HOME BANKING
ACCOUNT ACCESS AGREEMENT AND DISCLOSURE STATEMENT

GREATER ALLIANCE FEDERAL CREDIT UNION

This Agreement establishes the rules that cover your electronic access to your account(s) at Greater Alliance Federal Credit Union ('Credit Union') through the Home Banking system. You will be bound by this Agreement when you enroll in Home Banking. You also accept all the terms and conditions of this Agreement by using the Home Banking. Please read it carefully and retain for your records.

This Agreement is also subject to applicable federal laws and the laws of the State of New Jersey (except to the extent this Agreement can and does vary from such rules or laws). If any provisions of this Agreement are found unenforceable or invalid, all remaining provisions will continue in full force and effect. The headings in the Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party or any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Credit Union’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, together with the Membership and Account Agreement constitutes the entire agreement between you and the Credit Union with respect to the subject matter hereof and there is no understanding or agreements relative hereto which are not fully expressed herein.

The words 'you', 'your', and 'yours' refer to the Greater Alliance Federal Credit Union member(s) jointly and severally. The words 'we', 'us', 'our', 'GAFCU' and 'Credit Union' refer to Greater Alliance Federal Credit Union. This Agreement and Disclosure Statement (hereinafter 'Agreement') explains and describes the types of Electronic Funds Transfers which are available to you with our Home Banking system. This Agreement also contains your rights and responsibilities concerning transactions that you make through the Home Banking, including your rights under the Electronic Funds Transfer Act.

To qualify for access to the Home Banking, you must be a Credit Union member in good standing. The Home Banking may not be accessible to Business and Organizational accounts. Other conditions may apply.

ENROLLING FOR HOME BANKING
The member account number and the last four digits of the Social Security Number are required for initial enrollment to Home Banking.

  • Users will create a Logon ID and Security Code.
  • Logon IDs can be between 6 and 50 alpha numeric characters.
  • Security Codes can be between 8 and 16 alpha numeric characters. A minimum of 2 numeric and 2 alpha characters is required.
  • You accept responsibility for periodically changing your Logon ID and protecting the integrity of the Logon ID to protect unauthorized transactions and account access.
  • Granting access to your account via Home Banking to any non-owner will make you financially liable for all losses or misuse of your account(s).
  1. HOME BANKING.
    You may reach the Home Banking at http://www.greateralliance.org. You can use Home Banking 7 days a week, 24 hours a day, 365 days a year, although some or all of the Home Banking services may not be available occasionally due to emergency or scheduled system maintenance. The use of your Logon ID is required to access Home Banking. You can perform the following transactions on ALL ACCOUNT(S) TO WHICH YOU ARE AUTHORIZED AND HAVE BEEN GIVEN ACCESS TO:
  1. Obtain balances and other information on your accounts including savings, checking, share certificates, IRAs, and loans. Home Banking does not support information regarding Visa® credit card accounts.
  2. Make transfers between savings, checking, and loan accounts.
  3. Transfer advances from your personal line-of-credit loan to personal accounts.
  4. d) Review 200 days of share/savings history, 90 days of draft/checking history, 18 months of certificate history, 18 months of open end loan history, and closed end loan history for the life of the loan.
  5. e) Make transfers from your share accounts to other share accounts that you share an association.
  6. View check copies and re-order checks.
  1. LIMITATIONS ON TRANSFERS.
    Federal regulations limit transfers for savings accounts and money market accounts, if applicable. During any statement period, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a pre-authorized or automatic transfer. This includes transfers by phone, fax, wire and cable, audio response, overdraft transfers to checking and Internet instruction. No more than three of the six transfers may be made by check, draft or debit card, or similar order to a third party. A pre-authorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearinghouse (ACH). If you exceed the transfer limitations set forth above in any statement period, the transfer may not be completed, your regular share account and draft account may be subject to a fee, account closure, or suspension or we may revoke your access to Home Banking. We will not be required to complete a withdrawal or transfer from your account(s) if you do not have enough money in the designated account(s) to cover the transaction; however, we may complete the transaction. You agree not to use Home Banking to initiate a transaction that would cause the balance in your designated account(s) to go below zero. If you have a line-of-credit, you agree not to use Home Banking to initiate a transaction that would cause the outstanding balance of your line-of-credit to go above your credit limit. We will not be required to complete such a transaction, but if we do, you agree to pay us the excess amount or improperly withdrawn amount or transferred amount immediately upon our request. We also will refuse to complete your Online Banking transactions if we have canceled your Home Banking access, or we cannot complete the transaction for security reasons.

