This Online Access Agreement (the “Agreement”) contains the terms that govern your use of Community Resource Bank’s website, with a homepage located at www.community-resourcebank.com (the “Website”), including your accessing of any online services including banking and other financial services (collectively, the “Online Services”).
In this Agreement, the terms “we”, “us” “our” and “Bank” refer to Community Resource Bank. “You” or “your” mean those who sign this Agreement as applicants or any authorized user(s).
1. Other Agreements. The terms and conditions in this Agreement are in addition to any deposit account agreements you have with us, including signature cards, account terms and conditions, schedules, resolutions of authority, disclosures, and change of terms notices (the “Deposit Agreements”). The terms and conditions in this Agreement are also in addition to any loan or credit agreements you have with us, including documents containing terms and conditions, schedules, and disclosures (the “Loan Agreements”). Further, the terms and conditions in this Agreement are in addition to the Separate ACH agreements, wire transfer agreements, disclaimers, and terms and conditions posted on our Website, as may be amended from time to time, any board resolutions (“Additional Agreements”) and applicable laws and regulations.
2. Electronic Fund Transfer Act. Some of the transactions covered by this Agreement may be governed by the Electronic Fund Transfer Act (the “EFTA”), and some of the terms and conditions of this Agreement are disclosures required by the EFTA. Commercial accounts (defined as accounts that are not established primarily for personal, family or household purposes) are not covered by the EFTA and therefore certain provisions will not be applied to commercial accounts.
3. Joint Accounts. Each holder of a joint account, acting alone, may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify any other joint accountholder or you, about the action of the other. However, each of you will only be permitted to access accounts for which you are an owner, joint owner or authorized user.
Joint accountholders are jointly and severally liable under this Agreement. Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use our Online Services. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.
4. Computer Requirements. This Agreement between you and the Bank governs your use of the Online Services through the use of a personal computer. Access will be provided through the Worldwide Web of the Internet. You are solely responsible for the set up, installation, operation, and maintenance of the equipment you use to access the Online Services and for providing your own access to the Internet through the Internet Service Provider of your choice. Your browser must support at least 128-bit encryption. We are not responsible for the cost of upgrading your equipment to stay current with the Online Services. We are not responsible for any errors or failures from any malfunction of your computer and we are not responsible for any computer virus or related problems that may be associated with the use of your computer.
5. Availability of Website. There may be certain times when the Website is unavailable due to system maintenance or circumstances beyond our control. You can access your account(s) by telephone, Telebanc, through an Automated Teller Machine, or at a Bank office during the hours that these services are offered. We are not liable for any damage that you may suffer arising out of or related to the use or inability to use the Website and Online Services.
6. Access/Use of the Online Services. To use the Online Services, you must have at least one deposit or loan account at the Bank and access to Internet Service with the proper hardware and software in place. You may gain access to the following types of deposit and loan accounts using the Online Services:
In general, you will only be permitted to access accounts for which you are an owner, joint owner or authorized user. We may modify, suspend, or terminate access to Online Services for any reason without notice or refund of fees you have paid.
For Commercial accounts, once we have received your signed enrollment form, and verified your account information, we will provide you either in person or via mail, confirmation of our acceptance of your enrollment, along with an User Name and temporary password. We will additionally require execution of resolutions of authority and related documentation.
For consumer accounts, access to your account will be linked by means of the Portfolio Code/Name Line Code of the person who is authorized to access the account(s). In addition, after we provide initial account access as requested by you, you are solely responsible for maintaining, terminating, and granting account access. We undertake no obligation to monitor transactions through the Website which use valid User Names and passwords to determine that they are made on behalf of the authorized individual. You will be required to change your password the first time you access the Online Services. Your password must be a combination of at least eight (8) alpha numeric and special characters.
The Bank will not be liable for any damage that you may suffer arising out of the use of, or inability to use, the services or products provided hereunder. The Bank will not be liable for unauthorized access to the Bank’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of the Bank.
In no event will the Bank be liable for any other damages, including but not limited to, loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of the ONLINE Services or the Internet. Access to the services and the Internet cannot be guaranteed. You may be unable to access any Internet Service Provider or the Internet at any given time, and disconnecting may occur from time to time.
