INTERNET BANKING AGREEMENT & DISCLOSURE
Introduction
This Internet Banking Agreement (IBA) governs your use of the Internet Banking
Service that permits our members to access a number of financial services
through the use of the Internet. Also included in this document are the
regulatory disclosures applicable to these services. Throughout this web
site the IBA and Disclosure will be referred to as
"Agreement". By using our Internet Banking service called
Online Banking, you agree to all of the terms of the Agreement. You
must read this Agreement before enrolling in our Internet Banking Service and
initiating any electronic funds transfers via the Internet. By using Internet
Banking, you agree to all of the terms of this Agreement. Please read it
carefully before following the link at the bottom of this page or accessing any
of the Services. We recommend that you print a copy of this document for
your records; however, if you cannot, contact us at the number provided below and
we will mail you a copy.
Accounts
and services provided by this financial institution may also be governed by
separate agreements with you. This Agreement supplements any other
agreements or disclosures related to your account (s), including the Terms and
Conditions of Your Account Agreement provided to you separately.
Definitions
You or Your - The person(s) subscribing to or using Internet Banking.
We,
Us, or Our - Refers to Merck Sharp & Dohme Federal Credit Union (MSDFCU) and
any agent, independent contractor, designee, or assignee MSDFCU Credit Union
may involve in the provision of Internet Banking.
Business
Day - Any calendar day other than Saturday, Sunday, or any holidays recognized
by MSDFCU. Bill payments are processed on all business days that both the
Federal Reserve Bank and the US Postal System are operating and open for
business.
Business
Day Cutoff -MSDFCU head office is located in Chalfont, PA and we base our business
day on the Eastern Time zone for posting purposes, we will process all Bill Pay
transactions completed by 12:00 p.m. on the prior business date. Bill Pay
Transactions completed after 12:00 p.m., will be processed on the following
business day.
Electronic
funds transfers – include deposits to, withdrawals from, or transfers between
your accounts, which are not originated by check, draft, or similar paper
instrument. Electronic transfers include those made through a computer.
If we authorize your account(s) for electronic transfers through the Internet
Banking Service, you have certain rights and responsibilities under the
Electronic Funds Transfer Act (EFT) which are further detailed in this
agreement.
Privacy
Statement – This financial institution understands how important privacy is to
our members. We have taken steps to protect the security and privacy of your
personal information and as well as your financial transactions with
us. You should read our privacy statement before completing
enrollment for Internet Banking.
About Internet Banking
Online Banking, Our Internet Banking Service consists of an online banking web
site that provides a complete array of financial services to our members.
Our Service allows you to access your account information 24 hours a day, 7
days a week.
The
services currently available to our members via the Internet consist of:
Account
Inquiries, balances, rates, etc.
Copies of Cleared Checks
Up to 12 Months of Historical Transactions
Detailed View of Transactions
Secure E-mails & Secure file transfers
Payments to our loan accounts
Transaction Downloads into Quicken®
Transfers between your accounts at this financial institution
Transfers to other MSDFCU members without compromising account security
For
customers who select Bill Payment, these additional functions are available:
One-time
Payments
Fixed Recurring Payments
Internet Security Information
Our Internet Banking Service, MSDFCU, is provided by Open Solutions Inc.
The Open Solutions Internet Banking System utilizes a comprehensive security
strategy to protect your accounts and transactions conducted over the Internet.
In addition to log-on security, Open Solutions uses the SSL (secure socket
layer) encryption technology for everything you do in the Internet Banking
system. This technology is automatically activated by your browser when it
attempts to connect to our system and it will support only a 128 bit key
length. Whenever SSL is securing your communications, the browser will
typically indicate the "secure session" by changing the appearance of
a small icon of a padlock at the bottom of the screen from open to locked.
What this means to you is that your communications are scrambled from your
browser to our servers at all times so no unauthorized party can read the
information as it is carried over the Internet. In addition, our servers have
been certified by a "Certificate Authority" that will assure you that
you are actually talking to our servers instead of someone pretending to be us.
(If you are using an older browser, such as anything prior to versions 4.0
on Netscape or Internet Explorer, the "Certificate Authorities" key
may be expired and you may need to update it on your browser.
During
your use of the Internet Banking Service, Open Solutions will pass a
"cookie" to your browser for identifying you during the
session. This cookie only identifies your computer. Open Solutions
does not (and cannot) use cookies to collect or obtain new personal information
about you. This cookie allows Open Solutions to process multiple
transactions during your session without requiring you to reenter your password
for each individual transaction. The cookies for online banking simply
provide another level of security for our Internet banking product. The Open
Solutions online banking system uses encrypted cookies that do not pass to your
hard drive. Instead, the cookie is stored in the memory of your browser,
identifying your computer while you are logged on. Only Open Solutions
can read the information in these cookies. When you log off, close your
browser, or turn off your machine, the cookie is destroyed. A new cookie
is used for each session. That way, no one can use the prior cookie to
access your account.
One
of the main security features guarding the use of the Internet Banking system
is the unique combination of your Sign-on ID and Password. It is important that
you keep your Password secret. We will not be liable for any losses resulting
from you permitting other persons to use your Sign-on ID and Password to access
the system.
In
addition to the security measures described above, there may be other security
notices posted on the website regarding security issues. It is your
responsibility to read all applicable notices. If you have more
questions about our security systems for conducting financial transactions
safely over the Internet, contact our Call Center at
215-996-3700.
Registration Process
The Internet Banking service requires that you complete the initial enrollment
process. This involves completing a secure online application that will identify
your MSDFCU account.
Log-On Security
Security is very important to the Internet Banking Service. At the time you
request the service, you will select a unique "Sign-On ID" and then
choose a "password" that will be used to gain access to the system.
To
help prevent unauthorized access and ensure the security of your accounts, we
will end your online session if we have detected no activity for 10 minutes.
This is to protect you in case you accidentally leave your computer unattended
after you logged on. When you return to your computer, you will be prompted to
re-enter your password and your session will continue where you left off.
Because
your password is used to access your accounts, you should treat it as you would
any other sensitive personal data. You should carefully select a password that
is hard to guess. Keep your password safe. Memorize your password and never
tell it to anyone. You will be required to change your password every 90 days.
This can be done at any time after you logged on from the "OPTIONS"
menu.
Accounts
You may request Internet access to any account that you are a signer or owner.
If you desire services that allow you to initiate payments or transfers from
the account, you will need the required withdrawal authority over the account
to be able to complete the transaction. By using the Internet Banking Service,
you agree to maintain one or more accounts with us and to keep sufficient
balances in any account to cover any transaction and fees that are ultimately
approved by or related to the system. If the accounts added to the service are
jointly held or have multiple signers, you agree that access to the information
and all transactions initiated by the use of your Sign-On ID and Password are
authorized unless we have been notified to cancel the service.
Fees for the Internet Banking Service
Internet Banking is available to our members at no monthly charge for all the
account information services, transfers and Bill Pay. Bill Pay is an
optional service available only for Share Draft (Checking) accounts. You must
specifically request to have this service added.
Cancellation of Internet Banking
Your Internet Banking Service may be canceled at any time by this financial
institution in whole or part without prior notice due to insufficient funds in
one of your accounts or other circumstances that may create an unanticipated
liability to us. You will remain responsible for all transactions approved by
the system prior to the cancellation, and for any other fees associated with
the service. After cancellation, service may be reinstated once sufficient
funds are available in your accounts to cover any fees and other pending
transfers or debits. In order to reinstate services, you must call the Call
Center at 215-996-3700.
Balance Inquiries, Bill Payments, and Transfer Limitations
You may use the Internet Banking Service to check the balance of
your account (s) and to transfer funds among your accounts at this financial
institution. According to current federal regulations, you may not make
more than six (6) pre-authorized or automatic transfers or bill payments from
your Savings or Checking Account during a given monthly statement period.
Transfers authorized by telephone or personal computer are counted toward the
six total permitted monthly transfers or withdrawals.
Balances
shown in your accounts may include deposits subject to verification by us. The
balance may also differ from your records due to deposits in progress,
outstanding checks or other withdrawals, payments or charges. A transfer
request may not result in immediate availability because of the time required
to process the request. The transfer request must be made before the
cut-off time to be available for bill pay on the same business day. If
you have further questions, contact us at 215-996-3700.
The
balances are updated periodically and the system will display the most current
"as of" date on the "accounts" summary page. There may be
situations that cause a delay in an update of your balances. The system will
use the most current balance available at the time of a transaction to base our
approval for bill pays and account transfers.
Special
Information about the Stop Payment, Check Reorders, Address Change,
Secure E-Mail & Secure File Delivery Services
The system includes several options that provide a means to securely forward
your request to us for processing. There may be additional fees associated with
some of these services. Please refer to our fee schedule for additional
information or contact us.
Generally,
requests received from the Internet Banking system and/or emails will be
processed within one business day using the same procedures that we use to
handle similar requests received by mail or fax. If urgent action is
required such as for a stop payment, we recommend that you contact us directly
by telephone or in person. Additional terms of acceptance or disclosures
may apply on the Stop Payment service and these terms will be disclosed at the
time you complete the request. The Stop Payment feature is designed to submit a
request to stop payment on checks you have written from your account. The
stop payment service is not available to cancel transfers, Debit Card
authorizations or ACH transactions. There will be a fee of $20.00 per
check. If you have a problem or need to cancel a
transfer or bill payment, follow the procedures below:
Canceling or Changing Payments
To stop recurring or pending bill payments you must log in and make edits to
pending payments and transfers. You must make edits before our cut-off
time of 12:00 p.m. the evening prior to the date the payment is
scheduled. Up to that time, you may go into any pending payment and
revise the amount, the date or cancel the payment information. If you
need to issue a stop payment on bill payment issued by paper check, contact us
as soon as possible, or use the "Mailbox” to notify the internet banking
department of your request. There will be a fee of $20.00 per check
fee on all Bill Payment Stop Payment requests. We are unable to issue a
Stop Payment on an electronic Bill Payment. If you contact us in
writing or through the Mailbox Link and direct us to stop a bill payment 3
business days or more before the transaction is scheduled to be deducted from
your account, and we do not do so, we will be liable for your losses.
We may provide you directions so that you can make the appropriate payment
edits. If you contact us verbally, we may request that you put your
request in writing.
Online Banking and eStatements
By enrolling in Our Online Banking service, you agree to receive your periodic
statements, notices, and disclosures in electronic form. You consent and agree
to the following:
You will provide us with an email address that will be used to send you all
electronic statement related notifications. You will let us know immediately if
this e-mail address changes (see contact information below). You understand
that you have no expectation of privacy if the notification is transmitted to
an email address owned by your employer. You further agree to release Us from
any liability if the information is intercepted by an unauthorized party at
your employer or other e-mail address selected by you.
Upon receipt of your consent or by not changing your e-statement selection to
"Mail" and using the e-mail address you provide, we will send you
notification of the availability of your periodic account statement each
statement period (statement cycle), and you will be required to access Our
Online Banking web site in order to view your statements.
You will be required to enter your Online Banking logon and password to view
the electronic statement(s) and images. It is your sole responsibility to
protect your logon and password from unauthorized persons. Your consent to
receive electronic statements shall remain in effect until revoked by you. If you
elect to revoke your consent to receive electronic statements you may do so
from the "Preferences" page in Online Banking, or you may notify us
via email at info@msdfcu.org
or by telephone at (215) 996-3700. If the revocation of your consent is
received less than ten (10) days before the end of your normal statement cycle,
it may not take effect until the following statement cycle. You may request a
paper statement at any time (see Contact Information) for a fee, as noted on
our fee schedule.
All
payments and/or transfers made via the Services will be listed on Your monthly
account statement (eStatement) that you receive from Us.
New Services:
We may, from time to time, introduce new services or enhance the existing
Services. We shall notify You of the existence of these new or enhanced
services. By using these services when they become available, You agree to be
bound by the obligations concerning these services, which will be sent to You.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of Pennsylvania.
Assignment
This agreement may not be assigned to any other party by you. We may assign or
delegate, this agreement in part or whole, to any third party.
