TERMS OF SERVICE
Last updated June 1, 2022
1. Introduction. This Terms of Service document
(hereinafter “Agreement”) is a contract between you and East Idaho Credit Union
(hereinafter “we” or “us”) in connection with each service that is described in
the rest of this Agreement that applies to services you use from us, as
applicable (each, a “Service”) offered through our online banking site or
mobile applications (the “Site”). The Agreement consists of these General Terms
for Each Service (referred to as “General Terms”), and each set of Terms that follows after the General Terms that applies to the specific
Service you are using from us. This Agreement applies to your use of the
Service and the portion of the Site through which the Service is offered.
2.
Service Providers. We are offering you the Service through one or more
Service Providers that we have engaged to render some or all
of the Service to you on our behalf. However, notwithstanding that we
have engaged such a Service Provider to render some or all of
the Service to you, we are the sole party liable to you for any payments or
transfers conducted using the Service and we are solely responsible to you and
any third party to the extent any liability attaches in connection with the
Service. You agree that we have the right under this Agreement to delegate to
Service Providers all of the rights and performance
obligations that we have under this Agreement, and that the Service Providers
will be third party beneficiaries of this Agreement and will be entitled to all
the rights and protections that this Agreement provides to us. Service Provider
and certain other capitalized terms are defined in a “Definitions” Section at
the end of the General Terms. Other defined terms are also present at the end
of each set of Terms that follow after the General
Terms, as applicable.
3.
Amendments.
We may amend this Agreement and any applicable fees and charges for the Service
at any time by posting a revised version on the Site. The revised version will
be effective at the time it is posted unless a delayed effective date is
expressly stated in the revision. Any use of the Service after a notice of
change or after the posting of a revised version of this Agreement on the Site
will constitute your agreement to such changes and revised versions. Further,
we may, from time to time, revise, update, upgrade or enhance the Service
and/or related applications or material, which may render all such prior
versions obsolete. Consequently, we reserve the right to terminate this
Agreement as to all such prior versions of the Service, and/or related
applications and material, and limit access to only the Service’s more recent
revisions, updates, upgrades or enhancements.
4. Our
Relationship With You. We are an independent
contractor for all purposes, except that we act as your agent with respect to
the custody of your funds for the Service. We do not have control of, or
liability for, any products or services that are paid for with our Service. We
also do not guarantee the identity of any user of the Service (including but
not limited to recipients to whom you send payments).
5.
Assignment.
You may not transfer or assign any rights or obligations you have under this
Agreement without our prior written consent, which we may withhold in our sole
discretion. We reserve the right to transfer or assign this Agreement or any
right or obligation under this Agreement at any time to any party. We may also
assign or delegate certain of our rights and responsibilities under this
Agreement to independent contractors or other third parties.
6.
Notices to Us Regarding the Service. Except as otherwise stated below,
notice to us concerning the Site or the Service must be sent by postal mail to:
PO Box 1865 Idaho Falls, ID 83403. We may also be reached at (800) 727-9961 for
questions and other purposes concerning the Service. We will act on your
telephone calls as described below in Section 22 of the General Terms (Errors,
Questions, and Complaints), but otherwise, such telephone calls will not
constitute legal notices under this Agreement.
7.
Notices to You.
You agree that we may provide notice to you by posting it on the Site, sending
you an in-product message within the Service, emailing it to an email address
that you have provided us, mailing it to any postal address that you have
provided us, or by sending it as a text message to any mobile phone number that
you have provided us, including but not limited to the mobile phone number that
you have listed in your Service setup or customer profile. For example, users
of the Service may receive certain notices (such as notices of processed
Payment Instructions, alerts for validation and notices of receipt of payments)
as text messages on their mobile phones. All notices by any of these methods
shall be deemed received by you no later than twenty-four (24) hours after they
are sent or posted, except for notice by postal mail, which shall be deemed
received by you no later than three (3) Business Days after it is mailed. You
may request a paper copy of any legally required disclosures and you may
terminate your consent to receive required disclosures through electronic
communications by contacting us as described in Section 6 of the General Terms
above. We reserve the right to charge you a reasonable fee not to exceed twenty
dollars ($20.00) to respond to each such request. We reserve the right to
terminate your use of the Service if you withdraw your consent to receive
electronic communications.
8.
Text Messages, Calls and/or Emails to You. By providing us with a
telephone number (including a wireless/cellular, mobile telephone number and/or
email address), you consent to receiving calls from us and our Service
Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE
DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business
purposes (including identity verification). You acknowledge and agree that such
telephone calls include, but are not limited to, live telephone calls,
prerecorded or artificial voice message calls, text messages, and calls made by
an ATDS from us or our affiliates and agents. Please review our Privacy Policy
for more information.
9.
Receipts and Transaction History. You may view your transaction history by
logging into the Service and looking at your transaction history. You agree to
review your transactions by this method instead of receiving receipts by mail.
10.
Your Privacy.
Protecting your privacy is very important to us. Please review our Privacy
Policy in order to better understand our commitment to
maintaining your privacy, as well as our use and disclosure of your
information.
11.
Privacy of Others. If you receive information about another person through
the Service, you agree to keep the information confidential and only use it in
connection with the Service.
