ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
Online Agreement and Electronic Funds Transfer Disclosure
This Agreement and Disclosure provides information about Arsenal Credit Union's Online Banking Service (AccessPoint®) and contains the disclosure required by the Electronic Funds Transfer Act. For the purpose of this agreement, "I", "me", and "mine" shall refer to each Member who is eligible and signs up for AccessPoint. "You", "your", "credit union" or “CU” shall refer to Arsenal Credit Union where the Member has the accounts accessed through AccessPoint. All references to time of day in this Agreement and Disclosure refer to Central Standard Time. Except as set forth in this agreement, or in any later agreement concerning Arsenal Credit Union's Online Banking Service (AccessPoint), your membership agreement and disclosure agreements for accounts previously given to you (including the Regulation E Section and its liability provisions) will govern all transactions made on Arsenal Credit Union's AccessPoint Banking Service. All funds transferred from a loan account will be subject to the applicable loan agreement and secured by any security agreement for accessing your loan proceeds.
A. Eligibility for AccessPoint:
I understand that in order to use AccessPoint, I must have an account in good standing and an ActionLine PIN with the credit union. I may become eligible for AccessPoint Internet Bill Payer® by completing and submitting an application. Applications can be obtained online.
B. Equipment and Technical Requirements:
I understand that to use AccessPoint, I must have Internet Access through an Internet Service Provider and Internet Browser software such as Microsoft Internet Explorer® 7.0 or higher, AOL 8 or higher, Safari 4 or higher, Firefox 3.6 or higher, and Chrome. All browsers accessing secure pages within our website must support 128-bit encryption. I understand that the credit union does not make any warranties on equipment, hardware, software or Internet Service Provider, 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 Service Provider, any related software, or the credit union's AccessPoint or the use of any of them or arising in any way out of the installation, use or maintenance of your personal computer hardware, software or other equipment.
C. General Information About AccessPoint:
I may use AccessPoint to (1) check account balances, (2) transfer money from a savings or checking account or make a credit union payment on a loan including an Arsenal CU Visa payment, (3) check the history on my accounts, (4) download account history to a hard drive or to financial software such as Microsoft Money® (MS Money®) or Quicken®, (5) pay most bills with AccessPoint Internet Bill Payer, (6) obtain credit union product and service information. However, AccessPoint may be temporarily unavailable due to credit union record updating or technical difficulties. Each service is discussed further in this Agreement and Disclosure. There is a dollar limit of $9,999.99 (or the available balance in my account, plus my overdraft line of credit available balance, whichever is less) on any payment or transfer. I authorize you to charge my designated account(s) for any transactions accomplished through the use of AccessPoint, including the amount of any recurring payment that I make, and charge for this service. I authorize you to transfer funds electronically between my designated account(s) according to my instructions initiated through AccessPoint.
D. Transaction Modes and Process Dates:
Payments and Transfers from my credit union accounts may be processed in three different ways:
"Today": If I designate a bill payment as a "Today" transaction, the processing date will be the next business day. Sufficient available funds must be available at the time I request the transaction. "Today" payments may not be canceled for any reason once I have ended an AccessPoint session. All transfer transactions are immediately deducted from my account. Refer to Section H. of this agreement on how to Stop or Modify an authorized payment.
"Future": If I designate a payment as a "Future" transaction, I may request that the transaction be made on a future date that I may designate up to 365 days in advance. The processing date will be the effective date I entered, or the next business day should the effective date fall on a weekend or holiday. Sufficient funds must be available by midnight of the night before the processing date, but will be deducted from my account on the actual processing date. "Future" transactions may be canceled or changed until 11:00 P.M. of the night before the processing date.
"Recurring": If I designate a payment as a "Recurring" transaction, I may request that the transaction be made in the same amount to the same merchant or account on a specified regular, periodic basis (i.e. weekly, bi-weekly, monthly, etc). I will designate a "start" and "end" date. The processing date will be the effective date I entered, or the next business day should the effective date fall on a weekend or holiday. Sufficient funds must be available by midnight of the night before the processing date, but will be deducted from my account on the actual processing date. "Recurring" transactions may be canceled or changed until 11:00 P.M. of the night before the processing date.
