Electronic Signature Act Disclosure

CFCU Community Credit Union

Digital Banking Terms and Conditions

 

These Digital Banking Terms and Conditions and any disclosures and/or agreements as applicable also contained herein (collectively the “Terms and Conditions”) set forth the terms and conditions governing the use of Digital Banking provided by CFCU Community Credit Union (“CFCU”, “We”, “Our”, and/or “Us”, as applicable) to account owner(s), authorized signers, or authorized users of CFCU accounts, as applicable, (hereinafter referred to as “You” and/or “Your”, as applicable).  By Your use and Your continued use of Digital Banking, You agree to accept and fully comply with all of these Terms and Conditions.

 

ESIGN Member Consent to Use Electronic Signatures and Documents

This disclosure (“ESign Disclosure”) contains important information that You are entitled to receive before You consent to receive electronic disclosures and to transact business with us electronically via digital banking. This Electronic Signature Act (“E-Sign Act”) Disclosure applies to all electronic communications between You and CFCU. Your consent to the use of electronic signature and the electronic delivery of the Documents, as defined below, falls under the jurisdiction of the E-Sign Act and any other applicable federal or New York State laws or regulations (“Governing Law”) as may be amended from time to time, and by consenting You acknowledge and agree that We and You intend to comply with said Governing Law to the fullest extent possible. When You consent to this disclosure, You further agree to the terms and conditions outlined below. 

  1. Agreement to Receive Communications in Electronic Form. By agreeing to this ESIGN Disclosure, You are consenting to receive the following non-exclusive list of possible documents and notices that will be delivered to you electronically, as applicable: Digital Banking Terms and Conditions, Bill Pay Disclosures, PopMoney Disclosures, and My Visa Disclosures (collectively referred to herein as “the Documents”; any change in terms notices related to the Documents; any alerts (“Notifications”) related to any activities or transactions You conduct through Digital Banking; and, any account statements or accounts notices (“eStatements”). Your consent remains in effect until You provide Us with adequate and acceptable notice as defined below in Section 3 that You are withdrawing it. Your consent to receipt of communications in electronic format may be referred to as “Opt(ing)(ed)-In” within this ESIGN Disclosure.
  2. 2. Form of Electronic Communications. All the Documents or Notifications that We provide to You in electronic form will be provided either (1) via email, (2) via text message, or (2) by access to the digital banking application. eStatements will be provided within Digital Banking. You will receive notice via email when eStatements are available; the email only provides notice of availability. To view eStatements You must access Digital Banking.
  3. Withdrawal of Consent. At any time, You may withdraw Your consent to the electronic delivery of the Documents, Notifications, and/or eStatements. You may withdraw consent to the electronic delivery of eStatements by changing Your elections within Digital Banking, by visiting any CFCU branch, or by calling 1-800-428-8340. You may withdraw consent to the electronic delivery of any or all Notifications by changing Your elections within the Digital Banking, by visiting any CFCU branch, or by calling 1-800-428-8340. You may withdrawal consent to the electronic delivery of any or all of the Documents by sending a message through Digital Banking, by calling 1-800-428-8340, or by visiting any CFCU branch. Any withdrawal of consent will be effective only after We have a reasonable amount of time to process the withdrawal. At Our discretion, We may consider an invalid email address, even if valid before, as a withdrawal of consent for eStatements and Notifications. 
  4. Updating Your Records. You are responsible for providing, maintaining, and updating Your contact and other information with Us. You agree to provide us with a true, accurate, and complete email address and other contact information related to the Digital Banking Terms and Conditions and Your CFCU accounts, and to update promptly any changes to that information. You can update Your information through Our Digital Banking application, by contacting us at 1-800-428-8340, visiting any CFCU branch, or writing to Us at CFCU Community Credit Union, Attn: Member Solutions, 1030 Craft Rd, Ithaca NY 14850.
  5. Hardware and Software Requirements. We do not officially support a specific operating system or particular browser. We may not support older web browsers. If You are using an outdated version, You may be required to update it in order to access Digital Banking. You must have a mobile device running on either iOS™ 9.0 or later or Android™ OS 4.4 or later in order to access Digital Banking. Your mobile device must have internet access with a compatible browser and a mobile device version of a PDF reader installed on it. If You do not have a reader installed on Your device, You can download the Adobe® PDF reader for free at the app store respective to Your mobile device. CFCU does not provide, and is not responsible for, the product, service, overall website content, security, or privacy policies on any external third-party app store.