12.
Eligibility.
The Service is offered only to individual residents of the United States who
can form legally binding contracts under applicable law. Without limiting the
foregoing, the Service is not offered to minors unless the minor is using an
Eligible Transaction Account in the name of the minor with a parent or guardian
as a co-signor or guarantor. By using the Service, you represent that you meet
these requirements and that you agree to be bound by this Agreement.
13.
Prohibited Payments. The following types of payments are prohibited through the
Service, and we have the right but not the obligation to monitor for, block,
cancel and/or reverse such payments:
Except
as required by applicable law, in no event shall we or our Service Providers be
liable for any claims or damages resulting from your scheduling of prohibited
payments. We encourage you to provide notice to us by the methods described in
Section 6 of the General Terms above of any violations of the General Terms or
the Agreement generally.
14.
Acceptable Use.
You agree that you are independently responsible for complying with all
applicable laws in all of your activities related to
your use of the Service, regardless of the purpose of the use, and for all
communications you send through the Service. We and our Service Providers have
the right but not the obligation to monitor and remove communications content
that we find in our sole discretion to be objectionable in any way. In
addition, you are prohibited from using the Service for communications or
activities that: (a) violate any law, statute, ordinance or regulation; (b)
promote hate, violence, racial intolerance, or the financial exploitation of a
crime; (c) defame, abuse, harass or threaten others; (d) include any language
or images that are bigoted, hateful, racially offensive, vulgar, obscene,
indecent or discourteous; (e) infringe or violate any copyright, trademark,
right of publicity or privacy or any other proprietary right under the laws of
any jurisdiction; (f) impose an unreasonable or disproportionately large load
on our infrastructure; (g) facilitate any viruses, trojan horses, worms or
other computer programming routines that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or information;
(h) constitute use of any robot, spider, other automatic device, or manual
process to monitor or copy the Service or the portion of the Site through which
the Service is offered without our prior written permission; (i) constitute use
of any device, software or routine to bypass technology protecting the Site or
Service, or interfere or attempt to interfere, with the Site or the Service; or
(j) may cause us or our Service Providers to lose any of the services from our
internet service providers, payment processors, or other vendors. We encourage
you to provide notice to us by the methods described in Section 6 of the
General Terms above of any violations of the General Terms or the Agreement
generally.
15.
Payment Methods and Amounts. There are limits on the amount of money you
can send or receive through our Service. Your limits may be adjusted from
time-to-time in our sole discretion. For certain Services, you may have the
ability to log in to the Site to view your individual transaction limits. We or
our Service Provider also reserve the right to select the method in which to
remit funds on your behalf through the Service, and in the
event that your Eligible Transaction Account is closed or otherwise unavailable
to us, the method to return funds to you. These payment methods may include,
but may not be limited to, an electronic debit, a paper check drawn on the
account of our Service Provider, or draft check drawn against your account.
16.
Your Liability for Unauthorized Transfers. Immediately following
your discovery of an unauthorized Payment Instruction, you shall communicate
with customer care for the Service in the manner set forth in Section 6 of the
General Terms above. You acknowledge and agree that time is of the essence in such
situations. If you tell us within two (2) Business Days after you discover your
password or other means to access your account through which you access the
Service has been lost or stolen, your liability is no more than $50.00 should
someone access your account without your permission. If you do not tell us
within two (2) Business Days after you learn of such loss or theft, and we can
prove that we could have prevented the unauthorized use of your password or
other means to access your account if you had told us, you could be liable for
as much as $500.00. If your monthly financial institution statement contains
payments that you did not authorize, you must tell us at once. If you do not
tell us within sixty (60) days after the statement was sent to you, you may
lose any amount transferred without your authorization after the sixty (60)
days if we can prove that we could have stopped someone from taking the money
had you told us in time. If a good reason (such as a long trip or a hospital
stay) prevented you from telling us, we will extend the time periods specified
above to a reasonable period.
17.
Taxes.
It is your responsibility to determine what, if any, taxes apply to the
transactions you make or receive, and it is your responsibility to collect,
report and remit the correct tax to the appropriate tax authority. We are not
responsible for determining whether taxes apply to your transaction, or for
collecting, reporting or remitting any taxes arising from any transaction.
18.
Failed or Returned Payment Instructions. In using the Service, you are
requesting that we or our Service Provider attempt to make payments for you
from your Eligible Transaction Account. If the Payment Instruction cannot be
completed for any reason associated with your Eligible Transaction Account (for
example, there are insufficient funds in your Eligible Transaction Account, or
the Payment Instruction would exceed the credit or overdraft protection limit
of your Eligible Transaction Account, to cover the payment), the Payment
Instruction may or may not be completed. In certain circumstances, our Service
Provider may either advance funds drawn on their corporate account or via an
electronic debit, and in such circumstances will attempt to debit the Eligible
Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a
return notice from us or our Service Provider. In each such case, you agree
that:
a.
You
will reimburse us or our Service Provider immediately upon demand the amount of
the Payment Instruction if the payment has been delivered but there are
insufficient funds in, or insufficient overdraft credits associated with, your
Eligible Transaction Account to allow the debit processing to be completed;
b.
