FORT MCCLELLAN CREDIT UNION
ELECTRONIC SERVICES TERMS AND CONDITIONS
ONLINE SERVICES AGREEMENT
This Online Services Agreement ("Agreement") governs the Online Services (as defined herein) described in this Agreement. This Agreement is in addition to any agreement (including related fee schedules and disclosures) governing a Fort McClellan Credit Union Account (as defined herein) linked to the Online Services, including the Membership and Account Agreement. For example, if a Fort McClellan Credit Union checking Account is linked to the Online Services, your use of the Online Services does not affect the terms and conditions of the Account agreement for that checking Account. You should review each Account agreement for any applicable fees, limitations on the number of transactions you can make, and other terms or conditions that might impact your use of the Online Services. This Agreement is also in addition to the Electronic Fund Transfers Agreement and Disclosure you received when you first opened a Fort McClellan Credit Union Account (for Consumers and Businesses). Because certain transfers of funds initiated through the Online Services for the purpose of ordering, instructing, or authorizing a debit or credit to an Account are “electronic fund transfers”, the terms and conditions of the Electronic Fund Transfers Agreement and Disclosure are hereby incorporated by reference into this Agreement. The Electronic Fund Transfers Agreement and Disclosure contains important provisions that govern certain types of transactions that are featured in the Online Services described in this Agreement, including: your liability for unauthorized electronic fund transfers; the telephone number and address of the contact to be notified when you believe that an unauthorized electronic fund transfer has been made; limitations on the frequency of certain transfers; a summary of your right to receipts, periodic statements and notices regarding preauthorized transfers; a summary of your right to stop payment of a preauthorized electronic fund transfer and the procedure for doing so; our liability for failure to make or to stop certain transfers; and information regarding the resolution of errors. The terms of the Electronic Fund Transfers Agreement and Disclosure apply to you only to the extent that your Account(s) are primarily for personal, family, or household use. The terms of the Electronic Fund Transfers Agreement and Disclosure do not apply to you if your use of the Online Services is for non-consumer purposes or if the transactions are not covered by the Electronic Fund Transfer Agreement and Disclosure or by the implementing Act. A copy of Fort McClellan Credit Union’s current Electronic Fund Transfers Agreement and Disclosure may be found at www.fortmcclellancu.org. If there is a direct conflict between this Agreement and the terms of the Membership and Account Agreement or the Electronic Fund Transfers Agreement and Disclosure, the Membership and Account Agreement or the Electronic Fund Transfers Agreement and Disclosure shall control.
Please read this Agreement carefully. If you agree with the terms and conditions described herein, type the word “Yes” on the registration page, click “Agree”, or affirm by whatever means required at that particular time. Otherwise click “Cancel.” Please keep a copy of this Agreement for your records. You may access a copy of this Agreement at any time by visiting www.fortmcclellancu.org.
By accepting any Security Code (as defined herein), or by using (or allowing another person to use) the Online Services, you agree to the terms and conditions of this Agreement. If you use the Online Services after the effective date of any change or modification to this Agreement or prior agreements, your use indicates that you agree with the change(s).
SECTION I: GENERAL TERMS
"You" or "Your" means the member, any representative of the member, or each person who is authorized or otherwise allowed to use any of the Online Services.
“We," "us," "Fort McClellan," “Credit Union,” and "our" means or refers to Fort McClellan Credit Union and any predecessor, subsidiary, affiliate, agent, independent contractor, vendor, or assignee that we may involve in the provision of the Online Services.
“Online Services” refers collectively to the services, features and functions offered through Online Banking and Mobile Banking, such as Bill Payment, Money Manager, Remote Deposit Capture, e-Documents, alerts, and other features or services we may offer from time to time. It also includes use of our Website and social media platforms.
“Online Banking” means the part of our Online Services, accessible from www.Fort McClellancu.com, that provide online banking.
“Mobile Banking” refers to the mobile software application designed for compatible mobile devices, such as your mobile phone or tablet, which allows you to perform certain functions.
“Bill Payment Service” means the part of the Online Services in which you direct us to make payments from your Account(s) to a Payee. You may access our Bill Payment Service through both Online Banking and Mobile Banking.
"RDC," “RDC Service(s)” or "Remote Deposit Capture" means the part of the Online Services whereby members or their authorized users using Mobile Banking, may take pictures of a check with their mobile device and transmit images of the Checks (or data extracted from such Checks) through the RDC software for deposit into designated deposit Accounts at Fort McClellan.
"Payee" means any person or entity to which you direct a payment through the Bill Payment Service.
“Account” means each of your Fort McClellan Credit Union Accounts that are linked to the Online Services.
“Security Code” is your identification code (or other security technique) for your use of the Online Services, and as more particularly defined in the section titled “Security and Privacy” below.
“Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank; and does not include a non-cash item payable in a medium other than United States dollars.
"Consumer" means a natural person who establishes an Account primarily for personal, family or household purposes.
In order to use the Online Services, you must (i) have access to both a computer (including any necessary related equipment and software) and the Internet (including telecommunications service, a Web browser with standard features, and the ability to receive e-mail at a designated e-mail address), (ii) enroll for, and maintain enrollment in, Online Banking, (iii) download the appropriate mobile banking application (if you plan to use the Mobile Banking), (iv) accept these and all other applicable terms and conditions. You must keep your share Account open with us in order to use the Online Banking Services.
To enroll in Online Banking, you must identify your relationship with Fort McClellan as well as provide your mobile phone number. The mobile phone number’s verification is done utilizing a verification code through SMS message, which is then entered into the Website. Additionally, you may select the type of alerts and other preferences which will determine, together with your Account data, the frequency of Alerts delivered to you. This program will be ongoing. Standard messaging and data rates may apply. You can opt-out of this program at any time.
From time to time, we may add Online Services, eliminate Online Services, or otherwise modify the terms or features of any Online Services. When we make any such change, we may make available online terms for that Online Service, and the new or modified online terms for that Online Service will become part of this Agreement. Not all the Online Services may be available for or applicable to all types of Fort McClellan Credit Union Accounts. Fort McClellan, in its sole discretion, will determine the specific types of Fort McClellan Credit Union Accounts for which any particular Online Service is available or applicable, as well as the terms on which each Online Service is made available or applicable to any specific type of Account. For example, we may determine that transfers cannot be made from certain credit Accounts that may be linked to the Online Services. From time to time, we may change the types of Fort McClellan Credit Union Accounts for which any particular Online Service is available or applicable. We reserve the right, to the fullest extent permitted by law, to refuse to make any particular Online Service available or applicable to any of your Accounts, even though the Online Service is available or applicable to Fort McClellan Credit Union Accounts that are the same type of Account as your Account.
You agree the services available are listed in the most recently dated Online Banking brochure. You understand Online Banking may be used to, among other things, transfer funds between certain Accounts, withdraw funds from certain Accounts, make advances under certain Accounts, make payments to certain Accounts, review Account transaction history, submit credit applications, and check reorders. For any transaction which initiates a withdrawal or loan advance to be sent to you, we will mail the sum requested (generally within two business days following the request) by way of a draft made payable to you to the most recent mailing address listed on the Account. The available services are subject to change at any time without prior notice to you. When using our current Online Banking, your transactions will not be “live” i.e., your communication may be reviewed by us later. You agree that all Account transactions and some other services requested through the Internet is a batch processing system, not “live” real time transactions.
