The Check 21 Duplicate Notification Service enables summary information exchange between FedMail® subscribers involved in duplicate check item incidents. The Federal Reserve Banks (FRBs) are not responsible for the content of any notice sent via this service nor do they verify intended recipients. The FRBs will not notify a sender if an intended recipient is not a FedMail subscriber or if an intended FedMail subscriber recipient fails to receive a notice. Notification sent via this service does not relieve the sender of any obligations under applicable check law. This service is recommended for use when incidents result in 50 or more duplicate items.
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1. This Agreement sets forth the terms under which the Federal Reserve Banks ("Reserve Banks") provide the Check 21 Duplicate Check Notification Service ("Service").
2. An institution subscribing to the Service and seeking to send a Service notice ("Service Sender") may use the Service to provide e-mail notification, using the Federal Reserve Banks' FedMail® access solution, of a suspected duplicate check event to other subscribing institutions ("Service Receivers"). Only the following information about the duplicate checks will be included in the Service notice: Service Sender's routing number (ABA), number of items, dollar amount of items and contact information. The Reserve Banks will confirm that a Service notice was authorized and sent by the Service Sender. However, the Reserve Banks do not verify the Service notice content or intended recipients. The Reserve Banks will not be responsible for notifying a Service Sender if an intended recipient is not a FedMail subscriber or if an intended FedMail subscriber recipient fails to receive a Service notice. Use of FedMail is subject to the Reserve Banks' Operating Circular 5, "Electronic Access".
3. Service Sender will only use the Service to provide Service notices as described in Paragraph 2. The Service shall not be used to send any other messages or notifications. The Institution shall under no circumstances use the Service to send: a) any illegal content or content that violates the Reserve Banks' or any third party's intellectual property rights, b) any content that is deemed confidential under applicable contract or law, or c) any personally identifiable information or other sensitive information under applicable state and federal data privacy or information security laws, regulations or guidance.
The Service is in addition to, and separate from, the Reserve Banks' check services under Regulation J and Operating Circular 3. The Reserve Banks provide this Service for informational purposes only and not for the purpose of making electronic deposit, presentment, adjustments, return notifications or return of check items. A Service notice does not relieve the Service Sender of any of its obligation under applicable check law, including the Uniform Commercial Code, Regulation CC or Regulation J, with respect to any of the check items that may have been duplicated.
A Reserve Bank may refuse to process a Service Sender's notices in the event the Reserve Bank, in its discretion, believes that the Service Sender has violated any of these limitations of use provisions, or any other provision in this Agreement. Service Senders must be prepared to notify intended Service notice recipients by other means in the event the Service is not available or if the Service cannot reach an intended recipient.
Service subscribers acknowledge that Service notices can only be delivered to FedMail subscribers. The Reserve Banks are not responsible for a Service notice recipient's failure to receive, read or act on a Service notice.
The Reserve Banks will strive to verify the Service notifications and forward them to the applicable Service Receivers as soon as reasonably practicable. Notwithstanding the foregoing, the Reserve Banks do not warrant that the Service notifications will be delivered within a particular timeframe, nor are the Reserve Banks subject to any of the Uniform Commercial Code, Regulation CC or Regulation J deadlines in forwarding the Service notices.
4. In providing the Services, the Reserve Banks have no responsibility or liability to any person other than the Service subscribers. A Reserve Bank shall be liable only for losses to the extent that they result from failure by the Reserve Bank or its employees to exercise ordinary care or act in good faith in providing the Service and only up to the amount of any fees paid to the Reserve Bank for the Service. The Reserve Banks shall have no responsibility or liability for verifying whether the content complies with the Limitations of Use provisions in Paragraph 3 of this Agreement. No claim arising under this Agreement shall include any liability for special, incidental, or consequential damages even if such damages were foreseeable at the time of the failure to exercise ordinary care or act in good faith.
The Reserve Banks are not liable for any damages caused by viruses or other defects that may be introduced into the systems of the Institution or to any of the FedMail recipients in connection with this Service.
5. Service subscribers shall indemnify and hold harmless the Reserve Banks with respect to any claim or loss (other than losses for which a Reserve Bank is liable under the Liability Section of these Terms and Conditions), whether alleged by the Service subscriber, any customer of the Service subscriber, any FedMail recipient, or any third party, arising in connection with the Service subscriber's use or intended use of the Service. This indemnification shall survive the termination of the Service.
In addition, Service subscribers shall be responsible for all loss or damage (other than losses for which the Reserve Bank is liable under Paragraph 4 of this Agreement) resulting from any of the following:
6. THE RESERVE BANKS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER IN CONNECTION WITH THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE RESERVE BANK OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH THE SERVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE RESERVE BANK'S OBLIGATIONS.
7. For use of the Service, Service subscribers shall pay fees in accordance with the applicable fee schedule as published and amended from time to time by the Reserve Banks.
8. The Reserve Banks or Service subscribers may terminate the Service without cause at any time upon thirty days' prior notice. The Reserve Banks may terminate the Service without notice in the event a Service subscriber violates the terms and conditions of this Agreement.