ONLINE BANKING, MOBILE BANKING, AND RELATED ELECTRONIC PRODUCTS AND SERVICES
AGREEMENT AND DISCLOSURE
PARK VIEW FEDERAL CREDIT UNION
This Agreement and Disclosure (occasionally referred to below as the "Agreement" or the "Online and Mobile Banking Agreement") applies to all services, including electronic funds transfer (EFT) services, related to the following products offered by Park View Federal Credit Union (PVFCU):
These products are occasionally referred to collectively in this Agreement as "PVFCU Electronic Products and Services."
This Agreement is provided to members according to applicable laws and regulations, including but not limited to the provisions of the Electronic Fund Transfer Act and the Consumer Financial Protection Bureau's Regulation E. This agreement supplements the PVFCU Membership Booklet, which also governs these services, but if there are inconsistencies between this Agreement and the Membership Booklet, the provisions of this Agreement shall control any issues related to the PVFCU Electronic Products and Services.
Your use of the PVFCU Electronic Products and Services constitutes your consent to be bound to this Agreement and the applicable portions of the PVFCU Membership Booklet. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement and the PVFCU Membership Booklet from time to time (and at any time), and it is the most current versions that are applicable to your use of these services at any point in time. When changes are made, we will update this Agreement on the PVFCU website, and your continued use of any of the PVFCU Electronic Products and Services constitutes your acceptance of the changes. You will have the right to terminate the Agreement prior to the effective date of the amendment.
As used in this disclosure, the words "we", "us", "PVFCU" or "Credit Union" refer to Park View Federal Credit Union; the words "I", "you" and "your" refer to the Credit Union's member. "Device" means a supportable mobile device including a cellular phone, smart phone, or other mobile device that is web‐enabled and allows secure socket layer (SSL) traffic capable of receiving text messages. "MoneyView Mobile" refers to mobile banking access by a mobile website or mobile applications. Your wireless carrier may assess fees for data, text messaging, or web services. Please consult your wireless plan provider for details.
Consent to Receive Electronic Communications and Records
To enroll for use of any (or all) the PVFCU Electronic Products and Services, you must consent to receive all communications and records regarding the services (including disclosures, notices, account records, and other documents and information) electronically. Electronic communications and records may be posted on the PVFCU website and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying PVFCU of your decision to do so. If you revoke your consent to receive communications electronically, PVFCU will terminate your ability to use these services.
It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. In order to view and retain electronic communications, you must have internet access; an e-mail account; an internet browser that supports the appropriate level of encryption; sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and satisfy any other equipment and technical requirements specified elsewhere in this Agreement. If you want a paper copy of any of the electronic communications or records related to the services, you must print a copy and retain it for your records. PVFCU makes no guarantee that it will be able to provide you with paper copies of these communications or records, and you should understand that, even if we are willing and able to do so in connection with a particular request, fees may apply. This is how you contact us:
Call, Fax, e-mail or notify us in writing:
Telephone (540) 434-6444 or toll free 1-888-900-6444
Fax (540) 433-0108
Park View Federal Credit Union
1675 Virginia Avenue
Harrisonburg VA 22802
Electronic Funds Transfers - Supplemental Agreement & Disclosure
To the extent that any of the PVFCU Electronic Products and Services (including but not limited to MoneyView Online, MoneyView Mobile, and Online Bill Payment Service) provides you with electronic funds transfer services (as defined in the Electronic Funds Transfer Act), any such transfers are subject to the Electronic Funds Transfer Agreement and Disclosure in PVFCU's Membership Agreement, as supplemented by the disclosures, terms, and conditions in this Agreement. All transactions done using PVFCU Electronic Products and Services are also subject to the terms of the specific deposit or loan account agreements and disclosures and the current service fee schedule.
For any electronic or preauthorized transfers to your share or share draft account that are unrelated to MoneyView Online or MoneyView Mobile, please refer to the Electronic Funds Transfer Agreement and Disclosure in PVFCU's Membership Booklet.
