Digital Banking Terms and Conditions
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Section l: General Terms and Conditions
Section II: E-Sign Disclosure and Consent Agreement
Section III: Mobile Deposit Terms and Conditions
Section IV: External Transfer Service Terms and Conditions
Section V: Zelle Network® Standard Terms
Section VI: Terms and Conditions of the Bill Payment Service
Section VII: Credit Card MyCardInfo Terms of Use
Section 1: General Terms and Conditions
A. ELECTRONIC NOTICE DISCLOSURE AND AGREEMENT
Membership Agreement and Disclosures
Business Membership and Account Agreement
B. GENERAL DEFINITIONS
The words “you” and “your” mean each account owner and anyone else who has access to the accounts. If there is more than one owner, then the words mean each account holder separately, and all owners jointly.
“Access Device” means any electronic device you use to access your account and view electronic documents. This includes but is not limited to a traditional computer such as a desktop or laptop; or a mobile device such as a tablet computer or a smartphone.
“Automated Clearing House (ACH)” means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial institutions.
"Account" means an account that is eligible to access the Services and from which payments will be debited, service fees, if any, will be automatically debited or to which payments and credits to your will be credited. It may include a checking, savings, money market savings, certificate of deposit or any other deposit account you have opened with us or about which you have inquired. “Account” also may include your loan accounts with us, including but not limited to a home equity line of credit, premier line of credit and certain other loan products. These loan accounts are also governed by separate agreements, disclosures and other documents which you should refer to for details and requirements. Account does not include credit cards if the creditor, issuer, and service provider of the credit card is Elan Financial Services.
"Account Balance" means any and all funds in the Account without regard to any pending activity. Please refer to the Deposit Account Agreement for more information.
“Available Balance” means the account balance minus any pending holds on recently deposited checks or funds held to offset the amount of a check recently cashed against your account, memo posts (e.g., debit card authorization for a purchase), and /or any holds for legal process or other freezes on your Account authorized by the Deposit Account Agreement. Please refer to the Deposit Account Agreement for more information.
"Business Day" means Monday through Friday, during business hours (Central Time) and excluding federal holidays that fall on a Monday through Friday, except for Washington’s Birthday (commonly referred to as Presidents Day) or Columbus Day.
“Mobile Banking App” means the service that permits electronic access to Accounts and use of certain Electronic Banking Services that can be accessed via software downloaded to supported handheld devices via the handheld device’s applicable app store.
"Mobile Device" means a mobile device which is capable of accessing the Services that are accessible by a Mobile Device.
"Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
C. ARBITRATION (applies to Consumers only)
Governing Law; Choice of Law; Severability
This Agreement is governed by the bylaws of the Credit Union, federal law and regulations, the laws and regulation of the state of Wisconsin, and local clearinghouse rules as amended time to time. Any disputes regarding this Agreement are subject to the Arbitration Agreement in the Membership Guide unless you are opted out to the Arbitration Agreement in accordance therewith. Otherwise, disputes will be subject to the jurisdiction of the court of the county in which we are located. If a court holds any portion of this Agreement to be invalid or unenforceable the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.
D. PRIVACY (applies to Consumers only)
Privacy Policy (PDF)
Online Privacy Policy (PDF)
Section II: E-Sign Disclosure and Consent Agreement
A. INTRODUCTION
B. DEFINITION
C. SCOPE OF AGREEMENT
1. Periodic Statements
2. Notices
3. Account Alerts
4. Disclosures
D. SYSTEM REQUIREMENTS
1. To access your electronic documents using the Summit App, you need:
a. A mobile device with one of the two most recent publicly available major releases of the following operating systems: Android or iOS.
E. CHANGES TO SYSTEM REQUIREMENTS
F. REQUESTING PAPER DOCUMENTS
Calling us at: 800-236-5560 608-243-5000 or In person at your local branch office.
G. MAINTAINING VALID EMAIL ADDRESS
1. Calling us at: 800-236-5560 608-243-5000 or 2. In person at your local branch office or 3. Providing an updated email address within Online Banking.
H. WITHDRAWAL OF YOUR CONSENT
You may withdraw your consent to this Agreement at any time, free of charge by:
1. Calling us at: 800-236-5560 608-243-5000 or 2. In person at your local branch office
I. MULTIPLE ACCESS DEVICES
Additionally, by viewing and accepting this agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices.
If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Continuing to access electronic documents on other Access Devices is your reaffirmation of this Agreement.