Ownership of Material
Our Internet Banking Service is a product of Open Solutions, Inc.
Amendments
Terms and conditions of this Agreement may be amended in whole or part at any
time within 30 days written notification prior to the change taking effect. We
may notify you of such changes by US mail, or if you agree, we may send you an
email notice, which details the changes. Email notifications may also
direct you to a section of our website which will include the changes.
Amendments or changes to term(s) or condition(s) may be made without prior
notice if it does NOT result in higher fees, more restrictive service use,
disclosure of additional account information to third parties, or increased
liability to you. Also, if a change in term(s) or condition(s) is
necessary to maintain or restore the security of our system or your account(s),
no advance notice is required and we will then notify you within 30 days
following such action. If you do not agree with the change(s), you must
notify us in writing or via email prior to the effective date to cancel your
access to the Service. Your continued use of the affected change in
Service is your agreement to the amendment (s).
Entire Agreement
This Agreement supplements any other agreements or disclosures related to your
account(s), including the Deposit Account Agreement and Disclosures provided to
you separately.
REMOTE DEPOSIT CAPTURE
USER AGREEMENT
This Remote Capture User
Agreement contains the terms and conditions for the use of Merck Sharp & Dohme Federal Credit
Union’s (“MSDFCU”, “us”, or “we”) Remote Deposit Capture services that we may
provide to you (“you,” or “user”). Other agreements you have entered into with
MSDFCU, including the Depository Agreement and Disclosures governing your
MSDFCU account, are incorporated by reference and made a part of this
Agreement. In the event of a discrepancy between this agreement and the other
agreements, the terms of this Agreement shall control.
1. Services. The
remote deposit capture services (“Services”) are designed to allow you to make
deposits to your checking, savings, or money market savings accounts by
capturing check images and delivering the images by mobile device and
associated deposit information to MSDFCU or MSDFCU’s designated processor.
There is currently no charge for the Services.
2. Member Eligibility. You
understand that you must be a MSDFCU member in good standing to qualify (good
standing to be determined by MSDFCU in its sole discretion), and you must be
registered user of Online Banking.
3. Acceptance of these
Terms. Your use of the Services constitutes your acceptance of this
Agreement. This Agreement is subject to change from time to time. We will
notify you of any material change via e-mail or on our website(s) by providing
a link to the revised Agreement. Your continued use of the Services will
indicate your acceptance of the revised Agreement. Further, MSDFCU reserves the
right, in its sole discretion, to change, modify, add, or remove portions from
the Services. Your continued use of the Services will indicate your acceptance
of any such changes to the Services.
4. Limitations and
Termination of Service. When using the Services, you may experience
technical or other difficulties. We cannot assume responsibility for any
technical or other difficulties or any resulting damages that you may incur.
Some of the Services have qualification requirements, and we reserve the right
to change the qualifications at any time without prior notice. We reserve the
right to change, suspend or discontinue the Services, in whole or in part, or
your use of the Services, in whole or in part, immediately and at any time
without prior notice to you.
5. Eligible items. You
agree to scan and deposit only checks as that term is defined in Federal
Reserve Regulation CC (“Reg CC”). You agree that the image of the check
transmitted to MSDFCU shall be deemed an “item” within the meaning of Article 4
of the Uniform Commercial Code as adopted in Pennsylvania. You agree that you
will not use the Services to scan and deposit any checks or other items as
shown below:
a. Checks or items payable to any person or entity other than
you.
b. Checks or items drawn or otherwise issued by you or any other
person on any of your accounts or any account on which you are an authorized
signer or joint account holder.
c. Checks or items containing obvious alteration to any of the
fields on the front of the check or item, or which you know or suspect, or
should know or suspect, are fraudulent or otherwise not authorized by the owner
of the account on which the check or item is drawn.
d. Checks or items previously converted to a substitute check,
as defined in Reg CC.
e. Checks or items drawn on a financial institution located
outside the United States.
f. Checks or items that are remotely created checks, as defined
in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items that are “stale dated,” “expired”. Or “post
dated.”
i. Checks or items that
are “non-negotiable” (whether stamped in print or as a watermark).
j. Money Orders or Savings Bonds
6. Rejection of Deposit. We are not liable for any fees, service, or
late charges levied against you due to our rejection of any item. In all cases,
you are responsible for any loss or overdraft plus any applicable fees to your
account due to an item being returned.
7. Items Returned Unpaid. A written notice will be sent to you of
transactions we are unable to process because of returned items. With respect
to any item(s) that you transmit to us for remote deposit that we credit to
your account, in the event such item(s) is dishonored, you authorize us to
debit the amount of such item(s) from your account, including any applicable
fees as stated in our current Service
Charge and Fee Disclosure.
8. Image Quality. The image
of an item transmitted to MSDFCU using the Services must be legible. The image
quality of the items must comply with the requirements established from time to
time by the American National Standards Institute (ANSI), the Board of
Governors of the Federal Reserve Board, including the requirements under
federal Regulation CC, or any other regulatory agency, clearing house or
association.
9. Endorsements and
Procedures. You agree to restrictively endorse any item transmitted through
the Services as “For deposit only, MSDFCU account #______” or as otherwise
instructed by MSDFCU. You agree to follow any and all other procedures and
instructions for use of the Services as MSDFCU may establish from time to time.
10. Receipt of Items. We
reserve the right to reject any item transmitted through the Services, at our
discretion, without liability to you. We are not responsible for items we do
not receive or for images that are dropped during transmission. An image of an
item shall be deemed received when you receive a confirmation from MSDFCU that
we have received the image. Receipt of such confirmation does not mean that the
transmission was error free or complete. Notwithstanding anything to the
contrary, we reserve the right, within our sole and absolute discretion, to
accept or reject any item for remote deposit into your account and, in the
event we reject an item for remote deposit, you understand and agree that you
must deposit the original item. You
understand and agree that even if we do not initially reject an item you
deposit through the Services, we may later do so because, among other reasons,
the paying bank deems the electronic image illegible. Our failure to reject such an item shall not
limit your liability to us. You
understand that any amount credited to your account for items deposited using
the Services is a provisional credit and you agree to indemnify us against any
loss we suffer because of our acceptance of the remotely deposited check.
11. Availability of Funds.
You agree that items transmitted using the Services are not
subject to the funds availability requirements of Federal Reserve Board
Regulation CC. Funds deposited using the Services will be available after
MSDFCU receives payment for the funds submitted. MSDFCU may make such funds
available sooner based on such factors as credit worthiness, the length and
extent of your relationship with us, transaction and experience information,
and such other factors as MSDFCU, in its sole discretion, deems relevant.
12. Disposal of Transmitted
Items. Upon your receipt of a confirmation from us that we have
received an image that you have transmitted, you agree to prominently mark the
item as “Electronically Presented”, “VOID”, or otherwise render it incapable of
further transmission, deposit, or presentment. You agree never to re-present
the item. You agree to retain the original check for at least sixty (60)
calendar days from the date of the image transmission. You must securely store
each original check, particularly if you are using the Service to deposit items
into an account. After 60 days, you agree to destroy the original check that
you transmitted.. You understand and agree that you are responsible for any
loss caused by your failure to secure an original check. You agree never to represent a previously
deposited check. During the retention
period, you will promptly provide any retained check to us, upon request. A retained check may be requested in order to
aid in the clearing and collection process, to resolve claims by third parties
with respect to any check, or for our audit
purposes. If you are unable to provide the original
check, you will be liable for any unresolved claims by third parties.
13. Deposit Limits. We
reserve the right to impose limits on the amount(s) and/or number of deposits
that you transmit using the Services and to modify such
limits from time to
time.
14. System Requirements. You
understand that you must at your sole cost and expense, obtain and use a mobile
device that meets all technical requirements for the proper delivery of the
Service and fulfills your obligation to obtain and maintain secure access to
the Internet. You understand and agree that you may also incur and pay any and
all expenses related to the use of the Service, including but not limited to
telephone data service or Internet service charges.
15. Errors. You
agree to notify MSDFCU of any suspected errors regarding items deposited
through the Services right away, and in no event later than 60 days after the
applicable MSDFCU account statement is sent. Unless you notify MSDFCU within 60
days, such statement regarding all deposits made through the Services shall be
deemed correct, and you are prohibited from bringing a claim against MSDFCU for
such alleged error.
16. Presentment. The
manner in which the items are cleared, presented for payment, and collected
shall be in MSDFCU’s sole discretion subject to the Depository Agreement and
Disclosures governing your account.
17. Ownership &
License. You agree that MSDFCU retains all ownership and proprietary
rights in the Services, associated content, technology, and website(s). Your
use of the Services is subject to and conditioned upon your complete compliance
with this Agreement. Without limiting the effect of the foregoing, any breach
of this Agreement immediately terminates your right to use the Services.
Without limiting the restriction of the foregoing, you may not use the Services
(i) in any anti-competitive manner, (ii) for any purpose which would be
contrary to MSDFCU’s business interest, or (iii) to MSDFCU’s actual or
potential economic disadvantage in any aspect. You may use the Services only
for non-business, personal use in accordance with this Agreement. You may not
copy, reproduce, distribute or create derivative works from the content and
agree not to reverse engineer or reverse compile any of the technology used to
provide the Services.
18. DISCLAIMER OF
WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND
CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO
THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR
REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
19. LIMITATION OF
LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR
ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE
TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR
CLAIM
(WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MSDFCU
HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
20. User warranties and
indemnification. You warrant to MSDFCU that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to MSDFCU is accurate and true.
f. You will comply with this Agreement and all applicable rules,
laws and regulations.
g. You will not use the Services and/or your account(s) for any
illegal activity or transactions.
h. Files and images transmitted to us will contain no viruses or
any other disabling features that may have an adverse impact on our network,
data, or related systems.
21. User’s Indemnification Obligation. You agree to indemnify, defend and hold
harmless MSDFCU and its directors, officers, employees, members and agents (the
“Indemnified Parties”) from and against any and all losses, costs, expenses,
fees (including, but not limited to, reasonable attorneys’ fees and
disbursements), claims, damages, liabilities and causes of actions of third
parties resulting or arising from: (i)
your failure to abide by or perform any obligation imposed upon you under this
Agreement; (ii) the willful misconduct, fraud, criminal activity, intentional
tort or negligence of you or any of your representatives involving use of the
Services; (iii) the actions, omissions or commissions of you, your employees,
consultants and/or agents relating to the Services; and (iv) any transmission
or instruction, whether or not authorized, acted upon by MSDFCU in good
faith. You shall be provided with prompt
notice of any claims and given full authority and assistance (at your expense)
for the defense of any such claims, provided that MSDFCU may participate in
such defense and settlement with counsel of MSDFCU’s own choosing at MSDFCU’s
own expense. However, you shall have no
authority to settle any claim against any Indemnified Party without the prior
written consent of such Indemnified Party (which consent shall not be
unreasonably withheld).
22. Force Majeure. You understand and agree that we are not
responsible or liable for any loss, liability, damages, expenses, or costs of
any kind resulting from any delay in the Services due to causes beyond our
control.
23. Other terms. You may
not assign this Agreement. This Agreement is entered into in Chalfont,
Pennsylvania, and shall be governed by the laws of the State of Pennsylvania
and of the United States. A determination that any provision of this Agreement
is unenforceable or invalid shall not render any other provision of this
Agreement unenforceable or invalid.
TERMS
AND CONDITIONS OF THE BILL PAYMENT SERVICE
Bill Payment Service
You
can enroll in our bill payment services by sending a secure email through the
mailbox feature. You may also contact us at 215-996-3700. You must
first enroll in our Internet Banking Service to utilize the secure email
service.
SERVICE DEFINITIONS
"Service" or "The Service" means the bill payment service
offered by Merck Sharp & Dohme FCU, through CheckFree Services Corporation,
a subsidiary of
Fiserv Solutions, Inc . "Agreement" means these terms and
conditions of the bill payment service. "Member Service" means the
Member Service department of Merck Sharp & Dohme FCU. Please see the ERRORS
AND QUESTIONS section below for Member Service contact information.