7. Description of Online Services. You may subscribe for some or all of the following Online Services:
7.1 Basic Online Services. If you subscribe to this service, you may:
7.2 Cash Management Services. Commercial customers may also apply to use Online Services for the following:
7.3 The features of the Online Services described in paragraphs 7.1 and 7.2 above are limited by and subject to the following terms and conditions:
8. Stop-Payment Requests. If you have signed up for our Bill Payment Service, once the Bill Pay payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop an Online Services bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Pay screen.
You acknowledge that the stop payment feature of the Online Services is an alternate entry system for issuing stop payment orders between you and the Bank. When using Online Services to stop payments, you should follow the onscreen instructions. Prior to requesting a stop payment, you must first verify that the item has not already been posted to your account. If a stopped item has already been paid prior to our entry of the request, then we shall not be liable for any loss incurred by you arising from the event.
You may initiate stop payment requests online via Online Services only for paper checks you have written (non-electronically) on your Bank accounts (not Bill Pay paper drafts).Online stop-payment requests received before 6:00 p.m. Central Standard Time are typically processed on the same business day they are received. Stop payment requests received after 6:00 p.m. Central Standard Time are typically processed on the next business day. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.
If you make stop-payment requests online or by telephone, we may also require you to provide us with a written, paper request within fourteen (14) days. If you elect to cancel or stop payment using Online Services, such requests will not be effective until we acknowledge receipt. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. In the event you want to stop a Bill Pay paper draft, stop payment charges incurred by the third party check processor will be assessed.
You agree to hold the Bank harmless for said amount as well as for all expenses and costs incurred by the Bank through refusing payment of above check. You hereby confirm that all information and amounts furnished above are correct. If a check is paid due to incorrect information, you hereby free the Bank of any liability.
9. Account Balance Information. Balances may include deposits subject to verification by us. Balances may differ from your records due to deposits in process, outstanding checks or other withdrawals, payments or charges. We have the right to cancel transactions if sufficient funds are not available in your account. 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.
10. Business Days/Hours of Operation. Online Services is generally available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods or due to an emergency. However, we only process transactions and update information on business days. Our business days are Monday through Friday, except Bank holidays. Any transaction, request or instruction made on a day that is not a business day will be delayed until the next business day.
11. No Signature Required. When using Online Services to make transfers from credit accounts, you agree that we may take any action required to obtain cash advances on your behalf, including charging a linked credit account at the Bank or at an affiliate, without your signature.
12. Statements. You will not receive a separate Online Services statement. We will mail or deliver to you periodic statements for your accounts with the regularity provided for in the Deposit and Loan Agreements. In addition to reflecting your other account activity, the statements will include any transactions authorized using Online Services.
13. Authorized User Access. You may request that another person (the “Authorized User”) have access to accounts owned by you using the Online Services. As set forth in paragraph 6, you are responsible for granting, terminating, and maintaining account access after we provide the initial account access as requested by you. “Access” means the Authorized User may use Online Services to conduct transactions (including transferring funds or making payments) or obtain information on accounts owned by you. If you request an Authorized User for the Online Services, you authorize the Authorized User to use Online Services to access all current and future checking, savings, line of credit, and certificate of deposit account(s) on which you are an individual or joint owner at the Bank or any of its affiliates. You understand and agree that you are responsible for all transactions or actions of the Authorized User on your accounts, including charges and fees, and that all transactions are deemed authorized under the EFTA.
14. User Name and Password. The User Name and password are issued to you for security purposes. You will be required to change your password upon your initial log-in to Online Services, and annually (every 365 days) thereafter. Upon three unsuccessful attempts to use your password, your access to the Online Services will be revoked. You must contact us to have your password reset or to obtain a new temporary password. You agree to keep your User Name and password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Services. You are responsible for any transactions, including charges or fees, made by another person if you provide your User Name or password to another person, even if that person is not an accountholder, and that such transactions will be deemed to be “authorized transactions” under the EFTA.
For security purposes, your password must be a minimum of eight (8) characters in length and a combination of alpha, numeric and special characters. Your passwords should not be associated with any commonly known personal identification, such as social security numbers, addresses, dates of birth, or names of children. For security purposes, you should memorize passwords and not write them down. If you forget a password, you must contact us to have a new temporary password issued. It may take several days before you receive this temporary password.