On the internet, You can sign in to Digital Banking, where You can also access Your Documents and Notifications. You must have Digital internet access using a browser that supports 128-bit, U.S. security level encryption, including any of the following: From a WINDOWS® machine; Internet Explorer® (11.0 or later), Firefox® (49.0 or later), ChromeTM (48.0 or later), EdgeTM (11.0 or later); From a MACINTOSH® machine; Firefox® (49.0 or later), ChromeTM (48.0 or later), Safari® (7.0 or later).

While other browsers not on the above list may work on our site, there may be some viewing and/or functionality limitations. To protect Your device from viruses and “Trojan” malware, which could compromise information You view from Your device, we highly recommend that You install antivirus software, a firewall, and spyware detection software. If You need technical assistance downloading Your browser software, please contact Your Internet Service Provider (ISP). You may access Your Documents and Notifications in Digital Banking. You may be required to install Adobe Reader in order to view some Documents will only be presented as PDF documents. You can download the Adobe Reader application for free at the Adobe website at https://get.adobe.com/reader/.* *If You click on or copy and paste this link to Your web browser address bar, You will proceed to an external third-party site that is not owned by CFCU. CFCU does not provide, and is not responsible for, the product, service, overall website content, security, or privacy policies on this third-party site.

Any of the requirements or standards within this paragraph (5) may change from time to time.  CFCU is not liable for the compatibility of Digital Banking with any specific device or its operating system or version. 

  1. Access to Your Disclosures and Requesting Paper Copies. The Documents will remain available for viewing and printing within the Digital Banking application or other applicable services accessible through Digital Banking. If You would like paper copies without revoking Your authorization to electronic delivery, You may either print the Documents Yourself, or You may request them directly from Us. This request may be made by contacting us at 800-428-8340, sending a message through Digital banking, or at any branch location. We may charge You a reasonable fee for delivery of paper copies already provided electronically. We are not obligated to provide You a paper copy of the Documents authorized to be sent electronically, however, We reserve the right to send You paper copies at Our discretion. 
  2. Communications “in Writing”. In accordance with the Governing Law, electronic communications of the Documents will be considered "in writing" for the purposes of other rules and regulations and state laws.  Please print or download for Your records a copy of any Disclosure(s) and any other Documents that are important to You.
  3. Termination/Changes. We may discontinue the provision of electronic documents or terminate or change the terms and conditions under which we provide electronic documents at Our discretion. We will provide You with notice of any such termination or change if required by law. If these Terms and Conditions substantially change, we will provide You with an updated Disclosure. You must consent to any new Disclosure in order to retain electronic delivery of the Documents.  Please note that continuing to use Our electronic services after notice of a change in Our requirements will be considered Your consent to continue to receive electronic communications from Us.

By providing Your consent, You are confirming that You have the hardware and software described above, that You are able to receive and review electronic documents, and that You have an active email account. You are also confirming that You are authorized to, and do with full authority, consent on behalf of all the other account owners, authorized signers, authorized representatives, and delegates identified in respect of Your CFCU products and services.


Digital Banking General Terms of Use

To use Digital Banking, You must own or be an authorized signer or authorized user of at least one account at CFCU that is eligible for Digital Banking. CFCU in its sole discretion determines the account eligibility criteria for Digital Banking, which may change from time to time. You represent that You are the legal owner, authorized signer, or authorized user of the account and other financial information, which may be accessed via Digital Banking. Access to and use of the CFCU Digital Banking is subject to all applicable, state, and local laws and regulations. Unauthorized use of CFCU Digital Banking and its Services or information accessed via CFCU Digital Banking Service is strictly prohibited. You agree that We have no liability resulting from Your provision or use of inaccurate, not current and/or incomplete information in regard to the use of Digital Banking in any manner.

