Welcome to External Transfers! - the next generation
of online personal finance management. With our fully interactive online funds
transfer service (the "External Transfers Service" referred to in
this agreement as the "Service", you may transfer funds from any of
your accounts at any financial institution to any other account held by you or
another person at the same or another financial institution - referred to in
this agreement as "Accounts" - assuming, of course, that the transfer
is permitted by your financial institution and by law.
Please take a few minutes to read this External Transfers
Service Agreement (referred to throughout as the "Agreement"). Any
reference to Frontier Credit Union (referred to in this agreement as the
"Financial Institution") in this Agreement includes any directors,
officers, employees, contractors, service providers, agents or licensees of the
Financial Institution. As used in this Agreement, the words "you" and
"your" refer to you as the user of the Service; the words
"we," "us," "our" and any other variation thereof
refer to Financial Institution. When you're ready, click the "I Agree to
accept these terms and conditions" button to start enjoying the
convenience and financial security of External Transfers!
This Agreement sets out the terms and conditions (the
"Terms") on which our service provider and Financial Institution will
provide, and you may use the Service and forms part of a legally binding
agreement between you and Financial Institution. When you click on the "I
Agree to accept the terms and conditions" button, you will complete an
application to receive the External Transfers Service, and you agree to accept
the Terms, including any amendments to this Agreement or any changes in the Terms.
Your application may be accepted or declined by our service provider and/or
Financial Institution based on specific criteria. If you do not agree to all
the Terms, do not accept the Terms & Conditions. If you do not accept and
agree to all the Terms, you will not be entitled to use the Service. Financial
Institution reserves the right to change the Terms under which the Service is
offered in its sole discretion at any time; however, Financial Institution will
notify you of any material change to the Terms. In most cases, you will receive
the notice online the next time you log in; however, Financial
Institution reserves the right to notify you by email or by conventional mail,
at its discretion. You agree that if you continue to use the Service after we
notify you of any change, you thereby accept the changes to the Terms and agree
to be bound by this Agreement, as amended. If you do not accept and agree to
the changes to the Terms, you will not be entitled to use the Service. You can
review, download and print the most current version of
this Agreement by consulting with Financial Institution or visiting
frontiercreditunion.com and referring to the Disclosures page. If you do not agree
to the changes, or if at any time you wish to discontinue your use of the
Service, you can unsubscribe by contacting Financial Institution. Once your
account with Financial Institution has been terminated for any reason, you will
have no further right or access to use the External Transfers Service. To use
the External Transfers Service, you must be a resident of the United States and
eligible for membership of Financial Institution.
By clicking on the "I Agree to accept the terms and
conditions" button, you authorize us and we
reserve the right to verify your identity, by
obtaining information about your credit history from a consumer reporting
agency. Financial Institution and our service provider will obtain and use your
credit information only in accordance with the Fair Credit Reporting Act
("FCRA") and other applicable law. We reserve the right to deny you
access to the Service if we cannot verify your identity or other necessary
information. We may approve or decline your application for the Service based
upon our review of your consumer report, along with other information we deem
relevant. If we deny your request to use the Service, you may obtain a free
copy of the consumer report that we used from the consumer reporting agency
that issued the report. You may view, download and
print a summary of your rights under FCRA, including information on how to
obtain a copy of your consumer report, at any time by contacting your Financial
Institution.
In addition to obtaining a consumer report, Financial
Institution and our service provider reserves the right to obtain such
additional information as we deem reasonably necessary to insure that you, or
persons to whom you may transfer funds, are not using our Service in violation
of law, including, but not limited to, laws and regulations designed to prevent
"money laundering" or the transfer of funds to or from persons or
organizations whose accounts are blocked under regulations of the Office of
Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the External Transfers Service, we
may verify your Accounts that you add to the Service from time to time. You
authorize us to validate the Accounts through the use of
a test transfer, in which one or more low value payments will be both credited
to and debited from the Account. The test credit will always occur before the
test debit and will always be of the same or lesser amount, so that the balance
in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete, we may ask you to access
your Account to tell us the amount of the test credit or debit or any
additional information reported by your bank or credit union with this test
transfer. We may also verify Accounts through requiring the entry of
information you ordinarily use to access the Account provider's web site, or by
requiring you to submit proof of ownership of the Account.
