U1 Online Access Agreement and Disclosure
This Online Access Agreement and Disclosure ("Agreement") sets forth the terms and conditions governing the online banking services offered through U1 Online (the “Online Services”). By selecting the “I Agree” tab or using the U1 Online Services, or any of them, you agree to the terms and conditions of this Agreement.
This Article I, and Articles II, III, and IX, except as specifically noted, contain terms, conditions and provisions applicable generally to this Agreement and all products, services and relationships provided under, arising from or contemplated by this Agreement. Articles IV, V, VI, VII, and VIII contain additional terms, conditions and provisions applicable to the Bill Payment, Debit Rewards Offers, and MX Money Management Services, respectively, offered by U1 Credit Union.
As used herein, the terms "we," "us," "our," "U1 Credit Union," "U1" and "Credit Union" refer to U1 Credit Union. "You" refers to each person who has applied for or uses the U1 Online Services, or any of them; and "U1 Online Services" means the Bill Payment, Debit Rewards Offers, and MX Money Management Services provided pursuant to Articles IV through VIII, respectively, and all other products and services provided through use of U1 Online.
Each of your accounts at U1 Credit Union is also governed by the applicable account agreement and disclosure statement (“Deposit Agreement”), including, without limitation, your U1 Membership and Account Agreement. In addition to this Agreement, you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement, the Credit Union's rules and regulations, and applicable State and Federal laws and regulations. We agree to be bound by them also. The Universal 1 On-line Agreements previously executed are hereby incorporated by reference and made a part hereof as though fully rewritten herein.
“Accounts” means your deposit accounts with us or any other financial institution.
“Application” means a delivery channel for various services, information, and other functions that can be added to a Remote Device.
"Application Agreement" means the agreement governing the use of the Application you must download to your Remote Device in order to use a U1 Online Service.
"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.
“Bill Payment Account” is the checking account from which bill payments will be debited.
“Bill Payment Services” means the bill payment services described in and offered pursuant to Article IV hereof.
"Business Day" means Monday through Friday, excluding any federal holiday.
"Check 21" means the Check Clearing for the 21st Century Act.
“Debit Rewards Offers” means the purchase rewards application described in and offered pursuant to Article VII hereof.
“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.
“Funds Transfer Service” means the transfer of funds between any two of your accounts at U1 Credit Union or any accounts you own at other financial institution, as described in and pursuant to Article VI hereof.
“MX Money Management” means the financial management service described in and offered pursuant to Article VIII hereof.
"Payment Instruction" is the information provided by you to the Bill Payment 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).
“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.
"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.
III. Access and Protecting Your Account
A. Accessing Your U1 Credit Union Accounts through U1 Online
To access your accounts through U1 Online, you must have a U1 Credit Union account, a U1 Online username and an Online password. You will be given an Online password for your use to log on to U1 Online the first time. Upon logging in to U1 Online the first time, you will be required to create a new username and password. You will use the username and password at the time of each subsequent login to U1 Online.
You may change your Online password through using the options buttons within U1 Online. We recommend you change your Online password regularly. For security purposes, it is recommended that you memorize your Online password and do not write it down. You are responsible for keeping your username, Online password, member numbers and other account data confidential.
B. Password and Security
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments and transactions you authorize using U1 Online Service. If you permit other persons to use any U1 Online Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the U1 Online Services, or any of them, without your consent or has transferred money without your permission, you must notify us at once by calling U1 Member Services at (937) 225-6800, option -0- / (800) 543-5000, option -0-, or writing us at Universal 1 Credit Union, 1 River Park Dr., Dayton, OH 45409.
C. Hardware and Software Requirements
In order to access and use the U1 Online Services, and retain certain communications, you must have:
- An Internet browser that supports 128-bit encryption, such as the latest versions of Internet Explorer, Chrome or Safari.
- An e-mail account and e-mail software capable of reading and responding to your email.
- A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
- Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
- A printer that is capable of printing from your browser and e-mail software.
- A telephone capable of accepting either a voice response or text message.
In order to access and use Mobile Banking you must have a compatible and supported mobile phone served by a certified mobile carrier, be enabled to receive and transmit data, and must include texting functionality.
