Lake Michigan Credit Union Bill Payment Agreement
Introduction
This Bill Payment Agreement ("Agreement") is between Lake Michigan Credit Union and each member who has enrolled in our Bill Pay service, together with any person you have authorized to use or access Bill Pay on your behalf. This Agreement shall be an addendum to the existing Electronic Funds Transfer Agreement included within the Membership Agreement that you received upon opening your account with Lake Michigan Credit Union.
As used in this Agreement the terms "you" and "your" refer to each member. The terms "we," "our," "us," "Credit Union" or "Lake Michigan Credit Union" refer to Lake Michigan Credit Union. All references to time of day in this Agreement refer to Eastern Standard/Daylight Time, as observed in Grand Rapids, Michigan.
This Agreement is in addition to other agreements between you and us, and our third-party providers, as well as any disclosures provided to you. The terms of those other agreements and documents shall remain in affect notwithstanding any provision in this Agreement to the contrary. In the event of a conflict between this Agreement and any of the other referenced documents, this Agreement shall control. By enrolling in Online Banking and Bill Payment, you agree to all terms and conditions contained in this Agreement. From time to time, we may offer additional services and features. Any added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the feature or service, as applicable.
SECTION I - SERVICE DESCRIPTION, FEATURES, FEES, AND LIMITATIONS
Availability
Once enrolled in Bill Payment Service ("Bill Pay" or the "Service"), the Service will be available 24 hours a day, 7 days a week, unless an emergency exists or scheduled system maintenance is being performed. In the event the system will not be available for any extended period of time, a notice will be posted on our website informing you of such unavailability. We reserve the right to limit, suspend or terminate access to Bill Payment for any reason without notice.
Bill Payment Service
Bill Pay is an electronic online bill payment service offered as an extra convenience to members in good standing at the Credit Union. You may access Bill Pay using a personal computer (PC) with an Internet connection, or a mobile device with internet access. The Service allows you to pay bills out of a designated account on a one-time or periodic basis to payees that you designate subject to the limitations described below. In order to use Bill Pay, you must have a checking account with the Credit Union. The checking account must be designated as your "designated" account ("Designated Account") and will be treated as your Designated Account for transactions accomplished through Bill Pay.
BILL PAY FEES. With a monthly direct deposit, there is no charge for use of the Service. Without direct deposit, the Service is $5.95 per month, assessed at the close of business on the last day of the month. You are responsible for payment of this fee, even if you did not use the Service during the prior month. If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize the Credit Union to automatically deduct the charge from your account as soon as funds are available or from any other account you own at the Credit Union. The Credit Union reserves the right to charge or change the amount of service fees at any time. We will mail or deliver a written notice to you at least 30 days before the effective date of any change in fee amounts.
BILL PAYMENT LIMITS. There is no limit to the number of bill payments you may schedule, however you may not schedule any single bill payment for more than $25,000.00.
"SEND ON" DATE vs. "DELIVER BY" DATE. If you do not allow sufficient time in scheduling a bill payment, you assume full responsibility and shall be liable for all late fees, finance charges or other actions taken by the payee. When scheduling a bill payment, there is a difference between the "SEND ON" date and the "DELIVER BY" date. The "SEND ON" date is the date we will attempt to deduct the payment amount from your Designated Account. The "DELIVER BY" date is the date that you can expect the payee to receive your payment. The "DELIVER BY" date for your payment should be no later than the due date the payee has indicated for the payment.
If you schedule a payment with the "SEND ON" date as the current date, you must have sufficient available funds in your account at the time the payment is scheduled. The funds will be deducted shortly after you log out of the session. If you schedule a payment with the "SEND ON" date in the future, there must be sufficient available funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 4:00 pm EST. If the attempted deduction fails because you did not have sufficient available funds in your Designated Account, we will send you an email informing you of this situation. If a second attempted deduction fails, we will cancel the transaction and you will be responsible for rescheduling the bill payment. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the "DELIVER BY" date will be one business day later. If you receive an email because the first attempted deduction was not successful, you should access Bill Pay to determine the date of the second deduction attempt.