Equipment and Technical Requirements
You understand that to use PVFCU's MoneyView Online, You must have internet access through an internet provider and internet browser software. You understand that the Credit Union does not make any warranties on equipment, hardware, software, applications (or apps), or internet provider service, or any part of them, expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. The Credit Union is not responsible for any loss, injury or damages, whether direct, indirect, special, or consequential, caused by the internet provider, by PVFCU's MoneyView Online, or by any related software used in the installation, use or maintenance of your personal computer hardware, software, or other equipment.
PVFCU does not guarantee that your device or mobile phone service provider will be compatible with PVFCU's MoneyView Mobile. The Credit Union is not responsible for errors or delays or your inability to access the service caused by your device. We are not responsible for the cost of upgrading the device to remain current with the Service. We are not responsible for any damage to the device or the data within.
Personal computers, mobile phones and other devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your equipment is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as "viruses") which could result in damage to programs, files, and/or your equipment or could result in information being intercepted by a third party. PVFCU will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. PVFCU will also not be responsible if any non‐public personal information is accessed via online banking or mobile banking due to any of the above named viruses residing or being contracted by your computer, phone or device at any time or from any source. All telephone or wireless charges associated with online banking or mobile banking are your responsibility. All other fees which have been separately disclosed to you in connection with your account(s) will continue to apply to the account(s) and to your online banking and mobile banking.
Types of Services/Transfers Available/Transfer Limitations
With appropriate access and your authentication information, you may perform transactions such as the following in MoneyView Online or MoneyView Mobile:
Under Federal Reserve Board Regulation D, you are permitted to make no more than six (6) transfers or withdrawals from a savings suffix per month for certain transactions. Among these are transfers between accounts using online banking and/or mobile banking. Transfers or withdrawals from checking are not transactions limited by Regulation D. PVFCU complies with Regulation D; therefore, we restrict your ability to make transfers or withdrawals in excess of six (6) per month.
In MoneyView Online, you may designate "linked" accounts at the Credit Union between which you may transfer funds electronically. In addition, you may designate accounts in your name at other financial institutions to/from which you may transfer funds. Setup of linked accounts includes a verification procedure. Information about the verification process is available on the Credit Union's website.
You understand that the limit of the amount you may transfer is the available balance in your account. You authorize us to transfer funds electronically between designated account(s) according to your instruction. You understand that using the transfer feature will transfer funds electronically to another account specified by you using the other member's provided account information. The transfer feature and its use do not give you any right or authority to request information concerning the other member's account. Transfers cannot be recovered once submitted to the ACH network. Your account history showing your half of the transfer will be your record of the transfer transaction.
Mobile Banking Services
PVFCU reserves the right to limit the types and numbers of accounts eligible for mobile banking, and the right to refuse to make any transaction you request through mobile banking. We may also reserve the right to modify the scope of the service at any time. Mobile banking may not be accessible or may have limited service over some network carriers. Mobile banking may also not be supported by all devices. PVFCU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of network" issues.
You agree that, when you use mobile banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of mobile banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.
With online banking Alerts, you can ask us to send you automated e-mail messages about your account. Each Alert becomes effective after you set up and activate it in the Alerts menu.
You can manage the types of your Alerts, and you can suspend or stop any Alert at any time. We reserve the right to change the types of Alerts available or terminate Alert service at any time. You must be aware Alerts are not encrypted, so anyone with access to your e-mail will be able to view your Alerts and their contents. Depending upon which Alerts you select, they may include information such as your account balance, payment due date, or other account-related information.
Alerts are normally processed daily; they are not real-time. Alert information may also be subject to other time lags and/or delays. We do not guarantee the delivery, timeliness nor accuracy of any Alert, whether within or outside our control. In requesting Alerts, you agree we will not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; any errors in Alert contents; or any actions you or anyone else may take or not take in reliance on an Alert.
Alerts are sent to the e-mail address and/or mobile number you specify. If you change your e-mail address and/or mobile number, you are responsible for informing us of the change.