D. Fees and Charges
There are currently no fees for accessing your account(s) through U1 Online. However, there may be fees associated with optional banking services and features, such as Bill Payment Services. The fees for U1 Online Bill Payment Services are:
- No charge for up to 15 transactions per calendar month or any portion thereof, $0.50 for each additional transaction.
- Additional fees; $15.00 for expedited payments.
- Universal 1 Credit Union’s standard fees for returned items, stop payments and cancelled check copies for checks you issue/write also apply. Please refer to our General Fee Schedule for details of applicable fees. You authorize us to deduct any such fees from any account in your name.
We reserve the right to change the charges or fees for accessing your accounts through U1 Online or using the U1 Online Services, or any of them, at any time. We will notify you online, send a notice to you at the address shown on our records, or send you an electronic mail message, as required by applicable law. We will deduct any and all fees automatically each month from your U1 Checking Account. Should your Checking Account have insufficient funds, we will deduct the appropriate fees from your Savings Account and any overdraft fee would apply. You will be charged this fee every month you are enrolled in the Service, regardless of use.
E. New Services
U1 Credit Union may, from time to time, introduce new online services. By using these services when they become available, you agree to be bound by the rules governing your use of the services.
F. Benefits of Using U1 Online
With U1 Online, you can manage your personal accounts from your home or office on your personal computer or mobile device. You can use U1 Online to:
- View account balances and review transaction history.
- Transfer money between your Credit Union accounts and your accounts at other financial institutions.
- Transfer funds from one of your accounts at U1 or another financial institution to a recipient.
- Pay bills or transfer funds to any merchant, institution or individual.
- Communicate directly with U1 Credit Union through E-mail.
- View and archive electronic documents, including statements and notices.
G. Payment Account
Although there are no fees for accessing your accounts through U1 Online, you may be asked to designate a payment account for selected service(s), such as the Bill Payment Account for Bill Payment Services. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for any such fees and charges. If you close the payment account, you must notify U1 Credit Union and identify a new payment account for the selected service(s).
H. Transfers from Non-Transactional Accounts
The number of transfers from a non-transactional account (e.g., a savings account) is limited as described in the applicable Deposit Agreement and disclosure. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
I. Overdrafts: Order of Payments, Transfers, Other Withdrawals
If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, U1 Online transfers and bill payments, etc.) that you have requested for a given business day, then:
- Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and
- The electronic funds transfers initiated through U1 Online that may result in an overdraft of your account may, at U1 Credit Union's discretion, be canceled.
In addition, you will be charged the same overdraft charges that apply to your account.
J. Hours of Accessibility
You can access your U1 Credit Union accounts through U1 Online seven days a week, 24 hours a day. However, at certain times, some or all of U1 Online may not be available because of system maintenance. You will be notified online when this occurs.
K. Third-Party Charges
You agree to be responsible for any third-party charges (e.g., internet, telephone, mobile SMS) incurred by accessing your U1 Credit Union accounts or conducting Online Services through U1 Online.
L. Preventing Misuse of Your Account
Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call U1 Member Services at (937) 225-6800, option -0- / (800) 543-5000, option -0-.
In addition to protecting your passwords and account information, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account.
M. Secured Electronic Mail (E-mail)
Sending secured electronic mail (E-mail) through U1 Online is a safe way to communicate with U1. E-mail is provided for you to ask questions about your account(s) and provide general feedback. E-mail is accessible after you sign on to a session of U1 Online with your password. To ensure the security of your account information, we recommend that you use the E-mail feature within U1 Online when asking specific questions about your account(s). It is assumed that any communications through U1 Online were sent or authorized by you.
You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within U1 Online or call (937) 225-6800, option -0- / (800) 543-5000, option -0-.
N. Important Things To Remember
U1 will NEVER contact our members and ask them to provide their online banking credentials. This includes, but is not limited to, by mail, phone, email, text message or in-person.
Establishing an e-Alert for certain transaction types or dollar amounts can help you stay aware of activity on your account. U1 also provides real-time reporting and pending debits on all accounts. Periodic review of your accounts can help identify suspicious activity early.