15. Security. Your role in preventing misuse of your accounts through the Online Services is extremely important. You agree to promptly review your periodic statement as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your User Name and password are intended to provide security against unauthorized entry and access to your accounts. Do not leave your computer unattended while you are connected to the Online Services. Data transferred through the Online Services is encrypted in an effort to provide transmission security. The Online Services utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. By combining the latest technology with authenticated access to the server, the Bank makes your Online Services sessions secure. You must acknowledge, however, that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Online Services, or E-Mail transmitted to and from us, will not be monitored or read by others.
16. Bank’s Responsibilities. We are responsible for completing transactions on time according to your properly entered and transmitted instructions. However, we will not be liable:
There may be other exceptions to our liability as stated in the Deposit Agreements and Loan Agreements.
17. Notice of Your Rights and Liabilities. Use of the Online Services requires a PASSWORD. You agree to keep your PASSWORD secret and to notify us immediately if your PASSWORD is lost or stolen or if you believe someone else has discovered your PASSWORD. We may accept as authentic, any instructions given to us through the use of your PASSWORD. Therefore, you agree that if you give your PASSWORD or allow it to be given to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Online Services. The Online Services enables you to change your PASSWORD and we require that you do so once a year (every 365 days.)
Tell us AT ONCE if you believe your password has been lost or stolen, used without your authorization, or compromised in any way or if someone has transferred or may transfer money from your accounts without your permission. Telephoning us at 507-645-3149 during normal business hours is the best way of preventing possible losses.
You could lose all the money in your account (plus your maximum overdraft line of credit, if any). If you tell us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone uses your password without your permission. If you do not tell us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts 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 sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 hospital stay kept you from telling us, we will extend the time period. The limitations on your liability described in this section do not apply to commercial accounts.
18. Data Recording. When you contact Online Services to conduct transactions, the information and E-Mail messages you enter may be recorded. By using Online Services, you consent to such recording.
19. In Case of Errors or Questions. If you think your statement is wrong, or if you need more information about a transaction listed on the statement,
Telephone us at:
(507) 645-3149 or 1(800) 250-8420
write to us at:
Community Resource Bank
1605 Heritage Drive
Northfield, MN 55057
20. Additional Error Resolution Procedures for Non-Commercial Accounts. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 questions in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (3) 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. The provisions of this section do not apply to commercial accounts.
21. Online Communication. Electronic mail, or e-mail, is available through the Contact us page on our Website. E-mail through our Website is not covered by Secure Socket Layers (SSL’s), therefore, this page should be used for general questions or comments only. The information included on this page should not reveal financial information or confidential personal information, such as, but not limited to, account numbers or social security numbers.
In addition, when using the Website or sending e-mail, information will be sent over the Internet, including communication lines and computers that the Bank does not control. As a result, we assume no liability for or relating to the delay, failure, interruption or corruption of any information sent as a part of your use of the Website.
22. External Links. We may offer various links to external websites. These links are to external websites that contain information created, published and maintained by sources independent of the Bank. We have no control over these websites and therefore do not guarantee the accuracy or completeness of the information gathered from these sources and is not liable for their content. Any use of information obtained from these external links is strictly voluntary.
23. NO WARRANTIES OR REPRESENTATIONS. THE BANK MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU OR ANY OTHER PERSON, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY OR SUITABILITY, TO YOU OR ANY OTHER PERSON, OF ANY OF THE SERVICES PROVIDED BY THE BANK UNDER THIS AGREEMENT OR ANY COMPUTER SOFTWARE PRODUCTS OR PROGRAMS PROVIDED BY THE BANK UNDER THIS AGREEMENT INCLUDING YOUR USE OF THE WEBSITE.
24. LIABILITY. YOU AGREE THAT NEITHER THE BANK NOR ANY PERSON OR COMPANY ASSOCIATED WITH US SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR RECEIVE THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY , CONTRACT, TORT AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SUPPLIERS TO US. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY / WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF OUR WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25. Indemnification. You agree to indemnify and hold us, our directors, officers, employees, agents and suppliers harmless from all loss, liability, claims, demands, judgments and expenses (including reasonable legal fees) arising out of or in any way connected with your account or the performance of Online Services, unless such claim is solely the direct result of our wrongful act or omission.