Online Banking Online User Precautions
As with all financial transactions, please exercise discretion when using online banking. The following suggestions may be helpful:
Short Message Service (SMS Texting)
PVFCU's online banking service enables you to access your account(s) through an SMS text enabled device. By activating one or more devices for this service, you agree to receive and send electronic text messages about your accounts and/or request certain transfers on your account(s). We will send text messages to you based upon the instructions you provide at the time of the SMS request that you send. You hereby acknowledge and accept that each message is sent to you without being encrypted and will include certain information requested on your account(s). You may request and receive text messages concerning your accounts on any text enabled device. It is your responsibility to determine if your wireless carrier provider supports text messaging and your device is capable of receiving text messages. Your use of text banking may result in additional charges from your wireless carrier.
Once you activate your device for this service, you are responsible for keeping any personal information in your device secure. For your protection, you agree to cancel or update your SMS service if your wireless service is cancelled, your number is changed or your device is lost or stolen. Contact PVFCU if your device is lost or stolen. You also agree to erase your "Sent Messages" and "Inbox" that may contain your SMS PIN number or other personal information. If your phone number changes, you will be responsible for updating your instructions to us.
You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). The Credit Union will not be liable for any losses, damages or costs that may arise in whole or in part, from non‐delivery, delayed delivery, or the misdirected delivery of any message; inaccurate or incomplete content in any message; or your reliance on or use of the information provided in any SMS service message for any purpose. A SMS message does not constitute an official record for the account to which it pertains. The Credit Union reserves the right to terminate this service or begin charging a fee for this service at any time.
Accurate Information/Account Ownership
You agree that all information provided to us in connection with online or mobile banking is accurate, current and complete. You agree you will keep PVFCU informed on any changes to your e-mail address. You agree that you are legally authorized to access the accounts and other financial information which may be accessed via online or mobile banking. Linked accounts may appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses MoneyView, that authorized user may be able to view and access at a single time the following accounts:
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using online banking or mobile banking. You agree you will not give out account information, user log in or passwords, leave your computer or electronic device unattended while on online banking, allow your computer or electronic device to store your user name and password, leave account information in view or range of others, nor will you send any private account information via a public or general e-mail system. You also agree to log out of online banking completely if you are using a public computer. You agree not to leave your phone or device unattended while logged into mobile banking and to log off immediately at the completion of each access by you. We recommend that you change your password regularly. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and account information confidential. We make no representation that any content or use of mobile banking is available in locations outside the United States. Accessing mobile banking from locations outside the United States is at your own risk. If you permit others to use your user ID and/or password, you are responsible for any transactions they authorize or conduct on any of your accounts.
Member Liability for Unauthorized EFTs
You must contact us immediately if you believe your user ID and/or password have been lost or stolen. Telephoning is the best way to keep your possible losses down. If you fail to notify us promptly you could lose all the money in your account. If, on the other hand, you provide prompt notice, then for any unauthorized transfers that qualify as electronic fund transfers, your liability may be limited under the Electronic Fund Transfer Act and the CFPB's Regulation E. Specifically:
If you tell us within 2 business days, you can lose no more than $50 if someone used your password without your permission.
If you do not contact us within 2 business days after you learn of the loss or theft, and we can prove we could have stopped someone from using your user ID and password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transactions that you did not make, let us know right away. If you do not notify us within 60 days after the statement or notice of statement availability was transmitted to you, you may not get back 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 told us in time. If a good reason kept you from notifying us, we may extend the time periods.
If you believe that your user ID and/or password have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call, Fax, e-mail or notify us in writing:
Telephone (540) 434-6444 or toll free 1-888-900-6444
Fax (540) 433-0108
Park View Federal Credit Union
1675 Virginia Avenue
Harrisonburg VA 22802
These limits on your potential liability for unauthorized transactions apply to consumer accounts. Your potential liability for unauthorized transactions on business accounts may be unlimited.
NOTE: Knowledge of your user ID and password will allow access to your accounts to unauthorized persons. Memorize this information or keep it in a completely separate place for your protection.