In the event you do identify suspicious activity on any of your accounts, please contact U1 immediately at (937) 225-6800, option -0- / (800) 543-5000, option -0-.
IV. Bill Payment Service
A. Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller (typically five (5) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
Payments to Billers outside of the United States or its territories are prohibited through the Bill Payment Service.
B. Service Guarantee
Due to circumstances beyond the our control, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to the account to which you have directed payment. Except as set forth below, we will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
Although tax payments and court-ordered payments may be scheduled through the Bill Payment Service, such payments are discouraged and are scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments. All research and resolution for any misapplied, mis-posted or misdirected tax or court-ordered payments will be the sole responsibility of you and not of the Service.
C. Payment Authorization and Payment Remittance
By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions we receive through the payment system. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives.
When we receive a Payment Instruction through the Bill Payment Services, you authorize us 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 us to credit your Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
We will use our best efforts to make all your payments properly. However, we shall incur no liability and any Service Guarantee shall be void if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Credit Union, your Payment Account does not contain sufficient funds to complete the transaction;
- The payment processing center is not working properly and you know or have been advised by us or on our behalf about the malfunction before you execute the transaction;
- You have not provided us with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, we 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.
D. Payment Methods
We reserve the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
E. Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment, the payment cannot be cancelled or edited, therefore a stop payment request must be submitted.
F. Stop Payment Requests
Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Member Services. Although we will make every 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. You will be charged for each stop payment request in accordance with our current General Fee Schedule.
G. Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
Information provided to the Biller - We are 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. We 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.
Activation - Upon activation of the electronic bill feature, we may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
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 user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - We will use our best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
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. We 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. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
H. Service Fees and Additional Charges
Any applicable fees will be charged regardless of whether the Bill Payment Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. 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.
I. Failed or Returned Transactions
In using the Bill Payment Service, you are requesting the Bill Payment Service to make payments for you from your Bill Payment Account. You understand Billers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. If we are unable to complete the transaction for any reason (including, without limitation, insufficient funds in your Bill Payment Account), the transaction will not be completed. In such case, you agree to reimburse us for any fees imposed by the payee or a financial institution as a result of the return.
J. Address or Account Changes
It is your sole responsibility 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 Member Services. Any changes in your Bill Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Bill Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information.
K. Biller and Amount Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In addition, we may establish limits on the dollar amount and/or number of payments permitted through the Bill Payment Service. We will notify you promptly if we to refuse to make a Bill Payment in an amount scheduled by you.
L. Information Authorization
Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. In order to verify ownership of the Bill Payment Account(s) and/or Billing Account, we may issue offsetting debits and credits to the Bill Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Bill Payment Service, you agree that we reserve the right to request a review of your credit rating at our expense through a credit reporting agency. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
V. Purchase Rewards
A. License Grant and Restrictions
You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use Debit Rewards Offers to benefit from your debit card purchases.
As used herein, the term "Debit Rewards Offers" also include any other programs, tools, internetbased services, components and any "updates" (for example, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Debit Rewards Offers services or features 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 Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of Debit Rewards Offers, or any other services provided in connection with it, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) perform or attempt to perform any actions that would interfere with the proper working of Debit Rewards Offers or any services provided in connection with it, prevent access to or the use of Debit Rewards Offers or any or services provided in connection with it by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using Debit Rewards Offers; or (vii) otherwise use Debit Rewards Offers or any services provided in connection with it except as expressly allowed under this subsection A.
B. Debit Rewards Offers
If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
(1) Purchase 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, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.
(2) Debit Rewards Offers Account
You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
(4) Debit Card
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
(5) Limitations of Warranties and Liability
You understand and agree that we make no warranties and have no liability as to:
(a) Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program;
(b) The rewards information that we provide to you, which is provided "as is" and "as available";
(c) Your inability to comply with offer guidelines;
(d) The accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information;
(e) 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
(f) 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.
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.
