-account will be credited back to the transaction sub-account for the remainder of the month.

Account Owner Responsibility

Each account owner must sign a deposit account signature card. We will provide you evidence of the account when it is opened. All accounts, whether in an individual or joint names, are for use of the account owner(s) only. You must notify us of any changes related to the account and its ownership and use, either in writing or, if you are enrolled in Online Banking services, electronically, as provided in the Home Banking Agreement. No change will be effective until we receive this type of notice from you; we consent to the change, and have a reasonable opportunity to make the account change.

Deposits/Withdrawals

We may refuse to accept funds for deposit. Deposits may not be available for immediate withdrawal. Please refer to the Funds Availability Disclosure in our Agreement with you for more information. 

The passbook must be presented with each withdrawal transaction for a passbook account. However, certain exceptions may apply such as the presentation of an affidavit signed by all account owners. 

Our books and official records, and the account statements we send to you each month or quarter, establish the balance of each account. The account statement will describe your account transactions, such as deposits, withdrawals, adjustments, and interest credited to the account. 

You authorize us to cash or accept checks and other instruments for deposit to your account, whether payable to one or more parties, and to supply any needed endorsement. 

If any item credited to your account is returned to us unpaid, we may resubmit the item for payment by the bank on which it is drawn in an attempt to collect the funds. If this happens, we will charge a Redeposited Item Fee to your account in the amount shown in our current Fee Schedule, as amended from time to time. If the item is again returned to us unpaid, we will charge back your account for the item, return the check to you, and charge a Return of Deposited/Cashed Item Fee in the amount shown in our current Fee Schedule. If any item deposited into your account is returned to us unpaid and an overdraft is created, or if you issue a check or other order for payment or incur a charge that would overdraw your account, we may elect to pay such item or charge and permit an account overdraft. We are not required to do so, but, if this happens, you must immediately deposit sufficient funds in your account to cover the amount of any such overdraft.

When we receive checks and other items for deposit and credit to an account, you understand and agree that we act only as a collecting agent for you and that we are not liable to you, except when we fail to exercise ordinary care. Even though we may credit your account immediately, you understand and agree that we may handle the collection of any item we receive, except for cash deposits, as a collecting bank in accordance with our usual practices. Items, including those drawn on us, will be cashed, accepted and credited to your account on a provisional basis. If any item is returned to us unpaid, we may debit the amount of the unpaid item back to your account or recover the amount of that item from you at any time. If this happens, we may also adjust the amount of interest earned on your account. We may return unpaid items to you by ordinary mail at your own risk. In certain circumstances, we may also refuse to honor any request you make, including a preauthorized request, to withdraw funds from your account, until we have received final settlement for a deposited item. All deposits must be in U.S. dollars and if in check form, drawn on a U.S. bank.

We reserve the right to require you to provide prior written or electronic notice suitable to us that informs us of your intention to withdraw funds from an account, in the time and manner required by the Agreement. For additional protection, we may require that you provide us with a notarized request for an early withdrawal. We also reserve the right to require you to provide additional proof of your identity (such as, photo identification), in addition to your signature.

Remotely Created Checks

Each time a remotely created check (as defined in 12 CFR 229.2(fff)) is deposited to your account, you represent and warrant to us that the remotely created check was duly authorized by the person(s) on whose account the check is drawn, and that the payee, amount, and date shown on the check were all authorized by such person(s). If we determine that such warranty is breached, we will charge back the amount of the check to your account and we may return it to you by ordinary mail at your own risk.

Signatures and Authorizations

You understand and agree that any person whose signature appears on the signature card for your account is authorized to transact any business with respect to your account.

Statements

We will mail account statements to the primary address we maintain for you in our account records, unless another address has been provided to us in writing. If any statement is returned to us because of an incorrect address, we may stop sending statements to you, until we receive a new address for you in writing.

We will provide certain account statements, change of account terms, and other account notices (“Online Statements”) to you electronically, if you enroll in Online Banking services and specifically request Online Statements. To access your Online Statements electronically, you must be enrolled in Online Banking and meet the other requirements outlined in the Home Banking Agreement.  See the Home Banking Agreement for more information about the terms and conditions that apply to Online Banking services and Online Statements.

You must exercise reasonable care and promptness in examining your account statements for errors. Time is of the essence. If you do not discover and report errors to us about a check paid from your account within thirty (30) days after we make the account statement available to show our payment of the check, you agree that we are not liable to you for any losses you may incur due to our payment of the check, unless other provisions of our Agreement or applicable law expressly make us liable to you.

Use of Facsimile Signatures

If you use a rubber stamp or other device to imprint a facsimile of your signature on a check, withdrawal slip or any other form, you are fully responsible for the use of the stamp or device and for payments we make in reliance on the facsimile signature that appears on any item presented for payment, regardless of who used the stamp or device.

Preauthorized Direct Deposits

If any public agency or governmental authority informs us that any amount it deposited into your account by means of a preauthorized direct deposit must be returned to that public agency or governmental authority for any reason, you agree that we are authorized to deduct the amount that must be returned from any of your accounts, without prior notice.

Wire Transfers

Acceptance of Your Payment Orders. In general, we will accept wire transfer payment orders only if you have signed a Wire Transfer Agreement, have a sufficient collected balance on deposit in the appropriate account to execute the payment order, and you produce a valid identification.

Funds Transfer Business Day. We may receive payment order requests when our branch is open for business, but the funds transfer business day during which we process payment orders is limited to non-holiday weekdays (Monday through Friday) before a cut-off time of 2:00 p.m. ET. A payment order request we receive when we are not processing Payment Orders will be processed on the next following funds transfer business day.

Fees. We will charge a fee to process each wire transfer that is received in or sent from your account, in the amount shown in our current Fee Schedule, as amended from time to time.

Indemnification. You agree to reimburse, indemnify, and hold Third Federal and its employees harmless from and against any losses, liabilities, expenses, fees (including attorney’s fees), fines, or penalties that result from or arise out of the claim of any person in connection with wire transfer services covered by our Agreement with you, including the Wire Transfer Agreement, except to the extent expressly prohibited or limited by applicable law.

Notification. You agree that we may notify you of all incoming wire transfers as part of your periodic account statement.

Your Liability for Incorrect Information. The “beneficiary” is you or any other person who may receive funds as a result of a wire transfer. The terms of the Wire Transfer Agreement describe your liability for any wire transfers you may send from the account. If we receive a wire transfer payment order to an account that identifies a beneficiary by name and by an account number or other identifying number, you agree that we are authorized to pay the beneficiary based on the number in the payment order, and to consider this number to be the proper identification for the beneficiary. This will be true, even if the number on the payment order identifies someone different from the beneficiary named in the wire transfer payment order, unless otherwise required by applicable law. If we receive a wire transfer payment order to an account that identifies the beneficiary’s financial institution by name and by a routing and transit number or other identifying number, you agree that we are authorized to rely on the number on the payment order as the proper identification. This will be true, even if the number on the payment order identifies a financial institution different from the financial institution named in the payment order, unless otherwise required by applicable law.

ACH Credits

Any credit we give to your account as a result of an Automated Clearing House (ACH) credit entry is provisional, until we receive a final settlement in payment of that amount. If we do not receive final settlement, we will debit your account for the amount of such provisional entry when we determine that we will not receive payment of that amount through final settlement. If this happens, you must pursue your claim against the originator of the ACH entry for the amount of such entry.

Under the operating rules of the National Automated Clearing House Association that apply to ACH transactions made to your account, we are not required to and will not give next-day notice to you after we receive an ACH item. For preauthorized transfers that are credited to your account, the person transferring the funds to your account will notify you when the transfer has been initiated. You may also call us at 1-800-844-7333 to determine whether the transfer occurred. We will reflect any completed transfer on any statement we provide for your account.