  1. Access to Existing and Future Accounts. With Digital Banking, You will have access to existing and future accounts that are eligible for Digital Banking on which You are the owner or joint owner. Access and Services may differ depending on Your role on the account(s).
  2. Authorized Users. For eligible accounts, the account owner (You) may elect to authorize Digital Banking access only for any number of users (“Authorized Users”). You are responsible for establishing and maintaining the access levels and functional authority of all designated Authorized Users (“Entitlements”) through Digital Banking. Granting such Entitlements is only applicable to Digital Banking and does not grant any other authority or access to Your account(s) via other means. You are responsible for the management of Your Authorized User(s) and for revoking any designated Entitlements as necessary. You are solely liable for all actions and activities conducted through Digital Banking by Your Authorized User(s), including any unauthorized access and all losses and/or misuse of Your accounts.
  3. Your Contact Information. You represent and agree that all information You provide us in connection with Digital Banking is accurate, current, and complete, and that You have the right to provide such information to Us for the purpose of operating Digital Banking. You agree not to misrepresent Your identity or Your account information. You agree to keep Your account information confidential, up to date, and accurate. It is Your sole responsibility to ensure that Your contact information with CFCU is current and accurate. You may change Your contact information by editing Your profile within Digital Banking, by calling 800-428-8340, visiting any CFCU branch, or writing to us at CFCU Community Credit Union, Attn: Member Solutions, 1030 Craft Rd, Ithaca NY 14850.
  4. Contacting You Via Your Phone Number or Email Address. You must provide us with an active phone number and email address to discuss Your accounts with Us. In providing us with a cell phone number, You give Us permission to contact You at that number in any regard to all Your CFCU accounts, including account servicing and collection purposes. We may also contact You for non-marketing purposes in any way, including automated calls, text messages, and/or prerecorded or artificial voice messages. You agree to promptly notify us if Your contact information changes. Message and data rates may apply. In providing Us with an email address, You give Us permission to send You email messages using an automatic emailing system for commercial or transactional purposes.
  5. Authentication and Security. In addition to Your login credentials used to access Digital Banking, You may be required to further authenticate Yourself in any manner We deem appropriate and in furtherance of security measures We deem appropriate. This may be required upon login or when performing other service requests or transactions. We in Our sole discretion determine any and all authentication requirements, which may change from time to time.
  6. Protecting Your Password and Ensuring the Security of Your Device. By using Digital Banking, You agree to accept responsibility for safeguarding and protecting Your Password, Challenge Questions and Answers, and any other credentials used to access Digital Banking. If You believe Your password or other credentials have been lost or stolen, or that someone may attempt to use Your Digital Banking Service without Your consent or has transferred money without Your permission, you are required to notify us at once at the address or telephone numbers listed in the paragraph below “Your Liability for Unauthorized Electronic Funds Transfers”. You agree not to give or make available Your password or credentials to any other party or person, and You understand and agree You are responsible for all actions taken by anyone to whom You have provided such credentials or allowed to use Your Digital Banking. In order to help prevent unauthorized transactions on Digital Banking, You also agree to ensure the security of any device You own and/or use to access Digital Banking. By agreeing to ensure the security of any device You own and/or use, we specifically mean ensuring that the device has installed antivirus software, a firewall, and spyware detection software (collectively “Security Software”) on it, and ensuring that the Security Software is current. You agree to be responsible for any compromise of Your account information or Digital Banking credentials that arises from a from a virus, malware, or other cyber breach type event caused by Your failure to adequately ensure the security of any device You own and/or use to access Digital Banking. You also agree that CFCU may revoke Your access to Digital Banking at any time without notice to You if unauthorized activity occurs as a result of Your negligence in safeguarding the Password, Challenge Questions and Answers, or any other credentials used to access Digital Banking, or as a result of Your negligence in ensuring the security of any device You own and/or use to access Digital Banking.
  7. System Availability. So long as You are authorized to access the Digital Banking System, You may do so seven (7) days a week and twenty-four (24) hours a day in accordance with the terms of these Terms and Conditions; provided, however, that Digital Banking and/or its corresponding Services may not be available at all times and Your access may, from to time, be generally unavailable during scheduled system maintenance, unscheduled system maintenance, or as necessary because of other technical issues. CFCU is not liable for any claim or claims arising from any system unavailability related to Digital Banking and/or its corresponding Services.
  8. User Conduct. You agree not to use Digital Banking and its Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale or use of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, OFAC, or unlawful internet gambling); (c) create liability for CFCU or its service providers or cause CFCU to lose the services of Our service providers; (d) access the information and content programmatically by macro or other automated means; (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems. Violation of conduct may result in termination of Digital Banking and its Services.
  9. You may cancel Your use of Digital Banking, and thereby cancel these Terms and Conditions, at any time by notifying CFCU by phone, in writing, or at any CFCU branch location, and discontinuing use of the service. CFCU in its sole discretion may revoke or limit Your access to digital banking at any time and without notice, for security reasons or for any other reason deemed necessary by Us. Whether You or CFCU terminates use of Digital Banking and these Terms and Conditions, the termination shall not affect Your obligations under the Terms and Conditions for any transfers or payments made prior to termination. We reserve the right to deactivate user access to Digital Banking for those who have not logged into the service for 90 consecutive days or more.

