PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A

Rev. 12/2022

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

Mobile Check Deposit Service Terms and Conditions

This Mobile Check Deposit Service Terms and Conditions amends and supplements the Online Access

Agreement (collectively, “this agreement”). Except as expressly modified hereby, the Online Access

Agreement will remain in full force and effect and applicable to the Service described herein.

Please note that this agreement contains a binding ARBITRATION AND CLASS ACTION WAIVER provision

which affects your rights with respect to any claims or disputes by or against United Federal Credit

Union. Please closely review the Arbitration and Class Action Waiver section of this agreement. You may

opt out by following the specified process within the specified timeframe.

Explanation of Certain Terms

Terms used herein and not otherwise defined are defined as set forth in the Online Access Agreement.

“Compatible Mobile Device” means an Android™ or iPhone® phone with a rear-facing camera.

"Service" means our Mobile Check Deposit Service or, when accessed through Business Online Banking

Security Procedures, the Business Mobile Check Deposit Service.

“System” means all software, hardware, equipment, communications network, internet service, or other

products or services necessary for you to access a Service, including without limitation a Compatible

Mobile Device.

Use of the Service

The Service allows you to deposit checks into your eligible accounts with us from a remote location by

digitally imaging, or photographing, an item with a Compatible Mobile Device that then delivers the

image and associated deposit information to us electronically. You can only submit one check deposit at

a time. You may submit additional check deposits consecutively, after each submission is complete.

To use the Service, you must obtain and maintain, at your expense, a Compatible Mobile Device.

Eligibility and Qualification Requirements

You must first download our Mobile App on your Compatible Mobile Device in order to access the

Service. You must have at least one account with us that is eligible for the Service.

To qualify for the Service, you must meet eligibility criteria as dictated by us including, but not limited to,

the following:

• If you are a natural person, you are 18 years of age or older;

• Your share or loan accounts have not created an unrecoverable economic loss to us;

• You must be current on all of your loans with us;

• You must bring your share accounts to a positive balance at least once every thirty (30) days

or less;

• You must have had a total of less than six (6) transactions returned for nonsufficient funds

(“NSF”) in the last twelve (12) months; and

• You must have had less than three (3) returned deposit items in the last twelve (12) months.

Eligible Accounts

The following types of Consumer Accounts are eligible for the Service:

• Membership Savings

• Youth Savings

• Achiever Savings

• Holiday Club

• eCash

• Rewards Checking

• Ultra Checking

• Platinum Plus Checking

• Members Advantage Money Market

• Bonus Builder Money Market

The following types of Non-Consumer Accounts are eligible for the Service:

• Business Membership Savings

• Business Checking

• Business Growth Checking

• Public Funds Checking

• Public Funds Members Advantage Money Market

Charges or Fees

We may charge a usage fee for each mobile check deposit made into an eligible account using the

Service, as disclosed within the Service or on our applicable fee schedule in effect at the time of the

deposit. We reserve the right to charge or change a usage fee for the Service at any time. We will comply

with any notice requirements under applicable law for such changes.

If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that

we may charge back the amount of the return to the account the check was originally deposited to and

you will be assessed a fee for a returned deposit item in the amount shown on our applicable fee

schedule in effect at the time of the return. If there are not sufficient available funds in your account to

cover the amount of the returned check, the account will be overdrawn and you will be responsible for

payment. You agree that we may debit any account maintained by you with us in order to obtain

payment of your obligations under this agreement.

You acknowledge that wireless providers may impose fees, limitations, or restrictions. You agree that

you are solely responsible for all such fees, limitations, and restrictions.

Consent to Contact You via Mobile Phone

You agree that we or our authorized agent may contact you via any wireless device used to access the

Service, including your Compatible Mobile Device, for any purpose concerning your accounts with us,

including but not limited to account servicing and collection purposes. Your consent applies to any mobile

device or mobile phone that you use to access the Service and any telephone number you have provided

to us or we have obtained. You understand and agree that your consent authorizes us or our authorized

agent to contact you using autodialed or prerecorded calls and text messages.