The business hours of the Credit Union are: Monday through Thursday - 8:30 a.m. to 5:00 p.m. Eastern; Friday - 8:30 a.m. to 6:00 p.m. Eastern; (we are open Saturday - 8:30 a.m. to 12:00 p.m. Eastern, but Saturdays are not considered a regular business day for the purposes of electronic transactions.) Business hours are subject to change without notice. Holidays are not included.
Documentation of Transfers
You will receive a confirmation screen with reference information after every transfer you make. Your monthly statement will show all electronic funds transfers. Any documentation provided to you that indicates that an electronic funds transfer has been made shall be admissible as evidence and proof that such a transfer was made.
Credit Union Liability for Failure to Make Transfers
If the Credit Union does not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may not be held liable for your losses or damages:
There may be other exceptions.
Account Information Disclosure
We will not disclose information about your account or PVFCU's MoneyView Online transfers to others without your written permission except to complete transactions, to verify the existence and the standing of the account upon proper written request, or to comply with a governmental agency or court order, etc.
BILL PAYMENT SERVICE - ADDITIONAL TERMS, CONDITIONS, AND DISCLOSURES
If PVFCU approves you to use its online Bill Payment Service (also referred to within this section as "Bill Payment" or "Service") your use of the Bill Payment Service (BPS) constitutes your consent to this Agreement, as supplemented by the terms and conditions described in this section (also referred to as "BPS Terms and Conditions"). The provisions of PVFCU's Membership and Account Agreement and applicable service terms are incorporated into this Agreement by reference.
As used in this section of this section of the Agreement, which relates to the BPS Terms and Conditions:
"BPS Terms and Conditions" shall mean this Agreement, as supplemented by the terms and conditions defined in this section of the Agreement.
"Credit Union", "we", or "us" shall refer to PVFCU.
"Service" shall mean the Bill Payment Service offered by the Credit Union and associated third party providers.
"You" or "Your" or "Subscriber" shall mean each person who signs the Bill Payment Service enrollment form or is otherwise authorized to use the Service.
"Payee" shall mean the individual, business or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize the Credit Union to remit payments on your behalf through the Service.
"Payee List" shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments.
"Merchant" shall mean any business Payee you establish within the Service for whom the Service provider has established a business relationship expressly for the purpose of remitting Payments from the Service.
"Funding Account" shall mean the checking or similar account for which you are an authorized signer, and from which the Credit Union may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.
"Fee Account" shall mean the checking or similar account for which you are an authorized signer, and from which the Credit Union may automatically debit or otherwise collect all Service fees.
"Business Day" shall mean every Monday through Friday, excluding Bank holidays.
"Scheduled Payment" shall mean the payment instructions you establish within the Service in order to properly direct funds from the Funding Account you designate to the Payee you designate.
"One-Time Payment" shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.
"Recurring Payment" shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.
"Payment" shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.
"Payment Amount" shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee.
"Payment Date" or "Withdraw On Date" or "Withdrawal Date" shall mean the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient available funds must exist in the Funding Account.
"Due Date" or "Deliver By Date" or "Delivery Date" shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.
"Cut-Off Time" shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AND RECORDS
As with the other PVFCU Electronic Products and Services, in order to use PVFCU's Bill Payment Service, you must consent to receive all communications and records regarding the service (including disclosures, notices, account records, and other documents and information) electronically. See above for more details about what your consent means.
BILL PAYMENT SERVICE
You may use PVFCU's Bill Payment Service, to direct us and/or our Service provider to make payments from your Funding Account to the Payees you choose in accordance with the BPS Terms and Conditions. You must be 18 years of age or older to enroll in the Bill Payment Service. The BPS Terms and Conditions are in addition to this Agreement and other agreements, disclosures and other documents in effect from time to time governing your Funding Account.