You
may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid
amounts plus costs of collection by our Service Provider or their third-party
contractor if the Payment Instruction cannot be debited because you have
insufficient funds in your Eligible Transaction Account, or the transaction
would exceed the credit or overdraft protection limit of your Eligible
Transaction Account, to cover the payment, or if the funds cannot otherwise be
collected from you. The aforesaid amounts will be charged in addition to any
NSF charges that may be assessed by us, as set forth in your fee schedule from
us (including as disclosed on the Site) or your account agreement with us. You
hereby authorize us and our Service Provider to deduct all of these amounts
from your designated Eligible Transaction Account, including by ACH debit;
c.
We
and our Service Provider are authorized to report the facts concerning the
return to any credit reporting agency.
19.
Address or Banking Changes. It is your sole responsibility
and you agree to ensure that the contact information in your user profile is
current and accurate. This includes, but is not limited to, name, physical
address, phone numbers and email addresses. Depending on the Service, changes
may be able to be made within the user interface of the Service or by
contacting customer care for the Service as set forth in Section 6 of the
General Terms above. We are not responsible for any payment processing errors
or fees incurred if you do not provide accurate Eligible Transaction Account,
Payment Instructions or contact information.
20. Information Authorization. Your enrollment in the applicable Service may not be
fulfilled if we cannot verify your identity or other necessary information.
Through your enrollment in or use of each Service, you agree that we reserve
the right to request a review of your credit rating at our own expense through
an authorized bureau. In addition, and in accordance with our Privacy Policy,
you agree that we reserve the right to obtain personal information about you,
including without limitation, financial information and transaction history
regarding your Eligible Transaction Account. You further understand and agree
that we reserve the right to use personal information about you for our and our
Service Providers’ everyday business purposes, such as to maintain your ability
to access the Service, to authenticate you when you log in, to send you
information about the Service, to perform fraud screening, to verify your
identity, to determine your transaction limits, to perform collections, to
comply with laws, regulations, court orders and lawful instructions from
government agencies, to protect the personal safety of subscribers or the
public, to defend claims, to resolve disputes, to troubleshoot problems, to
enforce this Agreement, to protect our rights and property, and to customize,
measure, and improve the Service and the content and layout of the Site.
Additionally, we and our Service Providers may use your information for risk
management purposes and may use, store and disclose your information acquired in
connection with this Agreement as permitted by law, including (without
limitation) any use to effect, administer or enforce a transaction or to
protect against or prevent actual or potential fraud, unauthorized
transactions, claims or other liability. We and our Service Providers shall
have the right to retain such data even after termination or expiration of this
Agreement for risk management, regulatory compliance, or audit reasons, and as
permitted by applicable law for everyday business purposes. In addition, we and
our Service Providers may use, store and disclose such information acquired in
connection with the Service in statistical form for pattern recognition,
modeling, enhancement and improvement, system analysis and to analyze the
performance of the Service. The following provisions in this Section apply
to certain Services:
a. Mobile Subscriber Information. You authorize your wireless
carrier to disclose information about your account, such as subscriber status,
payment method and device details, if available, to support identity
verification, fraud avoidance and other uses in
support of transactions for the duration of
your business relationship with us. This
information may also be shared with other companies to support your
transactions with us and for identity verification and fraud avoidance
purposes.
b. Device
Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service
providers, who will compare and add device data and fraud data from and
about you to a database of similar device and fraud information in order to provide fraud management and prevention
services, which include but are not limited to identifying and blocking
access to the applicable service or Web site by devices associated with
fraudulent or abusive activity. Such
information may be used by us and our third party
service providers to provide similar fraud management and prevention services
for services or Web sites not provided by us. We will not share with
service providers any information that personally identifies the user of the
applicable device.
21.
Service Termination, Cancellation, or Suspension. If you wish to cancel
the Service, you may contact us as set forth in Section 6 of the General Terms
above. Any payment(s) that have begun processing before the requested
cancellation date will be processed by us. You agree that we may terminate or
suspend your use of the Service at any time and for any reason or no reason.
Neither termination, cancellation nor suspension shall affect your liability or
obligations under this Agreement.
22.
Errors, Questions, and Complaints.
23.
Intellectual Property. All other marks and logos related to the Service are
either trademarks or registered trademarks of us or our licensors. In addition,
all page headers, custom graphics, button icons, and scripts are our service
marks, trademarks, and/or trade dress or those of our licensors. You may not
copy, imitate, or use any of the above without our prior written consent, which
we may withhold in our sole discretion, and you may not use them in a manner
that is disparaging to us or the Service or display them in any manner that
implies our sponsorship or endorsement. All right, title and interest in and to
the Service, the portion of the Site through which the Service is offered, the
technology related to the Site and Service, and any and all
technology and any content created or derived from any of the foregoing, is our
exclusive property or that of our licensors. Moreover, any suggestions, ideas,
notes, drawings, concepts, or other information you may send to us through or
regarding the Site or Service shall be considered an uncompensated contribution
of intellectual property to us and our licensors, shall also be deemed our and
our licensors’ exclusive intellectual property, and shall not be subject to any
obligation of confidentiality on our part. By submitting any such materials to
us, you automatically grant (or warrant that the owner of such materials has
expressly granted) to us and our licensors a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, publicly perform and display, create derivative works from
and distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed, and you warrant that all
so-called “moral rights” in those materials have been waived, and you warrant
that you have the right to make these warranties and transfers of rights.
