True Blue Online® Business Terms and Conditions

1.    TERMS OF AGREEMENT.  These True Blue Online® Business Terms and Conditions ("Agreement") govern the use of True Blue Online® Business (“TBO Business”) available from Capitol Federal® Savings Bank ("Bank," "we," "us" or "our").  Enrollment to TBO Business must be authorized by the individual(s) designated on the Company Resolution authorized to enable Cash Management and Cash Management Services for the entity (“Company,” “you,” or “your”).  The Company will designate a primary user (“Primary User”) (sometimes referred to as the Company’s “Online Banking Administrator”) who is authorized by the Company to act on behalf of the Company as the primary point of contact for TBO Business who shall be responsible for the ongoing management of all users.  The Primary User may grant additional access to TBO Business to other individuals in the Company (“Authorized Users”), who shall also be authorized to act on behalf of the Company.  TBO Business includes the Cash Management Services offered through our TBO Business banking website ("Website") or mobile app (“Mobile App”) and identified in Section 8 below.  Access to TBO Business by the Primary User and any Authorized User is controlled by a unique company ID (“Company ID”) and individual log-in credentials, including a unique user ID (“User ID”) and password (“Password”).    
2.    ENROLLMENT IN TBO BUSINESS. To access TBO Business, the Company must complete the Cash Management Enrollment Form, identify accounts for access, and identify a Primary User.  This Agreement incorporates and supplements any terms and conditions appearing on the Cash Management Enrollment Form, and, in the event of a conflict, this Agreement shall control.  Enrollment may be authorized by the individual(s) identified in the Company Resolution document(s) designated with authority to establish Cash Management and Cash Management Services.  As part of enrollment in TBO Business, we will provide the Primary User a permanent User ID and temporary Password.  Enrollment in and continued use of TBO Business shall constitute authorization for all transactions made through TBO Business. Any transaction made through TBO Business with a valid User ID and Password shall have the same effect as if the transaction was made with a written signature.
3.    INFORMATION AUTHORIZATION. Enrollment in TBO Business or any Cash Management Service may not be completed if (1) Company fails to provide all of the information required to complete the enrollment process or (2) we cannot verify the Primary User’s or an Authorized User’s identity or other necessary Company information. Company agrees that we may request a review of the Company’s credit rating at our expense through an authorized bureau. The Company further agrees that we may obtain financial information, including transaction history, about the Company from third parties.
4.    SERVICE PROVIDERS. The Cash Management Services may be offered through one or more third parties (collectively, "Service Providers") that we have engaged to render the Cash Management Services on our behalf. We may delegate to Service Providers any performance obligations or rights we have under this Agreement.

5.    SECURE MESSAGES. TBO Business provides a secure messages feature ("TBO Business Contact Us") to correspond with the Bank about Enrolled Accounts and the Cash Management Services. TBO Business Contact Us is accessible after login with a User ID and Password. To ensure the security of Enrolled Account information, we recommend that you use TBO Business Contact Us when asking specific questions about Enrolled Account(s). TBO Business Contact Us may be utilized to request selected actions or services related to Enrolled Accounts. For other transactions, please use the appropriate functions within the applicable Online Service or call 1-888-510-7333 or, for hearing disabled customers, TTY service 785-270-6181.
6.    EMAIL AND MOBILE ALERTS. We may send certain email or mobile alerts regarding TBO Business and the Cash Management Services. The Company expressly authorizes us and Complete Payment Recovery Services, Inc., and its affiliates to contact the Primary User and any Authorized User for non-marketing purposes, via auto-dialer, pre-recorded messages, SMS text messages, or any other method on any of the mobile phone numbers or email addresses provided by the Company.
There are some alerts that cannot be turned off and for which a preference cannot be set.  The Primary User and Authorized Users may also sign up for additional optional alerts related to TBO Business and the Cash Management Services. We do not charge a fee to send alerts, but message or data charges or rates may be imposed by the wireless carrier for which the Company, Primary User or Authorized User shall be solely responsible.
Alerts may be delayed or prevented by factors beyond our control (such as system failures or misdirected delivery). We do not guarantee the delivery or accuracy of alerts. Further, we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by the recipient or a third party as the result of an alert.
7.    BUSINESS ACCOUNTS.  Upon enrollment, the Company will designate accounts eligible for use in TBO Business and the Cash Management Services (“Enrolled Accounts”).  After enrollment, requests to designate additional Enrolled Accounts can be initiated by the Company in person, via TBO Business Contact Us; or by writing us at 700 S. Kansas Avenue, Topeka, KS 66603.  All Enrolled Accounts will continue to be controlled by the agreements otherwise governing them, unless otherwise provided in this Agreement. Further, Enrolled Accounts and the use of TBO Business and the Cash Management Services shall be subject to any terms or instructions appearing on a screen when using TBO Business; the Bank's procedures and policies applicable to any Enrolled Account or Cash Management Service; the rules and regulations of any funds transfer system used in connection with TBO Business and the Cash Management Services; and any applicable state and federal laws and regulations. Company represents and warrants that each Enrolled Account is established and maintained for business purposes and shall not be used for personal, household, or family purposes.  Requests by the Company to add Enrolled Accounts with a different name, customer identification number, or tax ID must be approved by the Bank.

8.    CASH MANAGEMENT SERVICES. The Company may use TBO Business to access information concerning its Enrolled Accounts and to perform certain transactions for which its Primary User and any Authorized Users are authorized. The following services (collectively the “Cash Management Services”) will generally be available to the Company:
•    View balance and transaction information concerning your Enrolled Accounts.
•    View images of checks clearing your Enrolled Accounts.
•    View images of checks deposited to your Enrolled Accounts.
•    Transfer funds between your Enrolled Accounts that are deposit accounts.
•    Make payments or advances on your loans.
•    Schedule future transfers on a one-time or recurring basis.
•    Make payments to payees other than us from any of your Enrolled Accounts that are checking accounts (“Bill Payment Feature”).  Terms and conditions for the Bill Payment Feature are included in this Agreement.
•    Make payments and collect certain payments via the Automated Clearing House network from any of your Enrolled Accounts that are checking accounts (“ACH Origination Feature”). To utilize the ACH Origination Feature, you must agree to the separate ACH Originator Agreement which shall govern any ACH transfers initiated through TBO Business. This Agreement incorporates and supplements the terms and conditions of the ACH Originator Agreement and applicable schedules. The terms of the ACH Originator Agreement and applicable schedules will supersede any conflicting terms in this Agreement.
•    Make payments via the wire transfer network of the Federal Reserve System from any of your Enrolled Accounts that are checking accounts (“Wire Transfer Origination Feature”). To utilize the Wire Transfer Origination Feature, you must agree to the separate Wire Transfer Services Agreement which shall govern any wire transfers initiated through TBO Business. This Agreement incorporates and supplements the terms and conditions of the Wire Transfer Services Agreement and applicable schedules. The terms of the Wire Transfer Services Agreement and applicable schedules will supersede any conflicting terms in this Agreement.
•    Send a secure message using TBO Business Contact Us.
•    Place stop payment orders for checks written against your Enrolled Accounts.
•    Use Check Positive Pay or ACH Positive Pay to help manage fraud on your Enrolled Accounts that are checking Accounts (Positive Pay Feature). You must agree to the separate Positive Pay Agreement which shall govern the terms and conditions in which the service is used within TBO Business. This Agreement incorporates and supplements the terms and conditions of the Positive Pay Agreement and applicable schedules. The terms of the Positive Pay Agreement and applicable schedules will supersede any conflicting terms in this Agreement
•    Use Account Reconciliation Services for partial, full, or deposit reconciliation.  