 

Digital Banking Services

The following “Services” may be available within Digital Banking. Availability to specific Services is dependent on the rules of specific account types and other applicable elections, qualifications and restrictions. CFCU in its sole discretion determines the eligibility criteria for these Services, which may change from time to time; and, may revoke or limit Your access to these Services at any time and without notice for any reason deemed necessary or appropriate by Us. These Services are subject to change in whole or in part without notice.

  1. Periodic Statements. Unless You have Opted-In to receive Your statements electronically (“eStatements”), You will receive a paper account statement. Additionally, You can view Your account transaction activity through Digital Banking for availability time period within this Service. CFCU in its sole discretion determines said time period. Opting-In to receive eStatements can be revoked at any time by the primary account owner within Digital Banking. For details on Opting-In and the revocation thereof, refer to the ESIGN Member Consent section above.
  2. Transfers Between CFCU Accounts. Transfers between CFCU accounts via Digital Banking may be accomplished within the parameters of the rules of the relevant accounts. Any transfer made from Your line of credit is considered a cash advance and finance charges begin to accrue from the effective date of the transfer in accordance with the terms of Your credit agreement(s). You are responsible for the accurate input of transfer transactions, including but not limited to the amount, accounts, and date. Regulations limit the number of certain types of transfers and/or withdrawals identified below that You can make from Your savings account and Your money market account to six (6) per calendar month. Any requests in excess of this limitation will be declined. The types of transfers limited are those requested by fax, telephone, internet, mobile, pre-authorized transfers, or transfers automatically generated from savings to cover checking overdrafts. Except for these regulatorily limited transfers, there is no limit on the number of transfers that can be performed per day. For security reasons, CFCU may impose further limitations or require additional authentication for transfers initiated via Digital Banking.
  3. Mobile Deposit. Mobile Deposit services are governed by a separate Mobile Deposit User Agreement.
  4. Check Orders. Check orders through Our check order provider may be initiated through Digital Banking for applicable accounts for which checks are allowed. By using the check order service, You are providing Your account information to a third party. You are responsible for accurate input of check order information and adherence to the terms and conditions of said order directly with the check provider. You remain responsible for any costs or fees affiliated with check orders. You agree that We are not liable for any claim resulting from Your provision of account information to this third party and that We are not responsible for the product or service of this third party or any use of their third party website, that website’s overall content, security, or privacy policies.
  5. Budgeting Tool/Spending. Budgeting Tool/Spending Services may be available for account aggregation purposes provided by CFCU’s selected third party provider (“Service Provider”). You agree to allow the Service Provider, its successors and assigns, and its third-party service providers access to and use of Your data, including user account information, account access information, registration information, and nonpublic personal information as provided by You, and as necessary for the provision of these specific Services. You represent and agree that all information You provide to us in connection with these specific Services is accurate, current, and complete. You agree not to misrepresent Your identity or account information. You agree to keep account information secure, up to date and You represent the following specific to the specific Services defined within this Section 5: that You are a legal owner or an authorized user as defined herein of the accounts at third party sites which You include or access through these specific Services; that You have the authority to use these specific Services and give Us and Our Service Providers the passwords, usernames, and all other information You provide; that CFCU has no liability to You or other third parties relating to any delays, inaccuracies or incomplete Services caused by the failure of CFCU or its Service Provider to properly or timely meet its obligations or requirements in connection with these specific Services; and, that You shall determine and be responsible for the completeness, authenticity and accuracy of all such information submitted to the Services. Your use of these specific Services is Your consent and authorization for CFCU or its Service Providers as Your agent, to access third party sites which You designate in order to retrieve information. You are licensing to CFCU and its Service Provider any information, data, passwords, usernames, PINS, personally identifiable information or other content that You provide through the Services. You authorize Us or Our Service Provider to use any information, data, passwords, usernames, PINS, personally identifiable information or other content that You provide through the Services or that we or our Service Providers retrieve on Your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. When using these specific Services, You may incur technical or other difficulties. We and our Service Provider are not liable for any claim arising from the authentication of user credentials that You enter as part of this specific Service. We nor our Service Provider shall be responsible for any technical or other difficulties or any resulting damages that You may incur. Any information displayed or provided as part of these specific Services is for informational purposes only, may not reflect Your most recent transactions, and should not be relied upon for transactional purposes. We and our Service Provider are not responsible for the accuracy of any third-party account information that is aggregated into this service. We and our service providers reserve the right to change, suspend