In the event we cause an incorrect amount of funds to be removed from your account or direct funds to a payee that do not comply with your instructions, we will return the improperly transferred funds to your account and/or transfer funds to the appropriate payee.
DEFINITION OF A BUSINESS DAY. For the purposes of processing transactions, we define a business day as a day we are open for our normal hours of operation, subject to any recognized federal holidays and weekends. Any Bill Payment submitted after-hours will be processed on the following business day.
PROHIBITED PAYEES
We will not process payments on your behalf to payees meeting any of the following criteria:
- Designated by the Office of Foreign Asset Control as being a prohibited payee
- Having an address outside of the United States (except for APO)
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Tax entities
- Collection agencies
The Credit Union reserves the right to refuse to pay a payee (even if not listed above as a Prohibited Payee) for security or any other reason. If a payment is refused, the Credit Union will promptly notify you.
CANCELLING BILL PAYMENTS. We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action. You may cancel an outstanding bill payment at any time through Bill Pay. Bill payments are considered outstanding until the "SEND ON" date.
You can cancel a "Recurring" transaction by verbal or written notice to us no later than 3 business days before the "SEND ON" date of the transaction by contacting Customer Service at the address or phone number listed in this Agreement. If you call, we may also require you to put your request in writing and provide it to us within fourteen days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream. The Credit Union will only accept a verbal or written notice to stop a Bill Pay non-electronic payment if the notice is received by us in time to act on the order and includes sufficient information for us to identify the payment (i.e. your Credit Union account number, transaction date, dollar amount, payee, etc.). You understand that the exact information is necessary to properly stop the payment. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment. If we fail to cancel or stop any Online Bill Payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
INTERNET EMAIL NOTIFICATIONS. You must keep a current Internet email address on file with us, as we use this to communicate important security events to you regarding your account with us, such as:
- User ID changes
- Internet email address changes (sent to old and new addresses)
- Adding new payees
SERVICE TERMINATION. We may terminate your participation in Bill Pay for any reason, at any time. We will attempt to notify you in advance, but we are not obliged to do so. You may not terminate your participation in Bill Pay if you have outstanding bill payments scheduled. If you have no outstanding bill payments, you can terminate Service participation by contacting our Member Service department at 1-800-242-9790.
SECTION II - MEMBER WARRANTIES AND RESPONSIBILITIES
SECURITY. You represent and warrant that you will keep your User ID, password, and account data confidential. We are entitled to act on transaction instructions received through your User ID and password. Our call center personnel are entitled to act on instructions after they have properly authenticated the caller according to our internal procedures. You represent and warrant that you have considered the security procedures of Bill Pay and find that the security procedures are commercially reasonable for verifying that an online bill payment, is in fact, yours. In reaching this determination, you have considered the size, type and frequency of bill payments that you anticipate issuing to the Credit Union. If, in your judgment, the security procedures are not commercially reasonable, or if the size, type and frequency of your transfers change, and the result is that the security procedures cease to be commercially reasonable, you must inform us within 30 days.
MULTIPLE PARTYACCOUNTS. If any of the accounts that you register under the Bill Pay is a multiple party account, you confirm that the other account holders have consented for you to designate the account(s) for Bill Pay. We will terminate your use of Bill Pay if any other account holder notifies us that (i) they did not consent to your use of the service, (ii) the account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the account.
GENERAL WARRANTIES. You warrant and represent that the information you are providing to us is true, correct and complete. You agree not to impersonate any person or use a name that you are not authorized to use. You agree to promptly update your registration records if your e-mail address or other information changes. You warrant that you will not use the Bill Pay for any purpose that is unlawful or prohibited, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party?s use and enjoyment of the Service.