24.
Links and Frames. Links to other sites may be provided on the portion of the
Site through which the Service is offered for your convenience. By providing
these links, we are not endorsing, sponsoring or recommending such sites or the
materials disseminated by or services provided by
them, and are not responsible for the materials, services or other situations
at or related to or from any other site, and make no representations concerning
the content of sites listed in any of the Service web pages. Consequently, we
cannot be held responsible for the accuracy, relevancy, copyright compliance,
legality or decency of material contained in sites listed in any search results
or otherwise linked to the Site. For example, if you “click” on a banner
advertisement or a search result, your “click” may take you off the Site. This
may include links from advertisers, sponsors, and content partners that may use
our logo(s) as part of a co-branding agreement. These other sites may send
their own cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive. In addition,
advertisers on the Site may send cookies to users that we do not control. You
may link to the home page of our Site. However, you may not link to other pages
of our Site without our express written permission. You also may not “frame”
material on our Site without our express written permission. We reserve the
right to disable links from any third party sites to
the Site.
25.
Password and Security. If you are issued or create any password or other
credentials to access the Service or the portion of the Site through which the
Service is offered, you agree not to give or make available your password or
credentials to any unauthorized individuals, and you agree to be responsible
for all actions taken by anyone to whom you have provided such credentials. If
you believe that your credentials have been lost or stolen or that someone may
attempt to use them to access the Site or Service without your consent, you
must inform us at once at the telephone number provided in Section 6 of the
General Terms above. See also Section 16 of the General Terms above regarding
how the timeliness of your notice impacts your liability for unauthorized
transfers.
26.
Remedies.
If we have reason to believe that you have engaged in any of the prohibited or
unauthorized activities described in this Agreement or have otherwise breached
your obligations under this Agreement, we may terminate, suspend or limit your
access to or use of the Site or the Service; notify law enforcement, regulatory
authorities, impacted third parties, and others as we deem appropriate; refuse
to provide our services to you in the future; and/or take legal action against
you. In addition, we, in our sole discretion, reserve the right to terminate
this Agreement, access to the Site and/or use of the Service for any reason or
no reason and at any time. The remedies contained in this Section 26 of the
General Terms are cumulative and are in addition to the other rights and
remedies available to us under this Agreement, by law or otherwise.
27.
Disputes.
In the event of a dispute regarding the Service, you and we agree to resolve
the dispute by looking to this Agreement.
28.
Arbitration. For any claim (excluding claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000.00 USD,
the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based
arbitration. If a party elects arbitration, that party
will initiate such arbitration through Judicial Arbitration and Mediation
Services (“JAMS”), the American Arbitration Association (“AAA”), or an
established alternative dispute resolution (ADR) administrator mutually agreed
upon by the parties. The parties agree that the following rules shall apply:
(a) the arbitration may be conducted telephonically, online and/or be solely
based on written submissions, at the election of the party initiating the
arbitration; (b) the arbitration shall not involve any personal appearance by
the parties, their representatives or witnesses unless otherwise mutually
agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall
be submitted for decision within ninety (90) days of initiation of arbitration,
unless otherwise agreed by the parties, and the arbitrator must render a
decision within thirty (30) days of submission; and (e) any award in such
arbitration shall be final and binding upon the parties and may be submitted to
any court of competent jurisdiction for confirmation. The parties acknowledge
that remedies available under federal, state and local laws remain available
through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE
ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM
OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
29.
Law and Forum for Disputes. Unless our account agreement with you states
otherwise, this Agreement shall be governed by and construed in accordance with
the laws of the State in which you reside, without regard to its conflicts of laws provisions. To
the extent that the terms of this Agreement conflict with applicable state or
federal law, such state or federal law shall replace such conflicting terms
only to the extent required by law. Unless expressly stated otherwise,
all other terms of this Agreement shall remain in full force and effect. Unless
our account agreement with you states otherwise, you agree that any claim or
dispute you may have against us (other than those which are arbitrated under
Section 28 of the General Terms above) must be resolved by a court located in
the county in which you reside. You agree to submit to the personal
jurisdiction of such courts for the purpose of litigating all claims or
disputes unless said claim is submitted to arbitration under Section 28 of the
General Terms of this Agreement. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement. TO THE
EXTENT ALLOWED BY APPLICABLE LAW, Both
parties agree to waive any right to have a jury participate in the resolution
of any dispute or claim between the parties or any of their respective
Affiliates arising under this Agreement.
30.
Indemnification.
You agree to defend, indemnify and hold harmless us and our Affiliates and
Service Providers and their Affiliates and the employees and contractors of
each of these, from any loss, damage, claim or demand (including attorney’s
fees) made or incurred by any third party due to or arising out of your breach
of this Agreement and/or your use of the Site or the applicable Service.
31.
Release.