SECTION II. ONLINE SERVICES
You may use Online Banking and Mobile Banking to view the balance and recent activity in your qualifying Accounts (“Online Account Information”). Online Account Information that is available to you may vary depending on whether you access this Online Service through Online Banking or through Mobile Banking. Online Account Information is provided as a convenience to you for tracking purposes only. The Online Account Information provided may differ from your records because it may not include deposits in process, outstanding checks, withdrawals, payments, fees, or charges. In addition, the transaction history may be limited to a particular number of days. For example, only transactions for the past two years may be available on Mobile Banking. Fort McClellan does not guarantee either (i) the availability or accuracy of any Online Account Information, (ii) the accuracy of the auto categorize option; or (iii) your ability to download and/or store any Online Account Information. We will not be liable for damages of any kind arising from (i) your inability to access any Online Account Information, (ii) inaccurate content in, or your use of or reliance on the contents of any Online Account Information, or (iii) your inability to download and/or store any Online Account Information.
You may use Online Banking and Mobile Banking to transfer funds from one authorized Account to another, including loan Accounts. You may also transfer funds between Accounts held at other financial institutions and authorized Accounts or loans at Fort McClellan (“External Transfers”). Do not initiate a transaction if you have or expect to have insufficient funds to cover the transaction(s). It may result in additional fees, as disclosed on our Truth in Savings Disclosure, loan or deposit agreements/disclosures, or other fee schedule applicable to you. Do not count on overdraft services, courtesy pay or other sources to be available to cover your transfers. Fort McClellan, in its sole discretion, may designate both the specific types of Accounts to and from which transfers are permitted to be made and the kinds of transfers that may be made. From time to time, we may change this designation for any type of Account.
Your ability to transfer funds from certain Accounts may be restricted or limited by us, by either federal law or the terms of your Account. For all applicable savings, club, and money market Accounts, you may make no more than six (6) transfers from your Account to another Account of yours in any month. If you exceed these limitations, your Account may be subject to a fee or be closed.
You may use Online Banking to set-up recurring transfers. Be sure to schedule your transfer several days before your intended transfer date. If transfer is scheduled on the day of intended transfer, the transfer may not be made until the next business day.
You may use Online Banking and Mobile Banking to set up External Transfers, which are transfers between us and another domestic financial institution. Be sure to provide the correct routing and Account information; otherwise, we will be unable to complete your transfer, or we will reverse the transaction. For outgoing transfers, if your available balance is not sufficient to cover the transaction, then, we may at our option cancel not only that transfer, but all scheduled transfers occurring in the future.
In addition: (i) we reserve the right, without liability, to unilaterally reject or reverse a transfer if you fail to comply with any term of this or any other Agreement, or if your Account balance with Fort McClellan or another financial institution is insufficient; (ii) if you do not have sufficient funds in the Account or Account at another financial institution and we have not exercised our right to reverse or reject a transfer, you agree to pay on demand for such payment obligations and any related fees; (iii) you further agree that we, at our option, may charge any of your Accounts to cover such payment obligations and any related fee; (iv) we may refuse to honor any transfer requests that reasonably appears to us to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and we shall have no liability for its refusal to honor these transfers; (v) for security reasons, we may impose limits or restrictions on the number, availability, and dollar amount or types of transfers that you can make using the Online Services.
You agree we accept no responsibility for equipment failure or damage, computer viruses, or software damage which may occur as a result of your use of Online Banking. Even though we believe that Online Banking will prove to be reliable, the system may not operate properly at all times. We, therefore, do not promise that Online Banking will always be available for your use. You will not attempt to make a transfer when the system tells you, or other circumstances give you reason to believe that the system is closed or is not operating due to a technical malfunction or is otherwise unable to initiate the transaction you desire.
Our Bill Pay Service allows you to direct us to make payments from your Account(s) to a Payee using Online Banking and Mobile Banking.
3(a). Limitations: The following are limitations of the Bill Pay Service: (i) You may not make a payment in any currency other than U.S. dollars; (ii) payments to Payees outside of the United States or its territories are prohibited; (iii) for security reasons, we may impose limits or restrictions on the number and dollar amount or types of transactions that you can make using the Bill Payment Services; and (iv) we may refuse to honor any payment requests that reasonably appears to us to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and we shall have no liability for its refusal to honor these payment requests. There may be additional limitations described throughout this Agreement, and your ability to initiate transactions may be governed by the terms of other agreements you have with us or as described in our Membership and Account Agreement, our Electronic Fund Transfers Agreement and Disclosure, other agreements, or other disclosures we have made to you, or by applicable law. You agree to abide by and be bound by all applicable limitations.
3(b). Payment Processing: We may, at our discretion, remit payments initiated by you by mailing your Payee a check drawn on your Account, by electronic funds transfer, or by other means. If we elect to remit a payment by check, you authorize us to execute checks drawn on your Account for the purpose of making payments to your Payees initiated through the Bill Payment Service notwithstanding any resolution, signature card, or other document filed with us that purports to limit authority over any of your Accounts, whether currently on file or submitted or modified in the future.
3(c) When your payment is processed: a payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled exclusively by CheckFree is currently 10pm CT.
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. You may not designate a non-business date (generally weekends and certain holidays) as the payment’s process date.
You may not select a processing date more than 90 days in advance.
3(d) Timing of Your Payments: Based on the time required to transmit your payment to your Payees, the Payees generally will not receive Payment on the processing date, but generally up to five (5) business days later. Therefore, to provide sufficient time for payments to be received by your Payees, we recommend that you plan accordingly, and allow ample time for your payments to reach your Payees. You hereby authorize us to withdraw the funds immediately from your Account, even though such payment is not remitted until a later date.
3(e) Cancellation of a Payment: In Mobile Banking, you may cancel a bill payment only if the payment appears under the “Scheduled Payments” section of the App. In Online Banking, you may change or cancel a bill payment only if the payment still appears as an unprocessed transaction.
3(f) Available Funds: You agree not to use or attempt to use the Bill Payment Services to overdraw any Account or to engage in any transaction that is not specifically authorized and permitted. Do not initiate a transaction if you have or expect to have insufficient funds to cover the transaction(s). Such actions may result in additional fees.
If you initiate a transaction when there are, or you expect to have insufficient funds to cover the transaction, Fort McClellan may pay the amount and treat the transaction as a request to transfer funds from other deposit Accounts, approved overdraft protection Accounts, or loan Accounts that you have established with Fort McClellan, or courtesy pay. Fort McClellan does not guarantee the payment of transactions that overdraw the Account. If you initiate a transaction that overdraws your Account, you agree to make immediate payment of any overdrafts together with any service charges to Fort McClellan. In the event of repeated overdrafts, the Credit Union may terminate all Online Services under this Agreement.