C. Third Party Services
In connection with your use of Debit Rewards Offers, or any other services provided in connection with it, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
D. Third Party Websites
Debit Rewards Offers may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
VI. MX Money Management
A. The MX Money Management Service
MX Money Management is a financial management service offered by us, but operated by one of our third party service providers, Intuit Inc. MX Money Management assists you in managing your finances by consolidating your financial information from third party websites that you designate.
MX Money Management will retrieve and compile your information from designated third party websites ("3rd Party FIs") to present the information to you in one source. Your use of or access to MX Money Management, including information you provide and information we retrieve from 3rd Party FIs in connection with MX Money Management is subject to this Agreement. If you do not agree to this Agreement, or updated versions of this Agreement, as the Agreement may be updated from time to time, you must not access or use MX Money Management. Otherwise, your continued access to or use of MX Money Management means you agree to the updated terms and conditions of this Agreement. The term "Intuit" means Intuit Inc. and its third party service providers.
By using MX Money Management, you authorize us to access 3rd Party FIs, on your behalf, to retrieve, store, update, use and distribute your information in connection with MX Money Management. You hereby grant us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, for you and in your name, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, as described in this Agreement, with the full power and authority to do and perform each act necessary to be done in connection with such activities, as you might or could do in person. You acknowledge that we do not review your information for accuracy and completeness and agree that we are not responsible for its completeness, accuracy or availability. Any transaction or informational activities performed at any third party's website are not made through MX Money Management and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your 3rd Party FIs. You hereby represent and warrant that you are a legal owner of the accounts at the 3rdParty FIs, and that you have the full authority to: (i) designate us as your authorized agent; and (ii) grant us rights, authorizations and releases under these Terms and Conditions. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD PARTY SERVICE PROVIDER ACCESS OR RETRIEVE INFORMATION FROM 3RD PARTY FIs, WE OR OUR THIRD PARTY SERVICE PROVIDER ARE ACTING AS YOUR AUTHORIZED AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE 3RD PARTY
FI. You agree that we are entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
C Accurate Information
You shall provide true, accurate, current and complete information about yourself and your accounts maintained at 3rd Party FIs and you agree to not misrepresent your identity or your account information, or provide any information for accounts that do not belong to you. You acknowledge that MX Money Management relies on your accurate account information with your 3rd Party FIs.
You hereby grant us a license to use any information, data, passwords, materials, or other content (collectively, "Data") that you provide to us or our third party service provider or via MX Money Management, including Data retrieved from 3rd Party FIs to perform the following acts: (i) use, display, reproduce or distribute the Data or create new content or offerings using the Data in connection with providing MX Money Management or any other service that you may designate with us or our third parties; and (ii) present you with offers of products and services, including third party products and services that we or our third party believe may be of interest to you. As part of the foregoing right, you grant us the right to use your Data to (a) collect and store your 3rd Party FI account data; (b) reformat and manipulate such 3rd Party FI account data, (c) create and provide hypertext links to the 3rd Party FI; (d) access the 3rd Party FI's websites using your Data, (e) update and maintain your account information; (f) address errors or service interruptions; (g) assist in troubleshooting and technical support; (h) enhance the type of data and services we can provide to you in the future; and (iii) take such other actions as are reasonably necessary to perform the actions described in (a) through (h) above. By providing us with access to your Data, you hereby agree, or represent and warrant that the owner of such Data has expressly agreed that, we may, without restrictions or payment of fees to you or third parties, use the Data for the purposes set forth in this Article IX. You also authorize our third party service providers to collect and aggregate anonymous information to conduct certain analytical research, database marketing, performance tracking, benchmarking and marketing programs and publish or distribute summary or aggregate results relating to metrics comprised of research data to us or other third parties for any purpose consistent with these Terms and Conditions. Additionally, automated technology may be used to tailor messages or advertisements that we or our third party service providers believe reflect your interest and needs. If you select services that are offered by third parties through such offers, you will be agreeing that we have your consent to give such third parties your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties to make their offerings and services available to you and to permit us to use your Data and material derived from your Data to suggest savings opportunities or additional products and services to you.