or discontinue any or all of these Services at any time without prior notice. The Budgeting Tool/Spending Services are not intended to provide legal, tax, or financial advice. These Services, or certain portions and/or functionalities thereof, are provided strictly as educational in nature and are provided with the understanding that neither CFCU nor its Service Provider are engaging in rendering any accounting, investment, tax, legal, or other professional services. CFCU and its Service Provider specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on the Digital Banking site. Further, CFCU and its Service Provider are not responsible for any investment decisions or any damages or other losses resulting from decisions that You make and that arise in any way from the use of these Services or any materials or information accessible through these Services. Links may be provided to certain financial institutions and other service providers for your convenience only within this Service. CFCU is not a registered broker-dealers or financial advisor and does not endorse or recommend the services of any financial institution or advisor. The financial institution or other service provider You select within the Service is solely responsible for its services to You. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through Your use of these Services, may be used by us and our Service Providers, including their affiliates, to conduct certain analytical research, performance tracking, marketing and marketing program activities, and benchmarking. Your personally identifiable information will not be shared with or sold to third parties. Notwithstanding any other provision of this User Agreement, use of data collected through Your use of these Services for marketing and marketing program activities may include targeted marketing, meaning that specific marketing activities may be directed to a group of users, where each user meets certain pre-defined categories or characteristics.
  6. External Transfers. TransferNow, account to account transfer services, are governed by a separate TransferNow Terms of Services.
  7. Wires services may be available to allow You to request wire transfers. Only eligible accounts may have access to this service as defined by CFCU. Wire transfer requests submitted by You are subject to all applicable laws and regulations of the United States of America, including but not limited to the Patriot Act and OFAC, and all applicable laws and regulations of the State of New York, and applicable fees may apply. You are responsible for the accurate input of the wire transfer request and authorization of said payment. You understand that the numbers assigned to banks and to the accounts of recipients are critical to the transfer function. If You make an error in providing such numbers, you understand that the error may cause the transfers to be made to an incorrect/unintended bank or account, rather than to Your intended bank or recipient. You will be responsible for the full amount of any such erroneous transfer and CFCU will not be responsible or liable for any error made by You. You may ask CFCU to amend or cancel requested transfers and CFCU agrees to use commercially reasonable efforts to honor such requests if received in a timely manner providing Us with a reasonable opportunity to act on the request and before the transfer has completed. If You ask Us to attempt recovery of funds that have already been transferred, CFCU shall be under no obligation to do so and may take such actions as it deems reasonable, in its sole discretion, to attempt recovery. In no event shall CFCU be deemed to guarantee or otherwise assure successful recovery of the funds in full or in part, nor to have accepted any responsibility for any amount transferred before CFCU received and had reasonable time to act on a request to amend or cancel the transfer. If You request a transfer of funds in any currency other than US Dollars, CFCU will convert the currency at Our current exchange rate for the specified currency. If any funds are returned to You in any currency other than US Dollars, CFCU will convert the funds based on Our exchange rate for that currency at the time of return. In no event shall We be liable for any losses resulting from currency conversions effected by Us in good faith, within a reasonable time after receiving the funds for conversion. You shall pay all fees and charges that We may impose for transfers made under this section. Wire transfer requests are only processed on Credit Union business days as defined below. Wire requests submitted after 3:00 p.m. EST will be considered submitted on the next Business Day. For purposes of this Section, “Business Day” shall mean every day that is not a Saturday, Sunday, holiday, or any other day that CFCU is not open. The actual timeframe for processing and sending of the wire transfer is dependent on the nature of the request and upon receipt of any necessary items from You. For security reasons, We may require additional authentication for wire services prior to the completion of any transaction. CFCU is not liable for the timeliness of payment or receipt of any wire. We may limit, revoke, or restrict these wire services at any time without notice to You for any reason deemed appropriate by Us. We reserve the right to reject any wire transfer submissions at Our discretion, including those that are incomplete, do not follow any established authentication requirements or other procedures and instructions, violate OFAC or any other applicable laws or regulations, and/or for any other reason deemed appropriate by Us.
  8. Bill Pay and PopMoney Services. Bill Pay and PopMoney services may be available through Digital Banking. These services are governed by a separate agreement. CFCU is not responsible for the accuracy of information You provide to Bill Pay and/or PopMoney Services and is not responsible for the timeliness of payments conducted through these Services. Further, CFCU is not liable for any claim arising from the inaccuracy of information that You provide to Bill Pay and/or PopMoney Services or the untimeliness of any payments made via these Services.
  9. My Visa. Access to My Visa may be available through Digital Banking. These services are governed by a separate agreement. Refer to My Visa for this agreement.

