- Agreement.
You specifically consent and agree that we may provide all disclosures,
agreements, contracts, periodic statements, receipts, notices,
modifications, amendments, and all other evidence of our transactions
with you or on your behalf electronically (hereinafter all such
documentation is referred to as “electronic record(s)”.
You have a right to receive a paper copy of any of these electronic
records if applicable law specifically requires us to provide
such documentation. Also, you may withdraw your consent and
revoke your agreement to receive records electronically. To
request a paper copy or to withdraw your consent and agreement
to receive electronic records call, write or e-mail us as set
forth in the Schedule.
- Equipment
and Software Requirements. To receive electronic records
and to access our home banking services, you need a computer
with a modem and web browser (such as Netscape Navigator®,
Microsoft Internet Explorer® or an equivalent). Use and
access to our on-line / electronic banking services requires
the use of a browser that supports SSL and Cookies. The Web
browser that you use must be capable of 128 bit encryption.
You are responsible for the set-up and maintenance of your home
computer and modem.
These are the present minimum requirements that are required
to access and use the system. We make no warranty or representation
regarding the access speed that you will have now or in the
future, as such is beyond the control of the Credit Union (depending
largely on your computer system and method of access -- e.g.,
dial up connection vs. DSL or other connection). Also, these
minimum requirements are likely to change as technology, software,
and other matters continue to evolve.
Performance of Software and Electronic Service and Warranty
Disclaimer. In no event will we be liable to you for
any consequential, incidental or indirect damages arising out
of the use, misuse or inability to use our services, or for
any loss of any data, even if we have been informed of the possibility
of such damages. FURTHER, WE MAKE NO WARRANTY, EXPRESS
OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, including but not limited to any Online Banking services
provided to you under this or any other agreement with us.
We do not and cannot warrant that Online Banking
will operate without errors, or that any or all Online Banking
Services will be available and operational at all times. Except
as specifically provided in this Agreement, or otherwise required
by law, you agree that our officers, directors, employees, agents
or contractors are not liable for any indirect, incidental,
special or consequential damages under or by reason of any services
or products provided under this Agreement or by reason of your
use of or access to Online Banking, including loss of profits,
revenue, data or use by you or any third party, whether in an
action in contract or tort or based on a warranty. Further,
in no event shall the liability of the Credit Union and its
affiliates exceed the amounts paid by you for the services provided
to you through Online Banking.
Virus
Protection. We are not responsible for any electronic
virus or viruses that you may encounter. The Credit Union suggests
that you routinely scan your PC and diskettes using a reliable
virus protection software product to detect and remove any viruses
found. An undetected or unrepaired virus may corrupt and/or
destroy your programs, files and may expose your computer system
to the control of a hacker.
- Electronic
Signature. You consent and agree that your use of a
key pad, mouse or other device to select an item, button, icon
or similar act/action while using any electronic service we
offer; or in accessing or making any transactions regarding
any agreement, acknowledgment, consent, terms, disclosures or
conditions constitutes your signature, acceptance and agreement
as if actually signed by you in writing. Further, you agree
that no certification authority or other third party verification
is necessary to the validity of your electronic signature; and
that the lack of such certification or third party verification
will not in any way affect the enforceability of your signature
or any resulting contract between you and the Credit Union.
- Electronic
Records. To facilitate electronic commerce, to reduce
the expense of records storage, and to obtain the benefits of
faster access to records, you acknowledge and agree that we
may in our discretion store all records electronically; and
that we will not retain and have no obligation to retain any
original documents for any period of time. This applies to all
documentation including but not limited to checks, transaction
records, notes, mortgages, deeds of trust and other loan and/or
security documentation. You further acknowledge and understand
that we will routinely destroy all original documentation. We
may store records electronically via imaging, scanning, filming
or other technology used in the financial services industry
for the storage of documentation via internal processes or third-party
processors that we approve for these services. You agree that
such storage shall be secure, and further agree that such records
shall for all purposes be recognized and admissible in evidence
or otherwise to prove the agreements, rights and obligations
of the parties pursuant to any such records.
- “E-Mail”
and Facsimile Communications. You acknowledge and agree
that the Internet is considered inherently insecure. Therefore,
you agree that we have no liability to you whatsoever for any
loss, claim or damages arising or in any way related to our
response(s) to any e-mail or other electronic communication,
which we in good faith believe you have submitted to us. We
have no duty to investigate the validity or to verify any e-mail
or other electronic communication; and may respond to an e-mail
at either the address provided with the communication, the e-mail
address in your Membership Application and Signature Card, or
any other application or written communication actually received
by us.
Any account
owner, co-borrower, or authorized user may change the e-mail
address for statements or other information from us at any time.
Although
having no obligation to do so, we reserve the right to require
authentication of e-mails or electronic communications. The
decision to require authentication is in the sole discretion
of the Credit Union. We will have no obligation, liability or
responsibility to you or any other person or company if we do
not act upon or follow any instruction to us if a communication
cannot be authenticated to our satisfaction.
Further,
the Credit Union may not immediately receive e-mail communications
that you send. Also, we will not take action based on e-mail
requests until we actually receive your message and have a reasonable
opportunity to act. We reserve the right to require any notices
from you be submitted to us in writing, and we may refuse to
send certain information through unsecured e-mail communications.
If you need to contact the Credit Union immediately regarding
an unauthorized transaction, stop payment request, or otherwise,
you may call the Credit Union at the telephone number on the
back of this booklet.
You expressly
consent and agree to us, our agents or any parties we authorize
sending and your receiving any communications hereunder by facsimile
or other electronic methods including any offers for Credit
Union, affiliate or third party services and/or products.
- Links
to Other Sites. Our website may contain links to third
party websites. These links are provided solely as a convenience
to you and not as an endorsement by the Credit Union of the
contents on such third-party website. Credit Union is not responsible
for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials
on such third party websites. If you decide to access linked
third-party websites, you do so at your own risk.
- Controlling
Law and Users Responsibilities. Our web site and the
electronic services that we provide (excluding linked sites)
are controlled by the Credit Union from its principal offices
within the State set forth in paragraph 33 of the Membership
Agreement Section of this Booklet, which law governs this Agreement.
While you may choose to access our web site and electronic services
from other locations, we make no representation that any information,
materials, or functions included in our web site or via our
electronic service are appropriate or authorized for use in
other jurisdictions. Your access from other locations is made
on your own initiative; and you are solely responsible for compliance
with any applicable local laws and regulations.
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