You release us and our Affiliates and Service Providers and the employees and
contractors of each of these, from any and all claims,
demands and damages (actual and consequential) of every kind and nature arising
out of or in any way connected with any dispute that may arise between you or
one or more other users of the Site or the applicable Service. In addition, if
applicable to you, you waive California Civil Code §1542, which states that a
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
not known by him must have materially affected his settlement with the debtor.
32. No
Waiver.
We shall not be deemed to have waived any rights or remedies hereunder unless
such waiver is in writing and signed by one of our authorized representatives.
No delay or omission on our part in exercising any rights or remedies shall
operate as a waiver of such rights or remedies or any other rights or remedies.
A waiver on any one occasion shall not be construed as a bar or waiver of any
rights or remedies on future occasions.
33.
Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN
PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT
APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
34.
Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE
REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE
PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE
AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU
ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED,
INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE
TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO
ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE,
WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET
DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE
PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY
CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY
SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE
OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY
OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN
IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE
INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE
THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY
FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR
AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE
BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION
OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN
WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED
IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE
DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL
APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND
THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY
AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO
DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
35.
Complete Agreement, Severability, Captions, and Survival. You agree that this
Agreement is the complete and exclusive statement of the agreement between us,
sets forth the entire understanding between us and you with respect to the
Service and the portion of the Site through which the Service is offered and supersedes
any proposal or prior agreement, oral or written, and any other communications
between us. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. The captions of Sections in this Agreement are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and
26-35 of the General Terms, as well as any other terms which by their nature
should survive, will survive the termination of this Agreement. If there is a
conflict between the terms of this Agreement and something stated by an
employee or contractor of ours (including but not limited to its customer care
personnel), the terms of the Agreement will prevail.
36.
Definitions.
1
Description of Services.
a.
We
have partnered with the Zelle Network®
(“Zelle®”) to enable a convenient way to transfer money between you
and other Users using aliases, such as email addresses or mobile phone numbers
(“Zelle® Payment Service,” as further described below). Zelle®
provides no deposit account or other financial services. Zelle®
neither transfers nor moves money. You may not establish a financial account
with Zelle® of any kind. All money will be transmitted by a Network
Financial Institution. THE ZELLE® PAYMENT SERVICE IS INTENDED TO
SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE® PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO
SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
The term “Zelle® and Other Payment Terms” means these Zelle®
and Other Payment Services Additional Terms.
b.
In
addition to the Zelle® Payment Service, we provide other payment
services under these Terms of Service. First, these additional services allow
you to send money to people if you provide the Eligible Transaction Account
information and other contact information for the Receiver; such transactions
are not sent via Zelle®. Second, outside Zelle®, we allow
you to establish a one-time payment for a payment recipient for which
processing shall be initiated at a later specified date up to one (1) year. Third,
outside Zelle®, we enable you to establish a recurring series of
payments to a payment recipient for which processing shall be initiated on
dates you specify. These three payment services and any other payment services
that we provide under these Zelle® and Other Payment Terms are
referred to as “Other Payment Services” in these Zelle® and Other
Payment Terms. Although future-dated payments and recurring payments are
outside Zelle®, we may ultimately send those transactions via Zelle®
when the applicable date of payment arrives, in which case the applicable
payment transaction is part of the Zelle® Payment Service, not the
Other Payment Services. The term “Zelle® and Other Payment Services”
means the Zelle® Payment Service and the Other Payment Services.
c.
The
Zelle® and Other Payment Services enable you: (1) to initiate a
Payment Instruction from an Eligible Transaction Account to an account at a
U.S. financial institution; and/or (2) to receive a payment from another person
into an Eligible Transaction Account, in U.S. dollars. All payments must be
made through the Site and are subject to the terms of this Agreement and
applicable laws and regulations, in each case as in effect from time to time.
Receipt of payments may be made through the Site and is subject to the terms of
this Agreement and applicable laws and regulations, in each case as in effect
from time to time. In some instances, receipt of payments may be made through
other locations besides our Site, such as the Zelle® mobile handset
application (“Zelle® Standalone Locations”) and if you choose to
initiate or receive a payment at a Zelle® Standalone Location you
acknowledge and agree that you shall be subject to the terms of other
agreements, including, but not limited to, the “terms of use” for the Zelle®
Standalone Locations and applicable laws and regulations, in each case as in
effect from time to time. Subject to the terms of this Agreement, the Zelle®
and Other Payment Services
are generally available 24 hours, seven days a week with the
exception of outages for maintenance and circumstances beyond our or Zelle®’s control. Live customer service
generally will be available Monday through Friday, excluding US financial
institution holidays.
d.
The
Zelle® Payment Service allows for the delivery of payments to
Receivers who are also enrolled in the Zelle® Payment Service
through a Payment Network designed to deliver payments on the same day and
potentially within minutes, although actual speed will vary, as described
below. The Zelle® and Other Payment Services are not instantaneous. Payment
delivery speed may vary based upon the fraud, risk and other funds availability
policy of each financial institution and Payment Network availability. We are
not responsible for the performance, speed, or other acts or omissions of the
Payment Networks that may be involved in the transmission of a payment. We
shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules
in such recovery efforts or otherwise in connection with Zelle® and
Other Payments unless the applicable transaction is transmitted through the ACH
network. We are only responsible for delivery of the applicable Payment
Instructions to the applicable Payment Network in the format required by the
applicable Payment Network’s specifications.