You will be asked to acknowledge your acceptance of these terms by checking “I accept” before you are able to access your accounts and view electronic communications. In doing so, you are confirming that you meet the system requirements described above, that you have demonstrated your ability to receive, retain, and view electronic documents on your Access Device, and that you have an active and valid email address.
Section III: Mobile Deposit Terms and Conditions
A. ACCEPTANCE OF TERMS
B. HARDWARE/SOFTWARE REQUIREMENTS
C. COMPLIANCE WITH LAWS
D. LIMITATION OF SERVICES
E. QUALIFICATIONS
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Must have a Mobile Banking log-in -
Must have a checking account excluding Assured Checking, only available on the mobile app for smart phones -
Account must be in good standing
F. CRITERIA FOR GOOD STANDINGS
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Account must have a positive balance -
Account cannot have a charged off loan or share -
Account must be eligible for Courtesy Pay
G. ITEMS ELIGIBLE FOR DEPOSIT
H. UNACCEPTABLE ITEMS FOR DEPOSIT
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Any third-party check or item, i.e., any item that is made payable to another party and then endorsed to you by such party -
Any check or items drawn on your account that you are depositing to that same account -
Any check or item that contains evidence of alteration to any of the fields on the front of the check or which you know, or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn -
Any check or item that is “non-negotiable” (whether stamped in print or as a watermark) -
Any check or item previously converted to a “substitute check”, as defined in Regulation CC -
Any check or item issued to you by a financial institution in a foreign country -
Any check or items not payable in U.S. currency -
Any check or item that is “stale dated”, expired, or “postdated”, or is dated more than 6 months prior to the date of deposit -
Any check or item that is incomplete -
Any check or item on which a stop payment order has been issued or to which there are insufficient funds -
Cash -
Savings Bonds
I. CHECK IMAGE AND ENDORSEMENT REQUIREMENTS
J. RECEIPT OF ITEMS
K. ITEMS RETURNED UNPAID
Consumer Fee and Charge Schedule
Business Fee and Charge Schedule
L. FUNDS AVAILABILITY
M. RETENTION AND DISPOSAL OF TRANSMITTED ITEMS
N. PERIODIC STATEMENTS
O. WARRANTIES AND INDEMNITY
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You will only transmit eligible checks and items and all checks and items will include all signatures required for their negotiation. -
Images will meet SCU’s image quality standards in effect from time to time. -
You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party. -
You will not deposit or re-present the original check or item with SCU or any other party. -
All information you provide to SCU is accurate and true, including that all images transmitted to SCU accurately reflect the front and back of the check or item at the time it was scanned. -
You will notify SCU if you believe there has been an error with respect to any - original check or image transmitted to SCU for deposit. You will, within one (1) business day after discovering the error, contact us regarding such error by calling 800-236-5560. -
You will comply with this Agreement and all applicable rules, laws and regulations. -
You will use Mobile Deposit only for your own deposits and will not allow the use of Mobile Deposit by way of a service bureau business, timesharing, or otherwise disclose or allow use of Mobile Deposit by or for the benefit of any third party.
P. LIMITATION OF LIABILITY
WE ARE ONLY RESPONSIBLE FOR PROVIDING MOBILE DEPOSIT AS EXPRESSLY STATED IN THIS AGREEMENT. THERE IS NO GUARANTEE THAT ACCESS TO MOBILE DEPOSIT WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS MOBILE DEPOSIT. MOBILE DEPOSIT IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING MOBILE DEPOSIT, APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL SCU OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP, THE SOFTWARE, THE EQUIPMENT OR MOBILE DEPOSIT WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SCU AND OUR THIRD-PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Q. CANCELLATION BY YOU; TERMINATION OR REFUSAL BY US
R. TRANSACTION LIMITS
Section IV: External Transfer Service Terms and Conditions
A. ACCEPTANCE OF TERMS
B. USE OF SERVICE
Once you are approved for the Service, we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be credited to the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance. Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your other financial institution with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.
We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Summit Credit Union and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Service. Once your account with Summit Credit Union has terminated for any reason, you will have no further right or access to use the Service.