We may, from time to time, accept payments to your account that have been transmitted through ACH, but that are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such credits shall be construed in accordance with and governed by the laws of the State of Ohio, as provided by the operating rules of the National Automated Clearing House Association that apply to ACH transactions involving your account.

Receivers of ACH credit transactions should be aware that we may need to temporarily suspend processing a transaction for greater scrutiny or verification against the list issued by the Office of Foreign Assets Control. This action may affect the availability of funds in the account.

Use of Night Depositories

Deposits made in night depositories and other receptacles are at the sole risk of the user until entered on our books and official records. You agree to accept as final and conclusive our records, both written and electronic, as to what amounts were in any deposit envelope when opened by us.

Interest

Interest is paid from the day of deposit up to the day of withdrawal and is computed on a 365/365-day basis except for leap year, in which case, interest is computed on a 366/366-day basis. Your account will earn interest as set forth in the Agreement or at that rate of interest which is determined by us. Any withdrawals made to your account after an interest posting, but before the first day of the following month, will result in an adjustment of interest.

Minimum Balance Requirement

You agree to comply with any minimum balance requirements pertaining to your account. We will determine any minimum balance requirements that apply to each type of account we offer.

Expenses

If we incur any expenses due to an attachment, garnishment, or levy on your account, including, but not limited to court costs and attorney fees, you agree to reimburse us for such expenses and agree that we may charge such expenses to your account.

Service Charges & Fees

We reserve the right to assess service charges and fees for any and all services we provide, including services that are directly related to your account and those that relate to our transactions with you that are not directly related to an account (such as issuance of an official check and certain wire transfer services). You acknowledge that you received a Fee Schedule when opening your account.

You agree to pay the service charges and fees shown on our current Fee Schedule, as amended from time to time, that apply to our account services and your transactions with us. Unless you pay us separately and in advance, you authorize us to deduct these service charges and fees from any account you maintain with us. If this happens, you agree that we are not liable to you if we reject payments and checks because there are insufficient funds in your account, except to the extent expressly required by law or our Agreement with you. We will notify you of any changes to the Fee Schedule in the time and manner required by law, and at least thirty (30) days before the effective date of any new or increased service charge or fee that will apply to your account or transactions with us.

Right of Set-off

You understand and agree that we are authorized to set-off and obtain payment of any of your debts or obligations to us, whether direct or indirect, by deducting those amounts from any accounts you have with us, except to the extent expressly prohibited or limited by applicable law (for example, related to indebtedness arising from a consumer credit card transaction or certain accounts whose funds are protected by law). If your account is a joint account, each of you agree to hold us harmless and indemnify us from claims made by other account owners and persons if we set-off the account to obtain payment of a debt owed by only one account owner. Each owner of a joint account understands and agrees that we are entitled to set-off a joint account to obtain payment of a debt owed by any one or all of the joint owners.

Terminating and Suspending an Account

We reserve the right to suspend payments made from the account based on any legal process served on us that relates to you and/or funds in the account. We also reserve the right to terminate your account and terminate account services and access devices, at any time, for any reason, and without advance notice to you. If this happens, termination of our deposit relationship with you will also immediately discharge any duty or obligation we may have to process or accept payments, deposits, or other transactions in the account after termination. We may close the account by sending a check to you for the collected balance and giving you notice that we have done so.

Transferability; Assignment

All accounts are transferable only on our books and official records. You cannot transfer or assign any interest in your account, except by withdrawal, without our written consent.

Dormant Accounts

If you have not made a withdrawal from or a deposit to your account for a period of 24 consecutive months, we may consider the account to be inactive and dormant. If this happens, we may assess a dormant service charge in the amount shown on our current Fee Schedule, and deduct that fee from your account balance. If, by assessing the dormant service charge, the account reaches a zero balance, we will close the account to future transactions. We may return transactions presented for payment from a dormant account. After we wait any period of time and give any notice required by applicable law, we will escheat and pay funds associated with a dormant and inactive account to the state governmental agency responsible for administering the state’s unclaimed property law. If this happens, we are not responsible or liable to you for any funds we pay and escheat to a state governmental agency from a dormant and inactive account.

Loans Secured by Deposit Accounts

All signers on an account offered as collateral must be at least 18 years of age. We may require that all signers to an account offered as collateral also sign certain credit and security instruments when the account is used as collateral. We may require that signers of promissory notes, security agreements and other documents needed for any loan secured by your deposit account(s) appear in person before our employees and at our business locations. Loans secured by deposit accounts are subject to our collateral loan policy.

Lost or Stolen Passbooks or Checks

If any passbook or check is lost, stolen, destroyed, or disclosed to an unauthorized person, you must notify us immediately in writing or, if you are enrolled in Online Banking services, electronically as provided in the Home Banking Agreement. If we are not properly notified by you, we will not be responsible for any loss you may sustain as a result of someone presenting the lost or stolen passbook or check. We may insist that the account be closed and a new account be opened. Before permitting you to use the account or open a new account, we may require a waiting period. For passbook accounts, we may require all account owners to sign an Affidavit for Lost Evidence of Account in the presence of a Notary Public.

Amendments

We may amend the terms and conditions contained in our Agreement with you at any time, including but not limited to those found in this Deposit Account Agreement and our Fee Schedule, after we give you any notice and wait any time period required by law and our Agreement with you. If you continue to use the account and our services after we notify you about a change in the Agreement, this will mean that you agree to the amended terms and conditions. We may mail a notice of the amendment to you at the most recent primary address for your account shown on our records or, if you are enrolled in Online Banking services, we may provide an electronic notice to you in the manner described in the Home Banking Agreement. We may also post a notice in each of our offices of amendments to our Agreement.

Waiver

You understand and agree that we may waive any fee, charge, term, or condition set forth in the Agreement, on a one-time basis and for any period or duration, without changing the terms of the Agreement or your obligations to us under the Agreement. If this happens, you also agree that we are not required to provide similar waivers in the future or that we are not waiving our rights to enforce the terms of the Agreement as written.

Power of Attorney

We reserve the right to refuse acceptance of a power of attorney if, in our sole discretion, we determine that the documentation, the individual’s identification, or the proposed transaction, to be questionable in nature. We may require the attorney-in-fact to execute an affidavit stating, among other things, that the power of attorney document presented: (1) is a true copy; (2) that their powers remain in effect as written in the power of attorney; and (3) to the best of his or her knowledge, our customer and account owner is still living. We may continue to rely on any power of attorney which is valid at the time it was created until such power of attorney is revoked in writing and additional statutory revocation time (if any) has expired. All power of attorney documents shall be governed by that State’s applicable law, as such may be modified from time to time.

Applicable Laws and Regulations

Our Agreement with you shall be governed by and construed in accordance with all applicable federal laws, and all applicable substantive laws of the State of Ohio, the state in which we have our principal office and open and maintain the accounts. We are also subject to certain federal and state laws, and local clearing house rules, that govern the subject matter of certain provisions in the Agreement. If any provision in our Agreement is found to violate or be restricted by any applicable law, then you and we agree that any such provision in the Agreement shall be construed and applied in conformance with law and the remainder of the Agreement shall be unaffected and remain in full force and effect.

Account Ownership

You have instructed us about the proper title of the account. We are not responsible for informing you about the proper title to give any account, or informing you about how creation of the account affects legal interests or rights held by you or anyone else. If you have any questions about the legal effect of account ownership, you understand that you must consult your own attorney. You are solely responsible for determining the legal effect of creating and maintaining any account with us. The laws of the State of Ohio will govern the ownership rights of the account, except as otherwise specifically stated in this Agreement.

Change of Account Ownership

Any change in account ownership may subject the account to closure and the penalty for early withdrawal.

Definition of Account Ownerships

Individual Account

An individual account is an account in the name of one depositor only. Only that person is authorized to sign checks or other items, to withdraw funds, or otherwise to authorize transactions or other matters with respect to the account.