"Biller" is the person or entity to which you wish a bill payment to
be directed or is the person or entity from which you receive electronic bills,
as the case may be. "Payment Instruction" is the information provided
by you to the Service for a bill payment to be made to the Biller (such as, but
not limited to, Biller name, Biller account number, and Scheduled Payment
Date). "Payment Account" is the checking account from which bill
payments will be debited. "Billing Account" is the checking account
from which all Service fees will be automatically debited. "Business
Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive
your bill payment and is also the day your Payment Account will be debited,
unless the Scheduled Payment Date falls on a non-Business Day in which case it
will be considered to be the previous Business Day. "Due Date" is the
date reflected on your Biller statement for which the payment is due; it is not
the late date or grace period.
"Scheduled
Payment" is a payment that has been scheduled through the Service but has
not begun processing.
PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically four
(4) or fewer Business Days from the current date) will be designated within the
application when you are scheduling the payment. Therefore, the application
will not permit you to select a Scheduled Payment Date less than the earliest
possible Scheduled Payment Date designated for each Biller. When scheduling
payments you must select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Biller statement unless the Due Date falls on
a non-Business Day. If the actual Due Date falls on a non-Business Day, you
must select a Scheduled Payment Date that is at least one (1) Business Day
before the actual Due Date. Scheduled Payment Dates must be prior to any late
date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in
handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the guidelines described under "Payment Scheduling"
in this Agreement.
PAYMENT AUTHORIZATION AND
PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom
you wish to direct payments, you authorize the Service to follow the Payment
Instructions that it receives through the payment system. In order to process
payments more efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Biller directives. When the
Service receives a Payment Instruction, you authorize the Service to debit your
Payment Account and remit funds on your behalf so that the funds arrive as
close as reasonably possible to the Scheduled Payment Date designated by you.
You also authorize the Service to credit your Payment Account for payments
returned to the Service by the United States Postal Service or Biller, or
payments remitted to you on behalf of another authorized user of the Service.
The
Service will use its best efforts to make all your payments properly. However,
the Service shall incur no liability and any Service Guarantee shall be void if
the Service is unable to complete any payments initiated by you because of the
existence of any one or more of the following circumstances:
1.
If, through no fault of the Service, your Payment Account does not contain
sufficient funds to complete the transaction or the transaction would exceed
the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have
been advised by the Service about the malfunction before you execute the
transaction;
3. You have not provided the Service with the correct Payment Account
information, or the correct name, address, phone number, or account information
for the Biller; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to,
fire, flood, or interference from an outside force) prevent the proper
execution of the transaction and the Service has taken reasonable precautions
to avoid those circumstances.
Provided
none of the foregoing exceptions are applicable, if the Service causes an
incorrect amount of funds to be removed from your Payment Account or causes
funds from your Payment Account to be directed to a Biller which does not
comply with your Payment Instructions, the Service shall be responsible for
returning the improperly transferred funds to your Payment Account, and for
directing to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges.
PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on
your behalf to your Biller. These payment methods may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a laser
draft payment. (funds remitted to the Biller are deducted from your Payment
Account when the laser draft is presented to your financial institution for
payment).
PAYMENT CANCELLATION
REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by
following the directions within the application. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also not
have a reasonable opportunity to act on any stop payment request after a
payment has been processed. If you desire to stop any payment that has already
been processed, you must contact Member Service. Although the Service will make
every effort to accommodate your request, the Service will have no liability
for failing to do so. The Service may also require you to present your request
in writing within fourteen (14) days. The charge for each stop payment request
will be the current charge for such service as set out in the applicable fee
schedule.
PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are
prohibited through the Service.
EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service,
however such payments are discouraged and must be scheduled at your own risk.
In no event shall the Service be liable for any claims or damages resulting
from your scheduling of these types of payments. The Service Guarantee as it
applies to any late payment related charges is void when these types of
payments are scheduled and/or processed by the Service. The Service has no
obligation to research or resolve any claim resulting from an exception
payment. All research and resolution for any misapplied, mis-posted or
misdirected payments will be the sole responsibility of you and not of the
Service.
BILL DELIVERY AND
PRESENTMENT
This feature is for the presentment of electronic bills only and it is your
sole responsibility to contact your Billers directly if you do not receive your
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
Information provided to
the Biller - The Service is unable to update or change your
personal information such as, but not limited to, name, address, phone numbers
and e-mail addresses, with the electronic Biller. Any changes will need to be
made by contacting the Biller directly. Additionally, it is your responsibility
to maintain all usernames and passwords for all electronic Biller sites. You
also agree not to use someone else's information to gain unauthorized access to
another person's bill. The Service may, at the request of the Biller, provide
to the Biller your e-mail address, service address, or other data specifically
requested by the Biller at the time of activating the electronic bill for that
Biller, for purposes of the Biller informing you about Service and/or bill
information.
Activation
- Upon activation of the electronic bill feature the Service may notify the
Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to Biller and
may take up to sixty (60) days, depending on the billing cycle of each Biller.
Additionally, the ability to receive a paper copy of your statement(s) is at
the sole discretion of the Biller. While your electronic bill feature is being
activated it is your responsibility to keep your accounts current. Each
electronic Biller reserves the right to accept or deny your request to receive
electronic bills.
Authorization to obtain
bill data - Your activation of the electronic bill feature for
a Biller shall be deemed by us to be your authorization for us to obtain bill
data from the Biller on your behalf. For some Billers, you will be asked to
provide us with your user name and password for that Biller. By providing us
with such information, you authorize us to use the information to obtain your
bill data.
Notification -
The Service will use its best efforts to present all of your electronic bills
promptly. In addition to notification within the Service, the Service may send
an e-mail notification to the e-mail address listed for your account. It is
your sole responsibility to ensure that this information is accurate. In the
event you do not receive notification, it is your responsibility to
periodically logon to the Service and check on the delivery of new electronic
bills. The time for notification may vary from Biller to Biller. You are
responsible for ensuring timely payment of all bills.
Cancellation of electronic
bill notification - The electronic Biller reserves the right to
cancel the presentment of electronic bills at any time. You may cancel
electronic bill presentment at any time. The timeframe for cancellation of your
electronic bill presentment may vary from Biller to Biller. It may take up to
sixty (60) days, depending on the billing cycle of each Biller. The Service
will notify your electronic Biller(s) as to the change in status of your
account and it is your sole responsibility to make arrangements for an
alternative form of bill delivery. The Service will not be responsible for
presenting any electronic bills that are already in process at the time of
cancellation.
Non-Delivery of electronic
bill(s) - You agree to hold the Service harmless should the
Biller fail to deliver your statement(s). You are responsible for ensuring
timely payment of all bills. Copies of previously delivered bills must be
requested from the Biller directly.
Accuracy and dispute of
electronic bill - The Service is not responsible for the
accuracy of your electronic bill(s). The Service is only responsible for
presenting the information we receive from the Biller. Any discrepancies or
disputes regarding the accuracy of your electronic bill summary or detail must
be addressed with the Biller directly.
This
Agreement does not alter your liability or obligations that currently exist
between you and your Billers.
EXCLUSIONS OF WARRANTIES
THE 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access
your account to any unauthorized individuals. You are responsible for all
payments you authorize using the Service. If you permit other persons to use
the Service or your password or other means to access your account, you are
responsible for any transactions they authorize. If you believe that your
password or other means to access your account has been lost or stolen or that
someone may attempt to use the Service without your consent or has transferred
money without your permission, you must notify the Service at once by calling
844-822-4615 during Member Service hours.
YOUR LIABILITY FOR
UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or
other means to access your account 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 transfers 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 may
extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as
possible notify us via one of the following:
1.
Telephone us at 844-822-4615 during Member Service hours;
2. Contact us by using the application's e-messaging feature; and/or,
3. Write us at:
Merck Sharp & Dohme FCU
335 W Butler Avenue
Chalfont, Pennsylvania 18914
If
you think your statement is incorrect or you need more information about a
Service transaction listed on the statement, we must hear from you no later
than
sixty (60) days after the FIRST statement was sent to you on which the problem
or error appears. You must:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly as
possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If
you tell us verbally, we may require that you send your complaint in writing
within ten (10) Business Days after your verbal notification. We will tell you
the results of our investigation within ten (10) Business Days after we hear
from you, and will correct any error promptly. However, if we require more time
to confirm the nature of your complaint or question, we reserve the right to
take up to forty-five (45) days to complete our investigation. If we decide to
do this, we will provisionally credit your Payment Account within ten (10)
Business Days for the amount you think is in error. If we ask you to submit
your complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your Payment Account. If it is
determined there was no error, we will mail you a written explanation within
three (3) Business Days after completion of our investigation. You may ask for
copies of documents used in our investigation. The Service may revoke any
provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT
INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account or
the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third
party, such as a credit bureau or Biller;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.
SERVICE FEES AND ADDITIONAL
CHARGES
Any applicable fees will be charged regardless of whether the Service was used
during the billing cycle. There may be a charge for additional transactions and
other optional services. You agree to pay such charges and authorize the Service
to deduct the calculated amount from your designated Billing Account for these
amounts and any additional charges that may be incurred by you. Any financial
fees associated with your standard deposit accounts will continue to apply. You
are responsible for any and all telephone access fees and/or Internet service
fees that may be assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED
TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you
from your Payment Account. If we are unable to complete the transaction for any
reason associated with your Payment Account (for example, there are
insufficient funds in your Payment Account to cover the transaction), the
transaction will not be completed. In some instances, you will receive a return
notice from the Service. In such case, you agree that:
1. You will reimburse the Service immediately upon demand the transaction
amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of the
initial notification, a late charge equal to 1.5% monthly interest or the legal
maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial
institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to
collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any
credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended
by the Service from time to time. In such event, the Service shall provide
notice to you. Any use of the Service after the Service provides you a notice
of change will constitute your agreement to such change(s). Further, the
Service may, from time to time, revise or update the applications, services,
and/or related material, which may render all such prior versions obsolete.
Consequently, the Service reserves the right to terminate this Agreement as to
all such prior versions of the applications, services, and/or related material
and limit access to only the Service's more recent revisions and updates. In
addition, as part of the Service, you agree to receive all legally required
notifications via electronic means.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your
user profile is current and accurate. This includes, but is not limited to,
name, address, phone numbers and email addresses. Changes can be made by
contacting Member Service. Any changes in your Payment Account should also be
made in accordance with the procedures outlined within the application's Help
files. All changes made are effective immediately for scheduled and future
payments paid from the updated Payment Account information. The Service is not
responsible for any payment processing errors or fees incurred if you do not
provide accurate Payment Account or contact information.
SERVICE TERMINATION,
CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, please contact Member Service via
one of the following:
1. Telephone us at 844-822-4615 during Member Service hours; or,
2. Write us at:
Merck Sharp & Dohme FCU
335 W Butler Avenue
Chalfont, Pennsylvania 18914
Any
payment(s) the Service has already processed before the requested cancellation
date will be completed by the Service. All Scheduled Payments including
recurring payments will not be processed once the Service is cancelled. The
Service may terminate or suspend Service to you at any time. Neither
termination nor suspension shall affect your liability or obligations under
this Agreement.
BILLER LIMITATION
The Service reserves the right to refuse to pay any Biller to whom you may
direct a payment. The Service will notify you promptly if it decides to refuse
to pay a Biller designated by you. This notification is not required if you
attempt to make a prohibited payment or an exception payment under this
Agreement.
RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United States
Postal Service may return payments to the Service for various reasons such as,
but not limited to, Biller's forwarding address expired; Biller account number
is not valid; Biller is unable to locate account; or Biller account is paid in
full. The Service will use its best efforts to research and correct the
returned payment and return it to your Biller, or void the payment and credit
your Payment Account. You may receive notification from the Service.
INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot
verify your identity or other necessary information. In order to verify
ownership of the Payment Account(s) and/or Billing Account, the Service may
issue offsetting debits and credits to the Payment Account(s) and/or Billing
Account, and require confirmation of such from you. Through your enrollment in
the Service, you agree that the Service reserves the right to request a review
of your credit rating at its own expense through an authorized bureau. In
addition, you agree that the Service reserves the right to obtain financial
information regarding your account from a Biller or your financial institution
(for example, to resolve payment posting problems or for verification).