•    View Capitol Federal Business Credit Card balances and transactions.
•    Use commercial remote deposit capture (“Remote Deposit Capture Service”) to scan checks payable to the Company and electronically transmit scanned check images with MICR data to the Bank for deposit.  You must agree to the separate DirectLink Merchant Services Agreement, which shall govern the use of the Remote Deposit Capture Service through TBO Business.  This Agreement incorporates and supplements the terms and conditions of the DirectLink Merchant Services Agreement. The terms of the DirectLink Merchant Services Agreement will supersede any conflicting terms in this Agreement.
•    Link to Capitol Federal’s third-party business credit card management system, eZBusiness.  eZBusiness is an optional service in which the Company may enroll by executing the Bank’s eZBusiness Online Card Management Enrollment Form.  This Agreement incorporates and supplements any terms and conditions for eZBusiness appearing on the Online Card Management Enrollment Form, and, in the event of a conflict, this Agreement shall control.  Capitol Federal reserves the right to modify or cancel its agreement with the Service Provider of eZBusiness at any time and without advanced notice to the Company, which could result in eZBusiness being temporarily or permanently disabled, modified, or enhanced with additional features.  eZBusiness is not provided by Capitol Federal, but the Company may contact the Bank directly with questions regarding eZBusiness.  In no event will the Bank have any liability arising out of or related to the Company’s use of eZBusiness.
•    Access certain Cash Management Services through the True Blue Online® Business Mobile App (“Mobile Banking Service”).  Terms and Conditions for the Mobile Banking Service are included in this Agreement.
•    Make mobile deposits through the True Blue Online® Business Mobile App.  Terms and Conditions for the Mobile Deposit Service are included in this Agreement.
9.    EQUIPMENT. To use TBO Business you must have the required hardware and software, including browser software that meets the authorized security level. Your use of TBO Business is dependent on Internet connectivity, and you are responsible for trouble shooting Internet connectivity issues.
You agree that you will not send us any viruses, worms, malware, or similar malicious programs or engage in any activity which may have a harmful effect on the Website, Mobile App, or TBO Business, such as launching a "denial of service" attack. You are responsible for maintaining and ensuring the security of all computers, systems, networks and Internet access used to access TBO Business. You will: (i) ensure that your Internet connection is secured with a firewall configured to commercially reasonable standards; (ii) ensure that all computers and devices that access TBO Business (and all computers connected to the same Local Area network (LAN) as those computers) are protected against viruses, worms, malware or similar malicious programs; and (iii) immediately notify us if you have knowledge or suspect that your computers that access TBO Business (or computers connected to the same LAN as those computers) have been infected with any virus, worm, malware or similar malicious program.
10.    DISCLAIMER OF WARRANTIES. You assume the entire risk with respect to your use of TBO Business and the Cash Management Services and any device that the Primary User or any Authorized User uses to access TBO Business and the Cash Management Services including, without limitation, the risk that any and all information and transactions exchanged or processed through TBO Business are viewed and/or tampered with by a third party when in transit or accessed through any Company ID, User ID, and Password. THE INFORMATION PROVIDED ON TBO BUSINESS IS FOR INFORMATION PURPOSES ONLY. SUCH INFORMATION IS BELIEVED TO BE RELIABLE, BUT WE DO NOT WARRANT ITS COMPLETENESS, TIMELINESS, OR ACCURACY. WE SHALL HAVE NO LIABILITY FOR ERRORS OR OMISSIONS OF SUCH INFORMATION. TBO BUSINESS AND THE CASH MANAGEMENT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO TBO BUSINESS, EITHER OR BOTH OF WHICH MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF A CASH MANAGEMENT SERVICE OFFERED THROUGH TBO BUSINESS SHALL BE FOR US TO USE COMMERCIALLY REASONABLY EFFORTS TO PERFORM AN ADJUSTMENT TO ANY IMPACTED ENROLLED ACCOUNT, AS DETERMINED APPROPRIATE IN OUR SOLE DISCRETION, OR REPAIR OF THE CASH MANAGEMENT SERVICE.
11.    LIMITATION OF LIABILITY; EXCLUSION OF CERTAIN DAMAGES. Our liability to the Company is explained in the agreements, notices, and disclosures we provide to it from time to time regarding its Enrolled Accounts and TBO Business. This Section explains our liability to the Company only to the extent that our liability has not already been disclosed by any other agreement, notice, or disclosure. Under no circumstances will we have any liability to the Company for failing to provide it access to its Enrolled Accounts or the Cash Management Services through TBO Business or for any delays, interruptions, or disruptions in service under this Agreement or for any losses or damages it may suffer as a result thereof. Further, we shall have no liability for any losses the Company incurs due to its intentionally or negligently permitting any person who is not the Primary User or an Authorized User (an “Unauthorized Person”) to access TBO Business and the Cash Management Services on the Company’s behalf with any Company ID, User ID, and Password, or otherwise, or the misuse of TBO Business or any of the Cash Management Services by the Primary User, any Authorized User, or any Unauthorized Person. Neither shall we have any liability for any losses the Company incurs arising out of or related to any actions we take or omit to take in good faith in reliance upon instructions from the Primary User, any Authorized User, or any Unauthorized Person. Nor shall we be liable for any losses the Company may incur in connection with any transfer or instruction initiated by the Company that is not completed by us due to lack of funds in the relevant Enrolled Account. Additionally, we shall have no liability arising out of or related to the use of any hardware, third-party software, or wireless or other telecommunications network, the Company may use to access TBO Business or otherwise use in connection with TBO Business. The Company is solely responsible for the installation, maintenance, operation, and any required upgrades to its computers or other devices and any third-party software it uses to access TBO Business or otherwise uses in connection with TBO Business. We will not be liable for any errors or failures arising out of or related to any malfunction of such computer, device, or software, nor will we be liable for any computer virus or other malicious program, communications or network error, or similar problems that may be associated with the Company’s use of such computers, devices, or software or of TBO Business and the Cash Management Services.
Unless otherwise required by applicable law, we will only be responsible for performing the Cash Management Services as expressly stated in this Agreement, and will only be liable for material losses resulting from, arising out of, or incurred in connection with your use of the Cash Management Services to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Cash Management Services.
IN ANY ACTION ARISING OUT OF OR RELATED TO TBO BUSINESS, THE CASH MANAGEMENT SERVICES, OR THIS AGREEMENT, EVEN IF LIABILITY IS ESTABLISHED FOR ACTUAL DAMAGES, IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR ANY INDIRECT LOSS OR DAMAGES, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. THE LIMITATIONS AND EXCLUSIONS DESCRIBED IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY KIND, NATURE AND DESCRIPTION WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE OR OTHER TORT, AND WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND ALL OF THE COMPANY’S BUSINESS WITH US.