    The functions and limitations of Home Banking may be updated, without notice, at the option of the Credit Union in order to provide improved service to the membership.

  2. FEES FOR HOME BANKING.
    Currently there is no monthly service fee for using Home Banking; however, we may implement a fee as required by applicable federal and/or state regulations and in such case, we will notify you as soon as practicable. If at that time, you choose to discontinue using Home Banking, you must notify us in writing.

  3. ACCOUNT STATEMENTS.
    Your periodic statement will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions.

  4. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS.
    In case of errors or questions about electronic transfers, telephone us at the number below, contact us at https://www.greateralliance.org/, or send us a written notice to the address below as soon as possible. We must hear from you no later than 60 days after we sent the first statement on which the problem appears.

    Greater Alliance Federal Credit Union
    Attention: Member Services
    40 West Century Road Paramus, New Jersey 07652
  1. Tell us your name and member number.
  2. Describe the error or the electronic transaction you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
  3. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will notify you with the results of our investigation within 10 business days (20 business days if your complaint or question involves a transaction to or from an account within 30 days after the first deposit to the account was made) after we hear from you. We will correct any error promptly. If we need more time, we may take up to 45 days (90 days if your complaint or question involves a transaction to or from an account within 30 days after the first deposit to the account was made) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 days if the complaint or error involves a transaction to or from an account within 30 days after the first deposit to the account was made) for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may request copies of the documents we used in our investigation.
  1. CONTACT IN THE EVENT OF UNAUTHORIZED TRANSFERS.
    You must tell us AT ONCE if you believe your Member number, or Logon ID, or any record thereof, has been lost or stolen, or if any of your accounts have been accessed without your authority. You may telephone us at 888-554-2328, E-mail us at info@greateralliance.org, or mail to Greater Alliance Federal Credit Union Attention: Member Services 40 West Century Road Paramus, New Jersey 07652.
  1. LIABILITY FOR UNAUTHORIZED TRANSACTIONS.
    We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

    Telephoning is the best way of minimizing your liability. You could lose all the money in your accounts, plus your maximum overdraft line-of-credit. If you tell us within two (2) business days of the loss, theft, or unauthorized access, you can lose no more than $50 if someone accessed your account without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, theft or unauthorized access, and we can prove we could have stopped someone from accessing your account without permission if you had notified us, you could lose as much as $500.

    Further, if your statement shows transfers that you did not make, you must tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not receive any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

  2. TRANSACTIONS THAT ARE NOT COMPLETED.
    If we fail to complete a transfer to or from your designated account(s) on time and in the correct amount, and we have agreed to perform such transfer(s) (with certain exceptions), we may be liable for your losses or damages. Section 3 of this Agreement lists a number of situations in which we do not agree to complete withdrawals or transfers. We also will not be liable:
  • If we have terminated this Agreement.
  • If through no fault of ours, you do not have enough money in your account(s) to make the transfer.
  • A legal order directs us to prohibit withdrawals from the account(s).
  • The funds in your designated account(s) are subject to legal process or other encumbrance restricting the transaction.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction from being completed despite reasonable precautions we have taken.
  • You have reported an unauthorized use of your Member Number and Password, reported it as stolen, or requested that we issue a new Password, and we have as a result refused to honor the original Password.
  • If your account is closed, frozen, or funds are uncollected.
  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
  • If the transfer would cause your balance to become negative or exceed the credit limit of an established line of credit loan.
  • If any part of Home Banking is not working properly and you knew about the problem when you started the transactions.
  • If other exceptions are introduced as provided by applicable law.
  1. INFORMATION ABOUT YOUR DESIGNATED ACCOUNTS.
    You authorize us to obtain any information deemed necessary to process your request for access to Home Banking. Additionally, you agree that we will disclose information to third parties about your designated account(s) or the transactions you make:
  1. Where it is necessary for completing or documenting transactions or resolving errors involving transactions.
  2. In order to verify the existence and condition of your designated account(s).
  3. In order to comply with orders or subpoenas of government agencies or courts.
  4. If you give us written permission.
  1. OUR BUSINESS DAYS.
    Our business days are Monday through Friday, other than legal banking holidays.