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to
resolve the dispute by looking to this Agreement. You agree that this Agreement
is the complete and exclusive statement of the agreement between you and the
Service which supersedes any proposal or prior agreement, oral or written, and
any other communications between you and the Service relating to the subject
matter of this Agreement. If there is a conflict between what an employee of
the Service or Member Service Department says and the terms of this Agreement,
the terms of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign
this Agreement to any future, directly or indirectly, affiliated company. The
Service may also assign or delegate certain of its rights and responsibilities
under this Agreement to independent contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the Service. No delay
or omission on the part of the Service 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.
CAPTIONS
The captions of sections hereof are for convenience only and shall not control or
affect the meaning or construction of any of the provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws
of the State of Georgia, without regard to its conflicts of law’s 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.
THE
FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST
PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF
THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE
SERVICE.
TERMS
OF SERVICE ZELLE
TERMS OF SERVICE
Last updated March 7, 2019
GENERAL TERMS FOR EACH SERVICE
1. Introduction. This Terms of Service document
(hereinafter "Agreement") is a contract between you and Merck Sharp
& Dohme FCU (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:
Merck Sharp & Dohme FCU
335 W Butler Avenue
Chalfont, PA 18914
We may also be reached at 844-822-4615 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 member 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 identify 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:
a.
Payments to or from
persons or entities located in prohibited territories (including any territory
outside of the United States); and
b.
Payments that violate
any law, statute, ordinance or regulation; and
c.
Payments that violate
the Acceptable Use terms in Section 14 of the General Terms below; and
d.
Payments related to:
(1) tobacco products, (2) prescription drugs and devices; (3) narcotics,
steroids, controlled substances or other products that present a risk to
consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm
parts or related accessories; (6) weapons or knives regulated under applicable
law; (7) goods or services that encourage, promote, facilitate or instruct
others to engage in illegal activity; (8) goods or services that are sexually
oriented; (9) goods or services that promote hate, violence, racial
intolerance, or the financial exploitation of a crime; (10) goods or services
that defame, abuse, harass or threaten others; (11) goods or services that
include any language or images that are bigoted, hateful, racially offensive,
vulgar, obscene, indecent or discourteous; (12) goods or services that
advertise, sell to, or solicit others; or (13) goods or services that infringe
or violate any copyright, trademark, right of publicity or privacy, or any
other proprietary right under the laws of any jurisdiction; and
e.
Payments related to
gambling, gaming and/or any other activity with an entry fee and a prize,
including, but not limited to, casino games, sports betting, horse or dog
racing, lottery tickets, other ventures that facilitate gambling, games of
skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f.
Payments relating to
transactions that (1) support pyramid or ponzi schemes, matrix programs, other
"get rich quick" schemes or multi-level marketing programs, (2) are
associated with purchases of real property, annuities or lottery contracts,
lay-away systems, off-shore banking or transactions to finance or refinance
debts funded by a credit card, (3) are for the sale of items before the seller
has control or possession of the item, (4) constitute money-laundering or
terrorist financing, (5) are associated with the following "money service
business" activities: the sale of traveler’s checks or money orders,
currency dealers or exchanges, or check cashing, or (6) provide credit repair
or debt settlement services; and
g.
Tax payments and court
ordered 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. You may 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 though 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 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 may in our sole
discretion extend the 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 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.
Service Provider is
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.
a.
In case of errors or
questions about your transactions, you should as soon as possible contact us as
set forth in Section 6 of the General Terms above.
b.
If you think your
periodic statement for your account is incorrect or you need more information
about a transaction listed in the periodic statement for your account, we must
hear from you no later than sixty (60) days after we send you the applicable
periodic statement for your account that identifies the error. You must:
1.
Tell us your name;
2.
Describe the error or
the transaction in question, and explain as clearly as possible why you believe
it is an error or why you need more information; and,
3.
Tell us the dollar
amount of the suspected error.
c.
If you tell us orally,
we may require that you send your complaint in writing within ten (10) Business
Days after your oral notification. Except as described below, we will determine
whether an error occurred within ten (10) Business Days after you notify us of the
error. We will tell you the results of our investigation within three (3)
Business Days after we complete our investigation of the error, and will
correct any error promptly. However, if we require more time to confirm the
nature of your complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide to do this, we
will provisionally credit your Eligible Transaction Account within ten (10)
Business Days for the amount you think is in error. If we ask you to submit
your complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your Eligible Transaction
Account. If it is determined there was no error we will mail you a written
explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our investigation.
We may revoke any provisional credit provided to you if we find an error did
not occur.
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. 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.
a.
"ACH
Network" means the funds transfer system, governed by the NACHA Rules,
that provides funds transfer services to participating financial institutions.
b.
"Affiliates"
are companies related by common ownership or control.
c.
"Business
Day" is every Monday through Friday, excluding Federal Reserve holidays or
other days that banks are legally closed.
d.
"Eligible
Transaction Account" is a transaction account from which your payments
will be debited, your Service fees, if any, will be automatically debited, or
to which payments and credits to you will be credited, that is eligible for the
Service. Depending on the Service, an Eligible Transaction Account may include
a checking, money market or other direct deposit account, credit card account,
or debit card account, including any required routing information.
e.
"Payment
Instruction" is the information provided for a payment to be made under
the applicable Service, which may be further defined and described below in
connection with a specific Service.
f.
"Payment
Network" means a debit or credit network (such as the ACH Network or ACCEL
/ Exchange payment network) through which funds may be transferred.
g.
"Service
Provider" means companies that we have engaged (and their Affiliates) to
render some or all of the Service to you on our behalf.
BILL PAYMENT SERVICE ADDITIONAL TERMS
1. Description of
Service. The term
"Bill Payment Terms" means these Bill Payment Service Additional
Terms. The bill payment service (for purposes of these Bill Payment Terms, and
the General Terms as they apply to these Bill Payment Terms, the
"Service") enables you to receive, view, and pay bills from the Site.
2. Payment Scheduling. The earliest possible Scheduled Payment
Date for each Biller will be designated within the portion of the Site through
which the Service is offered when you are scheduling the payment. Therefore,
the Service will not permit you to select a Scheduled Payment Date less than
the earliest possible Scheduled Payment Date designated for each Biller. When
scheduling payments you must select a Scheduled Payment Date that is no later
than the actual Due Date reflected on your Biller statement unless the Due Date
falls on a non-Business Day. If the actual Due Date falls on a non-Business
Day, you must select a Scheduled Payment Date that is at least one (1) Business
Day before the actual Due Date. Scheduled Payment Dates must be prior to any
late date or grace period. Depending on the method of payment, your Eligible
Transaction Account may be debited prior to the Scheduled Payment Date. For example,
if the selected method of payment is a draft, the draft arrives earlier than
the Scheduled Payment Date due to expedited delivery by the postal service, and
the Biller immediately deposits the draft, your Eligible Transaction Account
may be debited earlier than the Scheduled Payment Date.
3. The Service
Guarantee. Due to
circumstances beyond the control of the Service, particularly delays in
handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the Section 2 of the Bill Payment Terms (Payment Scheduling).
4. Payment
Authorization and Payment Remittance. By providing the Service with names and account
information of Billers to whom you wish to direct payments, you authorize the
Service to follow the Payment Instructions that it receives through the Site.
In order to process payments more efficiently and effectively, the Service may
edit or alter payment data or data formats in accordance with Biller
directives.
When the Service receives a Payment
Instruction, you authorize the Service to debit your Eligible Transaction
Account and remit funds on your behalf so that the funds arrive as close as
reasonably possible to the Scheduled Payment Date designated by you. You also
authorize the Service to credit your Eligible Transaction Account for payments
returned to the Service by the United States Postal Service or Biller, or
payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all your
payments properly. However, the Service shall incur no liability and any
Service Guarantee (as described in Section 3 of the Bill Payment Terms) shall
be void if the Service is unable to complete any payments initiated by you
because of the existence of any one or more of the following circumstances:
1.
If, through no fault
of the Service, your Eligible Transaction Account does not contain sufficient
funds to complete the transaction or the transaction would exceed the credit
limit of your overdraft account;
2.
The payment processing
center is not working properly and you know or have been advised by the Service
about the malfunction before you execute the transaction;
3.
You have not provided
the Service with the correct Eligible Transaction Account information, or the
correct name, address, phone number, or account information for the Biller;
and/or,
4.
Circumstances beyond
control of the Service (such as, but not limited to, fire, flood, or
interference from an outside force) prevent the proper execution of the
transaction and the Service has taken reasonable precautions to avoid those
circumstances.
Provided none of the foregoing exceptions are
applicable, if the Service causes an incorrect amount of funds to be removed
from your Eligible Transaction Account or causes funds from your Eligible
Transaction Account to be directed to a Biller which does not comply with your
Payment Instructions, the Service shall be responsible for returning the
improperly transferred funds to your Eligible Transaction Account, and for
directing to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges.
5. Payment
Cancellation Requests. You
may cancel or edit any Scheduled Payment (including recurring payments) by
following the directions within the portion of the Site through which the
Service is offered. There is no charge for canceling or editing a Scheduled
Payment. Once the Service has begun processing a payment it cannot be cancelled
or edited, therefore a stop payment request must be submitted.
6. Stop Payment
Requests. The Service's
ability to process a stop payment request will depend on the payment method and
whether or not a check has cleared. The Service may also not have a reasonable
opportunity to act on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been processed, you must
contact customer care for the Service in the manner set forth in Section 22 of
the General Terms above. Although the Service will attempt to accommodate your
request, the Service will have no liability for failing to do so. The Service
may also require you to present your request in writing within fourteen (14)
days. The charge for each stop payment request will be the current charge for
such service as set out in the applicable fee schedule.
7. Exception Payments
Requests. Exception
Payments may be scheduled through the Service, however Exception Payments are
discouraged and must be scheduled at your own risk. Except as required by
applicable law, in no event shall the Service be liable for any claims or
damages resulting from your scheduling of Exception Payments. The Service
Guarantee (as described in Section 3 of the Bill Payment Terms) does not apply
to Exception Payments.
8. Bill Delivery and
Presentment. The Service
includes a feature that electronically presents you with electronic bills from
select Billers. Electronic bills may not be available from all of your Billers.
Electronic bills are provided as a convenience only, and you remain solely
responsible for contacting your Billers directly if you do not receive their
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
1.
Presentation
of electronic bills. You will receive
electronic bills from a Biller only if both: (a) you have designated it in the
Service as one of your Billers, and (b) the Biller has arranged with our
Service Provider to deliver electronic bills. The Service may then present you
with electronic bills from that Biller if either: (1) you affirmatively elect
online within the Service to receive electronic bills from the Biller, or (2)
the Biller chooses to send you electronic bills on a temporary “trial basis.”
In either case, you can elect online within the Service to stop receiving
electronic bills from a Biller. Electing to receive electronic bills,
automatically receiving trial electronic bills, and declining further elected
or trial electronic bills all occur on an individual Biller basis. The Service
does not include an option to prevent ever participating in the automatic trial
electronic bill feature. When affirmatively electing to receive electronic
bills from a particular Biller, you may be presented with terms from that
Biller for your acceptance. We are not a party to such terms.
2.
Paper
Copies of electronic bills. If
you start receiving electronic bills from a Biller, the Biller may stop sending
you paper or other statements. The ability to receive a paper copy of your
statement(s) is at the sole discretion of the Biller. Check with the individual
Biller regarding your ability to obtain paper copies of electronic bills on a
regular or as-requested basis.
3.
Sharing
Information with Billers. You
authorize us to share identifying personal information about you (such as name,
address, telephone number, Biller account number) with companies that you have
identified as your Billers and which we have identified as offering electronic
bills for purposes of matching your identity on the Service’s records and the
Biller’s records to (a) activate your affirmative request for electronic bills,
and/or (b) confirm your eligibility for “trial basis” electronic bills.
4.