E. Bill Payments:
All payments I make through AccessPoint Internet Bill Payer will be deducted from my designated checking account. Any payee I wish to pay through AccessPoint Internet Bill Payer must be payable in U.S. Dollars. Each payee must appear on the payee list I create with you and the account I am paying must be in my name. I may not use AccessPoint Internet Bill Payer to make payments to a federal, state or local government or tax unit, or to other categories of payee that you may establish from time to time.
I must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on my invoice or provided in my agreement with payee, not taking into account any grace period provided by the payee). If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken by payee. IMPORTANT: Payments may take up to 10 days to reach the vendor (payee), as they are sent either electronically or by check. Arsenal Credit Union is not liable for any service or late charges levied against me.
The credit union is responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated merchant in accordance with Section D of the Agreement and Disclosure. The credit union is not liable for any damages I incur if I do not have sufficient funds in my account to make the payment on the processing date, if the estimated time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for the payment in a timely manner, or for any other circumstance beyond the control of the credit union.
The credit union or Metavante® may attempt to notify me by telephone on the day a payment is processed if there are not sufficient available funds in my account, but the credit union is not responsible if you are not able to reach me. To use this service, I must keep the credit union aware of changes in my current home or business phone numbers. A written notice will be sent to me of transactions you are unable to process because of insufficient available funds. In all cases, I am responsible for either making alternate arrangements for the payment, or rescheduling the payment through AccessPoint Internet Bill Payer. Insufficient available funds will prevent me from making more payments until resolved.
I authorize you, and any third-party acting on your behalf, to choose the most effective method to process my payments. I will receive a transaction confirmation number for each properly instructed payment. Unless I receive a confirmation number, you shall not be liable for any failure to make a payment.
The credit union reserves the right to refuse to make any payments, but you will notify me of any such refusal within three (3) business days following receipt of my process date.
F. Transfer Between Credit Union Accounts:
I may designate accounts at the credit union between which I may transfer funds electronically through AccessPoint. All these accounts must be in my name. I may designate accounts at the credit union in which to transfer funds, not in my name, provided all account owners (jointly held or otherwise) execute an agreement with the credit union acknowledging the processing of intra credit union transfers. Intra credit union transfer agreements can be obtained by contacting the credit union.
I understand that under Federal Reserve Board Regulation D, I am permitted to make no more than (6) transfers or withdrawals from a savings or money market account per cycle (not counting ATM and teller transactions). AccessPoint transfers are counted toward the six total permitted transfers or withdrawals. If my transactions exceed the limit, you will charge me a fee of $5.00 for each transaction. If I exceed the limit more than three times during a twelve month period, you will restrict the savings or money market account and/or transfer the funds to my checking account. Further explanations of these restrictions are available from the credit union.
G. Account Information:
I may check the balance(s) and the history of my credit union accounts I designate through AccessPoint.
H. Stopping or Modifying AccessPoint Authorized Payments:
Bill Pay payments designated as "Today" transactions cannot be stopped, canceled, or changed once my AccessPoint session is terminated. In order to request a stop payment or change an AccessPoint transaction designated, I must contact Arsenal Credit Union at 962.6363 or 1.800.719.6363.
As of November 21, 2008, service fees for use of AccessPoint Internet Bill Payer are as follows: $21.00 for an overnight check, $3.40 for an expedited electronic payment, and $25 for a year-end description.
J. Online Statements (eStatements) Agreement:
By selecting “I Agree,” I agree to receive my periodic account statements online through your eStatement service. My online statements or eStatements will contain the same content as the paper version supplied by the credit union, which includes: account balances, transaction activity, electronic funds transfer information, year-to-date interest, and error notification procedures. The choice (paper or eStatement) that is recorded on your system on the last day of the month will be the only method used to deliver that month’s statement. I should allow two (2) business days for any change request to become effective.
By accepting this option, I understand that it is my responsibility to maintain proper equipment and software to view my online statements. In addition to the equipment mentioned in Section B of the Online Agreement, I will need Adobe Acrobat Reader. I understand this is free software and, if I do not have it, I may click here to download it now.