Subject to Financial Institution's Privacy Policy, you agree
that Financial Institution may use, copy, modify, display and distribute any
information, data, materials or other content (the "Content") you
provide to Financial Institution for the purpose of providing the Service, and
you hereby give Financial Institution a license to do so. By submitting
Content, you represent that you have the right to license such Content to Financial Institution for the purposes set forth in this
Agreement.
You understand that in order to complete fund transfers, it
is necessary for Financial Institution and our service provider to access the
websites and databases of your credit union and other institutions where you
hold Accounts, as designated by you and on your behalf, to retrieve information
and effect the fund transfers you request. By using the Service, you represent
and warrant to us that you have the right to authorize and permit us to access
your Accounts to effect such funds transfers or for
any other purpose authorized by this Agreement, and you assure us that by
disclosing and authorizing us to use such information you are not violating any
third-party rights. You warrant and represent that the information you are
providing us with is true, current, correct and
complete. You hereby authorize and permit Financial Institution and our service
provider to use information submitted by you to accomplish these purposes and
to configure the Service to be compatible with the Accounts.
For as long as you are using the Service, you give to
Financial Institution and our service provider a limited power of attorney and
appoint Financial Institution and our service provider as your true and lawful
attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead,
in any and all capacities, to access the Accounts, effect funds transfers as
described above, with full power and authority to do and perform each and every
act and thing requisite and necessary to be done in connection with effecting
funds transfers, including verifying the content and authenticity of any funds
transfer instruction for the purposes of security procedures applicable to
Accounts, as fully to all intents and purposes as you might or could in person.
Once Financial Institution and/or our service provider has actual knowledge
that you wish to cease using the External Transfers Service as provided in this
Agreement or as otherwise permitted in this Agreement and has a reasonable
opportunity to act on such knowledge, this limited power of attorney is
automatically revoked; provided, however, that any act done by Financial
Institution and/or our service provider in good faith before it has actual
knowledge of termination by you and has a reasonable opportunity to act on such
knowledge shall be deemed to be authorized by you.
You understand and agree that at all times
your relationship with each Account provider is independent of Financial
Institution and your use of the External Transfers Service. Financial
Institution will not be responsible for any acts or omissions by the financial
institution or other provider of any Account, including without limitation any
modification, interruption or discontinuance of any
Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION
AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER
FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, FINANCIAL INSTITUTION AND OUR
SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF
ANY THIRD PARTY. You agree that Financial Institution, its affiliates, service
providers and partners shall be entitled to rely on the foregoing
authorization, agency and power of attorney granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES,
LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE
ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE
ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY
INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION
RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF
ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL
INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for External
Transfers Service. Be sure to check with your financial institution for
restrictions regarding transfers among your retirement (401k, IRA, etc.),
savings, trusts, loans, custodial, business, corporate and other account types.
We are not responsible for any costs or losses incurred from fund transfers
that are not permitted under such restrictions by the provider of your Account
or those imposed by applicable law.
a. General Consent; Categories of Records. The External Transfers Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means in accordance to, but not limited by, Financial Institutions eStatement Consent Agreement:
· This Agreement and any amendments, modifications or supplements to it.
· Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
· Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
· Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
· Any other communication related to the Service.
Although Financial Institution reserves the
right to provide Communications in paper format at any time, you agree that we
are under no obligation to do so. All Communications in either electronic or
paper format will be considered to be "in
writing." You should print a paper copy of any electronic Communication
that is important to you and retain the copy for your records. If you do not
agree to receive this Agreement or the Communications electronically, you may
not use the Service.
b.
How to Withdraw Consent. If you have
registered for the Service and you wish to withdraw your consent to have
Communications provided in electronic form, you must cancel any pending
transfer requests (within the time period permitted by the Service cancellation
policies) and stop using the Service. There are no fees to cancel a pending
transfer request (as long as such cancellation is made
within the time period permitted by the Service cancellation policies).
c. How to Update Your Records. You agree to promptly update your registration records if your email address or other information changes. You may update your records, such as your email address, by using the appropriate Profile page.
d. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the email address you provide. Any electronic Communication sent by email will be deemed to have been received by you when Financial Institution or our service provider sends it to you, whether or not you received the email. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after Financial Institution or our service provider posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by email is considered to be sent at the time that it is directed by Financial Institution's or service provider's email server to the appropriate email address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
e.