The Service provider will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Payment Due Date or Deliver By Date, provided that the Payment was scheduled and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Service provider shall not be responsible for any such charges if the Service provider does not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this BPS Terms and Conditions, including, without limitation, those payments described under the Exception Payments section below.
The Service provider shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. Neither the Service provider nor the Credit Union shall be liable for any Payment transaction if: (i) you do not have enough money in your Funding Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Funding Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct information about the Funding Account, Payment or Payee; (viii) you did not properly follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; or (xi) circumstances beyond the Service provider's control (such as fire, flood or improper transmission or handling by a third party) prevent, hinder or delay the transaction.
With the exception of the foregoing, if the Service provider incorrectly debits your Funding Account and/or directs funds from your Funding Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Service provider shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Funding Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We and/or Service provider are not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. We and/or Service provider are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We and/or Service provider are not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be PVFCU's and/or Service provider's agent. In any event, we and/or Service provider will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with the BPS Terms and Conditions or the Service, even if the we and/or Service provider has knowledge of the possibility of them. The Credit Union and/or Service provider is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Service provider's and/or our reasonable control.
SETTING UP AND MAINTAINING PAYEES
You may add, modify or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as (but not limited to) the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc., except where the Service provider expressly indicates that it shall manage such Payee information, such as a Merchant's remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or PVFCU reserve the right to refuse or remove a Payee for any reason.
SETTING UP PAYMENTS
To schedule Payments you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee's instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider's or the Credit Union's control. The Service provider and/or PVFCU reserve the right to refuse or cancel a Payment for any reason.
The earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Payment Date / Withdraw On Date or Due Date / Deliver By Date earlier than the earliest possible dates presented. The Service determines this earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days). A Payee's location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Service's Cut-Off Time shall be processed no earlier than the following Business Day. Currently, the Cut-Off Time is 3:00 p.m. Central Standard Time, but the Service provider and/or PVFCU may change the Cut-Off Time without prior notice.
You should carefully consider factors such as the Payee's date payment due, grace period, whether the Payee's date payment due falls on a non-Business Day, etc., when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee's date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date / Withdraw On Date or Due Date / Deliver By Date in each case, and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee's requirements. Neither the Service provider nor PVFCU shall be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, nor as a result of a Payee's payment processing policies, or any other circumstance outside the Service provider's control.
Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
EDITING OR CANCELING PAYMENTS
Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day Payment is going to be processed. Once a Payment is in-process, it cannot be canceled through the Service. Instead, you must contact Customer Service to request a stop payment. A Recurring Payment may be edited or canceled after processing for the current Payment instance is complete.
You may request to stop payment after a payment has been processed by contacting Customer Service. The Service's ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Service provider and PVFCU will make commercially reasonable efforts to stop payment per your request, but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.
Tax payments and court ordered payments are discouraged and must be scheduled at your own risk. In no event shall we or Service provider be liable for any claims or damages resulting from you scheduling these types of payments. The Service provider shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.
BILL PAYMENT PROCESS
The Service will process Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or bank holidays. The Service will debit your Funding Account or issue a draft against your Funding Account, and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Due Date / Deliver By Date as is reasonably practicable.
Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases Payments can be remitted by check. The Service provider shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Merchants' remittance requirements, the Service reserves the right to change or update Payee data, or alter the method of Payment remittance. Neither the Service provider nor we shall be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee's payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Funding Account are available; or e) other circumstances beyond its control.
When you schedule a Payment, you expressly authorize the Service provider and/or us to withdraw from your Funding Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Funding Account for any applicable Service related fees. You further authorize the Credit Union to credit your Funding Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Funding Account is an account from which you are authorized to make payments and incur debits.
You agree to have available and collected funds on deposit in the designated Funding Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to us. PVFCU reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of the BPS Terms and Conditions, this Agreement, or any other agreements between you and PVFCU. If you do not have sufficient funds in the Funding Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree PVFCU, at its option, may charge any of your accounts at the Credit Union to cover such Payment obligations.
You authorize the Service provider and the Credit Union to contact your Payees to request appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Funding Account in connection with the Service in the unlikely event that the Service remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Funding Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds.