Information
held by the Biller. We are unable to
update or change your personal information such as, but not limited to, name,
address, phone numbers and email addresses, that is held by the Biller. Any
changes will require you to contact the Biller directly. Additionally it is
your responsibility to maintain all usernames and passwords for all electronic
Biller sites. You also agree not to use someone else's information to gain
unauthorized access to another person's bill. We may, at the request of the
Biller, provide to the Biller your email address, service address, or other
data specifically requested by the Biller for purposes of the Biller matching
your identity against its records or informing you about the Biller’s services
and/or bill information.
5.
Activation. We will notify the Biller of your
request to receive electronic billing information. The presentment of your
first electronic bill may vary from Biller to Biller and may take up to sixty
(60) days, depending on the billing cycle of each Biller. While your electronic
bill feature is being activated it is your responsibility to keep your accounts
current. Each electronic Biller reserves the right to accept or deny your
request to receive electronic bills.
6.
Authorization
to obtain bill data. You authorize us
to obtain bill data from your Billers that you have requested to send you
electronic bills, and from your Billers that wish to send you trial electronic
bills. For some Billers, you will be asked to provide us with your user name
and password for that Biller. By providing us with such information, you
authorize us to use the information to obtain your bill data.
7.
Notification. We will attempt to present all of your
electronic bills promptly. In addition to notification within the Service, we
may send an e-mail notification to the e-mail address listed for your account.
It is your sole responsibility to ensure that this information is accurate. In
the event you do not receive notification, it is your responsibility to
periodically logon to the Service and check on the delivery of new electronic
bills. The time for notification may vary from Biller to Biller. You are
responsible for ensuring timely payment of all bills.
8.
Cancellation
of electronic bill notification. The electronic Biller reserves the right to cancel the
presentment of electronic bills at any time. You may cancel electronic bill
presentment at any time. The timeframe for cancellation of your electronic bill
presentment may vary from Biller to Biller. It may take up to sixty (60) days,
depending on the billing cycle of each Biller. We will notify your electronic
Biller(s) as to the change in status of your account and it is your sole
responsibility to make arrangements for an alternative form of bill delivery.
We will not be responsible for presenting any electronic bills that are already
in process at the time of cancellation.
9.
Non-Delivery
of electronic bill(s). You
agree to hold us harmless should the Biller fail to deliver your statement(s).
You are responsible for ensuring timely payment of all bills. Copies of
previously delivered bills must be requested from the Biller directly.
10.
Accuracy
and dispute of electronic bill. We are not responsible for the accuracy of your electronic
bill(s). We are only responsible for presenting the information we receive from
the Biller. Any discrepancies or disputes regarding the accuracy of your
electronic bill summary or detail must be directly addressed and resolved with
the Biller by you.
This Agreement does not alter your liability
or obligations that currently exist between you and your Billers.
9. Disclosure of
Account Information to Third Parties. It is our general policy to treat your account information
as confidential. However, we will disclose information to third parties about
your account or the transactions you make in the following situations pursuant
to our Privacy Policy (as further described in Section 10 (Your Privacy) of the
General Terms), in addition to the circumstances set forth in Section 20 of the
General Terms (Information Authorization):
1.
Where it is necessary
for completing transactions;
2.
Where it is necessary
for activating additional services;
3.
In order to verify the
existence and condition of your account to a third party, such as a credit
bureau or Biller;
4.
To a consumer
reporting agency for research purposes only;
5.
In order to comply
with a governmental agency or court orders; or,
6.
If you give us your
written permission.
10. Service Fees and
Additional Charges. You are
responsible for paying all fees associated with your use of the Service.
Applicable fees will be disclosed in the user interface for, or elsewhere
within, the Service or Site. Any applicable fees will be charged regardless of
whether the Service was used, except for fees that are specifically use-based.
Use-based fees for the Service will be charged against the Billing Account.
There may also be charges for additional transactions and other optional
services. You agree to pay such charges and authorize the Service to deduct the
calculated amount from your designated Billing Account. Any financial fees
associated with your standard deposit 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 Service, including without
limitation if we debit the Billing Account for such fees, as described in this
Section, and there are insufficient fees in the Billing Account.
11. Biller Limitation. The Service reserves the right to refuse
to pay any Biller to whom you may direct a payment. As required by applicable
law, the Service will notify you promptly if it decides to refuse to pay a
Biller designated by you. as set forth in Section 13 of the General Terms
(Prohibited Payments) or an Exception Payment under this Agreement.
12. Returned Payments. In using the Service, you understand
that Billers and/or the United States Postal Service may return payments to the
Service for various reasons such as, but not limited to, Biller's forwarding
address expired; Biller account number is not valid; Biller is unable to locate
account; or Biller account is paid in full. The Service will attempt to
research and correct the returned payment and return it to your Biller, or void
the payment and credit your Eligible Transaction Account. You may receive
notification from the Service.
13. Information
Authorization. In addition to
Section 20 of the General Terms (Information Authorization), you agree that the
Service reserves the right to obtain financial information regarding your
account from a Biller or your financial institution (for example, to resolve
payment posting problems or for verification).
14. Definitions.
"Biller" is the person or entity to
which you wish a bill payment to be directed or is the person or entity from
which you receive electronic bills, as the case may be.
"Billing Account" is the checking
account from which all Service fees will be automatically debited.
"Due Date" is the date reflected on
your Biller statement for which the payment is due, not the late payment date
or the date beginning or a date during any grace period.
"Eligible Transaction Account" is as
defined in Section 36 of the General Terms, except that it shall be limited to
an account that you hold with us, and from which bill payments will be debited.
"Exception Payments" means payments
to deposit accounts or brokerage accounts, payments to settle securities
transactions (including, without limitation, stocks, bonds, securities, futures
(forex), options, or an investment interest in any entity or property).
"Payment Instruction" is as defined
in Section 36 of the General Terms, and is further defined as the information
provided by you to the Service for a bill payment to be made to the Biller
(such as, but not limited to, Biller name, Biller account number, and Scheduled
Payment Date).
"Scheduled Payment" is a payment
that has been scheduled through the Service but has not begun processing.
"Scheduled Payment Date" is the day
you want your Biller to receive your bill payment, unless the Scheduled Payment
Date falls on a non-Business Day in which case it will be considered to be the
previous Business Day.
ZELLE® AND OTHER PAYMENT
SERVICES ADDITIONAL TERMS
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.
a.
Section 12 of the
General Terms do not apply to the Zelle Payment Service. When you enroll to use
the Zelle Payment Service or when you permit others to whom you have delegated
to act on your behalf to use or access the Zelle Payment Service, you agree to
the terms and conditions of this Agreement. You represent that you have the
authority to authorize debits and credits to the enrolled bank account. In
addition to the restrictions set forth in Section 13 of the General Terms, you
agree that you will not use the Zelle and Other Payment Services to send money
to anyone to whom you are obligated for tax payments, payments made pursuant to
court orders (including court-ordered amounts for alimony or child support),
fines, payments to loan sharks, gambling debts or payments otherwise prohibited
by law, and you agree that you will not use the Zelle and Other Payment
Services to request money from anyone for any such payments. The Zelle and
Other Payment Services are intended for personal, not business or commercial
use. You agree that you will not use the Zelle and Other Payment Services to
send or receive payments in connection with your business or commercial
enterprise. We reserve the right to decline your enrollment if we believe that
you are enrolling to use the Zelle and Other Payment Services with your
business account or to receive business or commercial payments. We further
reserve the right to suspend or terminate your use of the Zelle Payment Service
if we believe that you are using the Zelle Payment Service for business or
commercial purposes.
b.
You must provide us
with an email address that you regularly use and intend to use regularly (i.e.,
no disposable email addresses) and a permanent mobile phone number that you
intend to use for an extended period of time (i.e., no “burner” numbers). You
may not enroll in the Service with a landline phone number, Google Voice
number, or Voice over Internet Protocol. Once enrolled, you may: (i) authorize
a debit of your account to send money to another User either at your initiation
or at the request of that User; and (ii) receive money from another User either
at that User’s initiation or at your request, subject to the conditions of the
Section below titled “Requesting Payments.” When you enroll with Zelle, you may
establish one or more profiles. Each profile may be linked to only one bank
account or debit card, but you may enroll multiple email addresses or mobile
phone numbers in each profile. Once you have enrolled an email address or a
mobile phone number with a profile, you may not use that same email address or
phone number with any other profile. If we allow you to enroll the debit card
we issue to you with the Zelle Payment Service, then the debit card must be
issued in conjunction with a United States domestic deposit account, not a
United States territory-based account. By providing us with names and mobile
telephone numbers, email addresses of Receivers to whom you wish to direct
payments, you authorize us to follow the Payment Instructions that we receive
through the Zelle Payment Service. By providing us with names, bank account
information and other contact information for Receivers to whom you wish to
direct a payment via the Other Payment Service, you authorize us to follow the
Payment Instructions that we receive via the Other Payment Services. Once
enrolled, you authorize us to credit your Eligible Transaction Account for
payments remitted to you on behalf of a Sender without further approval from
you.
c.
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.
d.
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.
e.
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:
- 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;
- 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;
- The payment is refused as
described in Section 6 of the Zelle and Other Payment Terms below;
- 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,
- 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.
f.
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.
a.
You may send money to
another User at your initiation or in response to that User’s request for
money. You understand that use of the Zelle and Other Payment Services by you
shall at all times be subject to (i) this Agreement, and (ii) your express
authorization at the time of the transaction for us or another Network
Financial Institution to initiate a debit entry to your bank account. You
understand that when you send the payment, you will have no ability to stop it.
When a Sender initiates a Payment Instruction, the Receiver is not required to
accept the payment if the Receiver has not enrolled in Zelle. You agree that
you as a Sender will not hold us liable for any damages resulting from a
Receiver’s decision to not enroll in Zelle. For the Zelle Payment Service, you
may only cancel a payment if the person to whom you sent the money has not yet
enrolled in the Zelle Payment Service. As to the Zelle Payment Service, if the
person you sent money to has already enrolled with Zelle, either in the Zelle
Standalone Locations (defined in Section 1(b) of these Zelle and Other Payment
Terms) or with a Network Financial Institution, then the money is sent directly
to their bank account (except as otherwise provided below) and may not be
canceled or revoked. Cancellation is addressed more generally as to the Other
Payment Services in Section 6 (Payment Cancellation, Stop Payment Requests and
Refused Payments for Other Payment Services) below. You may initiate a one-time
Payment Instruction to a Receiver for which processing shall be initiated
immediately via Zelle. Via the Other Payment Services (defined in Section 1(b)
of these Zelle and Other Payment Terms), you may also initiate (a) a one-time
Payment Instruction to a Receiver for which processing shall be initiated at a
later specified date up to one (1) year, and (b) a recurring series of Payment
Instructions to a Receiver for which processing shall be initiated on the
specified dates. Further details about each of these options can be found on
the Site.
b.
Payment Instructions
initiated to Receivers require you to provide contact information about the
Receiver (including an email address and/or mobile telephone number). If the
Receiver does not bank at a Network Financial Institution and has not yet
enrolled in Zelle, then the Zelle Payment Service will contact the Receiver and
request that the Receiver (i) provide information so that the identity of the
Receiver may be validated at a Zelle Standalone Location and then (ii) provide
Eligible Transaction Account information in order to complete the Payment
Instruction (a "Two-Step Transfer"). If the Receiver maintains an
Eligible Transaction Account with a Network Financial Institution and has not
yet enrolled in Zelle, then the Zelle Payment Service will contact the Receiver
regarding enrollment in Zelle and receipt of payment. If the Receiver has
already enrolled in Zelle, then the Receiver will receive a message regarding
your payment.
c.
Via the Other Payment
Services (defined in Section 1(b) of these Zelle and Other Payment Terms), we
also support the sending of money to Receivers if you provide the Eligible
Transaction Account information for the Receiver and other contact information
for the Receiver; such transactions are not sent via Zelle. You acknowledge and
agree that if your Payment Instructions identify an account by name and account
number, the relevant financial institution may execute those Payment
Instructions by reference to the account number only, even if such account
number does not correspond to the account name. You further acknowledge and
agree that financial institutions holding the account may choose to not
investigate discrepancies between account names and account numbers. We have no
responsibility to investigate discrepancies between account names and account
numbers, outside of our obligations under the law to investigate errors,
described above in Section 22 of the General Terms (Errors, Questions, and
Complaints).
d.