12.    INDEMNIFICATION. Except to the extent otherwise required by applicable law, in no event will we be liable for any claim against the Company, the Primary User, or any Authorized User by a third party, and the Company agrees to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless of any third party claims for costs, damages, expenses (including reasonable attorney fees and costs), or liabilities arising out of or in connection with its use of TBO Business and the performance of the Cash Management Services, whether alone or in combination with any other product or service. Without limiting the foregoing, the Company acknowledges and agrees to assume the entire risk of and liability for corruption of any other software or malfunction of its computers or other devices used in connection with using the TBO Business and the Cash Management Services and agrees to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any loss, cost or expense (including reasonable attorney fees and costs) incurred by us arising out of your failure to comply with the provisions of Sections 9 and 13 of this Agreement. The Company further agrees to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any and all losses, liability, claims, demands, judgments and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with the breach of this Agreement or the use, misuse, or inability to use TBO Business by the Company, the Primary User, any Authorized User, or any other person who has been intentionally or negligently permitted to access TBO Business on the Company’s behalf with a Company ID, User ID, and Password, or otherwise. The Company further agrees that we shall not be liable for and to indemnify and hold us, our directors, officers, employees, agents, and Service Providers harmless from any and all losses, liability, claims, demands, judgments and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with any actions we take or omit to take in good faith in reliance upon instructions from the Company, the Primary User, any Authorized User, or any other person has been intentionally or negligently permitted to access TBO Business on the Company’s behalf with a Company ID, User ID, and Password, or otherwise. The Company also agrees to hold us, our directors, officers, employees, agents, and Service Providers harmless for failing to act on your instructions as permitted under this Agreement or when we reasonably believe such instructions would cause us to be exposed to civil or criminal liability.
13.    SECURITY PROCEDURES. The Company agrees that the security procedures set forth in this Paragraph 13 (“Security Procedures”) shall be used to verify the authenticity of transactions requested by the Company through TBO Business.  The Company agrees to keep these Security Procedures confidential and agrees to not disclose them to anyone other than its Primary User and any Authorized Users. The Company acknowledges and agrees that the Security Procedures set forth in this Paragraph 13 are a commercially reasonable method of providing security against unauthorized transactions through TBO Business. If either the Company or the Bank is unable to comply with any of the Security Procedures, the Bank shall not be obligated to complete the requested transaction.
a.    COMPANY ID, USER IDS, AND PASSWORDS. The Bank will assign the Company a unique number (“Company ID”) to identify the Company.  The Primary User and each Authorized User must provide the Company ID each time they log into TBO Business. Company will designate a Primary User who shall be authorized to act on behalf of the Company.  The Bank will assign the Primary User a unique User ID and temporary Password to enable the Primary User to be identified when using TBO Business. The Primary User shall have administrative rights (“Administrative Rights”) in TBO Business, which include the designation and management of Authorized Users and their access to TBO Business.  The Primary User shall have full access to all TBO Business functions and Cash Management Services in which the Company enrolls and may use TBO Business to transact business on any Enrolled Account for which the Primary User is authorized to perform transactions on the Company’s behalf.  
b.    Advanced Login Authentication. The first time the Primary User logs in with the Primary User’s User ID, the Primary User will be required to change the temporary Password to a new unique Password and use Advanced Login Authentication.  Advanced Login Authentication is a security feature used in TBO Business to help prevent fraudulent use of online banking credentials.  We will perform complex device profiling during log in to TBO Business to help detect indications of potentially fraudulent behavior.  If possible fraudulent behavior is detected, Out-of-Band Authentication may be required.  Out-of-Band Authentication allows a user to authenticate its identity through the use of a one-time security code we will send via either an automated voice call or SMS text message. The Company is responsible for providing current phone numbers to the Bank to use Out-of-Band Authentication and by so providing the Company expressly consents on its own behalf and on behalf of the Primary User and any Authorized Users to our contacting the Primary User and any Authorized User via automated voice call or SMS text message for this purpose.  We shall have no obligation to audit, check or verify any phone number before attempting to use this method of authentication. We do not charge a fee to send Out-of-Band Authentication messages, but message or data charges or rates may be imposed by the wireless carrier, for which the Company (or Primary User or Authorized User, as the case may be) shall be solely responsible. Failed Advanced Login Authentication may result in access to TBO Business being denied.  We reserve the right to discontinue use of Advanced Login Authentication at any time.  
c.    Each Authorized User shall be assigned a User ID and temporary Password.  Authorized Users shall be authorized to transact business on behalf of the Company through TBO Business and may be assigned different levels of access by Account and different levels of authority to use the Cash Management Services.  Authorized Users may also be assigned Administrative Rights.  Either the Primary User or Authorized Users with Administrative Rights may create and configure Authorized Users in TBO Business in accordance with this Section.
d.    Each Password is an identification code that is personal and confidential to the Primary User’s or Authorized User’s User ID, as applicable, and is used to authenticate and validate directions to us. User IDs and Passwords should be confidentially maintained.  Company is responsible for training the Primary User and any Authorized Users to keep the information secure. The Company acknowledges and agrees that the use of any User ID and Password with TBO Business is a security method intended to identify the Primary User and any Authorized Users and provide a commercially reasonable degree of protection in light of the Company’s particular needs and circumstances.  The Primary User and each Authorized User are responsible for the safekeeping of all their own User IDs and Passwords. The Primary User and each Authorized User must not disclose any Password to any unauthorized person and must take all reasonable precautions to prevent all others from learning their Passwords. The Company shall prohibit its employees from sharing User IDs and Passwords, and agrees Capitol Federal shall not be liable for processing transactions through TBO Business even if it knows or has a reasonable belief that the Company has violated the prohibition on sharing such credentials.
e.    Any access to Company's Enrolled Accounts and all transactions made through TBO Business using a User ID and Password will be deemed authorized by Company. The Company is solely responsible for providing accurate transaction instructions. We are not responsible for confirming any transaction instructions or for monitoring or refusing to process any transactions based on such instructions. If the Primary User or an Authorized User gives us transaction instructions or information for a transaction that will result in the debiting of one of the Company’s Enrolled Accounts that is incorrect in any way, the Company agrees that we may charge the Enrolled Account whether or not the error could have been detected by us. We are not obligated to detect errors in any instructions. We shall not be liable for any action we take in good faith in reliance on the transaction instructions of the Primary User or any Authorized User. If we accept a request for a transfer of funds in good faith and execute it using the Primary User’s or any Authorized User’s User ID and Password, the Company will be obligated to pay us the amount of such funds transfer whether or not it was sent or authorized by the Primary User or an Authorized User.
f.    The Primary User and any Authorized User will be denied access to TBO Business if they do not provide a valid User ID and Password. Access will be denied if the number of invalid attempts allowed is exceeded. Access may also be denied if the Primary User or any Authorized User fails Advanced Login Authentication.
g.    We will require the Primary User and Authorized Users to change their Passwords from time to time to enhance security. We strongly recommend any Password be changed if there is reason to believe the Password may have been compromised, including, without limitation, each time a Primary User or Authorized User changes job functions or leaves employment. The Company, however, acknowledges and agrees that the security, integrity, and privacy of any and all information and transactions exchanged or processed through TBO Business cannot be guaranteed. The Company further acknowledges that we are not responsible for the failure of the Primary User or any Authorized User to safeguard the privacy of their Passwords. At a minimum, the Primary User and Authorized Users will be required to change their Passwords the first time they use TBO Business and when it has been 90 days or more since they last changed their Passwords. Passwords may not be reused.
h.    You will immediately report any loss or theft of a Password, Company ID, Primary User’s User ID, or User ID to us.