26. Use of Materials on Our Website. The materials on our Website belong to the Bank. There are some important rules about copying these materials. You may download or print one copy of the materials on our Website, but only for your personal, noncommercial use. When you download or print a copy of the materials on our Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. The materials on our Website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by this Agreement, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors of the materials contained on our Website. All rights not expressly granted are reserved.
27. Third-Party Software – Virus Protection. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of a third party software that may be used in conjunction with the Online Services. The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
28. Termination. Unless otherwise required by applicable law, we may terminate this Agreement and/or your access to the Website or any Online Services, in whole or in part, at any time. We may reinstate your access to the Website, in whole or in part, at our discretion, at any time. If reinstated, the then current terms of this Agreement will prevail. You may request reinstatement of access to the Website and Online Services by calling 507-645-3149 or 800-250-8420 during regular business hours. If you wish to cancel any of your Online Services under this Agreement, either send us written cancellation instructions to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057 or call our bookkeeping department at 507-645-3149 or 1-800-250-8420.
If you terminate Online Services, you authorize the Bank to continue transactions you have previously authorized and continue to charge monthly fees until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transactions, including transactions you previously authorized. If we terminate your use of Online Services, we reserve the right to make no further transactions, including any transactions you have previously authorized. If Online Services is terminated by either party, we are not liable for any losses related to payments not made as a result of termination, for example, re-occurring payments that are not made.
Termination of Direct Connect and Bill Pay Services: If you wish to cancel the Direct Connect or Bill Pay service, you must notify the Bank directly in order to discontinue the automatic fee.
29. Changes in Agreement. We may amend this Agreement at any time. We may also change the Online Services, including fees, at any time. If we change any term(s) or condition(s) that would result in a greater cost or liability to you or decrease access to your accounts, we will notify you at least thirty (30) days in advance. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you on the account records, sent to the e-mail address which you authorized to receive such notices and/or disclosures or by posting the required notice on our Website. You understand that by using the Online Services after you have been notified of the change, and after the change becomes effective, you are agreeing to the change.
We do not need to provide you with any prior notice where an immediate change in the terms or conditions of the Agreement is necessary to maintain or restore the security of our system or an account. However, in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you if practicable, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.
You agree that changes to fees applicable to specific accounts are governed by the applicable Deposit Agreements, Loan Agreements, and Additional Agreements.
31. Fees. There is no monthly fee for accessing your account(s) through the Bank’s Website. Fees separately disclosed to you in connection with an account or Online Services (such as Bill Pay, Direct Connect or any Business Online Cash Management Services), apply when using that service. Other fees may be assessed and billed separately by your online service provider.
32. Miscellaneous Terms and Conditions.
32.1 Severability. If any section, provision or condition of this Agreement is deemed invalid or unenforceable, the provision deemed invalid of unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, this Agreement will be read as if that provision were never a part of it, and the remainder of the Agreement will be valid and enforceable.
32.2 No Waiver. Any waiver, expressed or implied, by the Bank of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.
32.3 Additional Information. You agree to execute any additional documents and to provide any necessary information that the Bank reasonably requests.
32.4 Force Majeure. The Bank will not be deemed to have breached this Agreement if it fails to perform because of a cause beyond its reasonable direct control. Examples of causes beyond our reasonable direct control include, without limitation, any failure or interruption of any electronic communication system between you and the Bank, equipment or software failure or malfunction, electrical, computer or mechanical failure or malfunctions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, riot, theft, earthquake, natural disaster, default or common carriers or third party vendors and suspension in payments by another financial institution.
32.5 Successors and Assigns. This Agreement is binding upon, and is for the benefit of, the Bank and you and both parties’ respective successors and assigns. The Bank may, at any time, assign this Agreement to any affiliate, subsidiary or parent company or any entity who acquires substantially all of the business of the Bank. Otherwise, the Bank and you may not assign this Agreement to any other person without the express written agreement of the other party.
32.6 Applicable Rules, Laws and Regulations. This Agreement shall be governed by the laws and regulations of the State of Minnesota (without reference to its choice of law principles) and applicable Federal laws and regulations. In addition, you agree to be bound by and will comply with the terms of this Agreement, requirements of your account(s), the rules and regulations of any funds transfer or wire system to which the Bank belongs, and all applicable laws and regulations. Any dispute between the Bank and you must be brought to the relevant court in Rice County, Minnesota.
32.7 Headings. The headings in this Agreement are for reference only and will not govern the interpretation of its provisions.