In using the Service, you understand that Payments may be returned by or to the Service provider for various reasons including but not limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Service shall use commercially reasonable efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
Additional charges may apply for Subscriber requested Services and Other items. These charges will only be assessed if you request one or more of the services. Reference the Service Schedule available on our website for the list of current fees. There will be no charge for any item if needed to correct a Service error.
PVFCU and/or the Service provider reserve the right to charge you for research time involving payments no longer available in your Payment history screen. You will be informed of any such charges before they are incurred.
Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.
REMOTE CHECK DEPOSIT SERVICE - ADDITIONAL TERMS, CONDITIONS, AND DISCLOSURES
If PVFCU approves you to use its Remote Check Deposit Service (also referred to within this section as "Remote Deposit Service" or "Service") your use of the Remote Deposit Service constitutes your consent to this Agreement, as supplemented by the terms and conditions described in this section (also referred to as "RCD Terms and Conditions"). The provisions of PVFCU's Membership and Account Agreement contained in our Membership Booklet and applicable service terms are incorporated into this Agreement by reference.
You accept and agree that the Remote Deposit Service or any portion of the Service may be provided by one or more subcontractors.
As used in this section of this section of the Agreement, which relates to the RCD Terms and Conditions:
"Member" means a person that has a membership with PVFCU.
"Business Day" means any day which PVFCU is open to conduct substantially all of its services, but does not include Saturday, Sunday or PVFCU holidays.
"Scanner" means any device acceptable to the Credit Union, which provides for the capture of images from original items and for transmission through a clearing process.
"Item" means a check, a paper item, or an electronic item (i.e., an electronic image of an item together with information describing that item). Acceptable items include personal checks, government checks, business checks, money orders, traveler's checks and cashiers or certified checks drawn on a U.S. financial institution and in U.S. funds. It is understood that Member will only be transmitting electronic images of the front and back of items. In order for an item to be processed for deposit, it must be properly endorsed in the proper location on the back of the item and signed by the payee.
"Service" means the specific Remote Check Deposit Service provided by Credit Union. The Service shall be provided for items received with a consumer or business purpose being deposited into an account at PVFCU.
Third party checks are not allowed using the Remote Check Deposit service.
"Service Start Date" means the date that the Service is first utilized by the Member.
"Technology" means PVFCU's or our subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of items. Said applications are accessed through scanners, utilizing software and hardware provided by or acceptable to the Credit Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of items. Technology may include, but is not limited to, Member service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by PVFCU or its subcontractors and used in the provision of Services hereunder.
"Access Systems" means all services, hardware, software and other technology (including high speed Internet access service) necessary to access the Service.
"Subcontractors" means any third party service provider of the Service.
"Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AND RECORDS
As with the other PVFCU Electronic Products and Services, in order to use PVFCU's Enhanced Online Services, you must consent to receive all communications and records regarding the service (including disclosures, notices, account records, and other documents and information) electronically. See above for more details about what your consent means.
TERMS AND CONDITIONS
In order to utilize the Remote Deposit Service, you must have compatible hardware and software. Contact us for the latest requirements.
To access your account(s) with the Credit Union, you must have an eligible account with us. When using the Service, you will provide, at your sole cost and expense, all Access Systems and will be solely responsible for installing, maintaining, securing and supporting all such Access Systems. You are responsible for providing a valid e-mail address.
PVFCU is not responsible for any error or failures from any malfunction of any Access Systems, and PVFCU is not responsible for any computer virus or related problems that may be associated with the access to or use of the Service. PVFCU does not guarantee that the Service will be compatible with all computer systems and Internet browsers, routers or firewalls. Further, the Credit Union does not and cannot control the flow of data to or from the network, its service provider's networks or other portions of the Internet. Accordingly, PVFCU cannot guarantee that your connection to the Internet will not be impaired or disrupted, and PVFCU hereby disclaims any and all liability resulting from or related to such events.