Joint with Right of Survivorship Account

An account with two or more account owners is a joint account with survivorship rights. If you have opened a joint account, you agree that the account will be a joint account payable to any one of the joint owners or to the survivor(s) or of any one of the joint owners, so long as any such owner/survivor is authorized to sign upon the account. If the account is joint, but only one of the joint owners is authorized to sign upon the account, we may treat it as an individual account. You authorize any joint owner to endorse any item payable to you for deposit to this account or any other transaction with us. We shall incur no liability or loss for transactions completed by any joint owner on your behalf. Even if you intend to create a right of co-ownership in a joint account, you understand that we may, upon receipt of notice of the death or incapacity of a joint owner, hold the account until you have satisfied us that all legal documents necessary to make payment have been delivered to us, or we have been ordered by a court to dispose of the account. If we believe there is a dispute between joint account owners, or if we receive inconsistent instructions from joint account owners, we may freeze the account until we receive written instructions signed by all joint owners or require a court order directing us as to the disposition of the account. FOR FLORIDA JOINT ACCOUNTS ONLY: If an account is in the names of spouses, you understand, intend and agree that the account is NOT owned as tenants by the entireties. We reserve the right to refuse to allow a joint account to be held as tenants by the entireties.

Pay-on-Death Account (aka Payable on Death Account)

You may open a Payable on Death (“POD”) account in the following ways:

1. Single Party POD Account (one account owner) with a payable on death designation. When the account owner dies, ownership of the funds in the account passes to the designated payable on death beneficiary/beneficiaries and not to the POD account owner’s estate; OR

2. Multiple Party POD Account (more than one account owner) with Right of Survivorship and payable on death designation. When one account owner dies, ownership of the funds in the account remains with the surviving account owners. When the last surviving account owner dies, ownership of the funds in the account passes to the designated payable on death beneficiary/beneficiaries and not to the last POD account survivor’s estate.

If you open a POD account, you understand that you are the owner of the account during your lifetime and you retain the right to withdraw the proceeds of this account, in whole or in part, and to designate a change of beneficiary/beneficiaries. If there are multiple POD owners, you understand that any one POD owner has the right to deposit or withdraw funds from the account. However, all POD owners must sign to change and/or delete the designated beneficiary/beneficiaries. You understand that the initial amount deposited, plus all additional credits to the account, shall not be made available to the beneficiary/beneficiaries until the death of all the POD account owners.

On the death of the sole POD account owner or the last survivor of two or more POD account owners, funds on deposit belong to the surviving beneficiary or beneficiaries. If no beneficiary survives the POD account owner(s), funds on deposit belong to the estate of the last surviving POD account owner.

FOR FLORIDA POD ACCOUNTS ONLY: Your account shall be governed by Florida law regarding POD accounts, including without limitation Florida Statutes § 655.82, as amended from time to time.

Uniform Transfer to Minors Account

If you open an account as custodian for a minor beneficiary, the account shall be subject to the Ohio Transfers to Minors Act, or similar law, as adopted by the States of Ohio and Florida as such laws may be modified from time to time.

Custodian Account

This account is opened when a person or corporation (“Custodian”) is in control and possession of funds that belong to someone else. The Custodian is responsible for the care and preservation of the funds and has full authority with regard to the account, but has no ownership interest in the funds on deposit.

Formal Trust Account

A formal trust account is an account held by one or more trustees for the benefit of one or more beneficiaries pursuant to a written trust agreement. Upon our request, the trustee(s) must supply a complete copy of the trust agreement to us, and any amendment(s) or such other document or certification that applicable law permits us to rely on as a summary or description of the trust establishing the account. We act only as the depository for the trust funds and are under no obligation to act as a trustee or to inquire as to the powers or duties of the trustee(s). You agree to comply with all applicable laws as to your actions as trustee of the account.

Guardian/Conservator Account

An account opened by a person or persons appointed by the court and charged with the duty of taking care of another individual and managing the property and rights of the individual who, because of age, disability, degree of understanding or self-control, is considered incapable of administering his or her own affairs.

Decedent Estate Account

An account opened in the name of a personal representative, administrator, administratrix, executor, or executrix of the estate of a deceased person.

Representative Payee Account

An account opened by an individual who is appointed by the federal government to handle federal benefit payments on behalf of another person.

Business Account

A business account is an account which is not held for personal, family or household purposes, but rather for commercial purposes (i.e., a corporation, partnership, sole proprietorship, unincorporated association, etc.). We may ask you to provide us with evidence to our satisfaction of the authority of those individuals who sign the signature card on behalf of the business. Specimens of the signatures of those authorized to make withdrawals from the account and to act in connection therewith are indicated on the signature card. If the account is opened as a business account, you are authorizing us to act upon the request of the business bearing any of such signatures until we receive written notice of the authorization of other signers together with specimen signatures of those other person(s).

 

1. Application of the Agreement: The transfer covered by this agreement is a direct ACH debit of funds from your account at the Financial Institution where your deposit account is held. By agreeing to the Terms, you are authorizing Third Federal Savings to debit your account at the Deposit Financial Institution for recurring debits (a onetime debit) to make a payment to your mortgage loan. These recurring debits shall continue to be processed until such time as you revoke your authorization as referenced below or the loan is paid in full. You understand that the rules and regulations applicable to all of your accounts and or loans with us remain in effect and continue to be applicable.

2. Indemnification: You acknowledge that all of the information you provided to TFS during the ACH loan payment set-up process is true, complete and correct. You agree to indemnify and hold TFS, its associates, agents, and/or assigns harmless from and against any and all causes of action, claims, liabilities or costs (including reasonable attorneys’ fees) that arise against TFS, its agents, associates and/or assigns by reason of having relied on the information provided by you and/or related to TFS providing the services pursuant to the terms of the agreement.

3. Beginning Date: You authorize us to begin processing ACH debits from your account at the Deposit Financial Institution  beginning the date indicated during the payment set-up process. The beginning date will be included on the confirmation e mail provided to you by TFS. 

4. Provisional Credits: Credit given by us to you with respect to an ACH debit entry is provisional until we receive final settlement through a Federal Reserve Bank. All loan payments will be credited subject to subsequent verification and collection. Understand that payments scheduled for the same day or next day may still take 2-3 business days to process and anything submitted after 3:00 pm ET will begin to process the next business day.

5. Returned or Rejected Debits: If payment is rejected or reversed for any reason, that payment will be reversed from your loan and it will be your responsibility to a make payment to your TFS loan by other means.

6. Debit Amounts: All debits will be for the amount you entered during the ACH loan payment set-up process. You also authorize us to process any reversing debits and credits to correct any erroneous transactions. 

7. Transaction Limitations: The following limits will apply for online payments from an external account (ACH): One payment per day, per customer, maximum payment amount allowed $15,000.00. Maximum amount allowed over a rolling 28 day period is $15,000.00 per customer.
 
8. Change in Payment Amount: If for any reason the amount of your payment changes you will need to log into Online Banking and change the amount of your recurring ACH debit to the new amount. If you fail to make the change  your payment may not be applied correctly to your loan and may result in a late payment and  fees.

9. Your Right to Stop Payment of Pre-authorized Debits and How to Do So: You may stop a payment or revoke the Authorization by logging into Online Banking and stopping/cancelling your payment.

10. Limitation Liability for Failure to Complete Transaction: You agree that we will not be liable for a failure to complete a transaction if, among others things; (a) through no fault of ours, your account does not contain enough money (or sufficient collected funds) to complete the transaction; (b) if through no fault of ours, the other parties to the transaction fail to execute the transaction; (c) your account is frozen because of a court order or similar reason; (d) your account information has been reported lost or stolen and the account has been blocked; (e) circumstances beyond our control prevent the transaction, despite reasonable precautions we have taken.