E. Use of Service and Restrictions
You are permitted to use MX Money Management and the content delivered to you through MX Money Management only on MX Money Management to organize and manage your financial data. You may download or print a copy of the information provided on MX Money Management for your personal and non-commercial use. Any distribution, reprint or electronic reproduction of any content from MX Money Management is expressly prohibited without our express prior consent. Further, you shall not do any of the following: (i) create derivative works from this content to use, reproduce or distribute; (ii) reverse engineer or reverse compile any of the technology; (iii) use MX Money Management or the content delivered through MX Money Management in any way that would infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or violate any applicable law or regulation; (iv) resell or make commercial use of MX Money Management; (v) provide an unauthorized person with access to MX Money Management using your information; (vi) perform or attempt to perform any actions that would interfere with the proper working of MX Money Management, prevent access to or the use of MX Money Management by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure; or (vii) use MX Money Management in any way that was not expressly permitted under these Terms and Conditions. NEITHER WE NOR MX MONEY MANAGEMENT IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
MX Money Management is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through MX Money Management may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you, or anyone you authorize on your behalf, to access MX Money Management or your accounts (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of your Access Information or MX Money Management. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using your Access Information. It is assumed that any Communications received through use of the Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information. We reserve the right to deny you access to MX Money Management (or any part thereof) without prior notice if we reasonably believe that any loss, theft or unauthorized use of Access Information has occurred. You must inform us of, and hereby grant to us permission to use Access Information to enable us to provide MX Money Management to you, including updating and maintaining data addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
G. Offers and Third-Party Links
Some parts of MX Money Management are supported by sponsored links from third party service providers or advertisers and display offers that may be custom matched to you based on information stored in MX Money Management, queries made through MX Money Management or other information.
In connection with offers, MX Money Management will provide links to other web sites belonging to us or other third parties. We do not endorse, warrant or guarantee the products or services available through the offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and we are not an agent or broker or otherwise responsible for the activities or policies of those web sites. We do not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party via MX Money Management are actually the terms that may be offered to you if you pursue the offer orthat they are the best terms or lowest rates available in the market.
H. Information from 3rd Party FIs
You acknowledge and agree that (i) some 3rd Party FIs may not allow us to access your Data; (ii) 3rd Party FIs may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites; (iii) MX Money Management "refreshes" the data from financial institutions by collecting that information at specific times of the day or night on a "batch" basis. These times may not be the same for all financial institutions. Additionally, you may have the ability to trigger an auto-refresh on log-in or have a user-initiated refresh at any time; and (iv) your most recent transactions may not be reflected in any account balances or other account information presented to you in MX Money Management.
VII. General Terms
A. Information Authorization
You authorize us to verify your identity by obtaining information about your credit history from a consumer reporting agency. We and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. We reserve the right to deny you access to the U1 Online Services if we cannot verify your identity or other necessary information. We may approve or decline your application for the U1 Online Services, or any of them, based upon our review of your consumer report, along with other information we deem relevant. If we deny your request to use the U1 Online Services, or any of them, based upon a consumer report, you may obtain a free copy of the consumer report that we used from the consumer reporting agency that issued the report. You may view, download and print a summary of your rights under FCRA, including information on how to obtain a copy of your consumer report, at any time by contacting your financial institution.
In addition to obtaining a consumer report, we and our service provider reserve the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using the U1 Online Services, or any of them, in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
C. Disclosure of Account Information to Third Parties
We will disclose information to third parties about your Accounts or the transactions you make: (a) Where it is necessary for completing a transaction; or (b) In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or (c) In order to comply with a governmental agency or Court order; or (d) If you give us your written permission.
D. Intellectual Property
This Agreement does not transfer to you any ownership or proprietary rights in the U1 Online Services, or any of them, or any associated software or any part thereof. You are permitted to use the U1 Online Services only as expressly authorized by this Agreement. We or our agents retain all rights to the U1 Online Services, and each of them, and all patent, copyright, trademark, and trade-dress (the "look and feel" of the U1 Online Services, or any of them) rights, trade secrets, and any other intellectual property rights and all right, title and interest in and to the U1 Online Services, and each of them, and any associated software.