Eligible Items

Subject to exclusions described elsewhere in this agreement, you agree to scan and deposit only

"checks" as that term is defined in Federal Reserve Regulation CC, Availability of Funds and Collection of

Checks. You may only use the Service to deposit original paper checks that are made payable to the

name of an account owner.

Ineligible Items

You agree that you will not use the Service to scan and deposit any ineligible item. Ineligible items

include, but are not limited to, the following:

• Checks payable to any person or entity other than you;

• Checks payable to two (2) or more payees not alternatively, unless deposited into an account

owned by all payees (for example, a check made payable to “John and Jane” cannot be

deposited into an account that is not owned by both John and Jane);

• Checks payable to "United Federal Credit Union" or "UFCU";

• Third party checks (for example, a check that is payable to someone else, endorsed and signed

over to you);

• Checks that are incomplete (for example, any item that does not contain the signature of the

maker, endorsement signature(s), or other required information);

• Substitute checks (for example, paper checks created from an electronic image);

• Photocopies of checks;

• Checks that require authorization;

• Checks with inconsistent numerical and written dollar amounts;

• Checks that are not dated;

• Checks that are stale-dated (for example, ninety (90) days or more after the issue date for

checks containing instructions that state “Void 90 days after issue date”);

• Checks that are post-dated (for example, a check showing a future date);

• Checks that are more than six (6) months old;

• Checks containing an obvious alteration to any of the fields on the front of the check or item;

• Checks that you know or suspect are fraudulent or not properly authorized;

• Checks not payable in United States currency;

• Checks issued by a financial institution located outside the United States;

• Checks transmitted from an Office of Foreign Assets Control (OFAC)-restricted country;

• Loan, credit card or mortgage payments;

• Travelers checks;

• Starter or counter checks;

• Amex Gift Cheques;

• Savings bonds;

• Government warrants;

• Insurance drafts;

• Non-negotiable items (for example, items stamped “non-negotiable”);

• Deposits to IRA, HSA, or Share Certificate accounts;

• Deposits to Representative Payee accounts, estate accounts or other accounts with similar

custodial arrangements other than accounts owned by trusts;

• Checks that exceed the deposit limit(s) that we establish for the Service;

• Checks previously submitted for deposit to us or any other depository bank;

• Checks that have previously been returned unpaid for any reason; and

• Checks purporting to be a lottery or prize winning.

Image Quality

The image of the item transmitted to us must be clearly legible. The image being transmitted must

comply with all standards for image quality established by American National Standards Institute,

including but not limited to ANSI X9.100-140, clearing house, association or any other regulatory agency.

Endorsement Requirements

You agree to endorse all items with your signature and print "For eDeposit Only at UFCU" on all items.

We reserve the right to reject all items that are not endorsed as specified.

Deposit and Availability Limits

For security reasons, we implement limits on the number and/or dollar amount of mobile deposits you

can make using the Service and limits on the availability of funds associated with those mobile deposits.

We reserve the right to change these limits or suspend access to the Service as we deem necessary or

advisable for security reasons.

When using the Service to deposit funds, each mobile deposit is limited to $5,000 per check.

Receipt of Items

We are not liable for items we do not receive or for images that are not transmitted completely.

An image is considered received when the status of the item is “Accepted” and the description of the

item is “Submitted and Pending Review”. However, such status and description of the item does not

mean that the transmission was without error. Once an item is reviewed and approved, the status of the

item is “Accepted” and the description of the item is “Your check has been accepted and processed”.

All items will be considered transmitted from and received in St. Joseph, Michigan, regardless of your

physical location when an item is transmitted or received.

Right to Reject Items

We reserve the right to reject any item transmitted through the Service, at our discretion. This right is

without limitation, subject to applicable law, and includes, but is not limited to, the right to reject any

item whether or not the status of the item is “Accepted” or the item has been received, reviewed,

approved, or processed. If we reject an item, you agree that we may charge back the amount of the

item to the account to which the check was originally deposited. If there are not sufficient available

funds in your account to cover the amount of the item, the account will be overdrawn and you will be

responsible for payment; you will also be assessed an overdraft fee in the amount shown on our

applicable fee schedule in effect at the time of the overdraft. You agree that we may debit any account

maintained by you with us in order to obtain payment of your obligations under this agreement.