In most cases, when
you are sending money to another User using the Zelle Payment Service, the
transfer will occur in minutes; however, there are circumstances when the
payment may take longer. For example, in order to protect you, us, Zelle and
the other Network Financial Institutions, we may need additional time to verify
your identity or the identity of the person receiving the money. If you are
sending money to someone who has not enrolled as a User with Zelle, either via
a Zelle Standalone Location (defined in Section 1(b) of these Zelle and Other
Payment Terms) or a Network Financial Institution, they will receive a text or
email notification instructing them on how to enroll to receive the money. You
understand and acknowledge that a person to whom you are sending money and who
is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore
the payment notification, and the transfer may not occur. The money may also be
delayed or the transfer may be blocked to prevent fraud or comply with
regulatory requirements. If we delay or block a payment that you have initiated,
we will notify you in accordance with your User preferences (i.e. email, push
notification). We have no control over the actions of other Users, other
Network Financial Institutions or other financial institutions that could delay
or prevent your money from being delivered to the intended User.
e.
For the Other Payment
Services and those Zelle Payment Service payments where the Site indicates
payment will require more than a Business Day, you understand and agree that
when you initiate a Payment Instruction from an Eligible Transaction Account,
the processing of the Payment Instruction will begin and the debiting of your
Eligible Transaction Account will occur as early as the day of such initiation.
However, you and the Receiver should not expect the payment funds to be
transferred into the Receiver's Eligible Transaction Account any earlier than
the next Business Day after you initiated the Payment Instruction. As part of
the Other Payment Services, if you request a one-time Payment Instruction to be
initiated on a specified date or a recurring series of Payment Instruction to
be initiated on specified dates, then the processing of the Payment Instruction
will begin on the specified date and the debiting of your Eligible Transaction
Account will occur as early as the specified date(s). However, you and the
Receiver should not expect the payment funds to be transferred into the
Receiver’s Eligible Transaction Account any earlier than the next Business Day
following the specified date. In addition, in the case of all Two-Step
Transfers, the deposit of the payment funds into the Receiver’s Eligible
Transaction Account (even if debited or withdrawn from your Eligible
Transaction Account) may be delayed if the Receiver has not enrolled in Zelle.
The Site may contain additional information regarding the delivery of a payment
to an Eligible Transaction Account.
f.
As to Recipients who
have not yet enrolled with Zelle, you acknowledge and agree that we will begin
to process the requested transfer of funds once the Receiver has provided (or
we otherwise obtain) all required information, and you hereby authorize and
direct us to retain such funds until the earlier of such time as the Receiver
has provided (or we otherwise obtain) all required information or fourteen (14)
days have elapsed. You further acknowledge and agree that our receipt of money
to be transmitted to a Receiver shall not be deemed to have occurred and our
obligation to complete a Payment Instruction shall not begin until such time as
the Receiver provides us with (or we otherwise obtain) all required information
necessary to process the related Payment Instruction in accordance with this
Agreement.
4. Receiving Payments.
a.
All transfers of money
to you shall be performed by a Network Financial Institution per the direction
of that Network Financial Institution Customer and at all times subject to the
terms and conditions of the relevant service agreement between that Network
Financial Institution and its customer, including without limitation any restrictions
or prohibitions on permissible transactions. Once a User initiates a transfer
of money to your email address or mobile phone number enrolled with the Zelle
Payment Service, you have no ability to stop the transfer. Other Payment
Service payments may be cancelled by the Sender as set forth in Section 6
(Payment Cancellation, Stop Payment Requests and Refused Payments for Other
Payment Services) below. By using the Zelle Payment Service, you agree and
authorize us to initiate credit entries to the bank account you have enrolled.
If another person wants to initiate a Payment Instruction (including in
response to a Zelle Payment Request, if applicable) using the Zelle Payment
Service to an Eligible Transaction Account you hold or, as applicable, if you as
a Requestor want to initiate a Zelle Payment Request, he, she or you can do
that from the Site or from an Eligible Transaction Account at a financial
institution that participates in the Zelle Payment Service or at a Zelle
Standalone Location. If you are receiving a payment from a business or
government agency, your payment will be delivered in accordance with both this
Agreement and the procedures of the business or government agency that is
sending you the payment.
b.
For the Zelle Payment
Service, most transfers of money to you from other Users will occur within
minutes. There may be other circumstances when the payment may take longer. For
example, in order to protect you, us, Zelle and the other Network Financial
Institutions, we may need or Zelle may need additional time to verify your
identity or the identity of the person sending the money. We may also delay or
block the transfer to prevent fraud or to meet our regulatory obligations. If
we delay or block a payment that you have initiated through a request for
money, we will notify you in accordance with your User preferences (i.e. email,
push notification). You understand and agree that there may be a delay between
the time you are notified of the pending Payment Instruction and the deposit of
the payment funds into your Eligible Transaction Account, and you may be
required to take additional steps to facilitate the deposit of the payment of
funds into your Eligible Transaction Account, such as if we have questions
regarding possible fraud in connection with the payment. You authorize the
Sender, the financial institution which holds the Sender's Eligible Transaction
Account and us (including through the Site) to send emails to you and text
messages to your mobile phone in connection with the Sender's initiation of
Payment Instructions to you, and, as a Receiver, you may receive Zelle Payment
Requests, from others through the Zelle Payment Service.
c.
You acknowledge and
agree that in the event that funds are transferred into your Eligible
Transaction Account as a result of a Payment Instruction and it is determined
that such transfer was improper because it was not authorized by the sender,
because there were not sufficient funds in the sender's account, or for any
other reason, then you hereby authorize us or our Service Provider to withdraw
from your Eligible Transaction Account an amount equal to the amount of funds
improperly transferred to you.
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.
6. Payment
Cancellation, Stop Payment Requests and Refused Payments for Other Payment
Services. Zelle Payment
Service payments can only be cancelled in the limited circumstances set forth
in Section 3(a) (Sending Payments) above. This Section only applies to the
Other Payment Services, not Zelle Payment Services. 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, 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 and/or other alias to send or receive money as described 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:
a.
You are responsible
for any fees or other charges that your wireless carrier may charge for any
related data, text or other message services, including without limitation for
short message service. Please check your mobile service agreement for details
or applicable fees.
b.
You will immediately
notify us if any email address or mobile number you have enrolled is (i)
surrendered by you, or (ii) changed by you.
c.
In the case of any
messages that you may send through either us or Zelle or that we may send or
Zelle may send on your behalf to an email address or mobile phone number, you
represent that you have obtained the consent of the recipient of such emails or
automated text messages to send such emails or text messages to the recipient.
You understand and agree that any emails or text messages that we send or that
Zelle sends on your behalf may include your name.
d.
Your wireless carrier
is not liable for any delay or failure to deliver any message sent to or from
us or Zelle, including messages that you may send through us or through Zelle
or that we may send or Zelle may send on your behalf.
e.
To cancel text
messaging from us, send STOP to 729935. For help or information regarding text
messaging, send HELP to 729935 or contact our customer service at 844-822-4615.
You expressly consent to receipt of a text message to confirm your “STOP”
request.
f.
Supported Carriers:
AT&T, Sprint, T-Mobile, Verizon and others.
g.
Your phone service
provider is not the provider of the Zelle and Other Payment Services. Users of
the Zelle Payment Service will receive text messages relating to their Payment
Instructions and other notices from time to time if a mobile phone number is
provided. Data and messaging charges from your telecommunications provider may
apply, and you are responsible for any such charges. In the event your enrolled
mobile device is lost or stolen, you agree to update your enrollment
information and make the appropriate changes to disable the use of such device.
You understand that there are risks associated with using a mobile device, and
that in the event of theft or loss, your confidential information could be
compromised.
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. 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 Service, 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) to Zelle, other Network
Financial Institutions and other third parties 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 use
your mobile number, name, address, email, network status, customer type,
customer role, billing type, mobile device identifiers (IMSI and IMEI) and
other subscriber status details, if available, 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. ZELLE DOES NOT WARRANT THAT THE ZELLE
PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE 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. 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 and the Zelle related marks are wholly owned by Early Warning Services,
LLC and are used herein under license.
ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS
1. Description of
Service, Authorization and Processing.
a.
The term “Transfer
Money Terms” means these Account to Account Transfers Additional Terms. The
Account to Account transfer service (for purposes of these Transfer Money
Terms, and the General Terms as they apply to these Transfer Money Terms, the
"Service") enables you to transfer funds between your Account(s) that
you maintain with us on the one hand, and your Account(s) that are maintained
by other financial institutions, on the other hand. You represent and warrant
that you are either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal right,
power and authority to transfer funds between the Eligible Transaction Account
and the External Account. If you are a joint owner of the Eligible Transaction
Account, External Account, or both, then you represent and warrant that (i) you
have been authorized by all of the other joint owners to operate such Accounts
without their consent (including without limitation to withdraw or deposit any
amount of funds to such Accounts or to even withdraw all funds from such
Accounts); and (ii) we may act on your instructions regarding such Accounts
without liability to such other joint owners. Further, you represent and
warrant that the External Account is located in the United States.
b.
When we receive a
Transfer Instruction from you, you authorize us to (i) debit your Eligible
Transaction Account and remit funds on your behalf to the External Account
designated by you and to debit your applicable Account as described below in
Section 5 of the Transfer Money Terms (Service Fees and Additional Charges);
or, as applicable, to (ii) credit your Eligible Transaction Account and remit
funds on your behalf from the External Account designated by you and to debit
your applicable Account as described below in Section 5 of the Transfer Money
Terms (Service Fees and Additional Charges). You also authorize us to reverse a
transfer from the applicable Account if the debit is returned from the other
Account in the transaction for any reason, including but not limited to
nonsufficient funds.
c.
We will use reasonable
efforts to make all your transfers properly. However, we shall incur no
liability if we are unable to complete any transfers initiated by you because
of the existence of any one or more of the following circumstances:
1.
If, through no fault
of ours, the Eligible Transaction Account or External Account does not contain
sufficient funds to complete the transfer or the transfer would exceed the credit
limit of your overdraft account;
2.
The Service is not
working properly and you know or have been advised by us about the malfunction
before you execute the transaction;
3.
The transfer is
refused as described in Section 6 of the Transfer Money Terms below;
4.
You have not provided
us with the correct information, including but not limited to the correct
Eligible Transaction Account or External Account information; 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(s), or interference from an outside
force) prevent the proper execution of the transfer and we have taken
reasonable precautions to avoid those circumstances.
d.
It is your
responsibility to ensure the accuracy of any information that you enter into
the Service, and for informing us as soon as possible if you become aware that
this information is inaccurate. You may not use a P.O. Box as a postal address.
We will make a reasonable effort to stop or recover a transfer made to the
wrong Account once informed, but we do not guarantee such recovery and will
bear no responsibility or liability for damages resulting from incorrect
information entered by you.
2. Transfer Methods
and Amounts. Section 15 of the
General Terms (Payment Methods and Amounts) applies to the Service, even in
circumstances where the External Account is closed and we are attempting to
return funds to such Account.
3. Transfer
Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins
processing (as shown in the Service). We will, to the extent permitted by law,
make reasonable attempts to return any unclaimed, refused, refunded,
prohibited, or denied transfer to your Account that we debited for the funds
transfer. If this is unsuccessful (for example, the Eligible Transaction
Account has been closed) we will make reasonable attempts to otherwise return
the funds to you.
4. Stop Payment
Requests. If you desire to
stop any transfer that has already been processed, you must contact customer
care for the Service pursuant to Section 22 of the General Terms. Although we
will make a reasonable effort to accommodate your request, we will have no
liability for failing to do so. We may also require you to present your request
in writing within fourteen (14) days. The charge for each request will be the
current charge for such service as set out in the applicable fee schedule.
5. Service Fees and
Additional Charges. You are
responsible for paying all fees associated with your use of the Service.