Hardware and Software Requirements. In
order to access and retain Communications, you must have:
·
An Internet browser that supports 128-bit
encryption, such as Netscape Navigator version 4.7 or above or Internet
Explorer version 5.0 or above.
·
An email account and email software capable of
reading and responding to your email.
·
A personal computer, operating system and
telecommunications connections to the Internet capable of supporting the
foregoing.
·
Sufficient electronic storage capacity on your
computer's hard drive or other data storage unit.
·
A printer that is capable of printing from your
browser and email software
We regard your privacy and security with the utmost
importance, and we are absolutely committed to safeguarding any information
that you share with us. In order to provide the External Transfers Service, we
must obtain from you certain personal information about you, your Accounts, and
your transactions (referred to herein as "User Information").
You represent that you have the right to provide such User Information and that
you give us the right to use the User Information in accordance with our
privacy policy.
All of your personal and financial
information will be placed on a secure portion of our website. We do not use
any persistent "cookies" on the browser to store any personal
information. We have multiple levels of security that have been designed
especially for us. You can see a full description of our security policy by
clicking on "Security Policy" in eBranch. You can see a full
description of our privacy policy by clicking on "Privacy Policy" in
eBranch or by visiting frontiercreditunion.com and referring to the most recent posted Privacy Policy.
To enable you, and only you, to use the Service, you will be
asked to choose a password when you register for eBranch. Access to the Service
is via Single Sign-On (SSO) technology, which means you do not enter a password
to access the Service once logged into eBranch. You are responsible for
maintaining the confidentiality of your Financial Institution member number and
password. No one at Financial Institution has access
to your Accounts passwords and may have limited access to user ID's. You are responsible
for uses of the Service whether or not actually or
expressly authorized by you. Therefore, it is important that you DO NOT SHARE
YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Financial
Institution will know or need to know your password, and Financial Institution
employees will never ask for your password.
If you believe your password has been lost or stolen, or
that someone has transferred or may transfer money from your Account without
your permission, contact us using the instructions on our site.
You agree to notify us AT ONCE if you believe your password
has been lost or stolen. Telephoning us promptly is the best way to protect
yourself from possible losses. If you never tell us, you could lose all of the money in your account (plus your maximum
overdraft line of credit if applicable). However, if you tell us within 2
business days, you can lose no more than $50 if someone used your password
without your permission.
If you do NOT tell us within 2 business days after you learn
of the loss or theft of your password, and we can prove we could have stopped
someone from using your password without your permission if you had told us,
you could lose as much as $500.
You can see a complete statement of all your funds transfers
effected or pending at any time by clicking on the History tab. If your
statement shows transfers that you did not make, notify us AT ONCE. If you do
not tell us within 60 days after the transfer was posted to
your statement, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone
from taking the money if you had told us in time. If a good reason (such as a
long trip or a hospital stay) kept you from telling us, we will extend the time
periods.
The Service will process requests for transfers on business
days. Our business days are Monday through Friday. Holidays and F Holidays are
not included.
Transfers initiated after 4:30 PM MST will be processed the
next business day.
You may use your Financial Institution password to access
External Funds Transfer within the Service to transfer funds between any of
your Accounts about which you have provided the necessary information to
Financial Institution. Transfers can be between Accounts within the same
financial institution or at an unrelated financial institution (although
transfers between Accounts at the same institution may be affected more quickly
by contacting the institution directly rather than using the Service).
This service may not be available at all
times. We may from time to time make available additional or new
features to the Service, including but not limited to, a next day service and a
higher limit service. You will be approved or declined for any such additional
service at our sole discretion and additional terms and conditions may apply.
Please ensure that you have sufficient funds to affect any funds transfers from
your Accounts. We may at any time decline to process any funds transfer that we
believe may violate applicable law.
We do not limit the number of funds transfers you may make;
however, you may not make funds transfers in excess of
the number of funds transfers allowed by the rules governing the applicable
Accounts. We may from time to time for security and risk management reasons
modify the limit, the frequency and the dollar amount
of transfers you can make using our Service.