Cut-Off Time

The Cut-Off Time is 8:00 PM EST; however, the Cut-Off Time may vary for reasons including without

limitation scheduled software maintenance.

The Cut-Off Time is determined by the time displayed on our internal system clocks and may not

necessarily be synchronized with the internal clock displayed on your Compatible Mobile Device. For this

reason, we suggest that you transmit an item for mobile deposit to us sufficiently in advance of any Cut-

Off Time to eliminate the possibility of missing the cutoff.

Provisional Credit and Availability of Funds

Below is our general funds availability policy for the Service:

If one or more items are transmitted before the Cut-Off Time for deposit to an eligible account that

has been open for less than thirty (30) days:

• Up to $225.00, per day, is available when the item(s) has been reviewed and approved, which

occurs when the status of the item is “Accepted” and the description of the item is “Your

check has been accepted and processed”;

• Anything greater than $225.00 but less than or equal to $5,000.00, per day, is available

on the second (2) Business Day after the item(s) has been reviewed and approved; and

• Anything greater than $5,000.00, per day, is available on the seventh (7) Business Day

after the item(s) has been reviewed and approved.

If one or more items are transmitted before the Cut-Off Time for deposit to an eligible account that

has been open for thirty (30) days or more:

• Up to $500.00, per day, is available when the item(s) has been reviewed and approved, which

occurs when the status of the item is “Accepted” and the description of the item is “Your

check has been accepted and processed”;

• Anything greater than $500.00 but less than or equal to $5,000.00, per day, is available

on the second (2) Business Day after the item(s) has been reviewed and approved; and

• Anything greater than $5,000.00, per day, is available on the seventh (7) Business Day

after the item(s) has been reviewed and approved.

An item transmitted after the Cut-Off Time will be treated as having been transmitted the next

calendar day and will not be received earlier than the next calendar day.

Credit given for the item is provisional and subject to final approval of the item. Funds you deposit may

be delayed for a longer period of time when we have reasonable cause to believe the check is

uncollectable. We will notify you if we delay your ability to withdraw funds beyond the general funds

availability policy, and we will tell you the time period within which the funds will be available for

withdrawal. You agree to receive all notifications regarding your use of the Service including, but not

limited to, exception notices via electronic message or, in our sole discretion, by mail. With respect to

each item you send to us for deposit, you agree to indemnify and reimburse us for and hold us harmless

from and against any and all losses, costs, and expenses.

Method of Presentment

The manner in which items are cleared, presented for payment, and collected will be in our sole

discretion. You agree to be bound by any clearinghouse agreements, operating circulars, and image

exchange agreements to which we are a party.

Retention and Disposal of Items

You agree to retain each item no fewer than 120 days after your funds have been posted to your

account. Upon receipt of these funds, you agree to mark the items prominently as "Void" and to dispose

of the item(s) in a way that prevents representing for payment. You agree to store each retained item in

a secured locked container until such proper disposal is performed. You will promptly provide any

retained item to us as requested to aid in the clearing and collection process or to resolve claims by us or

third parties with respect to any item.

Additional Security Procedures

To prevent unauthorized usage of the Service, you agree to ensure the security of the System, including

without limitation any Compatible Mobile Device(s), you own or use to access the Service. Securing

these devices includes without limitation installing operating system patches, antivirus software, firewall

and malware detection as applicable, keeping the security software current, and securing the physical

device from theft or unauthorized use. You agree to provide additional information regarding your

security measures upon request.

You agree to comply with all of our present and future Security Procedures for the Service covered by

this agreement. This includes, but is not limited to, protection of passwords and other personal

information. If you permit any other person or entity to use the Service or to access or use your Security

Procedures or other means to access your account(s), you are responsible for any transactions and

activities performed on your account(s) and for any use of your personal and account information by

such person or entity. If you believe someone may attempt to use your Security Procedures or other

means to access your account(s) without your permission, or that any other unauthorized use or

security breach has occurred, you agree to immediately notify us at 1-888-982-1400. We may at our

option change the parameters for the Security Procedures without prior notice to you.