2
Payment Authorization and Payment Remittance.
e.
When
we receive a Payment Instruction from you, you authorize us to debit your
Eligible Transaction Account for the amount of any
such Payment Instruction plus any related fees in effect (and as disclosed on
the Site) at the time you initiate the Payment Instruction, and to remit funds
on your behalf. You acknowledge and agree that any applicable fees will be
charged when we receive a Payment Instruction from you, regardless of whether
the Payment Instruction is ultimately completed. You also authorize us to
credit your Eligible Transaction Account for the receipt of payments, including,
but not limited to, those payments returned to us from Receivers to whom you
sent payment(s) and those payments that were cancelled and returned to you
because the processing of the Payment Instruction could not be completed.
f.
You
agree that we will not be liable in any way for any payments that you may
receive, regardless of whether you authorized the Sender to send them to you.
g.
We
will use reasonable efforts to complete all your Payment Instructions properly.
However, we shall incur no liability if we are unable to complete any
transaction because of the existence of any one or more of the following
circumstances:
1.
If,
through no fault of ours, the Eligible Transaction Account does not contain
sufficient funds to complete the Payment Instruction
or the Payment Instruction would exceed the credit limit of your overdraft
account;
2.
The
Zelle® and Other Payment Services are not working properly
and you know or have been advised by us about the malfunction before you
execute the Payment Instruction;
3.
The
payment is refused as described in Section 6 of the Zelle® and Other
Payment Terms below;
4.
You
have not provided us with the correct information, including, but not limited
to, the correct Payment Instructions or Eligible Transaction Account
information, or the correct name and address or mobile phone number of the
Receiver to whom you are initiating a Payment Instruction; and/or,
5.
Circumstances
beyond our control (such as, but not limited to, fire, flood, network or system
down time, issues with the financial institution, or interference from an
outside force) prevent the proper execution of the Payment Instruction.
h.
It
is the responsibility of the Sender and the Receiver to ensure the accuracy of
any information that they enter into the Zelle® and Other Payment
Services (including, but not limited to, the Payment Instructions and name,
telephone number and/or email address for the Receiver to whom you are
attempting to send a payment), and for informing us as soon as possible if they
become aware that this information is inaccurate. We will make a reasonable
effort to stop or recover a payment made to the wrong person or entity once
informed, but we do not guarantee such stoppage or recovery and will bear no
responsibility or liability for damages resulting from incorrect information
entered by the Sender or Receiver.
3
Sending Payments.
4
Receiving Payments.
5 Requesting Payments. You may request money
from another User through a Zelle® Payment Request. You understand
and acknowledge that Users to whom you send payment requests may reject or
ignore your request. Neither we nor Zelle® guarantee that you will
receive money from other Users by sending a Zelle® Payment Request,
or that you will receive the amount that you request. Neither we nor Zelle®
accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you
request. If a User ignores your request, we may decide or Zelle® may
decide, in our sole discretion, that we will not send a reminder or repeat
request to that User.
In addition to
the other restrictions in this Agreement, by accepting this Agreement, you agree that you
are not engaging in the business of debt collection by attempting to use the Zelle®
Payment Service
to request money for the payment or collection of an overdue or delinquent
debt; to request money that is owed to another person; or to collect any
amounts that are owed pursuant to a court order. You agree to indemnify, defend
and hold harmless Zelle®, its owners, directors, officers, agents
and Network Financial Institutions from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorney's fees,
resulting from or arising out of any Zelle® Payment Request that you
send that is related to overdue or delinquent amounts. You agree to receive
Zelle® Payment Requests from other Users, and to only send Zelle®
Payment Requests for legitimate and lawful purposes. Zelle® Payment
Requests are solely between the Requestor and recipient and are not reviewed or
verified by us or by Zelle®. Neither we nor Zelle® assume
responsibility for the accuracy or legality of such requests and do not act as
a debt collector on your behalf or on behalf of the Requestor. We reserve the
right, but assume no obligation, to terminate your ability to send Zelle®
Payment Requests in general, or to specific recipients, if we deem such Zelle®
Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by
the recipient.
If applicable,
if you as a Requestor initiate a Zelle® Payment Request using the
Zelle® Payment Service, you acknowledge and agree that as disclosed
on the Site (a) the applicable service fee will be deducted from payments
received by you from a Sender(s), and (b) no service fee will be charged if you
as the Requestor do not receive any payments from the individuals to whom the
Zelle® Payment Request is sent. Further details about the foregoing
can be found on the Site. You acknowledge and agree that individuals to whom
you send a Zelle® Payment Request may not receive, or otherwise may
reject or ignore, your Zelle® Payment Request. We do not guarantee
that you will receive any payments from individuals by initiating a Zelle®
Payment Request.
Zelle® Small Business Service Users may not send Zelle® Payment Requests to Users enrolled with Zelle® through Zelle® Standalone Locations.