 

Your Liability for Unauthorized Electronic Funds Transfers

You agree that You shall notify Us AT ONCE if You believe: Your account may have been accessed without Your authority; Your debit card, code, or password has been lost or stolen; someone has transferred or may transfer money from Your account without Your permission; or an electronic funds transfer has been made without Your permission using information from Your check.

The best way to minimize Your possible loss is to telephone or contact Us through message within Digital Banking, although You may advise Us in person or in writing. If You do not notify Us, You could lose all the money in Your account (plus Your maximum line of credit amount).

If You tell Us within two (2) Business Days after You discover that Your password or other means to access Your account has been lost or stolen, Your liability is no more than $50.00 should someone access Your account without Your permission. If You do not tell Us within two (2) Business Days after You discover such loss or theft, and We can prove that We could have prevented the unauthorized use of Your password or other means to access Your account if You had told Us within two (2) Business Days, You could be liable for as much as $500.00.

You agree that if Your statement shows transfers that You did not make or authorize, you will tell Us AT ONCE. If You do not report any unauthorized transfers to Us within sixty (60) days after the statement showing said unauthorized transfers was delivered to You, You may not get back any of money You lost after the sixty (60) days if We can prove that We could have stopped the unauthorized transfers if You had told Us within said time frame. If a good reason (such as a long trip or a hospital stay) prevented You from telling Us, We may in our sole discretion extend the time periods.

Telephone Numbers and Address to notify Us of unauthorized account access or activity, or lost or stolen credentials: 1-800-428-8340 or write us at: CFCU Community Credit Union Attn: Fraud, 1030 Craft Rd, Ithaca NY 14850.

For purposes of this Section, “Business Day” shall mean every day that is not a Saturday, Sunday, holiday, or any other day that CFCU is not open.

 

In Case of Errors or Questions About Your Electronic Transfers

If You think Your statement or receipt is wrong, or if You need more information about a transaction listed on Your statement or receipt, contact Us as soon as possible.  Call Us at 1-800-428-8340 or write Us at: CFCU Community Credit Union Attn: Member Solutions, 1030 Craft Rd, Ithaca NY 14850.

We must hear from You no later than sixty (60) days after the FIRST statement on which the problem or error appeared. When You contact Us: tell Us Your name and account number; describe the error or the transaction You are unsure about and clearly explain why You believe it is an error or why You need more information; and tell Us the dollar amount and date of the suspected error.