3(g) Stale-dated Checks: Paper checks that are issued to Payees may become void after a reasonable amount of time has lapsed. We shall have the right, at our option and without notice to you, to pay or not pay any such check that is not presented to us for payment within 120 days after the issue date on the check. Unless you have closed your Account, the amount of the stale-dated check will be credited back to your Account from which the funds were drawn, and the check will become void.
3(h) Returned Payments: You understand that a Payee’s financial institution may return a bill payment for various reasons, such as an invalid Account number. We will use our best efforts to research and correct the returned bill payment or void the returned bill payment and credit your Account.
3(i) Payees: For security purposes, you are not allowed to create or edit new Payees using Mobile Banking. You must add, modify, or delete Payees using Online Banking. The changes you make will appear on Mobile Banking after we have had a reasonable amount of time to process them.
On Online Banking, you must provide sufficient information about each Payee, as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct Account to credit with your Payment. This information may include, among other items, the name and address of the Payee and your Payee Account number. You are responsible for ensuring that the Payee information you or we provide is current, accurate, and complete, and you assume responsibility for any transaction error that results from stale, inaccurate, or incomplete Payee information furnished or entered into the online service by you. Furthermore, we reserve the right to refuse the designation of a Payee for any reason.
3(j) Errors: You agree to notify Fort McClellan of any suspected errors without delay, and in no event later than the time stated in the Membership and Account Agreement or our Electronic Fund Transfers Agreement and Disclosure (if the latter applies to you). To the fullest extent allowable by law, unless you notify Fort McClellan within the correct time, all transactions made through the Bill Payment Service shall be deemed correct, and you are prohibited from bringing a claim against Fort McClellan for such alleged error.
3(k) Persons Designated to Use Bill Payment Services for Businesses: This subsection 3(k) applies only to business members (non-consumers). When enrolling for the Bill Payment Service, you must designate a single “Primary Administrator” to administer your use of the Bill Payment Service. The Primary Administrator must be a person authorized to have complete authority over and to make all decisions with respect to the Account(s).
The Primary Administrator will have full access to the Bill Payment Services and to the Account(s) and will have the ability to set up one or more “Secondary Users” who will have access to all or any part of the Bill Payment Services and Accounts. Please be aware that Secondary Users may be individuals who are not listed, or have limited powers, on the Account card(s) associated with the Account(s).
The Primary Administrator and each Secondary User will have separate Security Codes. You understand and acknowledge that when the Primary Administrator authorizes access to a Secondary User, the Secondary User will not only be allowed to view all the Accounts, but also allowed to make transfers and bill payments, create Payees, and view Account balances, check images, online statements, and online notices for any Account linked to the Bill Payment Service. You understand, acknowledge, and agree that Secondary Users may have full access to funds in the Accounts linked to the Bill Payment Services, despite the fact they may not be listed, or have limited powers, on the Account card.
Adding, modifying, or deleting Secondary Users in the system will not add, modify, or remove them on the business Account card. Likewise, adding, modifying, or deleting authorized users on the business Account cards will not add, modify, or remove Secondary Users in the system. Please visit one of our branches or call us if you would like to remove an individual from a business Account card.
You agree that we are entitled to rely on and deem the use of your Security Codes to gain access to the Online Services as your authorization for every transaction involving any Account until you have notified us of any possible unauthorized use or transactions. Neither we nor any of our service providers or affiliates will have any liability to you for any unauthorized bill payment, payroll distribution, or customer invoice made using your Security Codes that occurs before you have notified us of possible unauthorized use, and we have had a reasonable opportunity to act on that notice. Authorization of payroll distributions, customer invoices or bill payment requests through the Services by means of your Security Codes shall be considered the same as your signed authorization and instruction for us to perform any and all actions relating to the requested transaction. You agree to be bound by any transaction on any of your Accounts that is initiated by means of your Security Codes and accepted by us in accordance with this Agreement or disclosed to you online, regardless of whether you actually authorized the transaction.
3(l) Business Use of Bill Payment Services: This subsection 3(l) applies to business members only. You acknowledge and agree that your Accounts are established primarily for purposes other than personal, family, or household use. Your representation (when you open an Account) that an Account is a business Account is binding and conclusively establishes the non-consumer nature of the Account. Accordingly, the provisions of the Electronic Fund Transfer Act, as amended, Regulation E, as amended, the Electronic Fund Transfers Agreement and Disclosure, and any other laws or regulations intended for the protection of or governance of transactions involving consumers or consumer Accounts do not apply to transactions affecting your Accounts.
Your enrollment in Fort McClellan Online Banking and/or Mobile Banking application includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Fort McClellan Account(s). This Online Service has the capability of providing e-mail or text Alerts of certain Account information, such as Alerts for large dollar withdrawals, automatic deposits, or the availability of new documents. In addition, Alerts provide Account balances and past due reminders. We may add new Alerts from time to time or cancel old alerts with or without notice to you. Fort McClellan reserves the right to terminate its Alerts service at any time without prior notice to you.
We transmit Alerts to you either by text message, e-mail, or both. While Fort McClellan does not charge for the delivery of the Alerts, please be advised that text or data charges or rates may be imposed by your carrier. You agree you are responsible for all charges assessed by communications companies, local and long-distance telephone companies, online service providers, or other related companies. You understand we currently do not charge a fee for access to the Mobile Banking application but may at a later date. You agree to receive Alerts and it is your responsibility to ensure that the mobile phone and e-mail service providers used to support the Alerts service. Alert frequency varies by Account and preferences.
Account Alerts are one-way communications from us to you. An electronic message or reply sent by you through this Online Service will not be received by us. No action will be made on any electronic message you send to us through this Online Service. To the extent any other agreement between you and us requires you to deliver written notice to a particular address regarding any matter, you agree that these provisions regarding the use of this Online Service do not displace or modify any such requirement for a written notice, and you agree to comply with any requirement for a written notice without reference to these provisions.
Alerts are provided within the following categories:
You acknowledge that the mobile number you provide is registered in your name. You agree to provide your correct e-mail or text number. If your e-mail address or your mobile device's number changes, you understand that it is your sole responsibility to modify your contact information on the site or cancel this Online Service. If we are notified by a carrier or the new owner of your old number that you have changed or given up your mobile number, we may unsubscribe you from the alert service until you provide us with correct information. If Fort McClellan is not notified of your e-mail or mobile device number change, and personal information is received and/or used by another person, Fort McClellan is not held liable.
You understand and agree that your Alerts may be delayed or prevented by a variety of factors. We do our best to provide Alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any Alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance of an Alert.
Because Alerts are not encrypted, we will never include your passcode or full Account number. However, Alerts may include your name and some information about your Accounts. Depending upon which Alerts you select, information such as your Account balance or the due date for your loan payment may be included. Anyone with access to your e-mail or mobile device will be able to view the contents of these Alerts.
We will never ask you for your online ID or passcode under this Online Service. If you receive such an e-mail or text message, you agree to immediately report it to us. If an e-mail or text message requesting your online ID, passcode, or any other personal information is not reported to us, Fort McClellan is not held liable for any information that may be given by you or someone else with access to your e-mail or mobile device. If personal information is given in response to an e-mail or text requesting your online ID, passcode, or any other personal information, by you or someone else with access to your e-mail or mobile device, Fort McClellan is not held liable.