6
Payment Cancellation, Stop Payment Requests and Refused Payments. This Section only
applies to the Other Payment Services and those Zelle® Payment
Services transactions that can be cancelled in the limited circumstances set
forth in Section 3(a) (Sending Payments) above. Sender may cancel the
initiation of a Payment Instruction or stop a Payment Instruction at any time
until the processing of the Payment Instruction into the Receiver’s Eligible
Transaction Account has begun. Our ability to stop a Payment Instruction or
recover funds associated with an unauthorized Payment Instruction will depend
on the manner in which the Payment Instruction was
initiated, and whether the Payment Instruction to the Receiver’s Eligible
Transaction Account has begun processing. Although we will make a reasonable
effort to accommodate a stop payment request and to recover funds associated
with an unauthorized Payment Instruction, we will have no liability for failing
to do so. We may also require you to present your stop payment request or
request to recover funds in writing within fourteen (14) days after contacting
customer care. If we charge you to stop the payment or recover funds, then the
charge for each stop payment or fund recovery request will be the current
charge as set out in our current fee schedule. Payments not claimed by a
Receiver who has not enrolled in Zelle® will be automatically
cancelled fourteen (14) days after the processing of the payment begins. We
will, to the extent permitted by law, make reasonable attempts to return any
unclaimed, refused, refunded, prohibited, or denied payment to your Eligible
Transaction Account or use other reasonable efforts to return such payment to
you as permitted by law.
7
Consent to Emails and Automated Text Messages. Section 8 (Text
Messages, Calls and/or Emails to You) of the General Terms does not apply to
Zelle® Payment Services. By participating as a User, you represent
that you are the owner of the email address, mobile phone number, Zelle®
tag and/or other alias you enrolled, or that you have the delegated legal
authority to act on behalf of the owner of such email address, mobile phone
number, Zelle® tag and/or other alias to send or receive money as
described in these Zelle® and Other Payment Terms. You consent to
the receipt of emails or text messages from us, from Zelle®, from
other Users that are sending you money or requesting money from you, and from
other Network Financial Institutions or their agents regarding the Zelle®
and Other Payment Services
or related transfers between Network Financial Institutions and you. You agree
that we may, Zelle® may or either of our agents may use automatic
telephone dialing systems in connection with text messages sent to any mobile
phone number you enroll. You further acknowledge and agree:
8
Service Fees and Additional Charges. You are responsible for paying all fees
associated with your use of the Zelle® and Other Payment Services.
Applicable fees will be disclosed in the user interface for, or elsewhere
within, the Zelle® and Other Payment Services or Site. Additional
fees may apply for small business Users enrolled in the Zelle® Small
Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES
WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED,
UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT,
except for those fees that are specifically use-based, such as Zelle®
Payment Requests, if applicable. There may be a charge for additional
transactions and other optional services. You agree to pay such charges and
authorize us to deduct the calculated amount from your designated Eligible
Transaction Account for these amounts and any additional charges that may be
incurred by you. Any financial fees associated with your standard deposit
accounts (or Other Eligible Transaction Accounts) will continue to apply. You
are responsible for any and all telephone access fees
and Internet service fees that may be assessed by your telephone and Internet
service provider. Section 18 of the General Terms (Failed Or
Returned Payment Instructions) applies if you do not pay our fees and charges
for the Zelle® and Other Payment Services, including without
limitation if we debit the Eligible Transaction Account for such fees, as
described in this Section, and there are insufficient fees in the Eligible
Transaction Account.
9
Refused Payments. We reserve the right to refuse to pay any Receiver. We
will attempt to notify the Sender promptly if we decide to refuse to pay a
Receiver designated by the Sender. This notification is not required if you
attempt to make a prohibited payment under this Agreement.
10
Returned Payments. In using the Zelle® and Other Payment Services,
you understand that Receivers may reject Payment Instructions or otherwise
return payments only if the Receiver is not enrolled in Zelle®. We
will use reasonable efforts to complete Payment Instructions initiated through
the Zelle® Payment Service.
11
Consent to Share Personal Information (Including Account Information). In
addition to Section 20 (Information Authorization) of the General Terms, by
accepting this Agreement, you consent to our disclosure of your personal
information (including bank account information) as necessary to complete
payment transactions in accordance with our customary processes and procedures,
which may include, without limitation, the following:
a.
As
necessary to resolve a problem related to a transfer or payment between you and
another User;
b.
To
verify the existence of your bank account, or debit card, as applicable;
c.
To
comply with government agency or court orders;
d.
To
our affiliates, as permitted by law;
e.
To
verify your identity for purposes of compliance with applicable laws, including
without limitation the USA PATRIOT Act;
f.
To
comply with inquiries in connection with fraud prevention or any investigation;
g.
For
our general business purposes, including without limitation data analysis and
audits; or
h. As otherwise permitted
by the terms of our Privacy Policy.