PVFCU reserves the right to deny, suspend or revoke access to the Remote Deposit Service immediately, in whole or in part, at its sole discretion, without notice if we believe that you are in breach of this Agreement, the RCD Terms and Conditions, or any other agreement between you and PVFCU, or that you are otherwise using or accessing the Service inconsistent with the terms and conditions hereof. Further, PVFCU or our subcontractor shall have the right to suspend the Service immediately in the event of an emergency.
You will be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically, and deposited using the Service, and you agree to indemnify and hold PVFCU harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically using the Service, or (ii) for any items being submitted for deposit or presented for payment more than once. There are no laws or regulations that state how long original items should be retained prior to destruction; therefore, retention timeframes are set at your discretion.
Unless you notify us of any errors to deposits made through the Remote Deposit Service within 60 days after the applicable account statement is mailed or otherwise provided to you, such statement regarding all deposits made through the Service shall be deemed to be correct.
Images of items transmitted by you are not considered received by the Credit Union until you have received an electronic confirmation of the receipt of the deposit from us. However, receipt of the confirmation from us does not mean that the transmission was error free or complete.
Deposited funds will be available in accordance with the Funds Availability Policy disclosure in our Membership Booklet. Any crediting of your account for items deposited via the Remote Deposit Service is provisional, subject to verification and final settlement. Any dishonored items will be returned as an image of the original or as a substitute check. Any dishonored item is subject to a fee according to PVFCU's Service Fee Schedule at the time of the return. Please refer to the PVFCU Service Fee Schedule for details.
You agree not to use the Remote Deposit Service in any way that could potentially harm PVFCU's network or sites, or the network or sites of its third party service providers. You may not, nor will you permit or assist others to, abuse or fraudulently use the Service. You may not use the Service in any way that: (i) transmits any item or other materials via the Service that is deceptive or fraudulent; (ii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing banking and criminal activity); (iii) transmits or distributes any viruses, worms, time bombs, Trojan horses, or other destructive software of devices; (iv) attempts to break or circumvent security, or in fact, breaks or circumvents security of any computer network of the Credit Union, its subcontractors or service providers.
PVFCU warrants that the Service shall be performed in a workman-like and professional manner consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND PVFCU HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PVFCU NOR ANY OF ITS SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER CAUSED BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER'S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL PVFCU OR ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR SOFTWARE USED BY THE MEMBER OR PVFCU IN CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR SOFTWARE.
PVFCU may immediately terminate the Remote Deposit Service or any portion of the Service if we determine that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and with notice, decides to cease providing this Service. Except in the event of emergency or to safeguard the Credit Union's accounts, networks or systems, PVFCU shall give written notice of such termination or access limitation, which may be given by Internet secure message, or sent to you at the address shown on our records, or sent to you by e-mail). You may terminate the Service with notice to PVFCU in person, by phone, written notification through postal mail or by electronic mail message (e-mail). No minimum time is required by you for notification to the Credit Union.
PVFCU may use third party service providers to provide some or all of the Service under this Agreement on behalf of the Credit Union.
You agree that any notices, related to the Remote Deposit Service, that are required or permitted under the RCD Terms and Conditions, may be given electronically.
MX & DEBIT REWARDS OFFERS - ADDITIONAL TERMS, CONDITIONS, AND DISCLOSURES
If PVFCU approves your use of MX and Debit Rewards Offers (also referred to within this section as "Enhanced Online Services") your use of Enhanced Online Services constitutes your consent to this Agreement, as supplemented by the terms and conditions described in this section (also referred to as "MX & Debit Rewards Terms and Conditions"). The provisions of PVFCU's Membership and Account Agreement and applicable service terms are incorporated into this Agreement by reference.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AND RECORDS
As with the other PVFCU Electronic Products and Services, in order to use PVFCU's Enhanced Online Services, you must consent to receive all communications and records regarding the service (including disclosures, notices, account records, and other documents and information) electronically. See above for more details about what your consent means.