By accepting this agreement, I understand that the credit union will send an email to the address I specify in the user options section of AccessPoint to advise me when my eStatement is available. I understand that my online statements will become available in the eStatement section of AccessPoint incrementally each month after I agree to the service. (The first month, one; the second month, two; etc.) EStatements will be available for up to 12 months. If I wish to retain them longer, I should download them sometime during the 12-month period. I understand that I may also print my online statements, and there are no special equipment requirements; my current printer is all I need.
I also understand there are no fees or account restrictions for using eStatements. Additionally, I have unlimited access to my statements via eStatement during the 12 months of availability. If I request an additional paper copy from the credit union, there may be a statement copy fee charged per your current Service Fee Schedule.
I understand that I may withdraw my consent to receive online statements by contacting the credit union via email at firstname.lastname@example.org. Or, I may call 314.962.6363 or 1.800.719.6363, or write to: Member Services; Arsenal Credit Union; 3780 Vogel Road; Arnold, MO 63010.
K. Other Terms & Conditions:
You may occasionally introduce new services to enhance the existing program. You may notify me of these new enhanced services and by utilizing these services, I agree to be bound by the obligations and conditions concerning these services.
In addition to the terms set forth in this agreement, I agree to be bound by all the terms and conditions of any separate users manual that I may be provided with in conjunction with this system and any and all applicable state and federal laws and regulations.
You reserve the right to terminate my use of the AccessPoint service, in whole or part, at any time without prior notice.
If I cancel my AccessPoint Internet Bill Payer subscription, then I agree to notify you at that time. I will be responsible for all payment instructions made prior to termination and for all other applicable charges and fees. I will cancel all outstanding payment orders before notifying you to terminate this service.
This agreement, any user's manual, and the applicable fees and charges may be amended by you in the future. In the event of amendment, you shall send notice to me either by mail to my last known address or transmit such notice of the amendment over the AccessPoint service. My use of the AccessPoint service following the receipt of such notice constitutes acceptance of such amendment.
ELECTRONIC FUND TRANSFERS: YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Funds Transfers Initiated By Third Parties - You may authorize a third party to initiate electronic funds transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearinghouse (ACH) or other payments network. Your authorization can occur when the merchant posts a sign informing you of their policy. In all cases, the transaction will require you to provide the third party with your account number and credit union information. This information can be found on your check or draft as well as on a deposit slip. Thus, you should only provide your credit union and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic funds transfers. Examples of these transfers include, but are not limited to:
Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).
Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s).
Electronic check or draft conversion. You may provide your check or draft to a merchant or service provider who will scan the check or draft for the encoded credit union and account information. The merchant or service provider will then use this information to convert the transaction into an electronic funds transfer. This may occur at the point of purchase, or when you provide your check or draft by other means such as by mail or drop box.
Electronic returned check or draft charge. Some merchants or service providers will initiate an electronic funds transfer to collect a charge in the event a check or draft is returned for insufficient funds.
Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.
ActionLine Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day at 314.962.6363 (say or press 2) using your personal identification number (PIN), a touch-tone phone, and your account numbers, to:
transfer funds from checking to savings or club account
transfer funds from savings to checking, savings, or club account
transfer funds from line of credit to checking or savings
make payments from checking or savings to loan accounts with us
get information about:
the account balance of checking or savings accounts
the last ten transactions to checking or savings accounts
Please also see Limitations on frequency of transfers section regarding limitations that apply to telephone transfers.
ATM Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by ATM using your ATM card and personal identification number or Visa® Check Card and personal identification number, to:
make deposits to checking or savings account(s)
get cash withdrawals from checking or savings account(s)
you may withdraw no more than $500.00 per day
transfer funds from savings to checking account(s)
transfer funds from checking to savings account(s)
get information about the account balance of your checking or savings accounts
Please refer to the Common Features section of your Terms & Conditions, Electronic Transfers, Funds Availability and Truth in Savings information brochure for ATM transaction charges that may apply.
Some of these services may not be available at all terminals.
Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.