14.    TRANSFER AND PAYMENT LIMITATIONS. Transfers and payments, including payments made through the Bill Payment Feature, ACH Origination Feature, and Wire Transfer Feature, are limited to the lesser of: (a) the amount of funds available for withdrawal in the applicable Enrolled Account(s) or for draws under established lines of credit, if any; or (b) the limits that you have requested, or we have imposed, for individual transactions, batches, and daily totals. The availability of funds in any Enrolled Account is subject to the availability schedule in the related account agreement. Transfers from any Enrolled Account that is a savings or money market account cannot exceed six per month (including checks).
Internal transfers performed during any Business Day (as defined below) will process immediately. Transfers scheduled for a future date will be processed at 1:00 a.m. on the requested date if it is a Business Day. If the requested date is not a Business Day, the transfer will be processed at 1:00 a.m. on an alternative Business Day selected by the Company during schedule creation. Our “Business Days” are Monday through Friday, excluding Bank holidays.
We may elect not to act upon a transfer request for any reason, including for your protection, if we are unable to obtain proper verification of such request satisfactory to us, or if there is any inconsistency between a transfer request and information previously supplied to us, or if such request is not initiated in accordance with the Security Procedures. We will notify you of our election not to transfer funds.
15.    CONTACTING US THROUGH E-MAIL. We may not immediately receive your e-mail communications, including without limitation, stop payment requests or communications regarding unauthorized transactions, and we will not take action based on e-mail communications until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call us during regular business hours at 1-888-510-7333 or, for hearing disabled customers, TTY service 785-270-6181. See Sections 16 and 17 for additional information regarding unauthorized transactions.
16.    THE COMPANY’S LIABILITY FOR UNAUTHORIZED TRANSFERS. Tell us AT ONCE if you believe any Passwords have been lost, stolen, or used without the Company’s permission. Generally, telephoning is the best way of keeping your possible losses down. The Company could lose all the money in its Enrolled Accounts (plus the maximum amount available under established lines of credit, if any, accessible through any Enrolled Account that is a checking account). The Company is responsible for all transactions made through TBO Business regardless of whether the person initiating the transaction was authorized to do so. The Company agrees to cooperate with us in the investigation of any claim or dispute and provide us with the necessary information to assist us in resolving the claim or dispute.
17.    WHAT TO DO IN CASE OF ERRORS OR QUESTIONS. Error resolution procedures are set forth in the agreements otherwise governing your Enrolled Accounts and agreements for specific Cash Management Services.  Generally, if the account statement for any Enrolled Account contains errors or improper charges, you must notify us within 30 days of the date on which we mailed or otherwise made the affected statement available to you.  If you fail to notify us within that time, you are barred from bringing any action against Capitol Federal that is in any way related to the errors or improper charges.
•    Tell us the Company’s name and account number (if any).
•    Describe the error or the transaction the Company is unsure about, and clearly explain why the Company believes there is an error or why more information is needed.
•    Tell us the dollar amount of the suspected error.
In the case of an error or otherwise irregular transfer of funds, we may, but will not be obligated to, on our own initiative, request the transferee to return the funds previously transferred on the Company’s behalf.
Requests by the Company to cancel or revoke prior instructions must be timely given and we make no representation as to our ability to revoke or cancel a transfer once made.
The Company will supply us with any information that we may reasonably request, including but not limited to, money amounts, accounts affected, date of transfer, supplemental instructions, and further evidence of any person's authority to transfer funds or to do any other act contemplated under this Agreement.
18.    HOW TO NOTIFY US. If the Company believes there has had an unauthorized transaction or transfer on any Enrolled Account or that any Password has been lost, misused, or stolen, or that someone has transferred or may transfer money from any Enrolled Account without permission, call us during regular business hours at 1-888-510-7333, visit any of branch locations, or write us at 700 S. Kansas Avenue, Topeka, KS 66603.
19.    DAYS AND HOURS OF OPERATION FOR TBO BUSINESS. Generally you can access Enrolled Accounts and Cash Management Services through TBO Business 7 days a week, 24 hours a day.  We process transactions and update information only on Business Days, with the exception of payments through the ACH Origination Feature or the Wire Transfer Origination Feature, which are processed and updated only on Business Days that the relevant third parties are also open for business (“ACH Business Days” or “Funds Transfer Business Days,” respectively). Any transaction, including scheduled payments, to be made on a day that is not a Business Day, Bill Payment Business Day, ACH Business Day, or Funds Transfer Business Day, as applicable, will be credited, completed, or made on an alternative day selected by the Company at schedule creation. We will use commercially reasonable efforts to act upon transfers on the Business Day, ACH Business Day, or Funds Transfer Business Day that such transfer is received by us, provided that the request is received prior to the deadlines that may be established by us from time to time in our sole discretion.  At certain times TBO Business may not be available due to nightly processing, during system maintenance, or circumstances beyond our control.  You understand that use of TBO Business and the Cash Management Services is dependent of Internet connectivity, and that you are responsible for trouble shooting Internet connectivity issues.  You agree that we are in no way liable for the unavailability of TBO Business or any of the Cash Management Services for any reason and that you are solely responsible for establishing alternative methods of accessing Enrolled Accounts in the event TBO Business is not available.
20.    FEES RELATED TO CASH MANAGEMENT SERVICES. There is a $10 monthly minimum fee for using TBO Business.  Additionally, there are service and transaction fees associated with certain Cash Management Services, which are set forth on the Service Charge Schedule or applicable Cash Management Agreement.  Other fees may be disclosed to you at the time you initiate certain transactions through TBO Business.  All fees associated with a particular transaction or Cash Management Service will be deducted from the Enrolled Accounts unless other arrangements are made in advance.  
a.    OTHER CHARGES. The Company is solely responsible for any and all telephone and mobile charges and Internet service fees that may be assessed by its telephone, mobile, and Internet service providers when the Company uses TBO Business and the Cash Management Services.      
b.    ENROLLED ACCOUNT FEE CHARGES.  The fees that have been disclosed to you in connection with any Enrolled Account will continue to apply.
21.    SETOFF.  If the Company ever owes us money for any reason under this Agreement, we have the right under the law (called “setoff”) to use the money from any of your Enrolled Accounts to pay the debt as well as any cost or expense, including, without limitation and to the extent permitted by law, our attorney fees and court costs, incurred by us in enforcing our rights. We may exercise this right of setoff at any time, without prior notice to the Company. We will not be liable to the Company if our setoff from and Enrolled Account leaves insufficient funds to cover outstanding items. The Company agrees to hold us, our directors, officers, employees, and agents, harmless from any claim arising as a result of the exercise of our right of setoff.
22.    TERMINATION, SUSPENSION, AND CANCELLATION. Unless otherwise required by law, we may terminate or suspend your access to TBO Business and the Cash Management Services at any time without notice. We may reinstate such access in our sole discretion. The Company may cancel its access to TBO Business and the Cash Management Services at any time by sending us a message through TBO Business Contact Us; calling 1-888-510-7333 or, for hearing disabled customers, TTY service 785-270-6181; or writing Capitol Federal Savings Bank, 700 S. Kansas Avenue, Topeka, KS 66603. We shall have a reasonable time to process any cancellation request. The date we terminate, suspend, or cancel the Company’s access to TBO Business or any Cash Management Service shall be considered the “Termination Date.”  The termination, suspension, or cancellation of your access to TBO Business and the Cash Management Services will not close any of your Enrolled Accounts.