  2. PRE-AUTHORIZED PAYMENTS.
    You may not use Home Banking to enter into pre-authorized payment arrangements.

  3. OUR RULES AND REGULATIONS AND OTHER AGREEMENTS.
    Your designated account(s) may also be governed by other agreements between you and us. The terms and conditions of the deposit agreements and disclosures for each of your Credit Union account(s) as well as your other agreements with the Credit Union such as loans continue to apply notwithstanding anything to the contrary in this Agreement.

  4. EVIDENCE.
    If we go to court for any reason, we can use a copy, microfilm, microfiche, or photograph of any document or person to prove what you owe or that a transaction has taken place and the copy, microfilm, microfiche, or photograph will have the same validity as the original.

  5. TERMINATING THIS AGREEMENT.
    You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Home Banking at any time. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.

  6. CHANGING THIS AGREEMENT.
    We may change any term of the Agreement at any time. If the change results in increased fees for any services, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice of at least 21 days before the effective date of any such change, unless any immediate change is necessary to maintain the security of an account, or our electronic fund transfer system, or for any security reasons. We will post any required notice of change in terms in the quarterly newsletter, on our web site, personal E-mail, or postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject system services indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.

  7. NOTICES.
    All notices from us will be effective when we have mailed them or delivered them to the last known address in the Credit Union’s records. Notices from you will generally be effective once we receive them at Greater Alliance Federal Credit Union Attention: Member Services 40 West Century Road Paramus, New Jersey 07652. Notices under Section 6 will be effective once you have done whatever is reasonably necessary to give us the information we need, such as by telephoning us.

  8. COLLECTION EXPENSE.
    If we ever have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorney’s fees.

  9. GOVERNING LAW.
    This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, and the laws and regulations of the state of New Jersey. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.

Mobile Deposit Service Agreement

This Mobile Deposit Service Agreement, ('Agreement') is the contract which covers your and our rights and responsibilities concerning the Mobile Deposit service (“Service”) offered to you by Greater Alliance Federal Credit Union ('Credit Union'). By using the Mobile Deposit Service or clicking the electronic signa-ture 'Consent' on the Mobile Deposit enrollment or application page shown on your mobile device in the mobile app, you and any joint owners or authorized users, jointly and severally, agree to the terms and conditions in this Agreement, and any amend-ments. The Mobile Deposit service is subject to the following terms and conditions and to the instructions, rules and terms provided to you via a link within the service and incorporated by reference herein.

  1. Mobile Deposit Service
    1.1 Mobile Deposit Capture Process.
    If we approve the Mobile Deposit service for you, you must use your password with your Login to access your accounts. You may photograph an image of checks with your mobile device creating an electronic image and you may transmit the electron-ic image that the Credit Union will deposit to your account. The Credit Union may, in its discretion, convert items meeting the Credit Union's required standards into substitute checks to facili-tate the deposit and collection of such items. You agree that the manner in which checks are cleared or presented for payment shall be determined by Credit Union, in its sole discretion. We reserve the right to select the clearing agents through which we clear checks.

    1.2 Funds Availability.
    Funds from items deposited through the Service will be availa-ble in accordance with the Credit Union’s Funds Availability Pol-icy disclosure, as amended from time to time, which is incorpo-rated herein by reference. You agree that the imaging and transmitting of checks alone does not constitute receipt by the Credit Union. Also, acknowledgment of receipt or delivery does not constitute an acknowledgment by the Credit Union that the transmission of a check or items does not contain errors or that funds will be available. Checks deposited though Mobile Depos-it are not received by the Credit Union until we have acknowl-edged receipt and provided credit to your account.

