The EDMS and CCC Web Site (the �Service�) is an
on-�‐line electronic services and electronic document viewing product
provided by Frontier Credit Union and its licensor, DigitalMailer, Inc. ("Licensor", and together
with Frontier Credit Union, individually and collectively, the "FI"). All references
to the term "we" in this disclosure are references to the FI.
Please read this Agreement carefully before accessing
or using the Service. By accessing or using the Service, you agree to be bound
by the terms and conditions below. If you do not accept the terms and
conditions of this Agreement, you may not access or use the Service. The FI may
modify this Agreement from time to time, and such modifications shall be
effective immediately upon posting of the modified Agreement. By continuing to
access or use the Service following such modifications, you agree to be bound
by the modified Agreement
Information. We are providing you with access
to various types of information through the Service which may include, without
limitation, your account and other financial information directions (the
�Information�) solely for your own use and not for further redistribution. The
Information is Frontier Credit Union�s property and is protected by applicable law. We reserve
any rights not expressly granted herein. The FI does not warrant or guarantee
such accuracy or timeliness.
Availability/Interruption. The Service and
System are available through your Equipment or Computer when it has an active
connection to the Internet. The Service is subject to transmission limitation
or interruption. You acknowledge and agree that we are not responsible for
performance degradation and delays due to conditions on the Internet or due to
the Equipment, your Computer or actions of the Content or Technology Providers.
You acknowledge that the FI shall not be liable to you if the Service in a
given location is not available. If the Service is not available within your
intended location, you agree that your sole remedy shall be to terminate this
Agreement.
Password and Security.
After the initial login, the Service may be accessible through a password
chosen by you. You agree not to give or make available your password to any
unauthorized individuals. If you believe that your password has been lost or
stolen or that someone may attempt to use your password without your consent,
you must notify Frontier Credit Union at once.
Use of Service/Equipment.
You must not restrict or inhibit any other user from using the Service. You may
not use the Service to send any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, threatening, offensive, or otherwise objectionable
information of any kind. You may not use the Service to conduct any illegal
activity or solicit the performance of any illegal activity, including without
limitation the U.S. export control laws and regulations.
Consent to Electronic
Contracting.
You also agree that the FI may make agreements with you concerning the Service
by electronic means. All agreements entered into by electronic means will be
deemed valid, authentic and shall have the same legal effect as agreements
entered into on paper. You will be deemed to have received any electronic
messages sent to you if such messages are sent to the latest e-�‐mail
address you have provided to the institution. You further agree that electronic
copies of communications are valid as �originals� and you will not contest the
validity of the electronic copies, absent proof of altered data or tampering.
This consent to the use of electronic agreements and communications shall apply
to all agreements and communications made in conjunction with this agreement
and the Service.
Consent to Electronic
Disclosures.
If you agree, you will receive communications and disclosures from the FI
regarding the Service only in electronic form (not in paper) and you agree not
to circumvent receiving any messages. At no time does a paper communication
sent from the FI alter this agreement. You promise to inform Frontier Credit Union promptly in
writing of any change in your e-�‐mail address or your U.S. Mail address.
You may choose to receive a copy of this Agreement and any other related
communications in paper format, and you have the right to withdraw your consent
to entering into electronic agreements and receiving electronic communications
and disclosures; however, paper format may not always be available and, if
available, may be subject to fees. To receive paper copies of this agreement or
other electronic communications, to withdraw your consent to electronic
agreements and communications, or to update information needed to contact you electronically,
please contact Frontier Credit Union directly at [email protected]. All
written notices to Frontier Credit Union shall be sent to [INSERT ADDRESS FOR NOTICES].
Equipment Requirements. In order
to access the institution agreements and communications electronically, you
must have a personal computer equipped with a 128-�‐bit JavaScript
enabled Browser, Internet access, and a valid e-�‐mail account supported
by software to enable you to receive e-�‐mail messages. In order to store
institution agreements and communications made electronically, you need to have
a printer connected to your computer so that you can print such agreements or
communications, or you need to have a hard drive or disk drive to download such
agreements or communications electronically.
Charges. As a customer of the Service, you may
not be charged by the FI for receiving an eStatement
or eLERT electronically. As part of the Service, Frontier Credit Union
will provide a history of prior month�s statements for you to review and print
as needed (see Frontier Credit Union�s web site for the number of months that will be made
available as part of the Service). There may be a charge for additional
transactions, including a request for a paper copy of your statement from the
FI, and other optional services.
THE FI IS PROVIDING THE SERVICE �AS IS� WITHOUT ANY WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON
INFRINGEMENT AND TITLE. THE FI DOES NOT WARRANT THAT THE SERVICE IS
ERROR-�‐FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-�‐FREE.
IN NO EVENT SHALL THE FI OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF THE FI OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON THE FI, ITS LICENSORS OR SUPPLIERS, THE FI AND ITS LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
THE FOREGOING SHALL CONSTITUTE THE FI�S ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY HEREUNDER
Assignment. You may not assign this Agreement
to any other party. The FI may assign this Agreement to any future, directly or
indirectly, affiliated company. The FI may also assign or delegate certain of
its rights and responsibilities under this Agreement to independent contractors
or other third parties.
General. This Agreement is governed and shall be construed in accordance with the laws of the State of Idaho, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between the FI and you concerning the Service and may only be amended in a writing signed by both parties. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.