23.    ALTERATIONS AND AMENDMENTS. Unless otherwise required by law, we may, from time to time, change, update, or discontinue the Cash Management Services or introduce new Cash Management Services without advance notice to you. We may also amend this Agreement and any related fees and charges from time to time and at any time without advance notice to you unless required by law. Your continued use of TBO Business and any of the Cash Management Services following any such change shall constitute your consent to such alterations and amendments.
24.    ASSIGNMENT. The Company may not assign this Agreement or any of its rights and obligations under it to any other person. We may assign this Agreement and our interest in it to any third party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to Service Providers or other third parties. This Agreement is binding upon, and inures to the benefit of, the parties and any permitted successors or assigns.
25.    GOVERNING LAW AND VENUE. Except to the extent federal law controls, this Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of law provisions. If any terms of this Agreement are found to be in violation of, or restricted by, applicable laws, those terms will be construed to conform to such law, but the rest of this Agreement will not be affected by such laws, and will remain in full force and effect. The Company agrees that any claim or dispute arising out of or related to this Agreement must be brought in a court of competent jurisdiction located in Topeka, Shawnee County, Kansas. The Company further agrees to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims or disputes.
26.    JURY TRIAL WAIVER. YOU AND WE ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, TBO BUSINESS, OR THE CASH MANAGEMENT SERVICES.
27.    LIMITATION ON TIME TO SUE. Any action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Company’s access of and use of TBO Business or the Cash Management Services must be commenced within one year after the cause of action accrues, to the extent permitted by applicable law.
28.    ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreement. If there is a conflict between this Agreement and a statement made by us or a Service Provider, the terms of this Agreement shall prevail.
29.    NO WAIVER. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No course of dealing, delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver by us of such rights or remedies or any other right or remedy. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
30.    CONTACT AND ACCOUNT INFORMATION. It is the Company’s sole responsibility to ensure that its contact information for TBO Business and the Cash Management Services, including without limitation name, address, phone numbers, and email addresses, is current and accurate. The Company is also responsible for providing us with any changes regarding its Enrolled Accounts. Such information can be updated on TBO Business or by contacting us by (1) sending us a TBO Business Contact Us message; (2) calling us at 1-888-510-7333; or (3) writing us at 700 S. Kansas Ave., Topeka, KS 66603. We are not responsible for any payment, transaction, processing, or other errors that occur as a result of the Company’s failure to provide current and accurate contact or account information.
31.    HEADINGS. Provision headings are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
32.    SURVIVAL. The provisions of this Agreement regarding indemnification, limitations on liability, disclaimers, and governing law shall survive the termination of this Agreement.
33.    LINKS AND FRAMES. Links to other websites may be provided on the Website for convenience. By providing these links, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other website, and make no representations concerning the content of these websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in any search results or otherwise linked to the Website. For example, if a user "clicks" on a banner advertisement or a search result, the "click" may take you off the Website. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Website may send cookies to users that we do not control. The Company may link to the home page of the Website. However, it may not link to other pages of our Website without our express written permission. It also may not "frame" material on our Website without our express written permission. We reserve the right to disable links from any third-party websites to the Website.
34.    INTELLECTUAL PROPERTY. All marks and logos related to TBO Business and the Cash Management Services are the sole property of us or our Service Providers. Unless otherwise required by law, the Company, Primary User, or any Authorized User may not use any such intellectual property without our or our Service Providers’ express written consent.
35.    TRUE BLUE ONLINE® BUSINESS BILL PAYMENTS SERVICE
a.    Introduction. The terms and conditions set forth in this Section 35 of the Agreement apply only to the TBO Business Bill Payments Feature (“Bill Payments”). The Company can enroll in Bill Payments by selecting Bill Payments on the Cash Management Enrollment Form.  If the Company has not enrolled in Bill Payments, this Section does not apply.
b.    Bill Payments Definitions. Any definitions set forth in this Section 35 of the Agreement, including those in this Section 35.b apply only to Bill Payments.
i.    "Biller" is the person or entity to which the Company wishes a bill payment to be directed or the person or entity from which the Company receives electronic bills, as the case may be.
ii.    “Deliver By Date” is the approximate date the scheduled payment is due to deliver to the Biller and is defined by the method of payment, electronic or electronic check.
iii.    "Due Date" is the date reflected on the Company’s Biller statement for which the payment is due; it is not the late date or grace period.
iv.    "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
v.    "Payment Account" is the Enrolled Account, which must be a checking account, from which bill payments will be debited.
vi.    "Payment Instruction" is the information provided by the Company for a payment to be made to the Biller, including without limitation, Biller name, Biller account number, Scheduled Payment Date, and amount.
vii.    "Scheduled Payment" is a payment that has been scheduled through Bill Payments but has not begun processing.
viii.    "Scheduled Payment Date" is the date the Company designates for the Biller to receive a payment, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the most recent Business Day preceding such date.
ix.    “Send On Date” is the date the payment will be debited from your Payment Account.
c.    Description of Bill Payments. Bill Payments enables the Company to receive electronic bills from and schedule payments to Billers. By using Bill Payments, the Company authorize us to process payments and other transactions it requests from time to time through Bill Payments. The Company further authorize us to debit its Payment Account in accordance with this Agreement.
d.    Payment Method and Transaction Limits. We may, in our sole discretion, select the method by which to remit funds on the Company’s behalf to a Biller and the method to return funds to the Payment Account in the event that a payment cannot be completed. These payment methods may include, without limitation, an electronic payment or an electronic to check payment. You may not schedule a single bill payment that exceeds $10,000.00 or payments totaling $100,000.00 daily.
e.    Cut-Off Time. The cut-off time for processing payment requests each Business Day is 9:00 p.m. Central Time. Payment requests received after the cut-off time will be processed the next Business Day.

f.    eBill Delivery and Presentment.
i.    eBill is for the presentment of electronic bills for payment only and it is the Company’s sole responsibility to contact a Biller directly if the Company does not receive a bill through eBills. This Agreement does not alter the Company’s liability or obligations that currently exist between it and its Billers.
ii.    The Company is solely responsible for providing contact information, including without limitation its name, address, phone number, and email address, directly to its Billers and for maintaining all user IDs and passwords for those Billers’ websites. We may also provide such contact information specifically requested from us by a Biller.
iii.    We may notify a Biller of the Company’s request to receive electronic bills. The Biller shall have the right to accept or deny such request. The Company’s ability to continue to receive paper copies of bills shall be solely at the discretion of the Biller. The presentment of the Company’s first electronic bill may vary from Biller to Biller and may take 1-2 billing cycles, subject to the billing cycle of the Biller. It is the Company’s sole responsibility to keep its accounts current while its electronic bills are being activated and we shall not be liable in any way for the Company’s failure to do so.
iv.    By requesting to receive electronic bills from a Biller through eBills, the Company authorizes us to obtain bill data from the Biller on its behalf. If the Company is asked to provide us with a user ID and password for a Biller and the Company provides us with such information, the Company authorizes us to use the information to obtain its bill data.
v.    We will use our best efforts to present electronic bills on time and in the correct amount. The Company is solely responsible for timely payment of all bills. We may send alerts or other notifications regarding the status of electronic bills, but the Company’s Authorized Users should periodically log into TBO Business to check the status.