You agree that our current Security Procedures are commercially reasonable. We may advise you of

changes to the Security Procedures to the extent they affect your use of the Service, but failure to do so

will not affect your obligations or our rights. You agree to give all of our Security Procedures the highest

level of confidentiality and to ensure that no Security Procedures are used by or accessible to anyone

other than persons you have authorized.

Notwithstanding any Security Procedure which may from time to time be in effect for detecting errors in

transactions covered by this agreement, we have no duty to discover or report to you any such errors.

Neither will we be liable to you for the failure of such Security Procedure to detect such errors,

regardless of the manner in which we apply such Security Procedures.

Disclaimer of Warranties

Our representations, warranties, obligations, and liabilities and your rights and remedies set forth in this

agreement are exclusive. The Service is provided by us and our licensors "AS IS" and “WHERE IS” and on

an "AS AVAILABLE" basis. We disclaim all warranties of any kind as to use of the Service, whether

express or implied, including, but not limited to, the implied warranties of merchantability and fitness

for a particular purpose. We make no warranty that (i) the Service will be uninterrupted, timely, secure

or error free; (ii) the Service will meet your requirements; (iii) the results that may be obtained from the

Service will be accurate or reliable; or (iv) any errors in the Service or technology will be corrected.

Limitation of Liability

UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR

LIABILITIES ARISING FROM OR RELATED TO USE OF THE SERVICE. We are not liable for any loss or

damages resulting from any failure of your Compatible Mobile Device or other System component. We

are not responsible for any electronic virus that you may encounter. Our liability for errors or omissions

with respect to the data transmitted or printed by us will be limited to correcting the errors or

omissions.

User Warranties and Indemnification

You warrant to us that:

• You will only transmit eligible items that are properly endorsed;

• Images meet the image quality standards;

• You will not transmit duplicate items;

• You will not deposit or re-present the original item once it has been scanned and sent through

the Service unless specifically requested to do so by us;

• All information you provide to us is accurate and true;

• We will not sustain a loss because you have deposited an image;

• We will not sustain a loss because the original item was deposited or presented before or after it

was scanned and sent through the Service;

• You will comply with this agreement and all applicable rules, laws and regulations; and

• Items you transmit do not contain viruses.

You agree to indemnify and hold us harmless from any loss for breach of the warranty provision.

*** THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT RELATE ONLY TO CONSUMER ACCOUNTS: ***

Statements – Consumer Account

Your mobile deposits made using the Service will be included on the periodic statements we provide or

make accessible to you for your account(s) with us. We may also provide or make accessible to you

statement information electronically or by some other means. You agree to notify us promptly if you

change your mailing address, your e-mail address or if you believe there are any errors or unauthorized

transactions on any statement or in any statement information.

Errors or Discrepancies – Consumer Account

Notify us at 1-888-982-1400 as soon as possible if you believe your Consumer Account statement is

incorrect or if you need more information about a transaction listed on the Consumer Account

statement. We must hear from you no later than 60 days after we sent the FIRST Consumer Account

statement on which the problem appeared. Tell us your name and account number. Describe the

error or transaction you are unsure about, and explain as clearly as you can why you believe it is an

error and why you need more information. Tell us the dollar amount of the suspected error.

If you do not notify us within 60 days from the date your Consumer Account statement was sent to you,

you may not be compensated for any losses.

*** END OF THE TERMS AND CONDITIONS OF THIS AGREEMENT THAT RELATE ONLY TO CONSUMER ACCOUNTS ***

*** THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT RELATE ONLY TO NON-CONSUMER ACCOUNTS: ***

Business Mobile Deposit Indemnification - Non-Consumer Account

You will indemnify and hold harmless Indemnitees from and against all claims, demands, expenses,

liability, loss and damage of any kind (including attorneys' fees and other costs incurred in connection

therewith) arising out of or in connection with your use of the Service or breach of any warranty set

forth herein. This indemnity will survive the termination of the Treasury Management Services

Agreement and the termination of any Service-Specific Terms and Conditions.