Section III - PRIVACY AND SECURITY
PRIVACY. You can obtain a full description of our privacy and security policies by clicking on the "Privacy Policy" and "Security Policy" links on the help page for the Service. As is more fully described in the "Security Policy" link, we have multiple levels of security that have been designed especially for us. and all of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. As discussed in more detail in the "Privacy Policy" link, we will not disclose information to third parties about your account or the bill payments you make except in the following circumstances:
- Where it is necessary for completing bill payments;
- In order to comply with government agency or court orders; or
- If you give us your written permission to do so.
SECURITY. You agree to access the service in accordance with all security procedures as implemented by the Credit Union from time to time, in its sole discretion. The security procedures and all passwords, User IDs or other information used to identify you or any authorized user is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of this information. You agree not to disclose or otherwise make this information available to anyone not authorized to sign on your accounts. The Credit Union reserves the right to change or alter security procedures as deemed appropriate.
You agree to promptly review your statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account, member number, personal identification number (PIN) and any other code, password, or other means of identification we may provide to you. These means of identification are intended to provide security against unauthorized entry or access to Bill Pay or your accounts.
All data transferred to and from Bill Pay utilizes encryption technology consistent with industry standards to reasonably protect the security of data transferred and identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. Except as otherwise required by law, you understand and agree that the Credit Union will not be liable for a breach of security in connection with the Service. We cannot and do not warrant or represent that all data transfers utilizing the Service will not be monitored, intercepted, or read by others.
It is your sole responsibility to assure that your identification numbers, passwords or PINs are not revealed or otherwise made available to persons not authorized to access your accounts. You agree to assume all liability for disclosure of your identification numbers, passwords or PINs to any person(s) or entities, and to assume all responsibility for transactions or other account activity performed by person(s) or entities other than yourself who have obtained your identification numbers and password.
You also agree to immediately notify us by telephone at 800-242-9790, of any unauthorized use of your password, any access or attempted access, transaction or attempted transaction, other account activity or attempted account activity, or any other breach of security.
SECTION V - CREDIT UNION DISCLAIMER OF WARRANTIES, LIMITATION OF CREDIT UNION LIABILITY AND YOUR DUTY OF INDEMNIFICATION.
DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN AS-IS BASIS. THE CREDIT UNION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT IT WILL BE AVAILABLE FOR USE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. THE CREDIT UNION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. THE CREDIT UNION IS RESPONSIBLE ONLY FOR EXERCISING ORDINARY CARE IN MAKING PAYMENTS UPON YOUR AUTHORIZATION AND FOR DELIVERING A PAYMENT TO THE DESIGNATED PAYEE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY LAW, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AMOUNTS PAID BY YOU EQUAL TO ONE MONTH OF THE SERVICE. IN NO EVENT SHALL THE CREDIT UNION 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. THE CREDIT UNION SHALL NOT BE LIABLE FOR UNTIMELY OR FAILED BILL PAYMENTS AS THE RESULT OF YOUR FAILURE TO MAINTAIN SUFFICIENT FUNDS TO COMPLETE THE TRANSACTION, YOUR FAILURE TO ALLOW SUFFICIENT TIME TO MAKE A BILL PAYMENT, YOUR FAILURE TO PROVIDE US WITH ACCURATE PAYEE AND BILLING INFORMATION, SERVICE DOWNTIME, PAYEE MISHANDLING AND.OR ANY OTHER DELAY OF PAYMENT SENT VIA THE SERVICE, INCLUDING DELAYS IN MAIL DELIVERY, CHANGES OF MERCHANT ADDRESS OR ACCOUNT NUMBER, OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL THAT PREVENT COMPLETION OF A TRANSACTION.
INDEMNIFICATION. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the Credit Union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys? fees) caused by or arising from any and all third party claims, disputes or actions, in connection with your use or misuse of the Service.
Agreement
By selecting the "I have read and accept" checkbox and accessing the Service you represent that you have read, fully understand and accept the terms of this Agreement, including but not limited to your intent that it be an addendum to your Membership/Account Agreement and Electronic Funds Transfers Agreement and Disclosures with the Credit Union.