You may not make funds transfers in excess
of the limits described in the Service. We reserve the right to change
from time to time the dollar amount of funds transfers you are permitted to
make using our Service. Without limiting the foregoing, in
the event that your use of the Service has been suspended and reinstated
as provided herein (see "Suspension and Reinstatement of External Transfer
Service" below), you understand and agree that your use of the Service
thereafter may be subject to lower dollar amount limitations than would
otherwise be permitted by us.
Additionally, all funds transfers
are also subject to the rules and regulations governing the relevant Accounts.
You agree not to effect any funds transfers from or to
an Account that are not allowed under the rules or regulations applicable to
such accounts including, without limitation, rules or regulations designed to
prevent the transfer of funds in violation of OFAC regulations.
We reserve the right to decline to effect
any funds transfer, to submit funds transfer instructions or orders or to carry
out change or cancellation requests.
You authorize us to select any means to execute your funds
transfer instructions. You understand that to effect your funds transfer instruction we utilize the
Automated Clearing House (ACH), using applicable ACH Rules, we debit one of
your Accounts and credit another of your Accounts or an account of a Recipient.
Once your Account has been debited, we credit our service provider's transfer
account at the service provider's clearing bank. After our service provider
and/or its clearing bank are reasonably certain that the debit will not be
returned (in most cases this is usually between 3-4 banking days), our service
provider will credit your or the Recipients Account. The sole purpose for our
service provider's transfer account is to complete your funds transfer requests
and for performing the services within the scope of this Agreement. The service
provider earns no interest on the funds in the transfer account. If the debit
side fails or is returned for any reason and the credit side has been released
and cannot be collected, you authorize our service provider to collect from the
Account to which the credit side of the funds transfer was sent. We reserve the
right to resubmit a debit, or a portion of the debit, in the event of an
insufficient or uncollected funds return and if we cannot collect the amount
credited. To effect this collection, you understand
and authorize us to debit the credited Account or the debited Account in either
the same dollar amount as the original funds transfer or a portion of the
debit. There may be a fee associated with such collection imposed by the
financial institution holding the Account.
You understand and agree that we may from time to time
impose additional charges in connection with your funds transfer transactions.
Financial Institution will notify you of such fee in advance of the
transaction. If you choose to proceed with the transaction, you authorize
Financial Institution to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any
portion of any such debit, has failed and the credit side of such transaction
has been released and cannot be collected, and we are unable to debit either
the debited or the credited Account as set forth above, we reserve the right,
and you hereby authorize us, to debit any of your other Accounts to the extent
necessary to offset any resulting deficiency. We do not undertake to notify you
in such event, other than by posting any such transfer or transfers to the
applicable Account in accordance with this Agreement (see
"Documentation," below).
You understand and agree that in the event we are unable to
execute your funds transfer request utilizing the ACH, we may utilize other
established payment mechanisms in order to complete
your funds transfer instructions, such as wire transfer or check.
If you have requested a funds transfer to a Recipient, you
must provide us with a true, correct, current email address for such Recipient.
We will contact the Recipient, and ask the Recipient
to provide us with certain information, such as the account number and
financial institution that they wish to transfer the funds to. If the Recipient
fails to reply to the email or fails to follow the instructions provided by us,
we will notify you and credit your Account for the amount of
the transfer.
In the event that we at any time incur a problem with your
use of the Service, including without limitation a fail in attempting to debit
any of your Accounts or to collect with respect to any of your funds transfers
as described above, and without limiting any other right or remedy that we may
have under this Agreement or otherwise, we reserve the right to suspend your
right to use the Service, immediately and without prior notice to you. You
understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such
suspension, you may request reinstatement of your service by contacting us
using any of the methods provided for under this Agreement (see "Error
Reporting and Claims," below). We reserve the right in its sole discretion
to grant or deny reinstatement of your use of the Service. In the event we
agree to reinstate you, we reserve the right to, and ordinarily will, initially
reinstate your Service subject to lower per-transaction and monthly dollar
limits and/or with other restrictions than otherwise might be available to you.
Based upon your subsequent usage of the Service, Financial Institution in its
sole discretion may thereafter restore your ability to effect transfers subject
to such higher limits as may then be in effect (see "Dollar Amount of
Transfers," above).