32.8 Survival. The obligations of the parties and the provisions of this Agreement which, by their nature, would continue beyond termination or expiration of this Agreement shall survive such termination or expiration.
32.9 Complete Agreement. This Agreement, and the other agreements referenced herein, as well as any amendments hereto, constitutes the complete understanding between the parties on the subject matter herein.
33. ESIGN Customer Consent Disclosures. This section addresses the circumstances under which you agree to receive communications from the Bank electronically. Unless otherwise required by applicable law, in the event that we are required to provide a notice, disclosure, or other communication to you in writing (“Disclosures”), including the Disclosures set forth in this Agreement, you agree by clicking “I agree” below that any Disclosures provided pursuant to the terms of this Agreement, and any future Disclosures required by law, including electronic fund transfer disclosures, may be made electronically to the Internet or email address that we have for you in our then current records or made available for your review on the Website. Please read the following disclosures prior to providing us your consent.
You may obtain a paper copy of this Agreement and any future Disclosures at any time and at no cost to you by either printing them from the Website or by submitting your written request for a paper copy of this Agreement or each Disclosure individually to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057.
Your consent to receive Disclosures electronically applies to all present and future Disclosures relating to or arising from your use of the Online Services, including those required by law. If you consent and change your mind later, you may withdraw your consent to have Disclosures provided or made available in electronic form at any time by sending written cancellation instructions to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057 or by calling our customer service department at 507-645-3149 or 1-800-250-8420. However, withdrawing such consent will likely result in delays because we may not accept and process your transactions through the Online Services, and may restrict access to the Online Services, until we deliver Disclosures to you on paper.
You may update your contact information at any time through the Online Services by updating your User Profile; by sending written notice to Community Resource Bank, 1605 Heritage Drive, Northfield, MN 55057; or by calling our customer service department at 507-645-3149 or 1-800-250-8420. You must have computer hardware and software capable of accessing the Website through the Internet, as described further in Section 4 above, for access to and retention of any electronic Disclosures.
By clicking “I agree” below, I agree to be bound by the terms of the Community Resource Bank Online Access Agreement and Disclosures, and I also consent to the use of electronic delivery or posting of Disclosures relating to or arising from use of the Online Services. I have been able to read the Online Access Agreement and Disclosures using my computer and software. I have successfully printed or downloaded a copy of this Online Access Agreement and Disclosures. I have access to an account with an Internet service provider, and I am able to send and receive email. I am consenting on behalf of any existing joint account holders and am authorized to consent on their behalf.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
“Service” or “The Service” means the bill payment service offered by Community Resource Bank, through our designated service provider.
“Agreement” means these terms and conditions of the bill payment service.
“Member Service” means the Member Service department of Community Resource Bank. Please see the ERRORS AND QUESTIONS section below for Member Service contact information.
“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
“Payment Instruction” is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
“Payment Account” is the checking account from which bill payments will be debited.
“Billing Account” is the checking account from which all Service fees will be automatically debited.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
“Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
“Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) 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.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service 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.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves 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).
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 the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also 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 Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payments to Billers outside of the United States or its territories are prohibited through the Service. In addition, payments that violate any law, statute, ordinance or regulation, and any payments related to illegal gambling, illegal gaming and/or any other illegal activity, are prohibited through the Service.
“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property), tax payments and court ordered payments. Exception Payments may be scheduled through the Service, however such Exception Payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an Exception Payment: all research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
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 Service’s electronic bill options, you also agree to the following:
Information provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation – Upon activation of the electronic bill feature the Service 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 – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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 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. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) – You agree to hold the Service 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 – The Service is not responsible for the accuracy of your electronic bill(s). The Service is 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.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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 you authorize using the Service. If you permit other persons to use the 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 Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 800-877-8021 during Member Service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
Community Resource Bank
1605 Heritage Dr.
Northfield, MN 55057
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
The customer’s right to receive documentation showing the bill pay transfers. Documentation of transfers: You will receive a monthly statement that will show each bill pay transfer, electronic transfer, or debit to your account that has occurred during the month.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the 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.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
ADDRESS OR BANKING 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 by contacting Member Service. Any changes in your 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 Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, please contact Member Service via one of the following:
Community Resource Bank
1605 Heritage Dr.
Northfield, MN 55057
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides 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 using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service 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. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves 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).