11. Business Day Disclosure: Our business days are Monday through Friday, excluding holidays. When the payment date (the date on which the debit from the Financial Institution is credited to your TFS loan payment) falls on a weekend or Federal holiday, the payment date will change to the next business day. If the date chosen falls on the 29th, 30th, or 31st and there are not that many days in the month, the payment date will be the last day of the month unless that falls on a weekend or Federal holiday, then it will be the next business day. The Financial Institution’s business days may vary.

12. Fees and Charges: There are no fees from TFS to initiate an ACH transaction. Transaction fees may be charged by the Financial Institution where your deposit account is held. Late fees or other charges may apply for any loan payments not made on time. We reserve the right to institute other charges or fees in the future.

13. Termination or Amendment: We may, at any time, terminate your right to make direct payments, amend the terms of this agreement or cancel the agreement. Termination by either you or us does not affect your obligation(s) under any loan agreements. If there is a conflict between this agreement and something said by one of our associates, you agree that the agreement controls. 

14. Acknowledgment: You must agree to the Terms and Conditions detailed in this document before you will be allowed to continue. Please print a copy for your records.

This Home Banking Agreement is between Third Federal Savings and Loan Association of Cleveland ("we," "us," "our," or "Third Federal") and any eligible consumer who enrolls in our Online Banking service and/or uses our Personal MoneyLine service ("you," "your," or "yours"). We agree to provide Online Banking services and/or Personal MoneyLine services to you on the terms set forth in this Home Banking Agreement, and on any additional terms you accept when enrolling in specific Online Banking services (together, our "Agreement" with you).

When you use any of the Online Banking services and/or Personal MoneyLine services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.

This Agreement describes your and our rights, responsibilities, and obligations.

I. Definitions.

"Account" means any checking, savings, mortgage, equity line of credit or other account you have with us for personal, family or household use, and which we designate on our website (www.thirdfederal.com) as an "Account" that may be accessed via Online Banking.

“Account aggregation” is a service offered by third-party companies that involves compiling information from different accounts, which may include bank accounts, credit card accounts, investment accounts, and other consumer or business accounts, into a single place.

“Mobile Application” means the Online Banking programs we make available for use with your wireless device.

“Mobile SMS Text Message Banking” means the Account activity alerts you may ask to have delivered to your wireless device by text message, as well as the text messages we may exchange with you for purposes of responding to any of your on-demand Account inquiries.

“Mobile Suite” means the group of Online Banking services, features and programs that we make available from time to time for use with your wireless device and wireless services, which will provide you with limited access to certain Online Banking services. The Mobile Suite includes Mobile Applications and Mobile SMS Text Message Banking. The Mobile Suite is designed to optimize your experiences with our Online Banking services, based on the wireless device and wireless services that you choose. Not all of the Online Banking services, features and programs that are available when you use a personal computer will be available when you use your wireless device and wireless services.

"Online Banking Password" means the confidential string of characters and/or digits used for identification purposes in connection with the use of our Online Banking service.

"Online Banking service" means the Account information and Account services we make available or provide to you using Internet and cellular data services, when you use a personal computer or wireless device.

"Password," "Personal Identification Number" or "PIN" means the confidential string of characters and/or digits used with your Username for identification purposes in connection with the use of our Online Banking and Personal MoneyLine services.

"Personal MoneyLine PIN" means the confidential personal identification number used for identification purposes in connection with the use of our Personal MoneyLine service.

"Personal MoneyLine service" means the audible Account services and audible Account information we make available or provide to you by telephone, such as information about your Account balances, rates, and other information about our available products and services.

"Secure Email" means the secure electronic communications you and we exchange with each other through the electronic message center provided as part of our Online Banking services, or the secure electronic communications you and we exchange with each other using a secure message service we select and approve for your use and ours. Electronic mail messages you send to us by other means, even if correctly addressed to us or one of our employees, are not secure. Please do not send confidential personal or financial information to us by electronic mail, except by Secure Email provided as part of the Online Banking service or another type of Secure Email we selected and approved for this purpose.

"Transfer" means any electronic banking transaction, including a deposit, withdrawal, or payment, made electronically.

"Username" is your unique identification credential that must be used, along with your password, before we will provide Online Banking services or permit access to your Account information.

“Wireless Device” includes the mobile phones, mobile tablets, and other mobile devices and equipment that can be used to access the Internet and that can use programs and applications designed for use with these devices. 

“Wireless Service” means the wireless telecommunications and data services you may purchase through various wireless service providers, which allow you to access the Internet and use various applications with your wireless device, including our Mobile Applications. Depending on your wireless service contract, special data rates may apply and your wireless service provider may require you to pay additional charges when you use the Mobile Suite of products, and when you and we exchange data and information associated with our Online Banking services.

II. Setup and Use of Online Banking.

A. Eligibility.

Before you may use our Online Banking services, you must first complete the online enrollment form for Online Banking services available on our website (www.thirdfederal.com or on our mobile application). If we determine you are eligible, we will enroll you in our Online Banking services.

To enroll in Online Banking, you must have at least one Account with us. You will need to create a Username and password before you can log on and receive Online Banking services. You may change your Online Banking Password and/or Personal MoneyLine PIN at any time. We may require you to change your Personal MoneyLine PIN or Online Banking Password at any time for security reasons. You must keep your Username, Personal MoneyLine PIN and Online Banking Password in a secure location. Any person who has access to your Username and Online Banking Password will be able to access Online Banking and perform all Account transactions and inquiries that you may perform.

B. Access.

Using Online Banking and Personal MoneyLine, you can access only those Accounts for which you are an authorized signatory, including those Accounts where you are a sole or joint owner, trustee, custodian, or co-signer. Online Banking and Personal MoneyLine services are generally accessible 24 hours a day, seven (7) days a week, except that either service may be inaccessible on occasion for a reasonable period of time for system maintenance or for other reasons beyond our control. We are not liable under this Agreement for failure to provide access to Account services and information due to a system failure, other unforeseen acts, acts by third parties beyond our control or for any other loss under circumstances as otherwise indicated in this Agreement. We may modify, suspend, or terminate (see Section VII) access to Online Banking or Personal MoneyLine at any time and for any reason without notice.

Depending on your access device, you may have the option to authenticate your identity and gain access to Online Banking using just your fingerprint. If you choose to activate this feature, it is your responsibility to control access just as you would with your personal ID and password. Please note, that any person who has a fingerprint stored in your device may be able to gain access to the apps that use this feature.

C. Equipment and Software Requirements.

To use Online Banking services, including the Mobile Suite, you must maintain, at your sole cost and expense, all of the equipment, hardware, software and services that satisfy the technical requirements we specify from time to time and that allows you to obtain and keep secure access to the Internet and cellular data services as required by the Agreement. You must pay any and all expenses related to the use of the Online Banking services, including but not limited to telephone, data, and Internet service charges.  To use Online Banking services by personal computer, you need a personal computer with a working and compatible operating system and browser, secure access to the Internet provided by a service provider of your choice, and a printer or storage device. To use Online Banking services by a Wireless Device, you need a wireless device and wireless services that are compatible with our Mobile Suite of products and that permit secure access to the Internet and cellular data services. A faster processor will give a better Online Banking experience. A connection to the Internet that provides throughput of 28.8 kbps or higher is sufficient. A Web browser that supports 128-bit encryption, or better, is required. You are responsible for the setup and maintenance of your home computer, modem, wireless devices, and wireless services. You agree to scan your personal computer, wireless device, hardware, and software on a regular basis, using a reliable virus detection product, to detect and remove any viruses or harmful malware.

To access communications from us sent to your external email address, you must have an active email account with an Internet email service provider and software enabling you to download and view Internet email. To print or download communications for Online Banking, you must have a printer connected to your computer and software that allows you to print from your computer, or sufficient hard-drive or disk space to save the communications.