C. WARRANTS, RESPONSIBILITIES AND REPRESENTATION
D. LIABILITY FOR UNAUTHORIZED TRANSFERS (applies to Consumers only)
If you tell us within two (2) business days after you learn of the loss or theft of your access device/code, you can lose no more than $50.00 if someone accessed your account using that device. If you do NOT tell us within two (2) business days after learning of the loss of your access device/code and we can prove we could have stopped someone from using your access device/code without your permission, if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, including those made by your access device/code tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
If you believe your access device code has been lost or stolen or that someone has transferred or may transfer money from your account(s) without your permission, call:
(608) 243-5000 or (800) 236-5560 Or write to: Summit Credit Union PO Box 8046 Madison, WI 53708-8046
E. TRANSFER LIMITATIONS
We may limit the number of funds transfers you may make. In addition, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
You may not make funds transfers in excess of established limits. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service.
We reserve the right to decline to affect any funds transfers, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
You authorize us to select any means to execute your funds transfer instructions. You understand that to affect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, and we are reasonably certain that the debit will not be returned (in most cases this is between 1-4 banking days), we will credit your Account.
We reserve the right to suspend your right to use the Service, immediately and without prior notice to you. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service.
F. LIABILITY FOR FAILURE TO COMPLETE TRANSFER
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Summit Credit Union reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.
Summit Credit Union is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Summit Credit Union shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Summit Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a Funds Transfer or if the Summit Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer.
SECTION V: Summit Credit Union - Send Money with Zelle® Zelle Network® (applies to Consumers only)
1. Description of Services
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transferred by a Network Financial Institution.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
3. Consent to Use and Disclose Personal Information (Including Account Information)
4. Privacy and Information Security
5. Wireless Operator Data
6. Enrolling for the Service
U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
7. Consent to Emails and Automated Text Messages
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
8. Receiving Money; Money Transfers by Network Financial Institutions
9. Sending Money; Debits by Network Financial Institutions
10. Liability
11. Send Limits
12. Requesting Money
unwelcome by the recipient.
13. Transaction Errors
Call us at:
(608) 243-5000 or (800) 236-5560Or write to:
Summit Credit Union PO Box 8046 Madison, WI 53708-8046
Tell us your name and account number.
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Describe the transfer you are unsure about and explain, as clearly as you can, why you believe it is an error or why you need more information. -
Tell us the dollar amount of the suspected error. -
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
14. Your Liability for Unauthorized Transfers
If you believe your access device code has been lost or stolen or that someone has transferred or may transfer money from your account(s) without your permission, call:
(608) 243-5000
(800) 236-5560Or write to:
Summit Credit Union PO Box 8046 Madison, WI 53708-8046
15. Liability for Failure to Complete Transfers
However, we will not be liable for direct or consequential damages in the following events:
a. If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure,
b. If you used your card or access code in an incorrect manner.
c. If the device you are using was not working properly and you knew about the problem when you started the transaction.
d. If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
e. If the money in your account is subject to legal process or other claim.
f. If funds in your account are pledged as collateral or frozen because of a delinquent loan.
g. If the error was caused by a system of any participating network.
h. If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers.
i. If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
j. If there are postal delays or processing delays by the User to whom you are requesting money be sent
k. Any other exceptions as established by the Credit Union.
16. Fees
17. Use of Our Online Banking Website and/or Mobile App
18. Cancellation of the Service
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact us via one of the following:
(608) 243-5000
(800) 236-5560Or write to:
Summit Credit Union PO Box 8046 Madison, WI 53708-8046
19. Right to Terminate Access
(i) you violate any terms of these Zelle Payment Terms, (ii) there are unauthorized or fraudulent transaction related to your Account or use of Zelle Payment Service, (iii) we incur problems with your use of the Zelle Payment Service, or (iv) you are no longer eligible for membership in the Credit Union, we may, in our sole discretion, at any time and without prior notice to your or other Zelle Payment Service participants, suspend or terminate:
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The Zelle Payment Service generally, -
Your ability to send or received funds through the Zelle Payment Service, -
Your ability to send a Payment Instruction, while continuing to permit you to received funds through the Zelle Payment Service -
Your ability to send Zelle Payment Request, or -
Your ability to receive Zelle Payment Requests.