Introduction
This Bill Payment Agreement ("Agreement") is between Lake Michigan Credit Union and each member who has enrolled in our Bill Pay service, together with any person you have authorized to use or access Bill Pay on your behalf. This Agreement shall be an addendum to the existing Electronic Funds Transfer Agreement included within the Membership Agreement that you received upon opening your account with Lake Michigan Credit Union.
As used in this Agreement the terms "you" and "your" refer to each member. The terms "we," "our," "us," "Credit Union" or "Lake Michigan Credit Union" refer to Lake Michigan Credit Union. All references to time of day in this Agreement refer to Eastern Standard/Daylight Time, as observed in Grand Rapids, Michigan.
This Agreement is in addition to other agreements between you and us, and our third-party providers, as well as any disclosures provided to you. The terms of those other agreements and documents shall remain in affect notwithstanding any provision in this Agreement to the contrary. In the event of a conflict between this Agreement and any of the other referenced documents, this Agreement shall control. By enrolling in Online Banking and Bill Payment, you agree to all terms and conditions contained in this Agreement. From time to time, we may offer additional services and features. Any added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the feature or service, as applicable.
SECTION I - SERVICE DESCRIPTION, FEATURES, FEES, AND LIMITATIONS
Availability
Once enrolled in Bill Payment Service ("Bill Pay" or the "Service"), the Service will be available 24 hours a day, 7 days a week, unless an emergency exists or scheduled system maintenance is being performed. In the event the system will not be available for any extended period of time, a notice will be posted on our website informing you of such unavailability. We reserve the right to limit, suspend or terminate access to Bill Payment for any reason without notice.
Bill Payment Service
Bill Pay is an electronic online bill payment service offered as an extra convenience to members in good standing at the Credit Union. You may access Bill Pay using a personal computer (PC) with an Internet connection, or a mobile device with internet access. The Service allows you to pay bills out of a designated account on a one-time or periodic basis to payees that you designate subject to the limitations described below. In order to use Bill Pay, you must have a checking account with the Credit Union. The checking account must be designated as your "designated" account ("Designated Account") and will be treated as your Designated Account for transactions accomplished through Bill Pay.
BILL PAY FEES. With a monthly direct deposit, there is no charge for use of the Service. Without direct deposit, the Service is $5.95 per month, assessed at the close of business on the last day of the month. You are responsible for payment of this fee, even if you did not use the Service during the prior month. If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize the Credit Union to automatically deduct the charge from your account as soon as funds are available or from any other account you own at the Credit Union. The Credit Union reserves the right to charge or change the amount of service fees at any time. We will mail or deliver a written notice to you at least 30 days before the effective date of any change in fee amounts.
BILL PAYMENT LIMITS. There is no limit to the number of bill payments you may schedule, however you may not schedule any single bill payment for more than $25,000.00.
"SEND ON" DATE vs. "DELIVER BY" DATE. If you do not allow sufficient time in scheduling a bill payment, you assume full responsibility and shall be liable for all late fees, finance charges or other actions taken by the payee. When scheduling a bill payment, there is a difference between the "SEND ON" date and the "DELIVER BY" date. The "SEND ON" date is the date we will attempt to deduct the payment amount from your Designated Account. The "DELIVER BY" date is the date that you can expect the payee to receive your payment. The "DELIVER BY" date for your payment should be no later than the due date the payee has indicated for the payment.
If you schedule a payment with the "SEND ON" date as the current date, you must have sufficient available funds in your account at the time the payment is scheduled. The funds will be deducted shortly after you log out of the session. If you schedule a payment with the "SEND ON" date in the future, there must be sufficient available funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 4:00 pm EST. If the attempted deduction fails because you did not have sufficient available funds in your Designated Account, we will send you an email informing you of this situation. If a second attempted deduction fails, we will cancel the transaction and you will be responsible for rescheduling the bill payment. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the "DELIVER BY" date will be one business day later. If you receive an email because the first attempted deduction was not successful, you should access Bill Pay to determine the date of the second deduction attempt.