D. Limitation of Liability.

Disclaimer of Liability.

You agree that we are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser, your Internet service provider, your software or any equipment you may use, including your telecommunications facilities, computer hardware and modem to access or communicate with Online Banking. You are responsible for the correct setup of your personal computer and wireless devices. Neither we, nor any of our service providers, are liable for damages of any kind (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or system-wide failure, that may arise or result from the use or maintenance of any personal computer, wireless device, or other equipment or items necessary to operate Online Banking. You agree that we are not liable to you for any claims or damages that may result from or relate to any virus or malware or related problems that may be associated with your use of email or the Internet. You also agree that we are not liable to you for any claims or damages that may result from or relate to defects in or malfunctions of your personal computer, wireless device, hardware or software, or any failures of or interruptions in any electrical, telephone, mobile data, wireless services or Internet services. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO THE USE OF, INABILITY TO USE, OR TERMINATION OF THE USE OF ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. 

Limitation of Liability for Good Faith Reliance on Instructions.

We will not be liable to you or any third party for any loss that results from any action or inaction on our part, if our action or inaction is taken in accordance with instructions that we believe, in good faith, to be reliable and authorized by you, unless and only to the extent expressly required by applicable law.

Giving your username and password to a third party such as an aggregation service, limits Third Federal’s ability to protect your personal account information. Please use caution when providing personal information and log-in credentials to aggregation services. Be sure to read and understand the aggregation service provider’s privacy and security policies before sharing any personal information.

Internet Disclaimer.
 
The Account documents, files, data, and other information you and we may exchange depends on the performance of Internet and telecommunications services provided or controlled by third parties. The action or inaction of these third parties can disrupt your and our connections to the Internet and telecommunications services. You agree that we are not liable to you for events that arise from or are related to any such events. We shall not be liable to you for damages of any kind, whether in contract, tort, or otherwise, that are attributable or related in any way to the use and availability of Internet or telecommunications services, or your or our ability to connect to and use the Internet or telecommunications services.

E. Disclaimer of Warranties.

YOU AGREE THAT YOUR USE OF ANY ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, AND ALL INFORMATION AND CONTENT PROVIDED BY AND FROM ANY SOURCE THROUGH THE ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT, UNLESS DISCLAIMING ANY SUCH WARRANTY IS EXPRESSLY PROHIBITED OR LIMITED BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE ONLINE BANKING SERVICES ARE FREE FROM ANY COMPUTER VIRUS OR OTHER SOFTWARE-RELATED PROBLEMS. 

III. Online Banking Services.

A. Online Statements:

Electronic Delivery. We will provide certain Account statements, change of Account terms, and other Account notices ("Online Statements") to you electronically, if you enroll in Online Statements as part of your Online Banking services. To access your Online Statements electronically, you must be enrolled in Online Banking and meet the other requirements outlined in the Home Banking Agreement.

Your Consent is Required. You must consent to receiving Online Statements electronically before we can provide them to you using that method. You provide your consent for electronic delivery of these materials when you enroll in Online Statements.

Maintain a valid Email Address. You agree to maintain a valid, active email address so we can notify you when your Online Statements are available for viewing online. You agree to notify Third Federal immediately of any change to your email address.

Withdrawal of Consent and Update of Information. You have the right to withdraw your consent at any time to receive Online Statements electronically. To withdraw your consent or update information we need to contact you electronically, you may call us toll-free at 1-877-487-1748; write us at Third Federal Savings & Loan, Attn:  Internet Services Online Banking, 7007 Broadway Avenue, Cleveland, Ohio 44105; send us a Secure Email through Online Banking; or email us at info@thirdfederal.com.

System Requirements to Access and Retain the Information. To view your Online Statements, you must meet the equipment and software requirements outlined in the Home Banking Agreement.

Closed Accounts. You will not be granted access to Account information through Online Banking, including Online Statements, after the Account has been closed. Your last Account statement will be mailed to the address we have on file for you.

Copy of Statement. To request a copy of your Account statement, you may visit one of our branches; call us toll-free at 1-800-844-7333; write to us at Third Federal Savings & Loan, 7007 Broadway Avenue, Cleveland, Ohio 44105; send us a Secure Email through Online Banking; or email us at info@thirdfederal.com. See our current fee schedule for details on applicable fees.

B. Internal Funds Transfer and Services Offered:

Account Transfers. You may make transfers between Accounts that you have with us. You may transfer funds through Online Banking in any amount. We will deduct the amount of your funds transfer from your Account on the date you ask us to process it or at the earliest time after that when our systems and employees are able to receive and process your request. We may refuse to act on your funds transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Accounts on the date you want us to transfer funds.

Scheduled Recurring Transfers. You may schedule one or more transfers between your Accounts to occur on a weekly, monthly, or bi-monthly basis.

(a) Transfers scheduled for a specific date that falls on a Saturday, Sunday or Federal holiday will be deducted from your available balance and posted to your Account on the next business day.

(b) Transfers scheduled for a date that does not exist in a calendar month (i.e., 29, 30, and 31) will be processed on the last day of the calendar month.

(c) You will receive a "success transfer" or "failed transfer" email indicating information entered at the time of origination of a scheduled recurring transfer. Scheduled recurring transfers may be added, deleted, and/or changed up to the scheduled date of transfer; provided, however, you have given us adequate time to act on your instruction before the particular recurring transfer has been carried out.

(d) You are responsible for managing your scheduled and/or recurring transfers and keeping track of when they expire.

Obtain Account Balances. Your Account balance is generally current, but may not include transactions that have not been posted (such as checks cashed at a teller window on the same day). In addition, your Account balance may show funds that have been credited to your Account, but that are not yet available for withdrawal.

Notifications. You may establish criteria through our Online Banking service to have certain types of informational Account notices sent to you in different ways. For example, you can arrange to have an email message notify you when a specific check has been paid from your checking Account, or when an Account balance is above or below the dollar amount you specify, or when a Certificate of Deposit Account is near its maturity date. Check our Online Banking website for more details about the options that are available to you. The informational Account notices you may request through Online Banking are not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.

Transaction History. For specified Accounts designated on our website (www.thirdfederal.com), you may review the history of past Account transactions over at least the previous six (6) months. The Account transaction history you review through Online Banking is not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.

Secure Email. You may exchange Secure Email messages with us through the electronic message center we provide as part of our Online Banking services or through a secure message service we select and approve for your use and ours. Electronic mail messages you send to us by other means, even if correctly addressed to us or one of our employees, are not secure. You may not use email messages, even Secure Email, to initiate transfers on your Accounts or make stop payment requests.

These activities are limited to the extent noted above and in the agreements governing your various Accounts, including, but not limited to, your Deposit Account Agreement. You should refer to these agreements for restrictions and service charges.

C. External Funds Transfer:

Subject to the terms of the Funds Transfer Agreement, you may transfer funds to or from your checking, savings, or investment account(s) at any financial institution to or from your deposit account(s) at Third Federal. You must be an owner of the accounts in order to conduct external funds transfer. For complete details, see the Funds Transfer Agreement.

D. Mobile Suite:

The Mobile Suite of products is available to any customer who is eligible and enrolled in Online Banking.  Before you access any of the products in the Mobile Suite, you must already be enrolled in Online Banking and have your own wireless device to access the service from.  Third Federal does not provide wireless devices or perform wireless services required to use any wireless device. You are agreeing to the terms and conditions of the Mobile Suite presented in the Home Banking Agreement. By accepting the Home Banking Agreement, you are agreeing to the terms and conditions that apply to the products currently offered as part of the Mobile Suite, as well as any future enhancements that might be made to those Mobile Suite products. To use the Mobile Suite, your Online Banking relationship must be verified and the Wireless Device must be authenticated.  