20. Disclaimer of Warranties
21. Limitation of Liability
22. Indemnification
23. Governing Law; Choice of Law; Severability
24. Miscellaneous
25. Access to Camera on Your Mobile Device
Section VI: TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
PAYMENT SCHEDULING
THE SERVICE GUARANTEE
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
PAYMENT METHODS
PAYMENT CANCELLATION REQUESTS
STOP PAYMENT REQUESTS
PROHIBITED PAYMENTS
EXCEPTION PAYMENTS
BILL DELIVERY AND PRESENTMENT
Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e- mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your username and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
EXCLUSIONS OF WARRANTIES
PASSWORD AND SECURITY
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS (applies to consumers only)
ERRORS AND QUESTIONS
1. Telephone us at 888-918-7431 during customer service hours;
2. Write us at:
Attn: Customer Care
560 Carillon Parkway
St. Petersburg, FL 33716
Consumers Only:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten(10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3.In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
FAILED OR RETURNED TRANSACTIONS
2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
ADDRESS OR BANKING CHANGES
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
1. Telephone us at 888-918-7431 during customer service hours; and/or
2. Write us at:
Summit Credit Union
Attn: Customer Care
560 Carillon Parkway
St. Petersburg, FL 33716
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
BILLER LIMITATION
RETURNED PAYMENTS
INFORMATION AUTHORIZATION
DISPUTES
ASSIGNMENT
NO WAIVER
CAPTIONS
GOVERNING LAW
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
TERMS AND CONDITIONS FOR Account-to-Account ("A2A")SM Transfer Service SERVICE DEFINITIONS
"Account" means a checking, money market or savings account. "Affiliates" mean companies related by common ownership or control.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
"Recipient Account" is the account to which your funds with be credited.
"Sender" means the Transaction Account holder initiating a transfer through the Service.
"Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.
"Site" means the online banking website through which the Service is offered.
"Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.
"Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.
1. Introduction. This Terms of Use document (hereinafter "Agreement") is a contract between Summit Credit Union (hereinafter "we" or "us") and you (hereinafter "you") in connection with the A2A Transfer Service (the "Service") offered through our online banking site (the "Site"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.
2. Service Providers. We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. "Service Provider" and certain other terms are defined in a "Definitions" section at the end of this Agreement.
3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service's more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.
4. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).
5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
6. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three
(3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 27 below. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
7. Calls to You. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you've requested through the Service.
8. Receipts and Transaction History. You may view at least six months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
10. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors.
11. Acceptable Use. You may use the Service to transfer funds as described in section 12 below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 27 below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.
12. Transfer Authorization and Processing. (a) The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are either the sole owner or a joint owner of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States. (b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below in Section 18 (Service Fees and Additional Charges). You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds. (c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in section 14 below;
4. You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,;
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. (d) It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
13. Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.
14. Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
15. Stop Payment Requests. If you as a Sender desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to section 27. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
16. Your Liability For Unauthorized Transfers (consumer only). If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
17. Taxes. It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.
18. Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
19. Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that: (a) You will reimburse us immediately upon demand the transfer amount that has been returned to us; (b) You will reimburse our Service Provider for any attorneys' fees, court costs or any fee they incur in attempting to collect the amount of the return from you; and, (c) We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
20. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting customer care for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service's help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.
21. Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
22. Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.
23. Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
24. Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 888-918-7431 during customer care hours; and/or write us at
Attn: Customer Care
560 Carillon Parkway
St. Petersburg, FL 33716
25. Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
26. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You and we agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
27. Errors, Questions, and Complaints. (a) Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to:
Attn: Customer Care
560 Carillon Parkway
St. Petersburg, FL 33716
In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 888-918-7431 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at
Attn: Customer Care
560 Carillon Parkway
St. Petersburg, FL 33716
(b) If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
28. Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third party beneficiary arising under or relating to this Agreement.
29. Waiver of Class Action Claims. Both parties agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Agreement as a class action.
30. Arbitration (consumer only). Both parties agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any Service Provider or other intended third party beneficiary arising under or relating to this Agreement through binding arbitration. Both parties stipulate and agree that this Agreement evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows: a. We and you expressly agree that under no circumstances shall any dispute or claim arising under or relating to this Agreement be subject to arbitration on a class-wide or collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or you may, at the option of the claiming party, pursue any claim in small claims court instead of arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the small claims court, whichever is less; and the small claims court must otherwise have jurisdiction of the claim and the parties.
31. Arbitration Procedure (consumer only). You or we may commence arbitration, at the claiming party's election, administered either by JAMS (formerly known as "Judicial Arbitration and Mediation Services"), or the American Arbitration Association ("AAA"). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. a. You may, if you wish, commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii) the JAMS "minimum standards" for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. b. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non-appearance- based arbitration. If the claiming party selects non- appearance-based arbitration, the parties agree that the following rules shall apply: (i) the arbitration may be conducted telephonically, and/or online, or be based solely on written submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall not require any travel or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) discovery shall not be permitted. c. When we or you (whoever is the party commencing arbitration) do not select non- appearance-based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. d. Neither we nor you shall seek any award of attorney's fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Agreement, in any arbitration claim arising under or relating to this Agreement, except that the arbitrator may award attorney's fees when (and only to the extent that) the applicable law requires an award of attorney's fees to the prevailing party.