In the event you receive information from us via e-mail or text that you believe is intended for another recipient, you agree to report the erroneous message to us, and thereafter delete the information from your computer or device. You shall not use the information for any personal or commercial purposes. Fort McClellan is not liable if you do not comply.
In the event that you believe that an unauthorized person has gained access to your computer or device, you agree to immediately notify us so that we can cease communication of information to you via e-mail or text until you and we take measures agreed to jointly to protect your financial information.
To stop Alerts via text message, text "STOP" to 25215 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again.
Having acknowledged the risks associated with communicating financial information via e-mail or text, you (i) release us from any claim or liability arising from or in connection with any communications sent or received using the Service, and (ii) agree to indemnify and hold harmless us from all claims, losses, expenses, or liability arising in any way out of or connected in any way with the use of this Online Service as contemplated by this Agreement.
You may use Mobile Banking and Online Banking to send and receive electronic messages to and from Fort McClellan representatives. You cannot use the Message section to make a payment, Account inquiry, or funds transfer. There may be other limitations to your use of electronic messaging from time to time in effect. To the extent any other agreement between you and us requires you to deliver written notice to a particular address regarding any matter, you agree that these provisions regarding the use of the message system do not displace or modify any such requirement for a written notice, and you agree to comply with any requirement for a written notice without reference to these provisions regarding the use of the message center.
You can contact us at email@example.com or (800) 642-1220 or during normal business hours at (256) 237-2113 or send a text message with the word “HELP” to this number: 25215. We can answer any questions you may have about the Mobile Banking application. Standard message and data rates may apply.
To stop the messages from coming to your phone, you can opt-out of the program via SMS. Just send a text that says “STOP” to this number: 25215. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
Fort McClellan will accept computer messages from you using Online Banking, requesting the Credit Union to process transactions as permitted under this Agreement or as may be provided in the future. You agree Online Banking service requests received after 3pm CT generally will not be processed until the next business day. We will end Online Banking acknowledgements when your request(s) has been completed (generally within one business day) or if additional information is needed to complete your request.
This section of the Agreement applies to you only if you registered and enrolled in our e-Documents Service, found within Online Banking.
We will provide you with electronic versions of certain Communications (as defined below) relating to your deposit Accounts, credit card Accounts, loans, membership, or other products or services. You agree and understand that paper Communications will discontinue as soon as you complete your enrollment. Your consent will apply to any other person named on your Account, product, or service. In addition, it will apply automatically to current and future share Accounts you establish with us, under the same Account number.
6(a) Types of Communications You Will Receive Electronically: When you enroll, you consent to our electronic delivery of the following items (“Communications”):
6(b) Requesting Paper Copies of Communications after Consent: When you use the service, and upon your request, we will provide you with a paper copy of any Communication provided electronically by us to you, provided we receive your request within twelve (12) months after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at 1 (800) 642-1220, by sending a message to us via the messaging service on Online Banking, or by visiting a branch. A fee may apply.
6(c) Withdrawal of Consent: Subject to applicable law, you may withdraw your consent for free by calling 1 (800) 642-1220, or by sending a message to us via our messaging service within Online Banking. We cannot accept verbal request to stop the delivery of electronic Communications in our branches. Your request to revoke the e-Documents Service must be received at least ten (10) days prior to the end of the statement cycle to receive a paper statement for the current statement period.
6(d) Hardware and Software Requirements: You will need (i) a computer or mobile device with an operating system, such as Windows, Macintosh, iOS or Android; (ii) an internet browser with the latest version of Microsoft Internet Explorer (at least 9.0 or higher), the latest version of Safari, the latest version of Firefox, or the latest version of Chrome; and (iii) Adobe Acrobat Reader (available for free at www.adobe.com). To print or download electronic Communications you must have a printer connected to your computer or device, or sufficient hard-drive or other storage space to store the electronic Communications.
If there is a change in the hardware/software requirements associated with this service, we will notify you and provide an explanation of the updated hardware/software requirements associated with this Online Service.
6(e) Delivery of Communications: We will provide Communications to you electronically by posting them within Online Banking. Although we will endeavor to provide you with an e-mail notification, you acknowledge and agree that it is your responsibility to access the electronic Communications as they are posted within Online Banking. It is your responsibility to download, print, or retain electronic Communications for your records before they become unavailable.
We reserve the right to, and you agree that we may, provide you with electronic Communications via e-mail transmitted to your e-mail address instead of posting them within Online Banking.
Notwithstanding any other term in this section, we reserve the right to provide you, or require you to provide us, with a written or paper version of any Communication.
6(f) Updating Your Contact Information: You agree to notify us if your e-mail address changes. You may contact us by calling 1 (800) 642-1220, by writing to us at Attn: Member Services, 1010 Golden Springs Rd Anniston AL 36207, or by sending a message via our messaging service on Online Banking. If we send you an e-mail and it is returned undeliverable, we will attempt to send the e-mail again to the e-mail address you have provided us. If the e-mail is returned a second time, your participation in this e-Documents Service will be discontinued and subsequent communication will be distributed in paper form through regular mail to our address on file.
You may update or change your address, e-mail, and phone numbers using Online Banking and Mobile Banking. Any change you initiate through this service will change your official membership record. For security purposes, you agree that we may send confirmation of any changes you make to your contact information (via e-mail or text) to your old Account address. Anyone that you authorize to access your Account(s) on Mobile or Online Banking, such as joint owners, friends, family, or representatives, may change your profile, passwords, usernames, and addresses. You are solely responsible for their actions.
8(a) Eligibility: Your access to the RDC Service is subject to our approval and its availability in your area and is only available for use through Mobile Banking. Not all Accounts are available to use with the RDC Service. You must continue to qualify for the RDC Service, and we reserve the right to change the qualifications at any time without prior notice to you. Furthermore, you must maintain with Fort McClellan at least one deposit Account for the purpose of providing available funds, and for deposit of received funds in connection with the use of the RDC Services.
Qualifying factors include but are not limited to: (i) the overall Account must be in good standing and have an active checking Account, (ii) no more than two (2) NSFs in a six-month period at initial sign up for this service, and (iii) the member cannot have had a checking Account charged off (on the system) with the credit union in the past.
8(b) Equipment and Software: You understand that, at your sole cost and expense, you must use a compatible mobile device that meets all technical requirements for the proper delivery of the RDC Service. You are responsible for purchasing, leasing, installing, operating, and maintaining your mobile device as specified by Fort McClellan. From time to time, we may impose mandatory hardware or software upgrades or other maintenance routines, and you agree to abide by such requirements at your expense.
8(c) Eligible Checks: You agree to scan and deposit only eligible Checks.
You agree that you will use the RDC Service only to scan and transmit images of “checks”, as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System (“Reg CC”), for a deposit to your Account. You agree that the image of any check that is transmitted via the RDC Service shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text).
You further agree that you will not transmit for deposit any of the following types of Checks or other items which shall be considered prohibited items:
We reserve the right to charge back to your Account at any time, any item that we subsequently determine was not an eligible item. You agree that Fort McClellan is not liable for any loss, costs, or fees you may incur as a result of our charge back of an ineligible item.