Applicable fees will be disclosed in the user interface for, or elsewhere
within, the Service or Site. Any applicable fees will be charged regardless of
whether the Service was used, except for fees that are specifically use-based.
Use-based fees for the Service will be charged against the Account that is
debited for the funds transfer. There may also be charges for additional
transactions and other optional services. You agree to pay such charges and
authorize us to deduct the calculated amount from the applicable Eligible
Transaction Account you hold with us or the Account that is debited for the
funds transfer, depending on how such charges are described in the user
interface for the Service. Any financial fees associated with your standard
deposit 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 Service, including without limitation if we debit the
External Account for such fees, as described in this Section, and there are
insufficient fees in the External Account; Section 18 of the General Terms
should be interpreted as applying to the External Account, not just the
Eligible Transaction Account, in such circumstances.
6. Refused Transfers. We reserve the right to refuse any
transfer. As required by applicable law, we will notify you promptly if we
decide to refuse to transfer funds.
7. Returned Transfers. In using the Service, you understand
transfers may be returned for various reasons such as, but not limited to, the
External Account number is not valid. We will use reasonable efforts to
research and correct the transfer to the intended Account or void the transfer
and credit your Account from which you attempted to transfer funds. You may
receive notification from us.
8. Definitions
"Account" means a checking, money
market or savings account that is either an Eligible Transaction Account or
External Account, as applicable.
"Eligible Transaction Account" is as
defined in Section 36 of the General Terms, except that it shall be limited to
a checking, money market or savings account that you hold with us.
"External Account" is your account
at another financial institution (i) to which you are transferring funds from
your Eligible Transaction Account; or (ii) from which you are transferring
funds to your Eligible Transaction Account.
"Transfer Instruction" is a specific
Payment Instruction (as defined in Section 36 of the General Terms) that you
provide to the Service for a transfer of funds.
MSDFCU TRANSFER NOW
ACCOUNT TO ACCOUNT TRANSFER TERMS OF SERVICE
1.Introduction. This
Account to Account Transfer Terms of Service document (hereinafter “Agreement”)
is a contractbetween you and Merck Sharp & Dohme Federal Credit Union
(hereinafter “we” or “us”) in connection with theAccount to Account Transfer
Service (as defined below) offered through our online banking site or mobile
applications (the“Site”). This Agreement applies to your use of the Account to
Account Transfer Service and the portion of the Site throughwhich the Account
to Account Transfer Service is offered.
2.Description of Account to
Account Transfer Service. The Account to Account transfer service (the
“Account toAccount Transfer Service”) enables you to transfer funds between
your Account(s) that you maintain with us on the onehand, and your Account(s)
that are maintained by other financial institutions, on the other hand.
a.“Small Business Transfers
Service” means functionality, to the extent made available by us, that enables
aBusiness to transfer funds between Account(s) that the Business maintains with
us on the one hand, andAccount(s) that the Business maintains with other
financial institutions, on the other hand. Businesses accessingthe Account to
Account Transfer Service shall be classified as Small Business Transfers
Service users. The SmallBusiness Transfers Service is included in the
definition of “Account to Account Transfer Service”.
b.“Instant Transfers” means
functionality, to the extent made available by us, that uses Payment Networks
designedto transfer funds on the same day or sooner between your Account(s)
that you maintain with us on the one hand,and your Account(s) that are
maintained by other financial institutions, on the other hand. Instant
Transfers areonly available for financial institutions and applicable Accounts
that enabled to send and receive such InstantTransfers. Not all financial
institutions and/or Accounts are available to participate in Instant Transfers.
InstantTransfers are not instantaneous. Payment delivery speed may vary based
upon the funds availability policy ofeach financial institution, Payment
Network availability, or other factors. Instant Transfers are included in
thedefinition of “Service”.
3.Definitions.
a.“Account” means a checking,
money market or savings account that is either an Eligible Transaction Account
orExternal Account, as applicable. For the Small Business Transfers Service,
Accounts include business checking,money market or savings accounts.
b.“ACH Network” means the funds
transfer system, governed by the NACHA Rules, that provides funds
transferservices to participating financial institutions.
c.“Affiliates” are companies
related by common ownership or control.
d.“Business” means any person or
entity other than a Consumer with an Eligible Transaction Account that
utilizesthe Account to Account Transfer Service.
e.“Business Day” is every Monday through
Friday, excluding Federal Reserve holidays or other days that banks arelegally
closed.
f.“Consumer” means a person (not
a business or other entity) with an Eligible Transaction Account primarily
forpersonal, family or household purposes.
g.“Eligible Transaction Account”
is a transaction account from which your transfers will be debited, your
Account toAccount Transfer Service fees, if any, will be automatically debited,
or to which transfers and credits to you will becredited, that is eligible for
the Account to Account Transfer Service. An Eligible Transaction Account shall
belimited to a checking, money market or savings account that you hold with us.
h.“External Account” is your
account at another financial institution (i) to which you are transferring
funds from yourEligible Transaction Account; or (ii) from which you are
transferring funds to your Eligible Transaction Account.
i.“Payment Network” means a debit
or credit network (such as the ACH Network or ACCEL / Exchange paymentnetwork) through
which funds may be transferred.
j.“Service Provider” means
companies that we have engaged (and their Affiliates) to render some or all of
theAccount to Account Transfer Service to you on our behalf.
k.“Transfer Instruction” is a
specific information provided for a transfer to be made that you provide to the
Accountto Account Transfer Service for a transfer of funds.
4. Service Providers. We are
offering you the Account to Account Transfer Service through one or more
Service Providers that we have engaged to render some or all of the Account to
Account Transfer Service to you on our behalf. However, notwithstanding that we
have engaged such a Service Provider to render some or all of the Account to
Account Transfer Service to you, we are the sole party liable to you for any
payments or transfers conducted using the Account to Account Transfer Service
and we are solely responsible to you and any third party to the extent any
liability attaches in connection with the Account to Account Transfer 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.
5. Authorization and
Processing.
a. You represent and warrant that
you are either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal right,
power and authority to transfer funds between the Eligible Transaction Account
and the External Account. If you are a joint owner of the Eligible Transaction
Account, External Account, or both, then you represent and warrant that (i) you
have been authorized by all of the other joint owners to operate such Accounts
without their consent (including without limitation to withdraw or deposit any
amount of funds to such Accounts or to even withdraw all funds from such
Accounts); and (ii) we may act on your instructions regarding such Accounts
without liability to such other joint owners. Further, you represent and
warrant that the External Account is located in the United States.
b. You may initiate (1) a
one-time Transfer Instruction for which processing shall be initiated
immediately, (2) a one-time Transfer Instruction for which processing shall be
initiated at a later specified date up to one (1) year, and (3) a recurring
series of Transfer Instructions for which processing shall be initiated on the
specified dates. Options (2) and (3) above are not available for Instant
Transfers. Further details about each of these options can be found on the
Site. When we receive a Transfer Instruction from you, you authorize us to (i)
debit your Eligible Transaction Account and remit funds on your behalf to the
External Account designated by you and to debit your applicable Account as
described below in Section 9 (Account to Account Transfer Service Fees and Additional
Charges); or, as applicable, to (ii) credit your Eligible Transaction Account
and remit funds on your behalf from the External Account designated by you and
to debit your applicable Account as described below in Section 9 (Account to
Account Transfer Service Fees and Additional Charges). You also authorize us to
reverse a transfer from the applicable Account if the debit is returned from
the other Account in the transaction for any reason, including but not limited
to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or
comply with regulatory requirements. If we delay or block a Transfer
Instruction that you have initiated, we will notify you in accordance with your
user preferences (i.e. email, push notification).
c. We will use reasonable efforts
to make all your transfers properly. However, we shall incur no liability if we
are unable to complete any transfers initiated by you because of the existence
of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction
Account or External Account does not contain sufficient funds to complete the
transfer or the transfer would exceed the credit limit of your overdraft
account;
2. The Account to Account Transfer Service is not working
properly and you know or have been advised by us about the malfunction before
you execute the transaction;
3. The transfer is refused as described in Section 10 (Refused
Transfers) below;
4. You have not provided us with the correct information, including
but not limited to the correct Eligible Transaction Account or External Account
information; 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(s),
or interference from an outside force) prevent the proper execution of the
transfer and we have taken reasonable precautions to avoid those
circumstances.
d. It is your responsibility to
ensure the accuracy of any information that you enter into the Account to
Account Transfer Service, and for informing us as soon as possible if you
become aware that this information is inaccurate. You may not use a P.O. Box as
a postal address. We will make a reasonable effort to stop or recover a
transfer made to the wrong Account once informed, but we do not guarantee such
recovery and will bear no responsibility or liability for damages resulting
from incorrect information entered by you.
e. Instant Transfers. The Instant
Transfers feature allows for transfers to and from External Accounts that are
enabled through a Payment Network designed to deliver transfers on the same day
and potentially within minutes, although actual speed will vary, as described
below. Instant Transfers are not instantaneous. Delivery speed may vary based
upon the fraud, risk and other funds availability policy of the applicable
External Account financial institution and Payment Network availability. We are
not responsible for the performance, speed, or other acts or omissions of the
Payment Networks or other financial institutions that may be involved in the
transmission of a transfer. We shall not be obligated to comply with the
Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in
connection with Instant Transfers unless the applicable transaction is
transmitted through the ACH network. We are only responsible for delivery of
the applicable Transfer Instructions to the applicable Payment Network in the
format required by the applicable Payment Network's specifications.
6. Transfer Methods and Amounts. There
are limits on the amount of money you can send or receive through our Account
to Account Transfer Service. Your limits may be adjusted from time-to-time in
our sole discretion. 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 though the
Account to Account Transfer Service, and in the event that your Eligible
Transaction Account is closed or otherwise unavailable to us the method to
return funds to you.
7. Transfer Cancellation
Requests. You may cancel a transfer at any time until it begins processing
(as shown in the Account to Account Transfer Service). Instant Transfers may
not be cancelled as the Transfer Instructions will be processed
immediately.
8. Stop Transfer Requests. If you
desire to stop any transfer that has already been processed, you must contact
customer care for the Account to Account Transfer Service pursuant to Section
26 (Errors, Questions, and Complaints). Although we will make a reasonable
effort to accommodate your request, we will have no liability for failing to do
so. We may also require you to present your request in writing within fourteen
(14) days. The charge for each request will be the current charge for such
service as set out in the applicable fee schedule.
9. Account to Account Transfer
Service Fees and Additional Charges. You are responsible for paying
all fees associated with your use of the Account to Account Transfer Service.
Applicable fees will be disclosed in the user interface for, or elsewhere
within, the Account to Account Transfer Service or Site. Any applicable fees
will be charged regardless of whether the Account to Account Transfer Service
was used, except for fees that are specifically use-based. Use-based fees for
the Account to Account Transfer Service will be charged against the Account
that is debited for the funds transfer. There may also be charges for
additional transactions and other optional services. Additional fees may apply
for Instant Transfers and Businesses enrolled in the Small Business Transfers
Service. You agree to pay such charges and authorize us to deduct the
calculated amount from the applicable Eligible Transaction Account you hold
with us or the Account that is debited for the funds transfer, depending on how
such charges are described in the user interface for the Account to Account
Transfer Service. Any financial fees associated with your standard deposit
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 22 (Failed Or Returned Transfer
Instructions) applies if you do not pay our fees and charges for the Account to
Account Transfer Service, including without limitation if we debit the External
Account for such fees, as described in this Section, and there are insufficient
fees in the External Account; Section 22 (Failed Or Returned Transfer
Instructions) should be interpreted as applying to the External Account, not
just the Eligible Transaction Account, in such circumstances.
10. Refused Transfers. We
reserve the right to refuse any transfer. As required by applicable law, we
will notify you promptly if we decide to refuse to transfer funds.
11. Returned or Failed Transfers. In using
the Account to Account Transfer Service, you understand transfers may be
returned or fail for various reasons such as, but not limited to, the External
Account number is not valid. We will use reasonable efforts to research and
correct the transfer to the intended Account or void the transfer. We will, to
the extent permitted by law, make reasonable attempts to return any unclaimed,
refused, refunded, prohibited, failed, or denied transfer to your Account that
we debited for the funds transfer or use other reasonable efforts to return
such transfer to you as permitted by law. In certain cases, we may require you
to contact us or the financial institution for your External Account to
initiate a request to receive such funds. You may receive notification from
us.