12
Wireless Operator Data. In addition to Section 20 (Information
Authorization) of the General Terms, you acknowledge that we or Zelle®
may use information on file with your wireless operator to further verify your
identity and to protect against or prevent actual or potential fraud or
unauthorized use of the Service. By using the Zelle® Payment
Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US
Cellular, Verizon, or any other branded wireless operator) to disclose your
mobile number, name, address, email, network status, customer type, customer
role, billing type, mobile device identifiers (IMSI and IMEI) and other
subscriber status and device details, if available, to us or our Service Providers
solely to allow verification of your identity and to
compare information you have provided to us or to Zelle® with your
wireless operator account profile information for the duration of our
business relationship. See Zelle®’s
Privacy Policy at https://www.zellepay.com/privacy-policy
for how it treats your data. Please review our Privacy Policy in order
to better understand our commitment to maintaining your privacy, as well
as our use and disclosure of your information.
13 Liability. Subject to our obligations under applicable
laws and regulations, neither we nor Zelle®
shall have liability to you for any transfers of money, including without
limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the
correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be
liable for any typos or keystroke errors that you may make when using the Zelle®
Payment Service. THE SERVICE IS INTENDED FOR SENDING MONEY TO
FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE Zelle® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE
NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTION
PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXample, if you
do not receive the goods or services that you paid for, or the goods or
services that you received are damaged or are otherwise not what you expected).
14
Disclaimer of Warranties. Section
33 (Exclusions of Warranties) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE
PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH
RESPECT TO THE ZELLE® PAYMENT SERVICE. ZELLE® EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE®
PAYMENT SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT
THE ZELLE® PAYMENT SERVICE WILL BE UNINTERRUPTED,
TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED. THE ZELLE® PAYMENT SERVICES ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
15
Limitation of Liability. Section
34 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE
PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE®,
ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING
OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE®
PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO
THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE®
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF
THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE ZELLE® PAYMENT SERVICES.
IN THOSE
STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS
OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS
LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED
DOLLARS ($100.00).
16
Indemnification. Section
30 (Indemnification) of the General Terms does not apply to Zelle® Payment Services. You acknowledge and
agree that you are personally responsible for your conduct while using the Zelle®
Payment Service
and except as otherwise provided in this Agreement, you agree to indemnify,
defend and hold harmless Zelle®, its owners, directors, officers,
agents and Network Financial Institutions from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorney’s fees,
resulting from or arising out of your use, misuse, errors or inability to use
the Zelle® Payment Service, or any violation by
you of the terms of this Agreement.
17 Use of Our Online Banking Site and/or Mobile App. You agree to access the
Site in compliance with our terms and conditions that we make available
elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.
18 Your
Liability for Unauthorized Transfers. Section 16 (Your
Liability for Unauthorized Transfers) of the General Terms shall not apply to
the Zelle® Payment Service. Immediately following your discovery of an unauthorized
Zelle® Payment Service Payment Instruction, you shall communicate with customer
care in the manner set forth in Section 6 of the General Terms above. You
acknowledge and agree that time is of the essence in such situations. The best
way to minimize your loss is to call us immediately. You will have no liability
for unauthorized transactions if you notify us within sixty (60) days after
your monthly financial institution statement which shows the unauthorized
transaction has been sent to you. If you do not tell us within sixty (60) days
after the statement was sent to you, you may lose any amount transferred
without your authorization after the sixty (60) days if we can prove that we
could have stopped someone from taking the money had you told us in time. If a
good reason (such as a long trip or a hospital stay) prevented you from telling
us, we will extend the time periods specified above to a reasonable period.
When you give someone your password or other means to access your account
through which you access the Zelle® and Other Payment
Services, you are authorizing that person to use your service, and you are
responsible for all transactions that person performs while using your service.
All transactions that person performs, even those transactions you did not
intend or want performed, are authorized transactions. Additionally,
transactions that you or someone acting with you initiates with fraudulent
intent are also authorized transactions.
Note: These liability rules only apply to Eligible Transaction Accounts
used for personal, family and household purposes.
19 Content
Standards; Zelle® Tags.
20 Arbitration.
You acknowledge and agree that for any claims or disputes
you assert against Zelle® and Early Warning
Services, LLC, Zelle® and Early Warning
Services, LLC are entitled to enforce Section 28
(Arbitration) of the General Terms against you.
21 Definitions.
“Network
Financial Institutions” means financial institutions that have partnered with Zelle®.
“Receiver” is
a person or business entity that is sent a Payment Instruction through the
Zelle® and Other Payment Services.
“Requestor” is
a person that requests an individual to initiate a Payment Instruction through
the Zelle® Payment Service.
“Sender” is a
person or business entity that sends a Payment Instruction through the Zelle®
and Other Payment Services.
“User” means you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle®.
“Zelle® Payment Request” means functionality that allows a Requestor to request
that another individual initiate a Payment Instruction to the Requestor through
the Zelle® Payment Service.
“Zelle® Small Business Service” means functionality, to the extent made
available by us, that enables a small business User to (i) send Zelle® Payment Requests through the Zelle® Payment
Service, and (ii) send and receive Payment Instructions through the Zelle® and Other Payment Services. Users that access the Zelle® and Other Payment Services through a business account shall be
classified as Zelle® Small Business Service Users. The Zelle® Small Business Service is included in the definition of “Zelle® Payment Service”.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are
used herein under license.