You are responsible for managing your own mobile message and data plan and other wireless services through your wireless service provider, as well as your Wireless Devices.  Once enrolled in both Online Banking and Mobile Suite, you determine which products to access and you are responsible for managing mobile phone numbers, lost devices, etc. If you have problems using any wireless device or wireless services, you must contact the provider of your Wireless Device or your wireless services and ask that provider for assistance. We will not troubleshoot, diagnose, or repair any Wireless Device or wireless services.

You are responsible for selecting and using a compatible Wireless Device. In addition, you must purchase your own wireless service plan to use the Mobile Suite.  If you do not have a message and data mobile plan, you will be unable to use the Mobile Suite.

You may cancel the Mobile SMS Text Messaging Banking services at any time. To do this, you must either log on through our Online Banking website and deactivate the service there, or text the word “Stop” to us at 454545. You will receive a one-time opt-out confirmation text.

If you deactivate your Wireless Device or a number associated with your Wireless Device, you are responsible for deactivating any further ability to use your Wireless Device or its number through Online Banking, as well as the Mobile Suite. 

The informational Account notices, Account transaction history, and other Account information you receive or review through the Mobile Suite is not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.

You are responsible for keeping your Wireless Devices safe and secure. If a Wireless Device is compromised, stolen or lost, you must notify us immediately, so access to the Mobile Suite can be discontinued.

Mobile Deposits:

This Agreement contains the Terms and Conditions that govern the use of the Mobile Deposit feature provided to you by Third Federal. Mobile Deposit is a feature designed to allow you to make deposits to your eligible Online Banking accounts by scanning checks and delivering the image and associated deposit information to Third Federal.

We reserve the right to change, suspend, or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, at any time, and without any prior notice to you. Except as expressly provided in this Agreement, deposits made through Mobile Deposit are subject to all limitations and terms set forth in the Deposit Account Agreements governing your account. These Agreements may be modified from time to time, including, but not limited to deposit acceptance, crediting, collection, endorsement, processing order, and errors.

In addition you agree that you will (1) not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service (2) copy or reproduce all or any part of the technology or Service; or (3) interfere, or attempt to interfere, with the technology or Service.

Compliance with the Law:

You agree to use Mobile Deposit for lawful purposes and in compliance with laws, statutes, regulations and ordinances pertaining to this service and all laws relating to the banking transactions completed hereunder. You agree that you will only transmit acceptable items for deposit and are in possession of the original items in accordance with applicable laws, rules, and regulations. You promise to indemnify and hold Third Federal harmless for any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of the Account and Agreement.

Limits:

We reserve the right to impose limits on the amount(s) and /or number of deposits you may make over a certain period of time. If you attempt to make a deposit in excess of the limits, your deposit will be rejected. Current maximum deposit limits are:

$2500.00 per day

$5000.00 rolling 30 day period

All limits are set per account.

Eligible checks/items:

You agree to scan and deposit only “checks” as that term is defined in the Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permitted under these Terms and Conditions or such other items as we, in our sole discretion, may elect to accept for deposit. You agree that the image of the scanned check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code. Any image of a check or item that you transmit to Third Federal must accurately and legibly provide all the information on the front and back of the check or item at the time presented to you by the drawer. The original check or item will be transmitted accurately and legibly and will provide the following information: (1) the information identifying the drawer and paying bank that is preprinted on the check, including complete and accurate MICR information and signature(s); (2) payee information placed on the check prior to the time an image of the check is captured and properly endorsed on the back of the check or item.

You agree that you will not use Mobile Deposit to scan and deposit checks or other items as follows:

• Any checks or items payable to a third party (i.e. any item that is made payable to another party and then endorsed to the customer by such party). If the check or item is payable to all account owners, then either account owner may endorse the check or item; unless the check or item is payable with “and”, then all payee’s must endorse the check or item to be accepted for deposit.
• Any checks or items containing alterations of any fields on the front of the check or item, including the MICR line, 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.
• Any checks or items previously converted to a substitute check, as defined in Reg CC.
• Any checks or items drawn on a financial institution located outside the United States.
• Any checks or items that are remotely created checks, as defined in Reg CC.
• Any checks or items not payable in United States currency.
• Any checks or items dated more than six (6) months prior to the date if deposit.
• Any checks or items on which a stop payment order has been issued or which there are insufficient funds.
• Any checks or items otherwise prohibited under the terms of the Deposit Account Agreements. Please see Deposit Account Agreements for further information regarding permitted and prohibited items for deposit.
• Any Travelers checks, Money Orders or Savings Bonds.

Availability:

We will make funds available for checks and items received, accepted and successfully processed through Mobile Deposit in accordance with our standard Funds Availability Policy, as outlined in your Deposit Account Agreements. Deposits made using Mobile Deposit after 4:00 p.m. eastern time Monday – Friday, Saturday, Sunday, and Holidays, will not be processed until the next business day. You understand that you are responsible to confirm the availability of the funds by checking your account.

Deposit processing schedule:

The manner in which checks or items are cleared, presented for payment, and collected shall be in our sole discretion as set forth in our Deposit Account Agreements.

Image quality:

The scanned image transmitted to us using Mobile Deposit must be legible. The image quality of the check or item must comply with the standards established from time to time by the American National Standards Institute, or higher standards set by Third Federal Savings, and with the requirements set by any clearing house used by us or regulatory agency with authority over us.

Endorsement procedures:

You agree to restrictively endorse any item transmitted through Mobile Deposit by writing “For Mobile Deposit Only” after your signature, or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time.

Receipt of items:

We reserve the right to reject an item transmitted through Mobile Deposit, at our discretion. We are not responsible for checks or items we do not receive in accordance with this agreement or for items that are dropped or damaged during transmission. An image of a scanned item is deemed received when you receive confirmation from us that we have received the image. Receipt of such information does not mean that the transmission was without error, properly processed or complete, or that the funds will be credited for that check or item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item. By using Mobile Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. You agree that we bear no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Disposal of items:

You agree to retain any check or item submitted through Mobile Deposit for thirty (30) days after you have received confirmation from Third Federal that we have received your deposit. After the 30 day retention period, you agree to destroy the scanned check you presented for deposit, prominently mark it “VOID”, or otherwise render it incapable of further transmission, presentment, or deposit. You agree to promptly provide the check to us during the 30 day retention period, if requested. You agree never to represent to us, or any other party, a check or item that has been deposited through Mobile Deposit unless you are notified by us that the check or item will not be accepted for deposit through Mobile Deposit.

Representations and Warranties:

You represent and warrant to us that: 1) you will only submit eligible checks and items, and all checks or items will include all signatures required for negotiation(s); 2) you will not transmit duplicate items, nor will you deposit or negotiate, or seek to deposit or negotiate, any previously transmitted check or item with any third party; 3) images will meet our image quality standard; 4) all information you provide to us is accurate and true, including that all images submitted through Mobile Deposit accurately reflect the front and back of the check or item at the time it was scanned; 5) You will use Mobile Deposit only for your deposits and will not allow use of Mobile Deposit by or for the benefit of any third party; 6)you will comply with the terms of this Agreement, and all applicable laws, rules, and regulations; 7) you are not aware of any factor which may impair the collectability of any item; and 8) you agree to indemnify and hold us harmless from any loss or breach of the foregoing representations or warranties.

You also agree to furnish any information in your possession that we may request regarding a check or item presented for deposit or deposited through Mobile Deposit. You further agree to cooperate with us in the investigation of any unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.

Fees and charges:

All charges and fees associated with the use of Mobile Deposit are disclosed in the current Third Federal Savings Deposit Account Fee Schedule.

E.  Changes to Products and Services:

 

We reserve the right, at our sole discretion and at any time and without any prior notice to you, to change or discontinue any and all of the products, services and features offered or made available through Online Banking.