If you deposit a prohibited Check, you agree to indemnify and reimburse Fort McClellan for, and hold Fort McClellan harmless from and against, any and all losses, costs, and expenses (including, but not limited to, reasonable attorneys’ fees).
8(d). Endorsements and Procedures: In order for a Check to be processed for deposit, you must restrictively endorse the Check in the proper location on the back with the following words: “For Mobile Deposit Only to Fort McClellan Credit Union, Account #________” (or as otherwise instructed by Fort McClellan), followed by your signature. After confirmation of our acceptance of an item, you agree to mark the original Check “Processed” or “Scanned”.
8(e). Transmission of Checks: We are not responsible for files, Checks, items, data, or images that are lost, stolen, or intercepted during transmission.
8(f). Image Quality: The image of a Check transmitted to Fort McClellan using the RDC Service must be legible, as determined in Fort McClellan’s sole discretion.
8(g). Acceptance of Checks: Checks are not considered received by us until we have confirmed receipt of them in the system, or in your official periodic statement. Receipt of an item does not constitute an acknowledgement by us that the Check will pay, is error-free, or that we will be liable for the item. In addition, you acknowledge and agree that we may reject, in our sole discretion, any Check transmitted through the Services for remote deposit without notice to you, and we will not be liable for any such rejection. If we do not accept a Check for remote deposit, you must deposit the original Check by visiting our branch or by mailing the Check to us, pursuant to our procedures.
8(h) Availability of Funds: You agree that items transmitted using the RDC Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC or our Funds Availability Policy Disclosure. All checks deposited will be placed on an automatic four (4) business day hold. Check holds may be adjusted and even removed the same business day or the next business day after the Mobile deposit is made. The removal of holds is subject to the type of check, Account history, and time of day the deposit is made. You acknowledge and agree that Fort McClellan may make deposits available up to seven (7) business days from the day of deposit.
In general, if an image of an item is transmitted, received, and accepted for deposit before 4 pm CT on a business day that we are open, we will consider that day to be the day of your deposit. If you make a deposit after close of business or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
8(i) Retention of Items: Upon your receipt of a confirmation that we have received and accepted an image (or data extracted from the Checks) that you have transmitted through the RDC Service, you agree to retain the Check(s) for at least thirty (30) calendar days from the date of the image transmission (“Retention Period”). After the Retention Period, you agree to destroy the Check(s) that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During this Retention Period, you agree to store original Check(s) in a safe and secure environment and implement appropriate security measures to ensure that during the Retention Period: (i) only authorized persons shall have access to original Check(s); (ii) the information contained on such original Check(s) or on any corresponding imaged items are not disclosed to third parties; (iii) such Check(s) will not be duplicated or scanned more than one time; and (iv) such Check(s) will not be deposited or negotiated in any form. In addition, during the time the retained Check(s) is available, you agree to promptly provide it to Fort McClellan upon request.
You further agree to indemnify and reimburse Fort McClellan for, and hold Fort McClellan harmless from and against, any and all losses, costs, and expenses (including, but not limited to, reasonable attorney’s fees) Fort McClellan may incur relating to your failure to implement and exercise the foregoing security and internal controls.
8(j) Deposit Limits: You acknowledge and agree that Fort McClellan, in its sole discretion, may establish limits on the dollar amount (e.g., per item and per day) that you may submit for deposit through the RDC Service. In addition, Fort McClellan may establish the maximum number of Checks that may be scanned per day. We may raise or lower any limit, and we may implement additional restrictions in our sole and absolute discretion.
8(k) Minimum Balance: You may be required to maintain a minimum balance or reserve at Fort McClellan. Fort McClellan shall determine the minimum balance or reserve amount in its sole discretion. You acknowledge and agree that Fort McClellan may transfer any required reserve to a Fort McClellan Account for exclusive use by Fort McClellan, or Fort McClellan may hold or freeze a comparable amount in your Account. Your obligation to maintain a minimum balance or reserve shall survive the termination of this Agreement, with such obligation lasting until all your obligations under this Agreement have been fully offset.
8(l) Errors: You agree to notify Fort McClellan of any suspected errors regarding items accepted for deposit by Fort McClellan through the RDC Service without delay, and in no event later than the time stated in the Membership and Account Agreement. To the fullest extent allowable by law, unless you notify Fort McClellan within the correct time, all deposits made through the RDC Service shall be deemed correct, and you are prohibited from bringing a claim against Fort McClellan for such alleged error.
8(m) Security and Internal Controls: You agree to the following: (i) take reasonable steps to safeguard original Checks; (ii) keep Checks in a safe and secure area; (iii) limit access to original Checks and to the information contained on such Checks; (iv) limit access to your mobile device; (v) prohibit sharing of, and access to, user ids and passwords; (vi) immediately contact Fort McClellan if security of the system and/or original Checks is breached in any way; (vii) maintain, secure access to the Internet; and (viii) comply with all other security procedures, as determined by Fort McClellan or its processor.
8(n) Cooperation: You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the RDC Service in your possession and your records relating to such items and transmissions.
8(o) User Warranties and Indemnification Relating to RDC: You warrant to Fort McClellan all the following:
To the fullest extent allowed by law, you agree to indemnify and hold harmless Fort McClellan from any loss relating to your breach of this warranty provision.
8(p). Interruptions and Upgrades: We do not warrant or represent that the RDC Service is error-free. You may experience technical or other difficulties while using the RDC Service. We will attempt to notify you of any outages, maintenance events, or other system interruptions by posting alerts on our Website or by sending you a text message. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
8(q). Availability of Accepted Check Images: You understand and agree that Checks (or images thereof) deposited through the RDC Service may not be available for later review on Online Banking.
8(r). Contingency Plan: You understand and agree that, in the event you are unable to use the RDC Service for transmission of a Check to us (for any reason, including, but not limited to, communication problems, equipment or software outages, termination of the RDC Service, interruptions or failures), your only recourse is to deliver the originals of all Checks to Fort McClellan by visiting one of our offices or mailing the Checks to our Member Services Department in accordance with our current policy or procedures.
8(s) Business RDC: For business members, you will execute a separate RDC agreement. Such agreement will be in addition to this Agreement.
You may activate, close, temporarily freeze/unfreeze, or report your card lost/stolen for one or more debit or credit cards using Online Banking. Freezing, closing, or reporting card lost/stolen will cause any new authorizations to reject for the card selected. If transactions are rejected as a result of freezing, closing or reporting the card lost/stolen, you may incur fees from those other entities. Blocking or closing your card or reporting your card lost/stolen will permanently deactivate your card and will require a new card to be requested with a new card number and expiration date.
Our fraud prevention systems may detect when you travel outside your home zip-code. It is possible that our systems will determine that charge(s) outside your home zip code are suspicious or unusual, and automatically decline the transaction(s). To avoid this inconvenience, you should notify us whenever you travel outside your home zip-code by using the FMCU MyCard Application, Virtual Branch messaging, or calling 256-237-2113. For US travel, these requests are processed immediately. International travel requests are processed within 2 hours of receipt during normal business hours Monday – Friday (excluding holidays). You agree to hold us harmless from liability resulting from any declined transactions.