You understand that we must rely on the information provided
by you and you authorize us to act on any instruction which has been or reasonably
appears to have been sent by you, to submit funds transfer instructions on your
behalf. You understand that financial institutions receiving the funds transfer
instructions may rely on such information. We are not obliged to take any
further steps to confirm or authenticate such instructions and will act on them
without getting further confirmation. You understand that if you provide us
with incorrect information or if there is any error in your instruction, we
will make all reasonable efforts to reverse or delete such instructions, but
you accept full responsibility for losses resulting from any of your errors,
duplication, ambiguities or fraud in the information
that you provide. You agree not to impersonate any person or use a name that
you are not authorized to use. If any information you provide is untrue,
inaccurate, not current or incomplete, without limiting other remedies,
Financial Institution reserves the right to recover from you any costs or
losses incurred as a direct or indirect result of the inaccurate or incomplete
information.
In case of errors or questions about your funds
transfers, contact us as soon as you can, if you think your statement is wrong
or if you need more information about a transfer listed on the statement. You
can see a complete statement of all your funds transfers effected or pending at
any time by clicking on the History tab. We must hear from you within 60 days
after we FIRST posted the transfer to your statement.
(1) Tell us your name, and the account number of the Account
to which the error relates. (2) Describe the error or the transfer you are
unsure about and explain as clearly as you can why you believe it is in error
or why you need more information. (3) Tell us the dollar amount of the
suspected error.
If you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days. We will determine
whether we committed an error within 10 business days (20 business days for new
member accounts) after we hear from you and will correct any error promptly. If
we need more time, however, we may take up to 45 days (90 days for new member
accounts) to investigate your complaint or question. If we decide to do this,
we will credit/debit (called "provisional credit/debit") the
applicable Accounts within 10 business days (20 business days for new member
accounts) for the amount you believe is in error, so that you or your intended
Recipient will have use of the money during the time it takes us to complete
our investigation. If we ask you to put your question or complaint in writing
and we do not receive it within 10 business days, we may provide provisional
credit/debit to the applicable Accounts.
We will tell you the results within
three business days after completing our investigation. If we decide that we
did not make an error, we will send you a written explanation. You may ask for
copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems
caused by or resulting from the action or inaction of financial institutions
holding the Account or the account of your Recipient. Although we will try to
assist you in resolving any such problems, you understand that any such errors,
delays or other problems are the responsibility of the relevant financial
institution or the Recipient. Any rights you may have against a financial
institution for such errors, delays or other problems are subject to the terms
of the agreements you have with such financial institution, including any time limits
during which complaints must be made.
You acknowledge and agree that Financial Institution and/or
our service provider owns all rights in and to the External Transfers Service.
You are permitted to use the Service only as expressly authorized by this
Agreement. You may not copy, reproduce, distribute, or create derivative works,
reverse engineer or reverse compile Financial Institution and/or our service
provider's External Transfers Service or any of Financial Institution and/or
our service provider's services or technology.
As a condition of using the Service, you warrant to us that
you will not use the Service for any purpose that is unlawful or is not
permitted, expressly or implicitly, by the terms of this Agreement or by any
applicable law or regulation. You further warrant and represent that you will
not use the Service in any manner that could damage, disable, overburden, or
impair the Service or interfere with any other party's use and enjoyment of the
Service. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Service. You agree that these warranties and representations will remain in
full force and effect even if this Agreement terminates for any reason.
We may modify or discontinue the Service or your account
with us, with or without notice, without liability to you, any other user or
any third party. We reserve the right, subject to applicable law, to terminate
your External Transfers account and your right to use the Service at any time
and for any reason, including without limitation if we, in our sole judgment,
believe you have engaged in conduct or activities that violate any of the Terms
or the rights of Financial Institution and/or our service provider, or if you
provide us with false or misleading information or interfere with other users
or the administration of the Services. We reserve the right to charge a fee for
the use of the Service and any additional services or features that we may
introduce. You understand and agree that you are responsible for paying all
fees associated with the use of our External Transfers Service.
You may terminate your account with Financial Institution at
any time in accordance with your Member Agreement by Contacting us. Once your
account with Financial Institution has terminated for any reason, you will have
no further right or access to use the Service, and Financial Institution will
not access your Accounts thereafter for any reason.