vi.    The Company or the Biller may cancel the presentment of an electronic bill at any time. The timeframe for cancelling the presentment of an electronic bill varies from Biller to Biller, and may take 1-2 billing cycles, subject to the billing cycle of the Biller. If the Company cancels the presentment of an electronic bill, we will notify the Biller that the status has changed, but it is the Company’s sole responsibility to arrange an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
vii.    We shall not be liable for any Biller’s failure to deliver an electronic bill to the Company or for any Biller’s failure to provide sufficient information for us to deliver any payment to it.
viii.    The Company is solely responsible for the accuracy of its electronic bills. The Company must address any discrepancies or disputes regarding the accuracy of any electronic bill directly with the Biller.
ix.    We may delete any dormant Billers that the Company has not sent a payment to for a least six months.
g.    Payment Scheduling. When the Company schedules a payment, the earliest possible Send On Date for each Biller with a Deliver By Date will be displayed within Bill Payments. Bill Payments will not permit the Company to select a Send On Date before the earliest possible Send On Date designated for each Biller. When scheduling a payment, the Company must select a Send On Date and corresponding Deliver By Date that are no later than the actual Due Date reflected on the bill. If the Due Date falls on a non-Business Day, then the Company must select a Send On Date and corresponding Deliver By Date that are no later than the last Business Day preceding the Due Date reflected on the bill. Send On Dates must precede any late date or grace period reflected on the electronic bill.
h.    Communications with Biller. The Company agrees that we may obtain financial information regarding its account from a Biller or another financial institution to, for example, resolve payment posting problems or verify payment information. The Company further agrees that we may discuss any payment with a Biller and provide the Biller information necessary to resolve payment posting problems, verify payment information, or otherwise ensure your payment is applied as directed. The Company agrees to provide information necessary upon request to assist in resolving payment posting problems or verifying payment information.
i.    Late Payment Fees and Charges. We will bear responsibility for any late payment fees or charges up to $50.00 if a payment posts after its Due Date only if we fail to send the payment as scheduled or provide incorrect information required to complete the payment to the Biller. In no event will we be liable for any late payment fees or charges for Exception Payments or payments that are prohibited under this Agreement or for any late payment fees or charges assessed due to insufficient funds in your Payment Account. The Company shall be solely responsible for any late payment fees or charges related to US mail or overnight carrier delays, delays by the Biller, or errors in its Payment Instructions, including without limitation providing incorrect information to complete the payment or failing to schedule the payment in time for the Biller to receive it by the Due Date.

j.    Prohibited Payments. Bill Payments prohibits payments to Billers outside of the United States or its territories. Bill Payments further prohibits payments that violate any law, statute, ordinance or regulation, payments to unlawful internet gambling sites, payments to or at the direction of government agencies, organizations and institutions, and payments made in response to a court-directed payment plan. We may, but are not obligated to, block or reverse any payment prohibited under this Agreement, and we will not be liable for any losses associated with blocking or reversing such payments. In no event shall we be liable for any claims or damages resulting from or in connection with the Company’s scheduling any prohibited payment. We have no obligation to research or resolve any claim resulting from or in connection with a prohibited payment. The Company shall be solely responsible for resolving any claims or issues arising out of or related to any misapplied, misposted, or misdirected prohibited payment.
k.    Exception Payments. Exception Payments may be scheduled through Bill Payments. However Exception Payments are discouraged and the Company assumes all risk for scheduling such payments. In no event shall we be liable for any claims or damages resulting from or in connection with your scheduling any Exception Payment. We have no obligation to research or resolve any claim resulting from or in connection with an Exception Payment. The Company shall be solely responsible for resolving any claims or issues arising out of or related to any misapplied, misposted, or misdirected Exception Payment.
l.    Payment Authorization and Payment Remittance. By providing us with names and account information of Billers to whom the Company wishes to direct payments, the Company authorize us to follow the Payment Instructions that we receive from it through Bill Payments. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives. Payment Instructions that (1) are not in compliance with this Agreement; (2) contain erroneous or incomplete information regarding the payment; (3) are not accepted by the Biller; or (4) are suspected of being fraudulent or otherwise illegal will not be processed. When we receive a Payment Instruction, the Company authorizes us to remit funds on its behalf on the Send On Date so that the funds arrive as close as reasonably possible to the Deliver By Date. Funds will be debited from the Company’s Payment Account on the Send On Date regardless of payment method we select to remit funds to the Biller. The Company also authorizes us to credit its Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to the Company on behalf of another authorized user of Bill Payments.
m.    Accuracy of Payment Instructions. The Company is solely responsible for providing timely and accurate Payment Instructions. If the Company gives us a Payment Instruction that is incorrect in any way, the Company agrees that we may debit its account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in any Payment Instructions. If the Company notifies us that a Payment Instruction is inaccurate, we will make a reasonable effort to correct it, but we do not guarantee such correction and will bear no responsibility for losses resulting from an incorrect Payment Instruction. We shall not be liable for any action we take in reliance on Payment Instructions from the Company.
n.    Payment Cancellation Requests. The Company may cancel or edit any Scheduled Payment, including recurring payments, by following the directions within Bill Payments. There is no charge for cancelling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited, but the Company may submit a stop payment order.
o.    Stop Payment Orders. Our ability to process a stop payment order will depend on the payment method and whether or not an electronic check has cleared. We may not have a reasonable opportunity to act on any stop payment order after a payment begins processing. If the Company desires to stop any payment that has already begun processing, an Authorized User must contact us by sending us a message through TBO Business Contact Us or calling 1-888-510-7333 or, for hearing disabled customers, TTY service 785-270-6181. An oral stop payment order is binding on us only for 14 days unless confirmed in writing within this period. A written stop payment will remain in effect in accordance with the stop payment provisions in the Uniform Commercial Code or NACHA Rules, as applicable to the transaction. The charge for each stop payment order will be the current charge for such service as set out in the Service Charge Schedule for the Company’s Payment Account.
p.    Insufficient Funds in Payment Account. We will not be obligated to make a payment through Bill Payments unless the Payment Account has sufficient available funds to debit the Payment Account at the close of business on the Send On Date.
q.    Failed Payments. In using Bill Payments, the Company is requesting that we make payments for it from its Payment Account. If we are unable to complete a payment for any reason associated with the Company’s Payment Account, the payment will not be made. In the event we are unable to complete a payment for any reason, the Company shall be solely responsible for making alternate payment arrangements or resubmitting the payment through TBO Business. We will not be liable if a payment cannot be completed because there are insufficient available funds or credit availability in the Payment Account; a legal order directs us to prohibit withdrawals from the Payment Account; the Payment Account is closed or frozen; or any part of the electronic funds transfer system is not working properly.
r.    Returned Payments. The Company understands that Billers, the United States Postal Service or other courier service may return payments to us for various reasons. We will use reasonable efforts to research and correct any returned payment and either return it to the Biller or void the payment and credit the Company’s Payment Account. When required, we will notify the Company of any returned payment. The Company shall be solely responsible for any stop payment fees incurred as a result of a returned payment.
s.    Refused Payments. We reserve the right to refuse to pay any Biller to whom the Company may direct a payment. We will notify the Company promptly if we exercise our right to refuse to pay a designated Biller; however, no such notification shall be provided if the Company attempts to make an Exception Payment of other payment prohibited by this Agreement.
t.    Reimbursement. The Company agrees that if we or any of our Service Providers properly execute a payment but are unable to retrieve funds from the payee or the Company receives the benefit of such payment, we may seek reimbursement from the Company. In such a case, the Company authorizes us to debit the amount of the payment and any related fees from its Payment Account.
u.    Termination, Suspension, or Cancellation of Bill Payments. If the Company’s access to TBO Business or Bill Payments is terminated, suspended, or cancelled, any payment we have already begun processing on or before the Termination Date will be completed by us. All scheduled payments including recurring payments will not be processed beginning on the Termination Date. If the Company cancels its access to TBO Business or Bill Payments, we recommend that the Company cancel any scheduled payments before cancelling the service.