    1.3 Deposit Limitations.
    You may not use Mobile Deposit to deposit any item greater than $3000.00. Total deposits may not exceed $3000.00 per day.

    1.4 Deposit Acceptance.
    You agree that the Credit Union may at any time, in its sole dis-cretion, refuse to accept deposits of checks from you via Mobile Deposit session. In the event that the Service is interrupted or are otherwise unavailable, you may deposit checks in person at a Credit Union branch or via night drop or mail or other contrac-tually acceptable method.

  2. Member Account
    You must designate a Credit Union savings or checking account as the settlement account to be used for the purposes of settling, transactions requested in connection with the Service. We will provide you with details of each specific transaction. You will be responsible for reviewing and balancing of any settlement ac-count.

    2.2 Responsibility for Imaging.
    You are solely responsible for imaging deposit items, accessing the service from the Credit Union and for maintaining your im-aging equipment. You will be responsible for the payment of all telecommunications expenses associated with the service. The Credit Union shall not be responsible for providing or servicing any equipment for you.

    2.3 Deposit Requirements.
    You agree that you will only use the Service to deposit checks drawn on financial institutions within the United States, exclud-ing its territories. For checks not falling within this requirement you must deposit those checks in person, using a night drop fa-cility or by U.S. Mail. You agree that each check you deposit through the Service will meet the image quality standards di-rected in the application. All checks should be endorsed with the payees’ signature. The words, “Electronic Deposit” should be written underneath.

    2.4 Check Retention & Destruction.
    You agree that all checks belong to you and not to the Credit Un-ion and that those items shall be handled in accordance with this Agreement and your Member Service Agreement. After our receipt of a deposit transmission we will acknowledge by elec-tronic means our receipt of such transmission. Your electronic transmission is subject to proof and verification. You will retain the original of all imaged checks that have been deposited via Mobile Deposit for a reasonable period of time in order to verify settlement and credit or to balance periodic statements, but in no case beyond forty-five (45) days from the date processed. It is your responsibility to properly destroy and dispose of such original checks after such time. During the period that you main-tain any original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks. These risks include, without limitation, (i) theft or reproduction of the original checks (including by em-ployees) for purposes of presentment for deposit of these origi-nal checks (i.e., after the original checks have already been pre-sented for deposit via the Service) and (ii) unauthorized use of information derived from the original checks. When you dispose of any original checks, you understand and agree that you must use a high degree of care when selecting and implementing disposal procedures to ensure that the original checks are not accessed by unauthorized persons during the disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed.

    2.5 Deposit Prohibitions.
    You agree not to deposit, or attempt to deposit, or allow others, either directly or indirectly, to deposit, or attempt to deposit, by any means: (i) any Substitute Check, the original of which has already been presented for deposit via the Service, (ii) any im-age of a check that has already been deposited either as an original or as a substitute check, or (iii) any original check, the Substitute Check of which has already been presented for de-posit via Mobile Deposit. In the event that you, or any third party, makes, or attempts to make, a deposit in violation of this Sub-section you agree to defend, indemnify, and hold the Credit Un-ion and its agents harmless from and against all liability, dam-age and loss arising out of any claims, suits, or demands brought by third parties with respect to any such Substitute Check or original check. You agree that the aggregate amount of any items which are deposited more than once will be debit-ed from your account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be deb-ited by the Credit Union from any other deposit accounts with the Credit Union in its sole discretion. You further acknowledge that you and not the Credit Union is responsible for the pro-cessing and handling of any original items which are imaged and deposited utilizing the Service and you assume all liability to the drawer of any item imaged using the service or liability arising from the Credit Union's printing of any substitute check from those images.

    2.6 Your Representations and Warranties.
    You represent and warrant:
    i.That you will comply with all federal and state laws, and rules and regulations applicable to deposit and check trans-actions, including those of the National Automated Clearing House for ACH transactions;
    ii.That all checks deposited through the Service are made payable to you;
    iii.That all signatures on each check are authentic and author-ized; and
    iv.That each check has not been altered.