F. Fees:

The activities are limited to the extent noted above and in other agreements that govern your various Accounts with us, including, but not limited to, the Deposit Account Agreement and the Fee Schedule, each as amended from time to time. You should refer to these agreements and schedules for more information about restrictions, fees and service charges.

IV. Parties' Responsibilities.

A. Your Rights and Responsibilities.

Authorized Use and Control Over Access to Services.

You are responsible for keeping your PIN, Password and Account data confidential and for maintaining control over access to your wireless services. You are also responsible for keeping possession and control over your Wireless Devices, telephone, and personal computer. You understand that your election to use any public computer presents additional security risks. You agree that you are solely responsible for ensuring that no one, other than you, may use or access any of your confidential information, such as your PIN, Password, or Account information, if you elect to use any computer that is accessible to the public. You are also responsible for following instructions and advice and installing updates made available to you by the providers of your personal computer, hardware, software, Wireless Devices, and wireless services. We are entitled to act on transaction instructions received using your PIN and/or Password. You agree that the use of your PIN and/or Password will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your PIN and/or Password in any manner, your authorization will be considered unlimited in amount and manner, until you have notified us in writing that you have revoked the authorization and changed your PIN and/or Password. You are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your PIN and/or Password. You must not use or permit the use of any Account or the Online Banking service for any unlawful purpose.

Giving your Username and password to a third party such as an aggregation service, limits Third Federal’s ability to protect your personal account information. Please use caution when providing personal information and log-in credentials to aggregation services. Be sure to read and understand the aggregation service provider’s privacy and security policies before sharing any personal information.

Your Liability for Unauthorized Transactions.

Tell us AT ONCE if you believe your Username, PIN, Password or Wireless Device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your deposit Accounts (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft or your Username, PIN, Password or Wireless Device, you can lose no more than $50 if someone used your Username, PIN, Password or Wireless Device without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Username, PIN, Password or Wireless Device, and we can prove we could have stopped someone from using your Username, PIN, Password or Wireless Device without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or sent to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

Contact in Event of Unauthorized Transactions.

You should change your Online Banking Password or Personal MoneyLine PIN and your Username immediately through Online Banking or the Personal MoneyLine if you believe your PIN or Password has been lost or stolen, or if you suspect any fraudulent activity on your Account.  If you believe your Username, PIN, Password or Wireless Device has been lost or stolen, call us at 1-800-THIRD-FED (1-800-844-7333). You may also write us at Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio 44105 or, if you are enrolled in Online Banking services, you may send a Secure Email to notify us electronically using our Online Banking website (www.thirdfederal.com). You should also contact us in this manner if you believe a transfer has been made using the information from your check without your permission.

Business Days.

Our business days are Monday through Thursday, 9:00 a.m. to 4:00 p.m.; Friday, 9:00 a.m. to 6:00 p.m.; and Saturday, 9:00 a.m. to 1:00 p.m. Holidays are not included. Our Customer Service Representatives at 1-800-THIRD-FED (1-800-844-7333) are available to assist you Monday through Thursday, 8:30 a.m. - 5:00 p.m.; Friday, 8:30 a.m. - 6:00 p.m.; and Saturday, 8:30 a.m. - 1:30 p.m. All times shown are in the Eastern Time Zone. If you use Online Banking services, our facilities are operational 24 hours a day, 7 days a week, except during short periods of time for maintenance. If you contact us electronically by sending a Secure Email after regular business hours, your message will be received and processed the next business day. With respect to your External Funds Transfers, our business days and hours of operation are set forth in the Funds Transfer Agreement.

In Case of Errors or Questions About Your Electronic Transfers.

Telephone us at 1-800-THIRD-FED  (1-800-844-7333), write to us at Third Federal Savings and Loan, Attn: Online Banking Department, 7007 Broadway Avenue, Cleveland, Ohio 44105, or, if you are an enrolled user of Online Banking services, send a Secure Email to notify us through our website (www.thirdfederal.com), 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 sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

(a) Tell us your name and Account number;

(b) Describe the error or the transfer you are unsure about, and explain why you believe it is an error or why you need more information; and

(c) 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 ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (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 within ten (10) business days, we may not credit your Account.

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. 

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Keep Personal Information Up To Date. It is your responsibility to notify Third Federal immediately of any change to your email address and/or mailing address.

Documentation of Transfers or Notice of Transactions.

Periodic Statements.

You will receive a monthly statement showing transactions and transfers made in your checking or statement savings Account, unless there are no transfers in a particular month. In any case, you will receive a statement at least annually.

Preauthorized Transfers.

If you have arranged to have direct deposits (preauthorized credit transfers) made to your Account at least once every sixty (60) days from the same person or company, you can call our Customer Service area at 1-800-THIRD-FED (1-800-844-7333) to find out whether or not the deposit has been made.

Online Banking.

You may review your Account balances and a listing of your most recent Account transactions online. You may also use your home personal computer and printer to print out a copy of your instructions when you use Online Banking to direct a transfer between your Third Federal Accounts.

Documentation as Evidence.

Any documentation provided to you, which indicates that an electronic fund transfer was made, shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

Cooperation With Our Investigations.

You agree to cooperate with us in the investigation of any unusual Account transactions, poor quality transmission, and resolution of claims that may relate to our Online Banking services and your Accounts. If we request originals or copies of any Account documents, records, or instruments that are in your possession or under your control, you agree to provide us with such Account documents, records or instruments at no cost to us.

B. Our Rights and Responsibilities.

Our Liability for a Failure to Make Transfers.

If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement and our Account agreement with you, we are liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(a) If, through no fault of ours, you do not have enough money in your Account to make the transfer;

(b) If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account; 

(c) If the transfer would go over the credit limit on your overdraft line;

(d) If the system was not working properly and you knew about the breakdown when you started the transfer;

(e) If circumstances beyond our control (such as fire, flood, interruption of telephone service or telecommunication facilities, equipment malfunction, strikes, labor trouble, power loss, acts of God, hostilities, acts of terrorism, emergency, or natural disaster) prevent the transfer, despite reasonable precautions that we have taken;

(f) If you have not properly followed the instructions for using Online Banking;

(g) If your operating system or software was not properly installed or functioning properly; or

(h) If another exception applies that is stated in this Agreement or another agreement between you and us.

Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental, or consequential damages. In states which do not allow the exclusion or limitation of liability for indirect, special, incidental, or consequential damages, our liability is limited to the extent permitted by applicable law.

V. Consumer Privacy.

The importance of maintaining the confidentiality and privacy of the information provided by our customers is one of our highest priorities. You should carefully review our privacy policy as published on our website at www.thirdfederal.com.

VI. Confidentiality.

We will disclose information to third parties about your Account or transfers you make:

• Where it is necessary for completing such transfers;

• To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;

• To comply with government agency or court orders;

• Where it is necessary for legal, collection, accounting or auditing purposes; or

• If you give us your written permission.

VII. Termination.

Your Online Banking services remain in effect until terminated by you or us. You may cancel your Online Banking services at any time by notifying us of your intent to cancel by Secure Email; by calling Customer Service at 1-800-THIRD-FED (1-800-844-7333); or by writing to us at Third Federal, 7007 Broadway Avenue, Cleveland, Ohio 44105, ATTN: Internet Services Department. This cancellation applies only to your Online Banking services and does not terminate your other relationships with us. Your termination of your Online Banking services may automatically terminate any pending payments.

We may terminate your participation in and eligibility for the Online Banking service for any reason and at any time. We may, for example, terminate your participation in and eligibility for the Online Banking service if we suspect that you or someone else may be using or attempting to use any Account or the Online Banking service for any unlawful purpose. We will try to notify you in advance, but we are not obliged to do so. We may cancel your service when your Online Banking service remains inactive for more than six (6) months or you no longer have any active Accounts with us.