These are Our procedures for resolving errors:

  • If You tell us orally, we may require that You send Your complaint in writing within ten (10) Business Days after Your oral notification. We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days for new accounts) after You notify Us of the error and will correct any error promptly. However, if We require more time to confirm the nature of Your complaint or question, We reserve the right to take up to forty-five (45) days to complete our investigation. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, We may take up to ninety (90) days to investigate Your complaint or question. If We decide to do this, We will provisionally credit Your account within ten (10) Business Days (twenty (20) Business Days for new accounts) 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. A provisional credit is a temporary credit adjustment made to Your account during the time it takes Us to complete our investigation. If we ask You to submit Your complaint or question in writing and We do not receive it within ten (10) Business Days, We may remove the provisional credit from Your account. If it is determined that there was no error, We will reverse any provisional credits within one (1) Business Day of finishing Our investigation, and send You a written explanation within three (3) Business Days. If there are insufficient funds in Your account to cover the amount of the provisional credit, Your account will be overdrawn, and You will be responsible for payment. You may ask for copies of documents used in Our investigation.

 

Links

Links to other sites may be provided on the portion of Our website (“Site”) through which the specific Service is offered for Your convenience. By providing these links, We are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and further We are not responsible for the materials, services, and/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 Our Services Site pages. Consequently, We cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if You “click” on a banner advertisement or a search result, Your “click” may take You off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive. In addition, approved third parties on the Site may send cookies to users that we do not control. You may link to the home page of Our Site. However, You may not link to other pages of Our Site without Our express written permission. You also may not “frame” material on Our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.

 

Disclosure of Account Information to Third Parties

It is Our general policy to treat Your account information as confidential. However, We will disclose information to third parties about Your account in accordance with CFCU Privacy Policy, specifically for everyday business purposes as it is necessary for processing Your transactions, providing You Services, or maintaining Your account. CFCU Privacy Policy is posted on mycfcu.com.

 

Governing Law 

These Terms and Conditions shall be governed by Our bylaws, all applicable federal laws and regulations, including the E-Sign Act, the laws (including applicable principles of contract law) and the regulations of the state of New York, and local clearinghouse rules as amended from time to time.  As permitted by applicable law, You agree that any legal action regarding this agreement shall be brought in a county in which We have a branch location.  

 

Severability, Headings, Survival, and Inconsistencies.  In the event of a dispute regarding the Services offered through Digital Banking, You agree to resolve the dispute by looking to these Terms and Conditions. You further acknowledge that You have entered into a Membership and Account Agreement (“Membership Agreement”) with Us and that You will remain subject to the terms and conditions of said Membership Agreement.  You also agree, with respect to the Services and the portion of any sites utilized for Digital Banking or mobile app through which the Services are offered, that these Terms and Conditions are the complete and exclusive agreement between us, setting forth the entire understanding between us and You with respect to Digital Banking and supersedes any other proposal or prior agreement, oral or written, and any other communications between us in regard to the Services contained herein. You further agree that if there is a conflict between the terms of the Membership Agreement and these Terms and Conditions, the terms of the Membership Agreement shall prevail.  In the event there is a discrepancy between these Terms and Conditions and something stated by an employee, contractor, or Service Provider of ours, these Terms and Conditions will prevail. The headings of paragraphs hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Terms and Conditions. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any terms that by their nature should survive, will survive the termination of these Terms and Conditions. In the event of any inconsistency between prior agreements applicable to the CFCU mobile app and/or digital banking service(s) and these Terms and Conditions, then these Terms and Conditions shall apply and control.

 

No Waiver

We shall not be deemed to have waived any rights or remedies hereunder, unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

Assignment

You may not transfer or assign any rights or obligations You have under these Terms and Conditions to any party, person, or entity without our prior written consent, which We may withhold in our sole discretion. We reserve the right to transfer or assign these Terms and Conditions or any right or obligation under these Terms and Conditions at any time to any party. We may also assign or delegate certain of Our rights and responsibilities under these Terms and Conditions to independent contractors or other third parties.

 

Amendments

We may amend these Terms and Conditions for the Services at any time by posting a revised version on Our website, Mycfcu.com, or, where required by law, providing notice to You. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Services after a notice of change or after the posting of a revised version of these Terms and Conditions on Mycfcu.com will constitute Your agreement to such changes and revised versions. Further, We may, from time to time, revise, update, upgrade, or enhance the Services and/or related applications or material, which may render all such prior versions obsolete. Consequently, We reserve the right to terminate these Terms and Conditions as to all such prior versions of the Services, and/or related applications and material, and limit access to only the Services’ more recent revisions, updates, upgrades, or enhancements.