Statements – Non-Consumer Account

Your mobile deposits made using the Service will be reflected on periodic statements we issue to you for

your accounts with us. You must promptly examine your account statement and promptly notify us of

any discrepancy between your records and the information shown on any such periodic statement. If

you fail to notify us of any such discrepancy within fourteen (14) calendar days of receipt of a periodic

statement containing such information, we shall not be liable for any loss, including loss of dividends,

resulting from your failure to give such notice. You agree that fourteen (14) calendar days from the date

of receipt of the periodic statement is a reasonable time for you to notify us of any errors or

discrepancies, unless any laws, rules or regulations provide for a shorter period of time.

*** END OF THE TERMS AND CONDITIONS OF THIS AGREEMENT THAT RELATE ONLY TO NON-CONSUMER ACCOUNTS ***

Choice of Law and Severability

This agreement is governed by the federal law of the United States of America and the internal law of

the State of Michigan, except to the extent that this agreement can and does vary such laws and rules.

If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the

extent necessary to comply with applicable law and in a manner that comes closest to expressing the

intent of such unenforceable term. The remaining terms and the application of the challenged term to

persons or circumstances other than those as to which it is declared invalid or unenforceable will not be

affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted

by law.

ARBITRATION AND CLASS ACTION WAIVER RULES

Please review this provision carefully: It affects your legal rights. Arbitration of a dispute will result

in the loss of any right to participate in a class action lawsuit related to the claim arbitrated.

1. Notice of Dispute Required. Before making any claim for damages against us in court or arbitration

as provided for under this agreement, you agree to first send us written notice of your claim or

dispute. Your notice should be sent to the following address:

UNITED FEDERAL CREDIT UNION

ATTN: LEGAL DISPUTE PROCESSING

P.O. BOX 125

ST. JOSEPH, MI 49085

Your notice to us should include the following:

(1) Your name and account number (if any).

(2) Describe your claim or dispute, and explain as clearly as you can why you believe you are

entitled to damages.

(3) Tell us the dollar amount of your alleged damages.

(4) Tell us your desired resolution to your claim or dispute.

You agree we have thirty (30) days from the date we actually receive your notice to review your claim

or dispute, during which time each of us agrees to make a good faith effort to resolve such claim or

dispute. This thirty (30) day period will apply to each claim or dispute you notify us of. If your claim or

dispute is not resolved to your satisfaction after thirty (30) days, you may make your claim in

arbitration (subject to exclusions), as provided below.

2. Arbitration Procedures.

A. Electing Arbitration. Except if you opt out as provided below, you or we may elect to arbitrate any

claim or dispute between you and us arising from or related in any way to this agreement or any

account, product, or service you have or have had with us. This arbitration provision applies regardless

of whether the claim or dispute is based in contract, tort, or otherwise. If arbitration is elected, any

claim or dispute will be resolved by individual (not class-wide) binding arbitration instead of a lawsuit

or other resolution in court. This arbitration provision does not apply to any individual action brought

in small claims court (or your state court equivalent). Any arbitration hearing will be within 50 miles of

your residence at the time the arbitration is commenced, unless otherwise mutually agreed.

B. Arbitration Costs. We will reimburse the amount of filing, case management, administration, and

arbitrator fees you are required to pay. Notwithstanding the foregoing, we will not reimburse you for

any fees if the arbitrator determines that your claim or dispute was frivolous or baseless. Each party

will be responsible for its own fees, including attorneys’ fees in any arbitration, except that the

arbitrator is permitted to award attorneys’ fees to the prevailing party under applicable law or

agreement.

C. Arbitrator and Arbitration Rules. The party electing arbitration must choose between one of two

organizations: the American Arbitration Association (“AAA”); or Judicial Arbitration and Mediation

Services (“JAMS”). The rules and codes of procedure of the chosen organization in effect when

arbitration is elected will apply. Arbitration will be conducted by a single, neutral arbitrator. The

arbitrator is bound by the terms of this agreement and will be a retired judge or attorney with

experience in financial institutions.

D. Effect of Arbitration Award. The arbitrator’s decision and award will be final and binding on all

parties, except for any right to appeal provided by the Federal Arbitration Act, and may be entered in

any court, state or federal, having jurisdiction. Any relief available in a court of law can be awarded by

the arbitrators.