Types of ATM Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person) and pay for services (in person).
Types of Visa® Check Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, by phone, or online), pay for services (in person, by phone, or online) and do anything that you can do with a credit card (that a participating merchant will accept).
Point-of-Sale Transactions - dollar limitations - Using your Visa® Check Card: You may not exceed $3,500.00 in transactions per day.
Please also see Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.
AccessPoint Internet Home Banking - types of transfers and charges - You may access your account(s) by computer using your access code, account numbers, a PC modem, and Internet access, to:
transfer funds from checking to checking, savings, or club account
transfer funds from savings to checking, savings, or club account
transfer funds from line of credit to checking or savings
make payments from checking or savings to loan accounts with us
get information about the account balance of your checking accounts plus view cleared checks, your accounts' activity for the past 12 months, and credit card account information
pay bills over the Internet
Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transactions.
Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
During any month, you may not make more than six withdrawals or transfers from a savings account to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer, telephonic order or instruction, or computer transfer. No more than three of the six transfers may be made by check or similar order to a third party. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the credit union.
We do not charge for direct deposits to any type of account. Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM operator/network fees: When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 314.962.6363 to find out whether or not the deposit has been made.
Periodic statements. You will get a monthly account statement from us for your checking accounts. You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed below in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION'S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
if through no fault of ours, you do not have enough money in your account to make the transfer.
if you have an overdraft line and the transfer would go over the credit limit.
if the automated teller machine where you are making the transfer does not have enough cash.
if the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
there may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
where it is necessary for completing transfers; or
in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
in order to comply with government agency or court orders; or
(a) Consumer liability.
Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission).
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Additional Limits on Liability for Visa®Check Card, when used for point-of-sale transactions. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Check Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by Visa®, or to commercial cards.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed below.
ERROR RESOLUTION NOTICE
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
Describe the error or 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 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa® Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa® Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
3780 VOGEL ROAD
ARNOLD, MISSOURI 63010
Business Days: Monday through Saturday
Excluding Federal Holidays
MORE DETAILED INFORMATION IS AVAILABLE UPON REQUEST
Arsenal Credit Union FinanceWorks & Debit Rewards Offers Agreement
In addition to the Electronic Funds Transfer Disclosure Statement, which is incorporated into this Agreement by reference, if you decide to use either FinanceWorks or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Access to ACU’s online banking service AccessPoint is contingent upon your acceptance of the terms and conditions of the FinanceWorks & Debit Rewards Offers – End User License Agreement but does not obligate you to participate in either FinanceWorks or Debit Rewards Offers.
“Account Data” means 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.
“ACU” means Arsenal Credit Union.
“Communications” means electronic communications, including account registration and other account holder information, email and financial, accounting and other data.
“Debit Rewards Offers” means the purchase reward application service designed to benefit you for your debit card purchases together with any other programs, tools, Internet-based services, components and any "updates" (for example, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Debit Rewards Offers if and when they are made available to you by us or by our third-party vendors.
“Service” means the FinanceWorks financial data-management service provided by ACU through our online access together with any other programs, tools, Internet-based services, components and any "updates" (for example, Service maintenance, help content, bug fixes, or maintenance releases, etc.) of the Service if and when they are made available to you by us or by our third-party vendors.
“Financial Account Data” means 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 financial institutions other than ACU, and the actual data in your account(s) with such other financial institution(s) such as account balances, debits and deposits.
“Licensee Access Information” means 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 ACU.
“Registration Data” means all information provided by you in order to register your account and/or enroll in the Service or Debit Rewards Offers.
“Third-Party Services” means services, products, offers and promotions provided by third parties.
“Third-Party Websites” means websites operated by third parties.
“You” or “Your” shall refer to each eligible member who is eligible and enrolls in the Service and Debit Rewards Offers.
YOUR INFORMATION AND ACCOUNT DATA WITH US. You are responsible for (i) maintaining the confidentiality and security of your Licensee Access Information; and (ii) preventing unauthorized access to or use of Account Data. You are responsible for providing access 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 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 ACU if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. ACU reserves 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 ACU reasonably believes that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform ACU of such an occurrence, and hereby grant to ACU and our third-party vendors permission to use Licensee Access Information to enable ACU 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 enhancing the types of data and services ACU may provide to you in the future.
YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. The financial management tools allow you to view accounts that you may have outside of ACU (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 ACU accessing and aggregating your Financial Account Data. In giving that consent, you are agreeing that ACU, 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 ACU 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 ACU in performing our obligations to you in providing the services you have selected.
If ACU makes 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 ACU will aggregate, ACU will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give your consent, you will be agreeing to permit ACU to use Financial Account Data to help ACU 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 ACU has 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 ACU to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified herein, ACU 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. ACU shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to the email 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. ACU reserves 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 ACU 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 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 and hereby waive any and all claims against ACU for failure of such third party to provide Third-Party Services.
THIRD-PARTY WEBSITES. The Service may contain or reference links to Third-Party Websites. These links are provided as a convenience only. Such Third-Party Websites are not under ACU’s control. ACU is not responsible for the content of any Third-Party Website or any link contained in a Third-Party Website. ACU does not review, approve, monitor, endorse, warrant, or make any representations with respect to any 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 ACU of any information contained in any Third-Party Website. In no event will ACU 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. ACU is not responsible for such provisions and expressly disclaims any liability for them.
DEBIT REWARDS OFFERS. In addition to the foregoing, 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.
Debit Rewards. 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, ACU 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, ACU will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards disbursements is August 31, the applicable measurement period for determining the amount of rewards to be distributed 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 ACU 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 website 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 ACU or do not have the designated deposit account opened with ACU at the time of disbursement.
You understand and agree that ACU makes no warranties and has no liability as to:
● Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program.
● The rewards information that is provided to you is provided “as is” and “as available”.
● (i) Your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption or misdelivery of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
● The fact that 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.
LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, nonexclusive, nontransferable license to electronically access and use the Service solely to manage your financial data, and Debit Rewards Offers to benefit from your debit card purchases. 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 FinanceWorks 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 or 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 paragraph.
OWNERSHIP. 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.
EXPORT RESTRICTIONS. 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.
LIMITATION OF WARRANTY AND LIBAILITY. You understand and agree that the Service and Debit Rewards Offer is provided “as-is” and “as available”. Except as otherwise provided herein or as required by law, ACU assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user Communications or personalization settings. You understand and expressly agree that use of the Service and the Debit Rewards Offers is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Service and the Debit Rewards Offers is downloaded or obtained at your discretion and risk and that you will be solely responsible for any damages, including without limitation, damage to your computer system or loss of data that results from the download or the obtaining of such material and/or data.
Except as expressly set forth herein, ACU disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third-party rights; and ACU makes no warranty or representation regarding the results that may be obtained from the use of the Service or Debit Rewards Offers, the accuracy or reliability of any information obtained through the Service or Debit Rewards Offers, the accuracy of any information retrieved by ACU from the Financial Account Data or that the Service or Debit Rewards Offers will meet any user’s requirements, be uninterrupted, timely secure or error free.
Except as described herein, ACU will not be liable for any direct, indirect, incidental, special consequential or punitive damages of any kind resulting from the use of or the inability to use the Service, any inaccuracy of any information or amount retrieved by ACU from the Financial Account Data, any breach of security caused by you or a third party and/or any transactions entered into based on the Service.
indemnification. You agree to indemnify, defend and hold harmless ACU and ACU's affiliates, partners, officers, directors, employees, consultants and agents, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising directly or indirectly from: (a) your use of the Service and Debit Rewards Offers; (b) ACU's reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement; (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via the Service or Debit Rewards Offers; and/or (e) your infringement, or infringement by any other user of your account(s) at ACU, your Account Data or Financial Account Data of any intellectual property or other right of any person or entity.
THIRD-PARTY BENEFICIARIES. This Agreement is for the sole and exclusive benefit of you and ACU and is not intended to benefit any third party except ACU's licensors. You and ACU acknowledge and agree that any party that licenses any software to ACU, directly or indirectly through one or more sub-licensees, is a third-party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.