The Financial Institution website may contain links to other
websites ("Linked Sites"). Such links are provided solely as a
convenience to you. Financial Institution does not screen, approve, review or otherwise endorse any content or information
contained in any Linked Sites. You acknowledge and agree that Financial
Institution, its affiliates and partners are not responsible for the contents
of any Linked Sites, including the accuracy or availability of information
provided by Linked Sites, and makes no representations or warranties regarding
the Linked Sites or your use of them.
You understand that the financial institution at which an Account
is maintained may contact us to verify the content and authority of funds
transfer instructions and any changes to those instructions. You understand
that, as your agent, we may provide to such financial institution
such information as may be required to verify the instructions and may
constitute a valid security procedure under the rules governing such Account.
You agree to allow us to authorize any financial institution
at which you have an Account to accept funds and transfer instructions in
accordance with any authorization procedures as may be agreed from time to time
between you and such financial institution, or between us, on your behalf, and
such financial institution, without verifying the instructions under the
established security procedures, regardless of whether such security procedures
were agreed by you directly or by us on your behalf. In addition
you agree that we may authorize such financial institutions to charge and debit
your accounts based solely on these communications.
If funds transfer instructions identify a bank or
beneficiary by name and account number, the relevant financial institution may
execute those instructions by reference to the number only, even if the number
does not correspond to the name. You understand that such financial
institutions may not investigate discrepancies between names and numbers. In addition,
you agree that we have no responsibility to investigate discrepancies between
names and numbers.
In submitting your application for the External Transfers
Service, you confirm that, if any of your Accounts is a joint account, your
joint account holder has consented for you to use your Accounts for the
Service. We will end your use of the Service if any joint account holder
notifies us that (i) they never consented to your use of our External Transfers
Service, (ii) the joint account can no longer be operated on your instructions
alone, or (iii) they are withdrawing consent for you to operate the joint
account in accordance with your Member Agreement.
You authorize us to select any means we deem suitable to provide
your funds transfer instructions to the applicable financial institution. These
choices include banking channels, electronic means, funds transfer systems,
mail, courier, or telecommunications services, intermediary banks
and other organizations. You agree to be bound by the rules and regulations
that govern the applicable funds transfer systems, such as CHIPS or automated
clearing house (ACH) as published by the National Automated Clearinghouse
Association (NACHA). We shall make all reasonable efforts to ensure that your
transfer requests are processed on time; however, we reserve the right to hold
funds beyond the normal period and if any interest is earned will be the
property of Financial Institution.
If we do not provide a funds transfer instruction on time,
if we cause an incorrect amount to be removed from an Account or if we cause
funds from an Account to be transferred to any account other than the Account
or Recipient's account specified in the applicable funds transfer instruction,
we shall be responsible for returning the improperly transferred funds and/or
for directing any misdirected funds to the proper Account or intended
recipient's account. Financial Institution is not
responsible or liable if you or the Recipient's financial institution's system
fails, and we are unable to complete the transfer. Except as otherwise required
by law, Financial Institution shall in no other event be liable for any losses
and damages other than those arising from gross negligence or willful misconduct
on our part or if we breach a representation or warranty of Financial
Institution hereunder.
You agree that your transfer instructions constitute
authorization for us to complete the transfer. You represent and warrant to us
that you have enough money in the applicable Accounts to make any funds
transfer you request that we make on your behalf through the Service. You
understand and agree that we are not liable under any circumstances for any
losses or damages if, through no fault of ours, you do not have enough money to
make the funds transfer and the funds transfer is not completed or is later
reversed or if your financial institution does not permit the transfer or the
funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible
for any losses or damages if circumstances beyond our control (such as fire or
flood) prevent us from making a funds transfer or if the Financial Institution
website was not working properly and you knew about the breakdown when you
started the funds transfer.
YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL TRANSFERS SERVICE
IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT
OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE
EXTERNAL TRANSFERS SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL TRANSFERS
SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE
OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE FINANCIAL INSTITUTION
WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD
PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL TRANSFERS SERVICE, THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL
TRANSFERS SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE
ACCOUNTS OR THAT THE EXTERNAL TRANSFERS SERVICE WILL MEET ANY USER'S
REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE
EXTERNAL TRANSFERS SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT
RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD
PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL TRANSFERS SERVICE,
ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR
DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Financial
Institution, its affiliates, partners, officers, directors, employees,
consultants, service providers and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to, attorneys fees)
arising from your use of the External Transfers Service, our reliance on the
information, instruction, license and/or authorization provided by you under or
pursuant to this Agreement, your violation of the Terms or your infringement, or
infringement by any other user of your Financial Institution account, of any
intellectual property or other right of any person or entity.