3. Federal Arbitration Act. This agreement is considered a transaction in interstate commerce. As

such, the Federal Arbitration Act (Title 9 of the US Code) governs the interpretation and enforcement

of this arbitration provision. Any issue concerning the validity or enforcement of this arbitration

provision, or whether it applies to any specific claim or dispute will be determined by the arbitrator.

4. CLASS ACTION WAIVER. Unless prohibited by applicable law, arbitration will be solely brought in

your individual capacity and be solely between you and us. Neither you nor we have the right to

participate in a class action in court or arbitration, either as a class representative or class member.

No arbitration between you and us may be joined or consolidated with any other arbitration. Under

no circumstances shall there be any class action in arbitration. You and United Federal Credit Union

acknowledge the Class Action Waiver is material and essential to the arbitration of any claims or

disputes and is non-severable from this arbitration provision. If the Class Action Waiver is limited,

voided or found unenforceable, then this arbitration provision (except for this sentence) shall be null

and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation

of the Class Action Waiver.

5. General.

A. Severability; Survival. Except as provided in the Class Action Waiver above, if any term of this

arbitration provision is found unenforceable for any reason, it shall be severed and the remaining

terms shall be enforced without regard to the invalid or unenforceable provisions. This arbitration

provision shall survive termination of the agreement.

B. Available Relief. This arbitration provision does not preclude you from informing any federal, state

or local agency or entity of your dispute. Such agency or entity may be able to seek relief on your

behalf. Nothing in this arbitration provision limits your or our right, whether before, during or after the

pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or

repossession and sale of collateral, or to obtain injunctive relief or interpleader relief. The exercise of

these rights will not constitute a waiver of the right to submit any dispute to arbitration.

C. Exclusion. To remove any doubt, this arbitration provision does not apply to: (i) any consumer credit

transaction secured by a dwelling (including a home equity line of credit secured by your principal

dwelling); or (ii) to any consumer credit obtained while you were a covered borrower as defined by the

Military Lending Act.

6. RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION AND THE CLASS ACTION WAIVER

PROVISION BY SENDING A WRITTEN REQUEST TO US AT UNITED FEDERAL CREDIT UNION, ATTN:

OPERATIONS, P.O. BOX 125, ST. JOSEPH, MI 49085. YOUR WRITTEN NOTICE MUST INCLUDE YOUR

NAME, ADDRESS, ACCOUNT NUMBER, AND INDICATE YOUR CHOICE TO OPT OUT OF THIS

ARBITRATION AND CLASS ACTION WAIVER PROVISION. NOTICE MUST BE RECEIVED WITHIN SIXTY

(60) DAYS AFTER THIS AGREEMENT WAS DELIVERED OR OTHERWISE MADE AVAILABLE TO YOU. IF

YOU FAIL TO OPT OUT WITHIN THIS SIXTY (60) DAY PERIOD, YOU WILL BE DEEMED TO HAVE

PROVIDED YOUR CONSENT TO THE RESOLUTION OF CLAIMS OR DISPUTES THROUGH BINDING

ARBITRATION. OPTING OUT OF ARBITRATION WILL NOT TERMINATE OR EFFECT ANY OTHER RIGHTS

YOU OR WE HAVE UNDER THIS AGREEMENT. IF YOU OPT OUT, YOU MUST OPT OUT OF ALL TERMS

OF THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION. YOU MAY NOT OPT OUT OF ONLY

CERTAIN TERMS.

Signature

You agree to all of the provisions of this agreement by any and all of the following means:

• Using the Service.

• Physically or electronically signing this agreement.

• Causing your agent to physically or electronically sign this agreement.

• Entering into, consenting to, or otherwise accepting this agreement electronically.

Your electronic consent or use of the Service has the same effect as if you or your authorized agent had

signed this agreement with your physical signature.

Your physical signature, electronic consent, or use of the Service is also your acknowledgement that you

have received a copy of this agreement. If you would like to have a paper copy of this agreement,

please call us at (888) 982-1400 or write to us at:

United Federal Credit Union

PO Box 125

St. Joseph, MI 49085

Unauthorized use of the Service is strictly prohibited.