The Card Controls feature is only available for debit cards issued by Fort McClellan that you register within the Mobile Banking application.
The Card Controls alerts and controls you set through use of the Mobile Banking application may continue to apply, even if you delete the Mobile Banking application or remove it from your mobile device. Please contact Fort McClellan to discontinue the alerts and controls.
Certain Card Controls functionality within the Mobile Banking application may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking application is installed or the location of the merchant where ethe card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
Card Controls may enable access to Fort McClellan and third parties’ services and web sites, including GS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto. Any password requirement for funds transfers or other transactions after valid authentication within the application may be disabled, modified, or otherwise configured to affect the balance between security and functionality. Any additional credential requirements subsequent to authentication are entirely optional and implemented at the discretion of the provider.
To the extent this Mobile Banking application allows you to access third party services, Fort McClellan, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
THE MOBILE BANKING APPLICATION, THE SERVICES, 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-FRINGMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APPLICATION OR THE SERVICES 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 TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APPLICATION AND THE SERVICES MAY BE DELAYE, INTERRUPTED, OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR 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 MOBILE BANKING APPLICATION, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APPLICATION OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE APPLICATION OR THE SERVICES OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING 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 LICENSORS AND CONTRACTORS 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 DAMGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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 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 state otherwise, all other terms of this Agreement shall remain in full force and effect.
FMCU MyCard – powered by Fiserv – helps you control your debit cards through your mobile device, making it easy to manage your finances on the go. FMCU MyCard allows you to: (i) turn your debit cards on and off; (ii) establish transaction controls for dollar amount limits, merchant categories, and geographic locations; (iii) receive alerts when your debit card is used, approved, or exceeds the transaction controls set by you; (iv) stay informed of potential fraud with alerts on attempted and declined transactions; and (v) get real-time balances for your Accounts.
Through your use of the FMCU MyCard App, we may collect personal information about you in the following ways:
10(a) Personal Information You Provide to Us: We may collect personal information from you, such as your first and last name, address, e-mail, telephone number, and social security number when you create an Account. We will collect the financial and transaction information necessary to provide you with the Services, including Account numbers, payment card expiration date, payment card identification, verification numbers, and transaction and payment history. If you provide feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. We also collect other types of personal information that you provide voluntarily, such as any information requested by us if you contact us via email regarding support for the Services.
10(b) Personal Information Collected from Third Parties: We may collect certain information from identity verification services and consumer reporting agencies, including credit bureaus, in order to provide some of our Services.
10(c) Personal Information Collected Via Technology: We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications, and other online services, such as:
10(d) How We Use Your Information Collected in the MyCard App: In general, we use your personal information collected through your use of the MyCard App to respond to your requests as submitted through the MyCard App, to provide you the services you request, and to help serve you better. We use your personal information, in connection with the MyCard App, in the following ways: (i) to facilitate the creation of, and secure and maintain your Account; (ii) to identify you as a legitimate user in our system; (iii) to provide improved administration of the Services; (iv) to provide the Services you request; (v) to improve the quality of experience when you interact with the Services; (vi) send you administrative e-mail notifications, such as security or support and maintenance advisories; and (vii) to send surveys, offers, and other promotional materials related to the Services.
We may also use your personal information to: (i) comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (ii) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (iii) audit our internal processes for compliance with legal and contractual requirements and internal policies; (iv) enforce the terms and conditions that govern the Service; and (v) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
The MyCard App may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services. We reserve the right to use and disclose non-identifiable information to third parties in our discretion.
10(e) Disclosure of Your Personal Information: We disclose your personal information collected through your use of the Services as described below:
10(g) Your Choices Regarding Your Information: You have several choices regarding use of information on the MyCard App.
Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise its policy on responding to these signals.
You can access, update, or correct your information by changing preferences in your Account. For additional requests, please contact us at (256) 237-2113.
If you have signed-up to receive our e-mail marketing communications, you can unsubscribe any time by clicking the "unsubscribe" link included at the bottom of the e-mail or other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us at the contact information under "Contact Us" below. If you provide your phone number through the MyCard App, we may send you notifications by SMS, such as to provide a fraud alert. You may opt out of SMS communications by unlinking your mobile phone number through the MyCard App.
If you initially consented to the collection of geo-location information through the MyCard App, you could subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some features of the MyCard App.
10(h) Safeguards and Retention: We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.
10(i) A Note About Children: The MyCard App is not directed towards individuals under the age of 18, and we do not, through the App, intentionally gather personal information about visitors who are under the age of 18. If a child under 18 submits personal information to us through the App and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible. If this information cannot be deleted, we are not held liable.
SECTION III. OTHER TERMS
For some of the Online Services, you must purchase separately a compatible Web-enabled mobile device with a compatible operating system. The list of approved compatible devices is subject to change with or without notice. It is imperative that you install the latest version of your devices’ operating system, and the latest version of the Mobile Banking application.
You are responsible for the purchase, installation, maintenance and operation of your computer, mobile device, and any software. We will not be responsible for any errors or failures involving any cellular service, Wi-Fi service, Internet service, software installation or malfunctions of your computer or mobile device and related equipment. You agree and understand that the Online Services may not be accessible or may have limited utility over some mobile networks, such as while roaming or while in “dead zones”.
The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Financial Institution or any service provider Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s Account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other members of the Services or Software, or otherwise abuse the Services or Software.
You agree that Fort McClellan or its processor retains all ownership and proprietary rights in the Online Services, associated content, technology, and Website(s). Your use of the Online Services is subject to and conditioned upon your complete compliance 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.
You are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license to download, install and use the Mobile Banking application on your wireless device within the United States and its territories. In the event that you obtain a new or different wireless device, you will be required to download and install the Mobile Banking application to that new or different wireless device. This license shall be deemed revoked immediately upon (i) the termination of this Agreement in accordance with its provisions; (ii) your deletion of the Mobile Banking application from your wireless device; or (iii) our termination at any time which we may give with or without cause or notice. If this license is revoked for any reason, you agree to promptly delete the Mobile Banking application from your wireless device(s).
We may change or upgrade Online Banking, Mobile Banking, or the Online Services from time to time. In the event of such changes or upgrades, you are responsible for immediately upgrading your software, hardware, mobile device, or Mobile Banking application and making sure that you understand how to use the services as changed or upgraded. We will not be liable to you for any losses caused by your failure to immediately upgrade or use the Online Services, software, hardware, or your wireless device.
You understand that other agreements you may have with other service providers may charge fees, implement limitations, and apply restrictions which might impact your use of the Online Services (for example, your mobile service carrier or internet provider may impose data usage charges for your use of the Online Services, including internet access, receiving or sending e-mails or text messages/alerts, or use of your wireless device when using Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with the Online Services, you will contact us directly.
You agree that we shall not be liable for any delay in the performance or nonperformance of the Online Services (including bill payments, deposits, and transfers) resulting from any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any Act of God, war, epidemic, strike, lockout, riot, weather conditions, equipment failure or malfunction, material shortage, electrical power disruption or shortage, communication failure or any other condition or circumstance not within our reasonable control. In addition, we are not liable for slow communication speeds resulting from your or our communications provider.