In the event that you are an
intended Recipient, another customer (the "Transferor") has
instructed us to transfer funds (the "Funds") to an account you
designate at your bank or other financial institution (the
"Account"). In addition to the Terms herein, you agree to accept the
terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In
order for us to complete the transfer, you will be prompted to provide us with
the following information (the "Information"): 1) your full name; 2)
your current residential address; 3) the name of your bank or financial institution
and ABA routing number (the 9-digit number that appears on the far left of the
bottom of your check) of the financial institution which holds your Account; 4)
the Account number; and 5) a secret word or phrase known only to you and the
transferor. We will utilize the Automated Clearing House (ACH) system to send
the Funds to your Account. We will act on the information provided by you in
completing ACH credit instructions to your Account. If for any reason your
financial institution returns the ACH credit or the credit goes to the wrong
financial institution or Account because you have provided us with incorrect
information, we may in our sole discretion, take reasonable efforts to complete
the credit transaction or return the Funds to the Transferor.
To enable you, and only you, to receive the Funds, the
Transferor has given you the Shared Secret. If you have not received the Shared
Secret, please contact the Transferor directly. The Shared Secret is stored in
encrypted form by us. No one at Financial Institution
has access to the Shared Secret. No one at Financial
Institution will know or need to know the Shared Secret, and Financial
Institution employees will never ask for the Shared Secret. YOU AGREE THAT YOU
WILL NOT GIVE THE SHARED SECRET TO ANYONE FOR ANY REASON. You agree that we
shall not be liable for any losses that may result if you disclose the Shared
Secret to another person.
You agree not to impersonate any person or use a name that
you are not authorized to use. You warrant and represent that you are the
person intended by the Transferor and entitled to receive the Funds; that you
are not a person whose Accounts are blocked under regulations of the Office of
Foreign Asset Control (OFAC) of the United States Treasury Department; and that
the Information you will provide is true, correct and
complete.
We reserve the right to decline to complete any transfer,
even after you have agreed to all of the Terms, if we
have reason to believe that completing the transfer would result in a violation
of law or expose us to liability or risk of loss. Without limiting the
foregoing, we will reject any transfer if you do not enter the Shared Secret
correctly after three [3] attempts. If the transfer is rejected for any reason,
the funds will be returned to the Transferor.
You understand and agree that our service provider is not a
bank, a broker-dealer firm, or any other kind of financial institution. You
represent and warrant that you are who you claim to be; that you are the
rightful owner of all Content and the Accounts linked for the purposes of the ExternalTransfers Service; and that you are rightfully
authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any
breach of your representations and warranties in this Agreement, the
limitations on our liability and our rights to indemnification under this
Agreement are continuing and shall survive the termination of this Agreement,
notwithstanding the lack of any specific reference to such survivability in
these provisions. Financial Institution's failure to enforce the strict
performance of any provision of this Agreement will not constitute a waiver of
Financial Institution's right to subsequently enforce such provision or any
other provisions of this Agreement at any time.
The most current version of this Agreement as it appears on
our website, including any amendments that we may make from time to time,
constitutes the entire agreement between us, and supersedes and replaces all
other agreements or understandings, whether written or oral, regarding the
External Transfers Service. This Agreement may be amended, or any of Financial
Institution's rights waived, only if Financial Institution agrees in writing to
such changes, or you continue using the External Transfers Service following
receipt of notice of any changes proposed by Financial Institution. All notices
to you shall be in writing and shall be made either via email, conventional
mail or messages delivered through the Services, at Financial
Institution's discretion. All notices to Financial
Institution must be made in writing. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the
other regarding this Agreement that we cannot resolve amicably, both parties
agree that the sole and exclusive remedy shall be binding arbitration in
accordance with the then-current rules and procedures of the American
Arbitration Association. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho, without giving effect to its
conflict of laws provisions or your actual state or
country of residence. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms to be unenforceable, the remainder of the
Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the External Transfers Service by us.