    In the event you breach any of these representations or warran-ties, you agree to defend, indemnify and hold the Credit Union and its agents harmless from and against all liability, damages and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further author-ize the Credit Union to charge its account for the amount of any such demand, claim or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code.

    2.7 Financial Responsibility.
    You understand that you remain, solely and exclusively respon-sible for any and all financial risks, including, without limitation, insufficient funds associated with accessing the Service. The Credit Union shall not be liable in any manner for such risk un-less the Credit Union fails to follow the procedures described in materials for use of the service. You assume exclusive respon-sibility for the consequences of any instructions you give to the Credit Union, for your failures to access the Service properly in a manner prescribed by the Credit Union, and for your failure to supply accurate input information, including, without limitation, any information contained in an application.

    2.8 Account Reconciliation.
    You will verify and reconcile any out-of-balance condition, and promptly notify the Credit Union of any errors within the time pe-riods established in the Membership and Account Agreement after receipt of your account statement. If notified within such period, the Credit Union shall correct and resubmit all erroneous files, reports, and other data at the Credit Union's then standard charges, or at no charge, if the erroneous report or other data directly resulted from the Credit Union's error.

  3. The Credit Union's Obligations
    3.1 Financial Data.
    We will review and process your electronic file through a batch processing at one time per day. The Credit Union agrees to transmit all the financial data under its control required to utilize the service selected by you and to act on appropriate instruc-tions received from you in connection with such service. The Credit Union shall exercise due care in seeking both to preserve the confidentiality of the user number, password, test key, or other code or identifier and to prevent the use of the service by unauthorized persons (and in this connection it is understood and agreed that implementation by the Credit Union of its nor-mal procedures for maintaining the confidentiality of infor-mation relating to its members, and where practicable the ob-taining by the Credit Union from any third parties engaged in the installation, maintenance and operation of the system of similar undertakings, shall constitute fulfillment of its obligation to exer-cise due care) but shall not otherwise be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of the service. You assume full responsibility for the conse-quences of any misuse or unauthorized use of or access to the Service.

    3.2 Service Availability.
    You understand that Service availability is at all times condi-tioned upon the corresponding operation and availability of the communication systems used in communicating your instruc-tions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

    3.3 Exception Items.
    When we review and process your electronic file, we may reject any electronic image that we determine to be ineligible for the service ('Exception Item') including, without limitation, electronic images of items drawn on banks located outside the United States, items drawn on U.S. Banks in foreign currency, electron-ic images that are illegible (due to poor image quality or other-wise), electronic images of items previously processed, elec-tronic images previously converted to substitute checks, and electronic images with unreadable MICR information. We will notify you of any Exception Items. You agree that if you wish to attempt to deposit any Exception Item to any of your accounts with Credit Union, you will only do so by depositing the original item on which the Exception Item is based. You acknowledge and agree that even if you do not initially identify an electronic image as an Exception Item, the substitute check created by the Credit Union there from may nevertheless be returned to the Credit Union because, among other reasons, the electronic im-age is deemed illegible by a paying bank. The Credit Union's failure to identify an Exception Item shall not preclude or limit your obligations to the Credit Union.

    3.4 Account Information.
    We will provide you with daily transaction history via the Internet and the Online Banking service detailing items processed, re-turn items, and deposit adjustments.

    3.5 Retention of Check Images.
    The Credit Union will retain any substitute checks it generates for seven (7) years.

  4. Services Fees
    Currently there is no monthly fee for the Mobile Deposit Service. You agree to pay all fees and charges for deposit services as set forth on the Rate and Fee Schedule. All Service Fees are subject to change by the Credit Union upon thirty (30) days written no-tice to Member.

  5. Disclaimer of Warranties
    Member acknowledges that the service is provided on an 'as is' and 'as available' basis. The Credit Union is not respon-sible for any errors or omissions in or to any information re-sulting from your use of the service. The Credit Union makes no and expressly disclaims all warranties, express or im-plied, regarding the service including the warranty of title and the implied warranties of merchantability, fitness for a partic-ular purpose and noninfringement. Without limiting the gener-ality of the foregoing, the Credit Union disclaims any warran-ties regarding the operation, performance or functionality of the service (including, without limitation, that the service will operate without interruption or be error free). Member further acknowledges that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and/or tele-communication lines or circuits. Member hereby assumes all risks relating to the foregoing.