32. Arbitrability Issues to Be Decided By Arbitrator (consumer only). The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
33. Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under section 31 above) must be resolved by a court of competent jurisdiction. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
35. Release. If you have a dispute with one or more other users of the Site or the Service, 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 such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either
(i) by Section 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code.
36. No Waiver. We shall not be deemed to have waived any of our 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.
37. Intellectual Property. All marks and logos related to the Service, are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our 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 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.
38. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we
are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
39. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 27 above. See also section 16 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
40. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
41. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION,
DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 31, 32 AND 33 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. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND 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. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
42. Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
43. Definitions. "Account" means a checking, money market or savings account. "Affiliates" mean companies related by common ownership or control. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed. "Recipient Account" is the account to which your funds with be credited. "Service" or "The Service" means the Account-to-Account Transfer Service ("A2A Transfer Service") service offered by SUMMIT CREDIT UNION, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc. "Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf. "Site" means the online banking website through which the Service is offered. "Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned. "Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.
Section VII: Credit Card MyCardInfo Terms of Use
STOP PAYMENT REQUESTS
Use of Information and Materials
Warranty
LIMITATION OF LIABILITY
SUBMISSIONS
USER AGREEMENT
II. Agreement to terms - Your enrollment in, access to or use of MyCardInfo constitutes your agreement to be bound by all of the terms and conditions of this Agreement.
III. Fees - There is no additional fee for accessing your account information through MyCardInfo. Any other fees applicable in connection with your account continue to apply, as described under the terms of your Cardholder Agreement or in connection with any specific offer for specific products or services. You agree that The FI is not responsible for any telephone or other online service provider charges incurred by accessing your account at The FI through MyCardInfo. (Please note that fees may be assessed by your online service provider.)
IV. Electronic messages - As part of MyCardInfo, The FI does not accept e-mail messages from cardholders. In order to facilitate cardholder feedback or inquires, please contact The FI by using the Contact Us page within the Help & Info menu.
V. Enrollment and security verification - As part of your enrollment, you chose a username that, along with other information, such as a password and personal security code, gives you access to your account with The FI through MyCardInfo. For your protection, do not disclose your online username or password to anyone. The FI is authorized to act on instructions received under your username without further verification.
For security purposes, you should memorize and not write down your online username and password. You are responsible for keeping your online username, password, other identifying information, account numbers and other account data confidential. If you believe that your online username or password may have been lost or stolen, or that someone has transferred or may request a transfer to or from your account or may request a change in your information without your permission, notify The FI immediately.
VI. Change in terms - The FI may change or limit any aspect of MyCardInfo or this Agreement at any time with or without prior notice; provided, however, that you will be given prior notice in the event that fees are assessed for the use of MyCardInfo.
VII. Termination; Suspension - Your enrollment in, access to, use of MyCardInfo, or MyCardInfo itself may be terminated or suspended, in whole or in part, at any time for any reason with or without prior notice. Examples of reasons for such include, without limitation:
-
You have reported your card as lost or stolen -
Your account has been closed with a zero balance -
Fraudulent activity has occurred on your credit card account -
Your account has been reported with a bankruptcy status -
Any attempt to misuse MyCardInfo -
Whole or partial, permanent or temporary, termination of MyCardInfo. -
If you wish to cancel your access to MyCardInfo, please contact the FI.
IX. Billing statements - Your printed monthly statement represents The FI's disclosure to you of applicable account information. Please refer to your statement for important information.
X. Access hours. use, etc. - You can access your FI account through MyCardInfo seven days a week, 24 hours a day. However, at certain times, some or all of MyCardInfo may not be available due to system maintenance or failure. The FI is not responsible for your inability to access MyCardInfo, for whatever reason. Account balance and activity information are generally updated daily. However, daily updates may not occur due to system maintenance or failure. The FI is not responsible for any failure to update information, for whatever reason.
XI. Miscellaneous - The FI can delay enforcing any of its rights under this Agreement or in connection with MyCardInfo without losing them, If any provision of this Agreement is deemed unenforceable, such will not make any other provision unenforceable.
XII. Governing Law and Jurisdiction. - This Agreement is entered into and will be performed in the state of residence and all questions relating to its validity, interpretation, performance, and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the internal laws of the state of residence, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of the state of residence.