 

Remedies

If We have reason to believe that You have engaged in any of the prohibited or unauthorized activities described in these Terms and Conditions or have otherwise breached Your obligations under these Terms and Conditions, We may terminate, suspend, or limit Your access to or use of any sites utilized for Digital Banking or mobile app, and/or the Service(s); notify law enforcement, regulatory authorities, impacted third parties, and others as We deem appropriate; refuse to provide Our Service(s) to You in the future; and/or take legal action against You. In addition, We, in Our sole discretion, reserve the right to terminate Your consent to these Terms and Conditions, access to the Site, CFCU website, and/or use of the Service(s) for any reason or no reason and at any time. The remedies contained in this paragraph are cumulative and are in addition to the other rights and remedies available to Us under these Terms and Conditions, by law or otherwise.

 

Indemnification

You agree to defend, indemnify, and hold harmless Us and Our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim, or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Your breach of these Terms and Conditions, Your use of CFCU mobile app or Site, and/or the Services offered through Mobile or Digital Banking.

 

Release

You release Us and Our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between You or one or more other users of any sites utilized for Digital Banking or mobile app, or the Service(s). In addition, You waive California Civil Code §1542, which states that a general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her, must have materially affected his or her settlement with the debtor.

 

Relationship to Other Agreements

You agree that when You use Mobile and Digital Banking Services, You will remain subject to the terms and conditions of all existing agreements with Our affiliates and Us. You acknowledge that certain wireless service providers and/or wireless carriers may assess fees, limitations, and/or restrictions that might impact Your use of Mobile or Digital Banking (for example, Your mobile service carrier or provider may impose data usage or text charges for Your use of or interaction with Mobile Banking, including downloading the software, receiving or sending Mobile Banking text messages, or other use of Your wireless device when using the software or other products and services provided by Mobile Banking). You expressly agree that You are responsible for all such fees, limitations, and restrictions.

 

Intellectual Property

 All marks and logos related to the Service(s) may be trademarks or registered trademarks of Us or Our licensors. In addition, all page headers, custom graphics, button icons, and scripts are Our service marks, trademarks, and/or trade dress or those of Our licensors. You may not copy, imitate, or use any of the above without Our prior written consent, which We may withhold in Our sole discretion, and You may not use them in a manner that is disparaging to Us or the Service(s) or display them in any manner that implies our sponsorship or endorsement. All right, title, and interest in and to the Service(s), that portion of any sites utilized for Digital Banking or mobile app through which the Service(s) is/are offered, the technology related to any sites utilized for Digital Banking or mobile app and Service(s), and any and all technology and any content created or derived from any of the foregoing, is Our exclusive property or that of Our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information You may send to Us through or regarding Digital Banking, the Site, or Service(s) shall be considered an uncompensated contribution of intellectual property to Us and Our licensors, shall also be deemed Our and Our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on Our part. By submitting any such materials to Us, You automatically grant (or warrant that the owner of such materials has expressly granted) to Us and Our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and You warrant that all so-called “moral rights” in those materials have been waived, and You warrant that You have the right to make these warranties and transfers of rights.

 

Exclusions of Warranties

DIGITAL BANKING AND APPLICABLE SERVICE(S), AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SERVICE(S), AND OPERATION OF ANY SITES UTILIZED FOR DIGITAL BANKING OR MOBILE APPMAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

Limitation of Liability

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE(S) AND THE PORTION OF ANY SITES UTILIZED FOR DIGITAL BANKING OR MOBILE APPTHROUGH WHICH THE SERVICE(S) IS/ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE(S) MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE(S), WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE(S) CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE(S) OR THE PORTION OF ANY SITES UTILIZED FOR DIGITAL BANKING OR MOBILE APPTHROUGH WHICH THE SERVICE(S) IS/ ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE(S) OR ANY PORTION OF ANY SITES UTILIZED FOR DIGITAL BANKING OR MOBILE APPTHROUGH WHICH THE SERVICE(S) IS/ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT PROCEEDING AS DESCRIBED ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

Version 12-2018