In the event we cause an incorrect amount of funds to be removed from your account or direct funds to a payee that do not comply with your instructions, we will return the improperly transferred funds to your account and/or transfer funds to the appropriate payee.
DEFINITION OF A BUSINESS DAY. For the purposes of processing transactions, we define a business day as a day we are open for our normal hours of operation, subject to any recognized federal holidays and weekends. Any Bill Payment submitted after-hours will be processed on the following business day.
PROHIBITED PAYEES
We will not process payments on your behalf to payees meeting any of the following criteria:
- Designated by the Office of Foreign Asset Control as being a prohibited payee
- Having an address outside of the United States (except for APO)
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Tax entities
- Collection agencies
The Credit Union reserves the right to refuse to pay a payee (even if not listed above as a Prohibited Payee) for security or any other reason. If a payment is refused, the Credit Union will promptly notify you.
CANCELLING BILL PAYMENTS. We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action. You may cancel an outstanding bill payment at any time through Bill Pay. Bill payments are considered outstanding until the "SEND ON" date.
You can cancel a "Recurring" transaction by verbal or written notice to us no later than 3 business days before the "SEND ON" date of the transaction by contacting Customer Service at the address or phone number listed in this Agreement. If you call, we may also require you to put your request in writing and provide it to us within fourteen days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream. The Credit Union will only accept a verbal or written notice to stop a Bill Pay non-electronic payment if the notice is received by us in time to act on the order and includes sufficient information for us to identify the payment (i.e. your Credit Union account number, transaction date, dollar amount, payee, etc.). You understand that the exact information is necessary to properly stop the payment. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment. If we fail to cancel or stop any Online Bill Payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
INTERNET EMAIL NOTIFICATIONS. You must keep a current Internet email address on file with us, as we use this to communicate important security events to you regarding your account with us, such as:
- User ID changes
- Internet email address changes (sent to old and new addresses)
- Adding new payees
SERVICE TERMINATION. We may terminate your participation in Bill Pay for any reason, at any time. We will attempt to notify you in advance, but we are not obliged to do so. You may not terminate your participation in Bill Pay if you have outstanding bill payments scheduled. If you have no outstanding bill payments, you can terminate Service participation by contacting our Member Service department at 1-800-242-9790.
SECTION II - MEMBER WARRANTIES AND RESPONSIBILITIES
SECURITY. You represent and warrant that you will keep your User ID, password, and account data confidential. We are entitled to act on transaction instructions received through your User ID and password. Our call center personnel are entitled to act on instructions after they have properly authenticated the caller according to our internal procedures. You represent and warrant that you have considered the security procedures of Bill Pay and find that the security procedures are commercially reasonable for verifying that an online bill payment, is in fact, yours. In reaching this determination, you have considered the size, type and frequency of bill payments that you anticipate issuing to the Credit Union. If, in your judgment, the security procedures are not commercially reasonable, or if the size, type and frequency of your transfers change, and the result is that the security procedures cease to be commercially reasonable, you must inform us within 30 days.
MULTIPLE PARTYACCOUNTS. If any of the accounts that you register under the Bill Pay is a multiple party account, you confirm that the other account holders have consented for you to designate the account(s) for Bill Pay. We will terminate your use of Bill Pay if any other account holder notifies us that (i) they did not consent to your use of the service, (ii) the account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the account.
GENERAL WARRANTIES. You warrant and represent that the information you are providing to us is true, correct and complete. You agree not to impersonate any person or use a name that you are not authorized to use. You agree to promptly update your registration records if your e-mail address or other information changes. You warrant that you will not use the Bill Pay for any purpose that is unlawful or prohibited, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party?s use and enjoyment of the Service.