12. Notices to Us Regarding the
Account to Account Transfer Service. Except as otherwise stated
below, notice to us concerning the Site or the Account to Account Transfer
Service must be sent by postal mail to: MSDFCU 335 W.Butler Ave. Chalfont PA
18914. We may also be reached at 215-996-3700 for questions and other purposes
concerning the Account to Account Transfer Service. We will act on your
telephone calls as described below in Section 26 (Errors, Questions, and
Complaints), but otherwise, such telephone calls will not constitute legal
notices under this Agreement.
13. 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 Account to Account Transfer 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 Account to Account Transfer
Service setup or customer profile. For example, users of the Account to Account
Transfer Service may receive certain notices (such as notices of processed
Transfer Instructions, alerts for validation and notices of receipt of
transfers) 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 12 (Notices
to Us Regarding the Account to Account Transfer Service) 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
Account to Account Transfer Service if you withdraw your consent to receive
electronic communications.
14. 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.
15. Receipts and Transaction
History. You may view your transaction history by logging into the
Account to Account Transfer Service and looking at your transaction history.
You agree to review your transactions by this method instead of receiving
receipts by mail.
16. Your Privacy; Privacy of
Others. 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. If you
receive information about another person through the Account to Account
Transfer Service, you agree to keep the information confidential and only use
it in connection with the Account to Account Transfer Service.
17. Eligibility. The
Account to Account Transfer 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 Account to Account Transfer 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 Account to Account Transfer Service, you represent that you meet
these requirements and that you agree to be bound by this Agreement.
18. Prohibited Transfers. The
following types of transfers are prohibited through the Account to Account
Transfer Service, and we have the right but not the obligation to monitor for,
block, cancel and/or reverse such transfers:
a. Transfers to or from persons
or entities located in prohibited territories (including any territory outside
of the United States); and
b. Transfers that violate any
law, statute, ordinance or regulation; and
c. Transfers that violate the
Acceptable Use terms in Section 19 (Acceptable Use) below; and
d. Transfers related to: (1)
tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety;
(4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related
accessories; (6) weapons or knives regulated under applicable law; (7) goods or
services that encourage, promote, facilitate or instruct others to engage in
illegal activity; (8) goods or services that are sexually oriented; (9) goods
or services that promote hate, violence, racial intolerance, or the financial
exploitation of a crime; (10) goods or services that defame, abuse, harass or
threaten others; (11) goods or services that include any language or images
that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or
discourteous; (12) goods or services that advertise, sell to, or solicit
others; or (13) goods or services that infringe or violate any copyright,
trademark, right of publicity or privacy, or any other proprietary right under
the laws of any jurisdiction; and
e. Transfers related to gambling,
gaming and/or any other activity with an entry fee and a prize, including, but
not limited to, casino games, sports betting, horse or dog racing, lottery
tickets, other ventures that facilitate gambling, games of skill (whether or
not it is legally defined as a lottery) and sweepstakes; and
f. Transfers relating to
transactions that (1) support pyramid or ponzi schemes, matrix programs, other
“get rich quick” schemes or multi-level marketing programs, (2) are associated
with purchases of real property, equities, annuities or lottery contracts,
lay-away systems, off-shore banking or transactions to finance or refinance
debts funded by a credit card, (3) are for the sale of items before the seller
has control or possession of the item, (4) constitute money-laundering or
terrorist financing, (5) are associated with the following “money service
business” activities: the sale of traveler’s checks or money orders, currency
dealers or exchanges (including digital currencies such as bitcoin), or check
cashing, or (6) provide credit repair or debt settlement services; and
g. Transfers relating to tax
payments and court ordered 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 transfers. We encourage you to
provide notice to us by the methods described in Section 12 (Notices to Us
Regarding the Account to Account Transfer Service) above of any violations of
the Agreement generally.
19. 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 Account to Account
Transfer Service, regardless of the purpose of the use, and for all
communications you send through the Account to Account Transfer 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
Account to Account Transfer 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 Account to Account Transfer Service or the portion of
the Site through which the Account to Account Transfer Service is offered
without our prior written permission; (i) constitute use of any device,
software or routine to bypass technology protecting the Site or Account to
Account Transfer Service, or interfere or attempt to interfere, with the Site
or the Account to Account Transfer 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 12 (Notices to Us Regarding the Account to
Account Transfer Service) above of any violations of the Agreement
generally.
20. Your Liability for
Unauthorized Transfers.
a. Consumer Accounts. This
paragraph applies only to Eligible Transaction Accounts used for personal,
family and household purposes, and shall not apply to the Small Business
Transfers Service. Immediately following your discovery of an unauthorized
Transfer Instruction, you shall communicate with customer care for the Account
to Account Transfer Service in the manner set forth in Section 12 (Notices to
Us Regarding the Account to Account Transfer Service) 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 Account to Account Transfer 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 transfers
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.
b. Business Accounts. This
paragraph applies only to the Small Business Transfers Service. Immediately
following your discovery of an unauthorized Transfer Instruction, you shall
communicate with customer care for the Small Business Transfers Service in the
manner set forth in Section 12 (Notices to Us Regarding the Account to Account
Transfer Service) above. You acknowledge and agree that time is of the essence in
such situations. Tell us AT ONCE if you believe your user identification,
password, or other means of accessing the Small Business Transfers Service have
been stolen or used without your permission. You could lose all of the money in
your Eligible Transaction Account, plus any credit available in any available
overdraft protection plan. Also, if the periodic statement for your Eligible
Transaction Account shows payments or other Small Business Transfers Service
transactions that you did not make, tell us at once. YOU ARE RESPONSIBLE FOR
ALL PAYMENTS INITIATED USING YOUR USER IDENTIFICATION, PASSWORD, AND OTHER
MEANS OF ACCESSING THE SMALL BUSINESS TRANSFERS SERVICE, REGARDLESS OF WHETHER
YOU AUTHORIZED THEM OR IF THEY EXCEED THE LIMITS THAT YOU IMPOSED ON YOUR
AUTHORIZED USER(S).
21. 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.
22. Failed or Returned Transfer
Instructions. In using the Account to Account Transfer Service, you are
requesting that we or our Service Provider attempt to make transfers for you
from your Eligible Transaction Account. If the Transfer 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 Transfer Instruction would exceed the credit or overdraft protection limit
of your Eligible Transaction Account, to cover the transfer), the Transfer
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 Transfer 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 our Service
Provider immediately upon demand the amount of the Transfer Instruction if the
transfer 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
Transfer 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 transfer, 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. Service Provider is authorized
to report the facts concerning the return to any credit reporting agency.
23. 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
Account to Account Transfer Service, changes may be able to be made within the
user interface of the Account to Account Transfer Service or by contacting
customer care for the Account to Account Transfer Service as set forth in
Section 12 (Notices to Us Regarding the Account to Account Transfer Service)
above. We are not responsible for any payment processing errors or fees
incurred if you do not provide accurate Eligible Transaction Account, Transfer
Instructions or contact information.
24. Information Authorization. Your
enrollment in the applicable Account to Account Transfer Service may not be
fulfilled if we cannot verify your identity or other necessary information.
Through your enrollment in or use of each Account to Account Transfer 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
Account to Account Transfer Service, to authenticate you when you log in, to
send you information about the Account to Account Transfer 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 Account to Account
Transfer 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 Account to
Account Transfer Service in statistical form for pattern recognition, modeling,
enhancement and improvement, system analysis and to analyze the performance of
the Account to Account Transfer Service.
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.
25. Account to Account Transfer
Service Termination, Cancellation, or Suspension. If you
wish to cancel the Account to Account Transfer Service, you may contact us as
set forth in Section 12 (Notices to Us Regarding the Account to Account
Transfer Service) above. Any transfer(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 Account to Account Transfer 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.
26. Errors, Questions, and
Complaints.
a. In case of errors or questions
about your transactions, you should as soon as possible contact us as set forth
in Section 12 (Notices to Us Regarding the Account to Account Transfer Service)
above.
b. If you think your periodic
statement for your account is incorrect or you need more information about a
transaction listed in the periodic statement for your account, we must hear
from you no later than sixty (60) days after we send you the applicable
periodic statement for your account that identifies the error. You must: 1.
Tell us your name;
2. Describe the error or the
transaction in question, and explain as clearly as possible why you believe it
is an error or why you need more information; and,
3. Tell us the dollar amount of
the suspected error.
c. If you tell us orally, we may
require that you send your complaint in writing within ten (10) Business Days
after your oral notification. Except as described below, we will determine
whether an error occurred within ten (10) Business Days after you notify us of
the error. We will tell you the results of our investigation within three (3)
Business Days after we complete our investigation of the error, and will
correct any error promptly. However, if we require more time to confirm the
nature of your complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide to do this, we
will provisionally credit your Eligible Transaction Account within ten (10)
Business Days for the amount you think is in error. If we ask you to submit
your complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your Eligible Transaction
Account. If it is determined there was no error we will mail you a written
explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our investigation.
We may revoke any provisional credit provided to you if we find an error did
not occur.
27. Intellectual Property. All
marks and logos related to the Account to Account Transfer 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 Account to Account Transfer Service or display them
in any manner that implies our sponsorship or endorsement. All right, title and
interest in and to the Account to Account Transfer Service, the portion of the
Site through which the Account to Account Transfer Service is offered, the
technology related to the Site and Account to Account Transfer 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 Account to Account Transfer 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.
28. Links and Frames. Links to
other sites may be provided on the portion of the Site through which the Account
to Account Transfer 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 Account to Account Transfer 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.
29. Password and Security. If you
are issued or create any password or other credentials to access the Account to
Account Transfer Service or the portion of the Site through which the Account
to Account Transfer 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 Account to Account
Transfer Service without your consent, you must inform us at once at the
telephone number provided in Section 12 (Notices to Us Regarding the Account to
Account Transfer Service) above. See also Section 20 (Your Liability for
Unauthorized Transfers) above regarding how the timeliness of your notice
impacts your liability for unauthorized transfers.
30. Amendments. We may
amend this Agreement and any applicable fees and charges for the Account to
Account Transfer 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 Account to
Account Transfer 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 Account to Account Transfer 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 Account to Account Transfer Service, and/or
related applications and material, and limit access to only the Account to
Account Transfer Service’s more recent revisions, updates, upgrades or
enhancements.
31. 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 Account to Account Transfer
Service. We do not have control of, or liability for, any products or services
that are paid for with our Account to Account Transfer Service. We also do not
guarantee the identity of any user of the Account to Account Transfer Service
(including but not limited to recipients to whom you send transfers).
32. 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.
33. 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 Account to Account Transfer 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 Account to Account Transfer Service for any reason or no reason and at any
time. The remedies contained in this Section 33 are cumulative and are in
addition to the other rights and remedies available to us under this Agreement,
by law or otherwise.
34. Disputes. In the
event of a dispute regarding the Account to Account Transfer Service, you and
we agree to resolve the dispute by looking to this Agreement.
35. 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.
36. 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 35
(Arbitration) 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 35 (Arbitration) of this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement. 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.
37. 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 Account to Account
Transfer Service.
38. 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 Account to Account Transfer 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.
39. 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.
40. Exclusions of Warranties. THE SITE
AND ACCOUNT TO ACCOUNT TRANSFER 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 ACCOUNT
TO ACCOUNT TRANSFER 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.
41. 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 ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION
OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU
ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER
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 ACCOUNT TO ACCOUNT TRANSFER 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 ACCOUNT TO ACCOUNT TRANSFER 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 ACCOUNT TO ACCOUNT TRANSFER SERVICE OR
THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER 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 ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE
PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS
OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR
ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 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.
42. 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 Account to
Account Transfer Service and the portion of the Site through which the Account
to Account Transfer
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 4, 12, 13, 21, 22, 27 and
32-42 of the Agreement, 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.