36.    TRUE BLUE ONLINE® BUSINESS MOBILE BANKING SERVICE
a.    Introduction. The terms and conditions set forth in this Section 36 of the Agreement (“Mobile Banking Terms and Conditions”) apply only to the Mobile Banking Service (“Mobile Banking”). The Primary User and any Authorized Users may access the Mobile App with their User ID and Password and shall have the same authority to access TBO Business through the Mobile App as through the Website.
b.    Definitions. Any definitions set forth in this Section 36 of the Agreement will apply only to Mobile Banking.
c.    Use of Mobile Banking. The Primary User and Authorized Users may access TBO Business and certain Cash Management Services through Mobile Banking using an Internet-enabled mobile device. Mobile Banking is available through both the Mobile App and the Website, which can be accessed through the Web browser of a mobile device. Some Cash Management Services are not available through the Mobile App or may function differently in the Mobile App.
d.    Availability and Use. Neither your wireless carrier nor the wireless carrier of the Primary User or any Authorized User provides Mobile Banking or any of the Cash Management Services. However, Mobile Banking is dependent upon the availability and quality of the wireless network through which Mobile Banking is accessed. As a result, Mobile Banking may not be accessible or may have limited utility depending upon the wireless network used to access Mobile Banking and the availability of data services provided by the wireless carrier. For example, a text message may be delayed or may fail to reach a mobile device. We cannot guarantee and are not responsible for the availability or utility of your, the Primary User’s or any Authorized User’s wireless service. Wireless carriers may charge fees for accessing Mobile Banking. When you, the Primary User, or any Authorized User uses Mobile Banking, such persons remain subject to the terms and conditions of their existing agreements with their service providers, including without limitation their mobile service providers, and this Agreement does not amend or replace any of those agreements. You acknowledge that your, the Primary User’s, and any Authorized User’s mobile service providers are solely responsible for their products and services and agree to resolve any problems regarding such products and services with such providers directly without involving us.
e.    Contacting the Bank. For assistance with Mobile Banking, contact us at 1-888-510-7333 or, for hearing disabled customers, TTY service 785-270-6181.
f.    Device Security. Mobile Banking utilizes best practices for security, such as HTTPS, 128-bit SSL encryption, password access and application time-out when the mobile device is not in use. Only mobile devices enrolled in Mobile Banking can access your Enrolled Accounts. No Mobile Banking data is stored on such mobile devices. You agree to take precautions to protect the security and integrity of your Enrolled Accounts when using Mobile Banking, including without limitation (i) not leaving a mobile device unattended while logged into Mobile Banking; (ii) logging off immediately after using Mobile Banking; (iii) not providing any User ID, Password, or other access information to any unauthorized person; and (iv) training your employees to take such precautions. In the event any enrolled mobile device is lost or stolen, you further agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. You are solely responsible for the security of any mobile device you, the Primary User, or any Authorized User uses to access Mobile Banking.
g.    Usage of Data. You acknowledge that in connection with your use of Mobile Banking, the Bank and its affiliates and Service Providers may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the software (collectively, "User Information"). The Bank and its Service Providers will maintain reasonable safeguards to protect User Information from unauthorized disclosure or use but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and Service Providers also reserve the right to monitor use of Mobile Banking for purposes of verifying compliance with the law, this Agreement, and any applicable license, but disclaims any obligation to monitor, filter, or edit any content.
37.    TRUE BLUE ONLINE® BUSINESS MOBILE DEPOSIT SERVICE
a.    Introduction. The terms and conditions set forth in this Section 37 (“Mobile Deposit Service Terms and Conditions”) of the Agreement apply only to the Mobile Deposit Service (“Mobile Deposit Service”). The Mobile Deposit Service may be accessed through the Mobile App by the Primary User and any Authorized User to whom access has been granted by the Primary User or an Authorized User with Administrative Rights.
b.    Definitions. Any definitions set forth in this Section 37, including those in this Section 37.b, will apply only to the Mobile Deposit Service.
i.    "Check Image" means an electronic image of an Original Check.
ii.    "MICR Data" means information from the magnetic ink character recognition (“MICR”) printing on the bottom of a check that includes routing, transit, account, and check numbers.
iii.    "Regulation CC" means Regulation CC as adopted and amended by the Federal Reserve Board, set forth at 12 C.F.R. Part 229.
iv.    “Original Check” means the paper check used to create a Check Image for deposit through the Mobile Deposit Services.
v.    "Substitute Check" means a paper reproduction of the Original Check created from the Check Image, which meets the definition of a substitute check under Regulation CC.
c.    Description of the Mobile Deposit Service. The Mobile Deposit Service allows you to make deposits remotely to certain Enrolled Accounts by sending Check Images to us through a mobile device.
d.    Presentment. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or a Substitute Check or by using any other manner of presentment allowed by law. The manner in which the Check Image or Substitute Check is presented for payment, cleared, and collected shall be determined by us, in our sole discretion. All Check Images you deposit through the Mobile Deposit Service will be considered "items" under the Uniform Commercial Code, as if they were the original paper items. In the event the item you submitted for deposit is returned unpaid, you will receive a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment.
e.    Items Eligible for the Mobile Deposit Service. We may, in our sole discretion, decline to accept any Check Image you submit through the Mobile Deposit Service. Generally, only a check that is a negotiable demand draft drawn on or payable through or at an office of a United States bank is eligible for deposit as a Check Image through the Mobile Deposit Service. We may, in our sole discretion, reject any item you attempt to deposit through the Mobile Deposit Service, including but not limited to the following: checks drawn on banks located outside the U.S.; traveler’s checks; checks payable in a currency other than U.S. currency; savings bonds; money orders; promissory notes; checks payable to a person other than you (even if the check is endorsed over to you); fraudulent checks or checks you should have known were fraudulent; stale checks (more than 6 months old); checks that have been previously deposited with us or at another financial institution; substitute checks (as defined in Regulation CC); remotely created checks (as defined in Regulation CC); or checks containing alterations of any kind. We may notify you of a rejected deposit, but we will not return the image of the item you attempted to deposit.
f.    Endorsement. Checks to be deposited through the Mobile Deposit Service must be endorsed in the following manner: “Capitol Federal Mobile Deposit Only, <Customer Name> <Account Number> <Date>” (“Restrictive Endorsement”).  Your failure to provide the Restrictive Endorsement on an Original Check exposes the Bank to liability.  If you fail to provide the Restrictive Endorsement on an Original Check, you shall indemnify and hold the Bank harmless from any loss, claim, or expense, including attorneys’ fees, arising out of or related to such failure.
g.    Limits on Use of the Mobile Deposit Service. We may impose limits on the amount or number of deposits you make through the Mobile Deposit Service and, in our sole discretion, we may refuse to permit you to make deposits to certain Enrolled Accounts through the Mobile Deposit Service. The Company may deposit up to five items per day for a combined maximum total of $10,000.00 per day.  Over any three-day period, the Company may deposit a maximum of ten items for a combined maximum total of $20,000.00.  The Mobile Deposit Service may not be used from a location outside the United States. We reserve the right to review your use of the Mobile Deposit Service and your security practices, and may require you to implement reasonable and necessary controls in order to continue to use the Mobile Deposit Service.