Section III - PRIVACY AND SECURITY
PRIVACY. You can obtain a full description of our privacy and security policies by clicking on the "Privacy Policy" and "Security Policy" links on the help page for the Service. As is more fully described in the "Security Policy" link, we have multiple levels of security that have been designed especially for us. and all of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. As discussed in more detail in the "Privacy Policy" link, we will not disclose information to third parties about your account or the bill payments you make except in the following circumstances:
- Where it is necessary for completing bill payments;
- In order to comply with government agency or court orders; or
- If you give us your written permission to do so.
SECURITY. You agree to access the service in accordance with all security procedures as implemented by the Credit Union from time to time, in its sole discretion. The security procedures and all passwords, User IDs or other information used to identify you or any authorized user is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of this information. You agree not to disclose or otherwise make this information available to anyone not authorized to sign on your accounts. The Credit Union reserves the right to change or alter security procedures as deemed appropriate.
You agree to promptly review your statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account, member number, personal identification number (PIN) and any other code, password, or other means of identification we may provide to you. These means of identification are intended to provide security against unauthorized entry or access to Bill Pay or your accounts.
All data transferred to and from Bill Pay utilizes encryption technology consistent with industry standards to reasonably protect the security of data transferred and identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other. Except as otherwise required by law, you understand and agree that the Credit Union will not be liable for a breach of security in connection with the Service. We cannot and do not warrant or represent that all data transfers utilizing the Service will not be monitored, intercepted, or read by others.
It is your sole responsibility to assure that your identification numbers, passwords or PINs are not revealed or otherwise made available to persons not authorized to access your accounts. You agree to assume all liability for disclosure of your identification numbers, passwords or PINs to any person(s) or entities, and to assume all responsibility for transactions or other account activity performed by person(s) or entities other than yourself who have obtained your identification numbers and password.
You also agree to immediately notify us by telephone at 800-242-9790, of any unauthorized use of your password, any access or attempted access, transaction or attempted transaction, other account activity or attempted account activity, or any other breach of security.
SECTION V - CREDIT UNION DISCLAIMER OF WARRANTIES, LIMITATION OF CREDIT UNION LIABILITY AND YOUR DUTY OF INDEMNIFICATION.
DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN AS-IS BASIS. THE CREDIT UNION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT IT WILL BE AVAILABLE FOR USE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. THE CREDIT UNION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. THE CREDIT UNION IS RESPONSIBLE ONLY FOR EXERCISING ORDINARY CARE IN MAKING PAYMENTS UPON YOUR AUTHORIZATION AND FOR DELIVERING A PAYMENT TO THE DESIGNATED PAYEE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY LAW, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AMOUNTS PAID BY YOU EQUAL TO ONE MONTH OF THE SERVICE. IN NO EVENT SHALL THE CREDIT UNION 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. THE CREDIT UNION SHALL NOT BE LIABLE FOR UNTIMELY OR FAILED BILL PAYMENTS AS THE RESULT OF YOUR FAILURE TO MAINTAIN SUFFICIENT FUNDS TO COMPLETE THE TRANSACTION, YOUR FAILURE TO ALLOW SUFFICIENT TIME TO MAKE A BILL PAYMENT, YOUR FAILURE TO PROVIDE US WITH ACCURATE PAYEE AND BILLING INFORMATION, SERVICE DOWNTIME, PAYEE MISHANDLING AND.OR ANY OTHER DELAY OF PAYMENT SENT VIA THE SERVICE, INCLUDING DELAYS IN MAIL DELIVERY, CHANGES OF MERCHANT ADDRESS OR ACCOUNT NUMBER, OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL THAT PREVENT COMPLETION OF A TRANSACTION.
INDEMNIFICATION. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the Credit Union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys? fees) caused by or arising from any and all third party claims, disputes or actions, in connection with your use or misuse of the Service.
Agreement
By selecting the "I have read and accept" checkbox and accessing the Service you represent that you have read, fully understand and accept the terms of this Agreement, including but not limited to your intent that it be an addendum to your Membership/Account Agreement and Electronic Funds Transfers Agreement and Disclosures with the Credit Union.