You may terminate this Agreement by written notice to 1010 Golden Springs Rd Anniston, AL 36207 or by calling (256) 237-2113. We are not responsible for any transactions made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by us on your behalf. In addition, we reserve the right to suspend, revoke, refuse access to, or terminate the Online Services at any time, and for any reason (including your nonuse of the Online Services), with or without notice.
You represent that you are the legal owner of the Accounts and other financial information which may be accessed through the Online Services. If any of your Accounts accessed through the Online Services are joint Accounts, all joint owners, including any authorized users, Primary Administrators, and Secondary Users, shall be bound by this Agreement and, alone and together, shall be responsible for all transactions or other actions taken. Each joint owner, without the consent of any other Account owner, may, and is hereby authorized by every other joint Account owner, to make any transaction permitted by the Online Services. Each joint Account owner is authorized to act for the other Account owners, and Fort McClellan may accept orders and instructions regarding any transaction on any Account from any joint Account owner.
For general questions about the Online Services, call us at (256) 237-2113.
If you believe your Security Code has been lost or stolen or that someone has transferred or may transfer money from your Accounts without your permission, call:
1 (800) 642-1220
or write to:
Fort McClellan Credit Union
1010 Golden Springs Rd
Anniston AL 36207
Fax: (256) 469-2070
There may be fees associated with your access to certain Online Services. Please check our fee schedule or contact Member Services. You may incur charges to receive internet, cellular or other data service on your computer or mobile device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the Online Services. Please refer to Fort McClellan Credit Union’s fee schedule for other applicable credit union fees.
We may, at our discretion, deposit, transfer, pay a check, draft, or item, and execute other transactions on your Account in any order we choose. The order in which we process transactions may affect the total amount of overdraft fees that may be charged to your Account. Please contact us in writing if you have questions about how we pay checks or drafts and process transfers, deposits, and withdrawals.
SECTION IV: WEBSITE AND SOCIAL MEDIA
We provide the material contained on www.fortmcclellancu.org to provide information about our products to viewers, to provide services for our members to perform financial transactions, and to facilitate communication between us and members and viewers. You acknowledge and agree that we, our licensors, and our service providers own all rights to www.fortmcclellancu.org and the content thereon. You further acknowledge and agree that the Fort McClellan name and logo, all related product and service names, slogans, as well as other trade and service marks appearing on the Website are the property of Fort McClellan. You are not authorized to use our trademarks without our prior express written consent.
We will use our best efforts to maintain accurate and reliable information on the Website. However, we make no warranties or representations as to the accuracy of the information. Not all products and services described on our Website are available in all geographic areas, and the terms of certain products and services may vary depending on the geographic area.
For your convenience, links to other sites may be found on our Web pages. 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 Web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in such sites.
Fort McClellan Credit Union is committed to providing our members, including those with disabilities, full access to our facilities, products, and services. We continue to look for ways to enhance our facilities, services, and accommodations so that our member experience is consistent with Fort McClellan's Mission Statement. Please see our full accessibility statement on www.fortmcclellancu.org.
By accessing or using our Website or services, you understand and agree that Fort McClellan may collect and retain personal or other information about you or the device you use to access our site or services. We may use small text files called cookies to collect Website traffic data, make offers to you via online ads, e-mail, U.S. mail, or telephone. You may be able to set your browser to reject cookies but doing so may limit the functionality of our site on your computer or device.
In addition to our Website, from time to time we may post messages, special deals, pictures, financial blogs, news stories, or other information on certain social media platforms, such as Facebook®, Twitter®, Instagram® and LinkedIn®.
We are not responsible for the privacy or security policies or practices on any of the third-party Websites that Fort McClellan may link to. You should review the privacy and security practices of all such third-party Websites.
Any content you post, such as pictures, information, opinions, complaints, or any personal information is public, which means that anyone can see your posts. By posting on these platforms, you automatically and irrevocably grant and assign to Fort McClellan a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the material, including your consent to allow us to reproduce or publish the material.
Most of our social media sites are moderated by Fort McClellan employees. We’ll make every effort to respond in a timely manner; however, we can’t guarantee that we’ll read or reply to every comment. If you have a complaint, please contact Fort McClellan directly (using the methods disclosed herein) so that we may discuss your financial matters in private. We reserve the right to delete comments or posts that we deem abusive, inflammatory, untruthful, inaccurate, libelous, misleading, discriminatory, or otherwise inappropriate (as determined in our sole discretion).
Infringement on any party’s copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.
SECTION V: SECURITY AND PRIVACY
You will be provided an identification code for your use of the Online Services, or you may be required to select or create one or more alphanumeric codes, images, phrases, questions with a matching answer, or you may be required to use a fingerprint sensor (available on certain mobile devices) or facial recognition (available on certain mobile devices), or other types of security techniques, all of which are referred to together and separately as your "Security Codes". We require you to use the Security Codes to gain access to the Online Services, and you will not be allowed to access the Online Services without your Security Codes. From time to time, we may require you to select or create different Security Codes and may change the types of security techniques used to access the Online Services. You agree that use of your Security Codes and any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that we may send notices and other communications about our security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address and/or e-mail address shown on our records.
Your Security Codes will be used only for the type of transactions and to have access only to those Accounts that we have approved in advance. If, through some error, the use of your Security Codes and the Mobile Banking application permits you to withdraw funds from an Account that you should not be allowed to use, we may charge the amount involved to Account that you use.
You agree that you have selected your own Security Codes for use with the Mobile Banking application. You agree to keep your Security Codes secure and strictly confidential. If you permit or direct other persons to use these Online Services, you are responsible for any transactions they authorize or conduct on any of your Accounts.
Biometrics (fingerprint and/or facial recognition) are stored on your device only and Fort McClellan never sees or stores your biometric information. Biometrics can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometrics, you can sign in using your password. To use biometrics for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometrics any time from within the Mobile Banking application. Fort McClellan reserves the right to suspend or disable the biometrics feature at any time.
Some mobile devices have the ability to store multiple fingerprints, allowing family, friends or other users access to your device. Because the Mobile App uses your device’s stored fingerprint data to grant access to your Account(s), either do not use the Mobile App if you are sharing your mobile device with a person who is not authorized to access your Account(s) or do not register multiple fingerprints on your mobile device. It could result in an unauthorized person having access to your Account(s). You agree to hold us harmless from any unauthorized transactions or changes to your Account(s) resulting from the sharing of your mobile device. You agree to hold all responsibility for any and all transfers made by anyone who uses your Security Codes on the Mobile Banking application. You will be responsible for all unauthorized transfers made from your Accounts by use of the Mobile Banking application with the use of your Security Codes, subject to limitations contained in applicable federal law. Those limitations of your liability for unauthorized transfers are summarized in the disclosures accompanying this Agreement. You will tell us at once if you believe unauthorized transfers have been made. The fastest way to reach us is to telephone us at (256) 237-2113.