Neither you nor any user you authorize will (a) sell, lease, distribute, license or sublicense the U1 Online Services, or any of them; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the U1 Online Services, or any of them, in any way for any reason; (c) provide, disclose, divulge or make available to or permit use of the U1 Online Services, or any of them, by any third party; (d) copy or reproduce all or any part of the U1 Online Services, or any of them; or (e) interfere, or attempt to interfere, with the U1 Online Services, or any of them, in any way.
E. Your Liability for Unauthorized Transfers Through Use of Bill Payment Services
Tell us AT ONCE if you believe your password or other means to access your account has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. 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 2 Business Days after you learn of the loss or theft of your password, you can lose no more than $50.00 if someone used your password without your permission. If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your password, and we can prove that we could have stopped someone from using your password or other means to access your account through such Services, or either of them 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 card, password or other means, 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 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 extend the period.
Contact in the event of unauthorized transfer
If you believe your password has been lost or stolen, call: (937) 225-6800, option -0-, or (800) 543-5000, option -0-or write to: Universal 1 Credit Union, PO Box 467, Dayton, OH 45409. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
For purposes of these disclosures, our business days are Monday through Friday, not including Legal Holidays.
The foregoing paragraph applies only to Bill Payment Services.
F. Questions or Error Correction on Bill Payment Services; Our Liability; Your Responsibility for Errors
In Case of Errors or Questions About Your Electronic Transfers, telephone us at (937) 225-6800, option -0- or (800) 543-5000, option -0- during normal member service hours; or write us at: Universal 1 Credit Union1 River Park Drive Dayton, Ohio 45409 or email us at firstname.lastname@example.org. 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. You must:
- 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; and,
- Tell us the dollar amount of the suspected error.
- For a payment through Bill Payment Services, tell us the number of the Bill PaymentAccount used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee member number for the payment in question.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days after your oral notification.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur. If we do not complete a transfer to or from your U1 Credit Union 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 a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone you allow, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly.
- If you have not provided us with complete and correct payment information, including without limitation the name, address, member number, and payment amount for the payee on a bill payment.
- If you have not properly followed the instructions for using U1 Online.
- If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.
Notwithstanding the foregoing, 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 in connection with the Bill Payment Service. 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, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
The foregoing subsection G applies only to Bill Payment Services.
G. Indemnification and Limitations on Liability.
In addition to the indemnifications and limitations on liability contained in the Deposit Agreement, you hereby indemnify and hold harmless Credit Union and each of its directors, officers, employees, agents, successors, and assigns ("Indemnitees") from and against all liability, loss, and damage of any kind (including attorneys' fees and other costs incurred in connection therewith) incurred by or asserted against such Indemnitee in any way relating to or arising out of (a) your use of the U1 Online Services, or any of them, (b) any failure by you to comply with the terms of this Agreement or breach by you of any representation or warranty contained herein, (c) any failure by you to comply with applicable laws and regulations, (d) any acts or omissions of you or any third party, (e) our reliance on the information, instruction, license and/or authorization provided by you under this Agreement, (f) your infringement, or infringement by any user of your Credit Union account(s), of any intellectual property or right of any person or entity. You agree that Intuit Inc. is a third party service provider and a third party beneficiary of these Terms and Conditions, with all rights to enforce such provisions as if they were parties to these Terms and Conditions. This paragraph shall survive the termination of this Agreement for any reason.
H. Disclaimer of Representations and Warranties
YOU UNDERSTAND AND AGREE THAT EACH OF THE U1 ONLINE SERVICES IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE YOUR USE OF THE U1 ONLINE SERVICES, AND EACH OF THEM, IS AT YOUR SOLE RISK AND DISCRETION. YOU UNDERSTAND AND EXPRESSLY AGREE FURTHER THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE U1 ONLINE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN 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 OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE AND OUR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE AND OUR SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE U1 ONLINE SERVICES, OR ANY OF THEM, THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE U1 ONLINE SERVICES, OR ANY OF THEM, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM ANY OF YOUR ACCOUNTS AT OTHER FINANCIAL INSTITUTIONS OR THAT THE U1 ONLINE SERVICES, OR ANY OF THEM, WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
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