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Member Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Last updated June 9, 2012
3. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a “Definitions” section at the bottom of this Agreement.
4. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions and updates.
5. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).
6. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
7. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:
Community Resource Bank
1605 Heritage Drive
Northfield, MN 55057
We may also be reached at 800-877-8021 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.
8. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed payment transactions, alerts for validation and notices of receipt of payment transactions) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required
disclosures through electronic communications by contacting us as described in section 7 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
9. Calls to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes.
10. Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.
12. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
13. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
14. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:
(a) Payments to or from persons or entities located in prohibited territories; and
(b) Payments that violate any law, statute, ordinance or regulation; and
(c) Payments that violate the Acceptable Use terms in section 15 below; and
(d) Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
(e) Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
(f) Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and
(g) Tax payments and court ordered payments.
In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.
15. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.
16. Payment Authorization and Payment Remittance.
(a) By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.
(b) When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.
(c) You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
(d) You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
(d) We will use reasonable efforts to complete all your payment transactions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account;
2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the payment transaction;
3. The payment is refused as described in Section 20 below;
4. You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a payment transaction; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.
(e) It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware that this information is inaccurate. Neither the Sender nor Receiver may use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
17. Initiation of Payment Transactions. You may initiate (a) a one-time payment transaction to a Receiver for which processing shall be initiated immediately, (b) a one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.
Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the payment transaction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with an institution that participates in the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the payment transaction and receive the payment.
You understand and agree that when you initiate a payment transaction from an Eligible Transaction Account using the Popmoney Service, the processing of the payment transaction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information.
18. Receiving Payments. If another person wants to send you a payment transaction using the Popmoney Service to an Eligible Transaction Account you hold with us, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.
You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and the Popmoney Website to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of payment transactions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Service.
19. Payment Methods and Amounts. We impose limits on the amount of money or gift card value you can send or receive through our Service. These limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment.
20. Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the payment transaction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized payment transaction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a payment transaction, the Receiver is not required to accept the payment transaction. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment transaction initiated or attempted through the Service. We will,
to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
21. Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized payment transaction, you shall communicate with customer care for the Service in the manner set forth in section 7, above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payment transactions that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
22. Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word “HELP” to this number: 767666. To stop receiving text messages on your mobile phone, text “STOP” to this number: 767666.
23. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
24. Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction 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.
25. Failed Or Returned Payment Transactions. In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the payment transaction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the payment transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment transaction), the payment transaction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
(a) You will reimburse us immediately upon demand the amount of the payment transaction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;
(b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
(c) You may be assessed a fee by our service provider and by us if the payment transaction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the requested transfer, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, by ACH debit;
(d) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
(e) We are authorized to report the facts concerning the return to any credit reporting agency.
26. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made through your Service account, within the user interface of the Service or by contacting customer care for the Service as set forth in section 7 above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
27. Refused Payments. We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
28. Returned Payments. In using the Service, you understand that Receivers may reject payment transactions or otherwise return payments. We will use reasonable efforts to complete payment transactions initiated through the Service.
29. Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.
30. Service Termination, Cancellation, or Suspension. In the event you wish to cancel the Service, you may contact us as set forth in section 7 above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. We may terminate or suspend your use of the Service at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
31. Errors, Questions, and Complaints.
(a) In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in section 7 above.
(b) If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
(c) If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question,
we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
32. Intellectual Property. “Popmoney” is a trademark of CashEdge Inc. or its affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
33. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
34. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 7 above. See also section 21 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
35. Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time.
36. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
37. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration.
38. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under section 37 above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
39. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.
40. Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
41. No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
42. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
43. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY
STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 37 AND 38 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
44. Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 3, 6-9, 12, 23, 25, 32 and 35-44, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
(a) “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
(b) “Affiliates” means companies related by common ownership or control.
(c) “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed
(d) “Eligible Transaction Account” is a transaction account (checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information) from which your payments as a Sender will be debited, your Popmoney Service fees will be automatically debited, or to which payments and credits to you will be credited.
(e) “Payment Instruction” is the information provided by the Sender to the Popmoney Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).
(f) “Payment Network” means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
(g) “Receiver” is a person or business entity that is sent a payment transaction through the Service.
(h) “Sender” is a person or business entity that sends a payment transaction through the Service.
(i) “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.