VIII. Changes in Terms and Other Amendments.

We may amend this Agreement with advance notice where required. Any changes to this Agreement will be posted on our website (www.thirdfederal.com) and will be provided to you when required by law. Your continued use of Online Banking following posting of amendments on our Online Banking website constitutes your acceptance of the terms and conditions of any posted amendment.

IX. Other Provisions.

A. Electronic Notice.

You agree that we may send general service-related notices to you by electronic mail. You may use Secure Email to contact us about inquiries, maintenance and/or some problem resolution issues. Sending electronic mail by means other than through our Secure Email message center in Online Banking or another Secure Email method we select and approve for your use may not be a secure method of communication. Please do not send confidential personal or financial information to us by email, except by Secure Email.

There may be times when you need to speak with someone immediately (especially to report a lost or stolen PIN or to stop a payment). In these cases, do not use Email. Instead, you should call us at 1-800-THIRD-FED (1-800-844-7333).

B. Ownership of Web site.

The content, information, and offers on our website (www.thirdfederal.com) are copyrighted by Third Federal Savings and Loan Association of Cleveland and the unauthorized use, reproduction, linking, or distribution of any portions is strictly prohibited.

C. Governing Law.

This Agreement is governed by Federal law and, to the extent not preempted by Federal law, by the laws of the State of Ohio, without regard to conflict of law provisions. Your existing Account relationships shall continue to be governed by and construed in accordance with the laws as disclosed in such Account agreements.

D. Severability.

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid by any court of competent jurisdiction, that part, term, or provision shall be conformed, if possible, to prevailing law in the State of Ohio, or, if preempted, federal law, rather than voided. If voided, the remaining portion or portions shall be considered severable and shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be illegal or invalid.

Home Banking Agreement - Updated 05/2018

 

Third Federal Savings respects and values your privacy. Our Online Privacy Disclosure (“Privacy Disclosure”) describes and applies to the information we collect from you when you visit the Third Federal website or affiliated websites. Our Privacy Disclosure generally describes how we collect, share, use, and protect your information. Other Third Federal policies, such as Third Federal Privacy Notice, may also apply and help further explain how we may use your information.

The terms “we,” “our,” and “us” in this Online Privacy Disclosure refer to Third Federal Savings & Loan Association of Cleveland and/or its affiliates, divisions, or subsidiaries. By visiting our site you are accepting the practices described in this Policy and consent to our use of cookies and similar technologies. 

Information We Collect
Third Federal may collect information about you when you browse our website, use our online services, or when entering data into an application for a new product or service. We may also collect information about your computer or device, internet browser, pages you visited and information you provide voluntarily. Some of the information you submit may be personally identifiable, such as your name, address, and social security number. We may use this information to better service your requests and/or inquiries, monitor site usage, improve your experience when visiting our site, ensure technological compatibility with your computer or other electronic or mobile device, protect against fraud and identity theft, or protect against and investigate suspected online criminal activity. 

It is possible to browse our site without submitting any personally identifiable information; however, once you sign in or begin completing an application, you are no longer anonymous because we will need to identify you in order to provide those services.

Information We Collect Automatically
Each time you visit our site, non-personally identifying information is automatically collected about your web activity. This information may include, but is not limited to some or all of the following items:Internet Protocol (IP) address and/or domain; geo-location of your computer; type and version of internet browser software and operating system you use; date, time, and duration of your site visit; specific pages, buttons, images, videos, links, or forms that you access while visiting our site; type of device (e.g. iPad®, iPhone®, Android™); mobile carrier and/or internet service provider; and demographic information concerning the country of origin of your computer and the language(s) used by it.

Some browsers incorporate a “do not track” feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a single website. For those purposes tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time.

We currently do not process or comply with any web browser’s “do not track” signal or similar mechanism that indicates a request to disable online tracking of individual users who visit our 
website or use our services.

Information Collected Through Cookies
The use of cookies is a standard practice among websites to collect or track information about your activities while using the website. Cookies are small text files that are placed on your computer to distinguish you from other visitors to our site. A cookie provides us with information such as time of your last site visit and the pages you viewed. We and/or our third party advertising service providers may place cookies or similar files on your hard drive while visiting our site. Browsers are typically set to accept cookies.

Third Federal may also use similar technology (e.g. web beacons, pixels) to track visitor’s activities. This allows us to verify your identity and honor your personal settings (e.g., font size, location), to enhance your online experience and help us improve our services. We may use these technologies to track your online application or the effectiveness of our advertisements. Cookies used for tracking advertising do not collect personally identifiable information.

You can choose to have your browser warn you every time a cookie is being sent to you or you can choose not to accept cookies. You can also delete cookies from your computer at any time. If you refuse cookies, the functionality of our site may be impacted or become non-functional. Since every browser and computer is different, you will need to follow your browser’s instructions for disabling or deleting cookies from your computer.

Additional Information on Online Advertising
We may partner with third parties to deliver and monitor advertising on thirdfederal.com and other affiliated websites. Our partners may monitor advertisement “click-through”, web traffic, or other activities in order to improve visitor experience. These third parties are subject to their own privacy policies.

How We Use and Share Your Information
We collect information about you to provide personalized products and services. The information we collect may be used to identify you, process transactions or improve products. The Third Federal Savings & Loan Privacy Notice explains how we may use the information you provide when you apply for or obtain one of our consumer products or services. Third Federal does not share with third parties except as permitted by law.

Protecting your Information
Third Federal is committed to safeguarding your private personal information. We use physical, electronic, and procedural security measures that comply with government standards and guidelines to safeguard your information. Associate access to your information is restricted and allowed on a business need-to-know basis only. When you sign on to our Online Banking services or enter your information during the application process, we use technology that will encrypt and privately send your information to our network.  

You play a critical role in safeguarding your personal information from others by maintaining up to date computer security protections and by reviewing your statements promptly. The Federal Trade Commission’s websites, www.ftc.gov, www.ftc.gov/idtheft, www.business.ftc.gov/, and www.onguardonline.gov, offer useful information about how to protect your personal identifiable 
information.

Linking to Other Websites
We may provide links to other websites. If you are notified that you are leaving Third Federal’s website via pop up, we are not responsible for the privacy or security of the sites you are going to. This includes the accuracy, completeness, reliability or suitability of their information. If you are asked to provide information on one of these websites, we urge you to review their privacy policies before sharing any information. 

Social Media
You may also find additional information on our products and services through our social media sites such as Facebook. Please keep in mind that any information you share is visible to all participants on social media and you should never post any sensitive personal information (such as your account number or social security number). Carefully review Third Federal’s social media Terms of Use along with the Terms of Use and Privacy Policy of the social media site as they may be different than Third Federal’s.

Electronic Communication
Forms of communication such as email, text messaging and social media are a form of electronic communication and are inherently unsecure. Please refrain from submitting personal information (such as account number or social security number) via email or other forms of electronic communication. If you contact us via email or some other form of electronic communication, you are consenting to receive communications from Third Federal or one of our providers electronically.  We may retain the contents of any electronic communication, for example your email address, unique identifier (such as your Facebook name), and our response in order to better service your needs or for audit, legal, regulatory or other business-related reasons.

Personal Information on Children
Third Federal respects the privacy of your children and encourage parents to supervise their children’s computer usage. We do not knowingly collect or retain personal information from children under the age of thirteen. To learn more about the Children’s Online Privacy Protection Act (COPPA) please visit the Federal Trade Commission’s website. 

Changes to Our Online Privacy Disclosure
Please note this Online Privacy Disclosure is subject to change and will always bear the date of the last update. It is your responsibility to review this Disclosure frequently to remain informed about any changes that may have been made. Your continued use of our site constitutes your acceptance of any amendments made to this Disclosure.

Last updated 03/04/2016