h.    Technical Requirements and Accuracy of Images.
i.    We have no responsibility for any technical difficulties you may have in accessing the Mobile Deposit Service, including without limitation difficulties with a mobile device or your wireless carrier or the wireless carrier of the Primary User or any Authorized User.
ii.    You are solely responsible for learning to use the Mobile Deposit Service and training the Primary User and any relevant Authorized Users to use the Mobile Deposit Service. We shall not be liable for any errors that arise out of or result from your failure to follow our guidelines or requirements for submitting a Check Image for deposit.
iii.    The Company is solely responsible for accurately capturing a clear and complete image of each Original Check, including MICR Data. If the mobile device used to make a deposit produces Check Images that we determine are not of acceptable quality, we may, in our sole discretion, reject the deposit; however, we have no obligation to inspect the Check Images submitted for deposit. The Primary User and any Authorized Users shall inspect each Check Image to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check, and the MICR Data. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that transmitted to us for deposit. We shall not be liable for any failure to accept or process a deposit of a Check Image for which the Company has not provided us (1) full and correct information from the Original Check, (2) an accurate and legible Check Image of the Original Check, or (3) a Check Image that complies with our formatting standards and other guidelines we may make available.
i.    Our Receipt of Check Images.
i.    A Check Image transmitted for deposit using the Mobile Deposit Service is received when the entire transmission in which the Check Image is contained is received and approved by us. Any transmission of a Check Image for deposit made after 3:30 p.m. Central Time will be deemed to be received by us at the opening of the next Business Day.
ii.    We shall not be liable for Check Images we do not receive for any reason, including because of a transmission error. We will send an email confirmation once we receive a Check Image from the Primary User or an Authorized User. Even after we confirm receipt, however, we may, in our sole discretion, reject the Check Image for any reason. Any confirmation or notification from us that a Check Image was received or approved does not mean that the Check Image deposited has cleared the paying financial institution.
j.    Your Representations and Warranties. Each time the Primary User or any Authorized User submits a Check Image to us for deposit to an Enrolled Account through the Mobile Deposit Service, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the Original Check and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement, or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check. In addition, you also make the following specific representations and warranties each time you submit a Check Image to us for deposit through the Mobile Deposit Service:
i.    All information you have provided to us is accurate and complete.
ii.    The Check Image is a complete and accurate representation of the front and back of a check that is eligible for deposit under these Mobile Deposit Terms and Conditions and includes the MICR Data.
iii.    The Check Image satisfies our image quality standards, as we may establish them from time to time, and any image quality standards established by ANSI, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse, or association involved in the regulation or oversight of remote deposits.
iv.    The Original Check used to create the Check Image has not been previously deposited with us or at any other financial institution, duplicated, or used to create another image or electronic fund transfer.
v.    Neither the Original Check nor any duplicates of the Original Check will be presented for payment again unless authorized by us.
vi.    No person will receive a transfer, presentment of, return of, or otherwise be charged for the Original Check, the Check Image, a Substitute Check, or a paper or electronic representation of the Original Check or a Substitute Check such that that person will be asked to make a payment based on a check that it has already paid.
vii.    No subsequent transferees of the Check Image, or any Substitute Check created from the Check Image (including us, a collecting or returning bank, drawer, drawee, payee or endorser) shall sustain a loss as the result of the fact that the Check Image or Substitute Check was presented for payment or returned instead of the Original Check.
viii.    You are a person entitled to enforce the Original Check, all signatures on the Original Check are authentic and authorized, the Original Check has not been altered or forged, the Original Check is not subject to a defense or claim in recoupment of any party that can be asserted against you, and you have no knowledge of any insolvency proceeding against the drawer.
ix.    You are acting in compliance with this Agreement, your relevant deposit account agreement, and all applicable laws and regulations.
k.    Indemnification. With respect to your use of the Mobile Deposit Service and each Check Image that you transmit to us, in addition to any other indemnification obligations that you may have pursuant to this Agreement and other agreements with us, you shall indemnify and hold us harmless from and against any and all claims, demands, damages, losses, liabilities, penalties, and expenses including, without limitation, reasonable attorney fees and court costs (collectively, "Claims") arising directly or indirectly from or relating to your use of the Mobile Deposit Service or your breach of the representations, warranties or covenants set forth in this Section 37 of the Agreement, including, without limitation, any such Claims relating to (a) any duplicate, fraudulent, altered or unauthorized check, Check Image or Substitute Check; (b) the fact that we accepted and processed a Check Image on your behalf; (c) our acceptance of or creation of a Check Image or Substitute Check rather than requiring presentment of the Original Check; (d) your attempt to duplicate the presentation to us or any other depository institution of a Check Image through the presentation of the Original Check or any Check Image or Substitute Check derived from the Original Check; or (e) our inability to qualify as a holder in due course of the Original Check or the Check Image under the Uniform Commercial Code.
l.    Retention of Original Check. When the Check Image you have submitted to us through the Mobile Deposit Service has been approved by us and credited to your account, you must write on the front of the Original Check " MOBILE DEPOSIT APPROVED” and the date of such approval. You warrant that you will retain the Original Check for a minimum of 60 days following notice of our approval and store it securely, using precautions at least as secure as you would use to protect blank checks. You must make the Original Check available to us upon our request during the 60-day period. If you fail to produce the original check upon our request during the 60-day period, you authorize us to deduct the amount in question from your account, regardless of whether such deduction may cause your account to become overdrawn, and to pay any associated fees. At the expiration of the 60-day period, you must securely destroy the Original Check. If you retain an Original Check past 60 days, you shall store the Original Check securely until it can be destroyed.
m.    Funds Availability. The first $1,000.00 of funds deposited through the Mobile Deposit Service will be available when the deposit is approved. For deposits greater than $1,000.00, the remainder of your deposit will be available on the next Business Day following the day your deposit is approved.  Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written or other authorized debits. However, we may, in our sole discretion, delay availability of funds from any deposit you make through the Mobile Deposit Service. If we further delay availability of funds from your deposit, we will notify you by email at the email address provided through your TBO Business enrollment or by mail using your address on file. You may update your email address at any time through TBO Business.
n.    Security Procedures. You are solely responsible for the security of any mobile device used to access the Mobile Deposit Service. You must comply with the security procedures and practices set forth in this Agreement and that we otherwise may require from time to time. You are also solely responsible for safeguarding the security and confidentiality of any information obtained through your use of the Mobile Deposit Service, for physical checks which you have imaged, and for preventing unauthorized access to the Mobile Deposit Service and your Enrolled Accounts.
o.    Availability of the Mobile Deposit Service. We will use reasonable efforts to make the Mobile Deposit Service available; however, the Mobile Deposit Service may be unavailable from time to time for maintenance or other reasons. If the Mobile Deposit Service is unavailable or any reason, you may make a deposit by bringing a paper check into any Capitol Federal Savings Bank branch or mailing it to us at 700 S. Kansas Ave., Topeka, KS 66603. You may also deposit your check through one of the night drop boxes available at any traditional Capitol Federal Savings Bank branch or deposit the item through any Capitol Federal Savings Bank ATM. We make no representations or warranties about the availability of the Mobile Deposit Service.