  6. The Credit Union's Liabilities
    6.1 Direct Damages.
    The Credit Union's liability shall be limited to direct damages sustained by member and only to the extent such damages are a direct result of the Credit Union's gross negligence or willful misconduct; provided that the maximum aggregate lia-bility of the Credit Union resulting from any such claims shall not exceed one hundred dollars. In no event shall the Credit Union be liable for special, incidental, punitive or consequen-tial loss or damage of any kind including lost profits whether or not the Credit Union has been advised of the possibility of such loss or damage. The Credit Union's licensors or suppli-ers will not be subject to any liability to member in connection with any matter.

    6.2 Your Duty to Report Errors.
    You will notify the Credit Union of any errors, omissions, or inter-ruptions in, or delay or unavailability of, the Services as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to you which reflects the error. Your failure to noti-fy the Credit Union of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve the Credit Union of any liability for such error, omission, or discrep-ancy.

    6.3 The Credit Union's Performance.
    You acknowledge and agree that the Credit Union shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by the Credit Union in perform-ing the Service, in accordance with or unintentional deviation from the terms and conditions of this Agreement. You acknowledge that the Credit Union's systems and procedures established for providing the Service are commercially reason-able.

    6.4 Limitation of Liability.
    The Credit Union shall have no liability to you, or any other per-son or entity for any loss, damage, cost, or expense arising out of this Agreement or the Service regardless of the form in which asserted, whether in contract, tort (including negligence), war-ranty, or any other legal or equitable grounds, and regardless of whether the remedies available fail of their essential purpose, except as provided by applicable law for any error or delay in performing the Service provided for in this Agreement, and we shall have no liability for not effecting a transaction, if:

    i.We receive actual notice or have reason to believe that you filed or commenced a petition or proceeding for relief under any bankruptcy or similar law;
    ii.The ownership of funds involving a transaction is in ques-tion;
    iii.We suspect a breach of the security procedures;
    iv.We suspect that your account has been used for illegal or fraudulent purposes; or
    v.We reasonably believe that a transaction is prohibited by federal law or regulation, or otherwise so provided in the Agreement.

    The Credit Union will not be liable if Member fails to report time-ly any error or discrepancy reflected in an account statement prepared by the Credit Union, or if Member fails to report a breach of a security procedure. If the Credit Union fails to per-form under this Agreement in accordance with the standards set herein, the Credit Union's liability for damages, losses, and oth-er compensation owing to you will be limited as set forth above.

  7. Force Majeure
    The Credit Union shall not be responsible for liability, loss, or damage of any kind resulting from any delay in the perfor-mance of or failure to perform its responsibilities hereunder due to causes beyond the Credit Union's reasonable control.

  8. Termination
    Either party may terminate this Agreement upon not less than ten (10) days prior written notice to the other party. Notwithstand-ing any such notice of termination, this Agreement shall remain effective in respect of any transaction occurring prior to such termination. Upon any termination of this Agreement, (i) you will immediately cease using the Service, and (ii) you will promptly remit all unpaid monies due under this Agreement. The Credit Union may immediately suspend or terminate your access to the Service in the event that the Credit Union reasonably deter-mines such suspension or termination is necessary in order to protect the Service or the Credit Union from harm or compro-mise of integrity, security, reputation, or operation.

  9. Modification of Services
    The Credit Union reserves the right to modify the Service from time to time without making prior notice to Member, provided, however, that the Credit Union will give you at least thirty (30) days’ notice prior to making any modifications to the Service that would materially alter their functionality.

  10. Enforcement
    You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or ser-vices. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the State of New Jersey as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to en-force the Agreement or collect any overdrawn funds on ac-counts accessed under this Agreement, the prevailing party shall be entitled, subject to New Jersey law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or un-enforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the ex-tent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agree-ment.