For your protection, you should memorize your Security Codes and not keep any notation of your Security Codes on or with your computer or mobile device. Where possible, you should change your Security Codes regularly. In selecting your Security Codes, you should select items that are different from any other security code that you may have for other Accounts. Tell us AT ONCE if you believe your Security Codes have been lost or stolen. The fastest way to reach us is to telephone us at (256) 237-2113. We may suspend or cancel your Security Codes even without receiving such notice from you if we suspect your Security Codes are being used in an unauthorized or fraudulent manner. You also agree to review promptly each periodic statement you receive from us for an Account in order to detect any unauthorized transactions. You agree that you are responsible for maintaining the confidentiality and security of all Security Codes, and for implementing the necessary internal controls, balancing and reconciliation functions, and audit procedures to protect your Accounts from theft or misuse.
Fort McClellan has no obligation to monitor how you use your Security Codes or the Mobile Banking application. Fort McClellan has no obligation to notify you if we notice unusual activity with regards to any of your Accounts which may be accessed by use of your Security Codes and the Mobile Banking application.
You agree that the use of the Security Codes and other security techniques that we have established for the Online Services constitutes a commercially reasonable security procedure for you. To the full extent allowed by law, you agree to be bound by all requests, communications, or other instructions to us that are initiated under the Online Services and in compliance with this security procedure, regardless of whether or not you or any authorized user actually authorized the instruction. If any instruction initiated under the Online Services and accepted by us in compliance with this security procedure contains any error, to the full extent allowed by law, you shall be liable for, and shall indemnify us against any claims, losses, and expenses we may incur that arise from or relate to the erroneous instructions. Our records demonstrating compliance with this security procedure will be deemed conclusive proof that the payment order received by us was authorized and that you are bound by those instructions.
You agree not to use your Security Codes to overdraw your Account via the Mobile Banking application. If you do use your Security Codes to overdraw your Account, then you agree to pay the overdrawn amount (plus any service charges) immediately, and we may, without notification to you, either take what you owe us from any Account you have with us or, if you have a loan with us, treat the overdraft as a request for a loan advance. If the amount you owe us is not paid, we will be entitled to recover that amount along with any costs we incur in collecting it, including reasonable attorney’s fees.
You agree that we may send notices and other communications, including Security Code confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your home or place of business. It is your responsibility to ensure the address we have on file is updated and current.
Fort McClellan can delay in enforcing any of our rights under this Agreement without losing them. The fact that we do not enforce our rights in one instance does not mean that we will not do so in another instance.
Except as changed by this Agreement, Account transactions initiated by the use of the Mobile Banking application are subject to the rules and agreements covering your Accounts with us, and this Agreement is made a part of and supplemental to those rules and agreements.
We will disclose information to third parties about your Account: (i) where it is necessary for completing transactions, (ii) in order to verify the existence and condition of your Account for a third-party, such as a credit bureau; (iii) in order to comply with government agency or court orders; (iv) when investigating irregular activity on the Account; (v) if you give us your written permission, or (vi) otherwise in accordance with our privacy notice or as described in this Agreement. You may obtain a copy of our privacy notice at any time by visiting any of our branches or by visiting our Website.
The Mobile Banking application must periodically receive your GPS location in order to provide the Online Services to you. You authorize us to locate your GPS hardware and to record and compile your location. We may also collect and store certain information about you. This information will be used to provide certain security safeguards, and to help you locate one of our locations. We may use third-party providers to help operate your wireless device and such providers may use the information to help us provide the Online Services to you.
SECTION VI: RULES OF INTERPRETATION
As appropriate, the singular number shall include the plural and the plural shall include the singular.
We have the right to change this Agreement at any time by notice posted on our online site, the bill payment site, the Mobile Banking application, electronic mail, by mail sent to you at the last address shown for the Account on our records, by posting notice in our branches, or as otherwise permitted or required by law. Your continued use of the Online Services binds you to the terms and conditions set forth in such amendment.
No delay or omission by us in exercising any rights or remedies under this Agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy. No waiver shall be valid unless in writing and signed by us. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Where this Agreement or applicable law permits us to take action, or not to take action, in our discretion on any matter, any action, or inaction, on our part with respect to such matter shall not obligate us to repeat such action, or inaction, with respect to similar matters that may subsequently arise.
If a court of competent jurisdiction, or arbitrator as applicable, finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
This Agreement shall be construed in accordance with the laws of the State of Alabama.
By using any electronic sounds, symbols, or processes (such as clicking “I Agree” or “Accept”) that we provide to you in order to establish your acceptance of this Agreement and/or other terms and conditions related to the Agreement, you acknowledge and agree that you are using an electronic signature to signify your intent to be bound, and you agree to do business with us and exchange information electronically, as provided in this Agreement and as we may direct. Each time you use any Online Service or allow any other person to use any Online Service in relation to any of your Accounts or financial products or services, you are confirming your acceptance of the terms of this Agreement (including, but not limited to, the terms of that particular Service) that are in effect at that time.
YOUR MEMBERSHIP AND ACCOUNT AGREEMENT CONTAINS PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH PROVISIONS, WHICH ARE HEREBY INCORPORATED BY REFERENCE. EITHER PARTY MAY ELECT TO RESOLVE BY BINDING ARBITRATION ANY CONTROVERSY, CLAIM, COUNTERCLAIM, DISPUTE OR DISAGREEMENT BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THE SERVICES DESCRIBED IN THIS AGREEMENT, WHETHER ASSERTED OR BROUGHT IN A DIRECT, DERIVATIVE, ASSIGNEE, SURVIVOR, SUCCESSOR, BENEFICIARY OR PERSONAL CAPACITY AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT (ANY "CLAIM"). WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND FORT MCCLELLAN CREDIT UNION WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. PLEASE REFER TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISION IN YOUR MEMBERSHIP AND ACCOUNT AGREEMENT FOR GREATER DETAIL.
SECTION VII: WARRANTIES, LIMITATIONS OF LIABILITY
To the fullest extent allowed by law (i) you will be responsible for any bill payment, remote deposit or transfer request you make that contains an error or is a duplicate of another bill payment, remote deposit or transfer, except as otherwise stated in this Agreement; (ii) we are not responsible for a bill payment, remote deposit or transfer that is not made if you did not properly follow the instructions for making a bill payment, remote deposit or transfer; (iii) unless otherwise stated herein, we are not liable for any failure to make a bill payment or transfer if you fail to promptly notify us after you learn that you have not received credit from a Payee for a bill payment or transferee for a transfer; (iv) we are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications vendor, and no such party shall be deemed to be our agent; and (v) we are not responsible for any other action or inaction as set forth elsewhere in this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, OR RELIABILITY, OF ANY THIRD-PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE ONLINE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF THE ONLINE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED 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 SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR 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 MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING 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 LICENSORS AND CONTRACTORS 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
UNLESS OTHERWISE STATED IN THIS AGREEMENT OR BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY HARMS, INJURIES OR CLAIMS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING OR ARISING IN ANY WAY IN WHOLE OR IN PART FROM (i) THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, (ii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, (iii) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE ONLINE SERVICES, (iv) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, (v) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES OR YOUR USE THEREOF.
TO FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE ONLINE SERVICES, OR THE USE OF THE ONLINE SERVICES BY ANY OF YOUR CO-DEPOSITORS, SECONDARY USERS, OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE THE ONLINE SERVICES, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.