LICENSE GRANT AND RESTRICTIONS
You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the MX Service (also referred to in this section as the "Service") solely to manage your financial data, and the purchase rewards application ("Debit Rewards Offers") to benefit from your debit card purchases.
In addition to the MX Service and the Debit Rewards Offers, the terms "Service" and "Debit Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the MX site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.
The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
YOUR INFORMATION AND ACCOUNT DATA WITH US
You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, e-mail and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS
Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
USE, STORAGE AND ACCESS
We shall have the right, in our sole discretion and with reasonable notice posted on the MX site and/or sent to your e-mail address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
THIRD PARTY SERVICES
In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
THIRD PARTY WEBSITES
The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
DEBIT REWARDS OFFERS
If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.
Debit Rewards Offers Account
You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement. You understand and agree that we make no warranties and have no liability as to:
Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
You are solely responsible for controlling the safekeeping of and access to your user identification, passwords and other means to access your accounts and any other PVFCU Electronic Products and Services. You agree not to give out or make available your user identification, passwords, access codes, authenticating images or other means to access your accounts or any other PVFCU Electronic Products and Services (referred to collectively as "PVFCU access information"), to any unauthorized individuals. You are responsible for all transactions authorized by you or by anyone to whom you provide PVFCU access information, including but not limited to payment transactions authorized by anyone with access information for your Bill Payment Service. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority. See also Equipment and Technical Requirements above .
UNAUTHORIZED ACTIVITY AND ERRORS
If you believe or suspect that any of your PVFCU access information (such as your user identification, password, access code, authenticating image or other means to access your accounts) has been lost, stolen or otherwise compromised; that someone may attempt to access your accounts or use any of your PVFCU Electronic Products and Services without your consent; that someone has transferred money without your permission; or that there has been any fraudulent activity in your account(s), you must notify the Credit Union at once. See Member Liability for Unauthorized EFTs above.
OTHER GENERAL CONDITIONS
ELECTRONIC MAIL (E-MAIL)
Sending e-mail is a very good way to communicate with us; however, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You may not use e-mail to initiate Service transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither any Service provider nor the Credit Union shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Neither the Service provider nor PVFCU is responsible for any electronic virus that you may encounter using the Services. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. See also Equipment and Technical Requirements above.
DAMAGES AND WARRANTIES
In addition to the terms previously disclosed, PVFCU and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by us or one of our suppliers. In addition, PVFCU and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither PVFCU and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. We and the Service provider our suppliers provide Bill Payment Services from our own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither PVFVU nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Credit Union and/or Service provider's web sites. PVFCU AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Subscriber shall indemnify, defend and hold harmless PVFCU and Service provider and their affiliates, officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Subscriber's negligence; (ii) Subscriber's failure to comply with applicable law; or (iii) Subscriber's failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, we and Service provider shall be entitled to an injunction prohibiting any breach of this Agreement by Subscriber.
AMENDMENT AND TERMINATION
PVFCU and Service provider reserve the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, you will be notified by: 1) electronic mail; 2) physical mail at the address shown in our records; 3) update of our web site; and/or 4) as otherwise permitted by law. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes.
You may terminate this Agreement by contacting us. Neither we nor Service provider are responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice. Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well. You remain obligated for all Payments made by the Service on your behalf under this Agreement.
APPLICABLE RULES, LAWS, AND REGULATIONS
This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent there is no applicable federal law or regulation, by the State of Virginia. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Harrisonburg, Virginia, and any such court shall have jurisdiction over you for purposes of resolving the dispute. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
Park View Federal Credit Union and Service provider may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Subscriber may not assign this Agreement to any other party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Credit Union.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
In the event of a dispute regarding the Service, you and PVFCU and Service provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what is said by a Service provider and/or PVFCU's employee or Customer Service Department and the terms of this Agreement, the terms of this Agreement shall prevail.
Park View Federal Credit Union and Service provider shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by us and/or Service provider of a breach of this Agreement shall constitute a waiver by such party of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
HEADINGS AND CAPTIONS
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.