ONLINE SERVICE AGREEMENT
This REALTORS® Federal Credit Union, A Division of Northwest Federal Credit Union (“REALTORS® FCU, A Division of Northwest Federal Credit Union”) Online Agreement
covers the use of the REALTORS® FCU, A Division of Northwest Federal Credit Union’s Online Banking
service. By using Online Banking, you agree to the terms of this
Agreement. Please read this Agreement carefully and print a copy for
your records. Each of your accounts at REALTORS® FCU, A Division of Northwest Federal Credit Union is also governed
by the Member and Account Disclosure, Truth in Savings Disclosure,
Electronic Fund Transfers Disclosure and other account disclosures that
you received when you opened your membership account. As used in this
Agreement “you” or “your” refers to the person(s) subscribing to or
using the Service (including without limitation others you permit to
use the Service). “Credit Union”, “we”, “us” or “our” refers to
REALTORS® FCU, A Division of Northwest Federal Credit Union and any agent, independent contractor, designee, or
assignee REALTORS® FCU, A Division of Northwest Federal Credit Union may, in our sole discretion, involve in the
provision of the Service. The first time you access your accounts
through Online Banking confirms your receipt and understanding of
this Agreement.
AGREEMENT
This Agreement
constitutes the agreement between
you and us related to the Service and supplements any other agreement
or disclosure related to any of your Accounts. In the event of a
conflict between this Agreement and any other agreement or disclosure
related to any of your Accounts, any statement by our employees or
agents, or any representation or statement relating to or set forth in
the Software, as to matters relating to the Service, this Agreement
will control. In addition to this Agreement you agree to be bound by
and will comply with the requirements of the applicable Account
Disclosure Statement, the Credit Union’s rules and regulations, the
rules and regulations of any funds transfer system to which the credit
union belongs, and applicable state and federal laws and regulations.
ONLINE BANKING SETUP
Setting
up Online Banking requires your member name, your personally selected password and
an extra layer of security involving a multi-factor authentication
process. Upon completing these steps, you will be provided the
opportunity for the validation questions feature to recognize the
computer you are using. If you select to have the computer recognized,
a cookie will be placed on that computer, which will allow you to
bypass the enhanced security validation questions upon subsequent
logins with that computer. If you select to not have the computer
recognized, you will be prompted to respond to the three questions each
time you log into Online Banking.
If you have forgotten your username, password or are locked
out of my Online Banking, you can use the online “Forgot my
Password” feature or telephone us at 866.295.6038 and speak with a
credit union representative. The representative will provide you with a
new temporary password that you may use to log into Online Banking
and then create a new password and reinstate your validation questions.
CANCELLATION
If you do not
access the Online Banking service for a period of 12 consecutive months, your access
privileges will be canceled. You can reinstate these privileges simply
by calling us at 866.295.6038.
TERMINATION
The credit union reserves the right to terminate this Online Service
Agreement and your access to Online Banking through REALTORS® FCU, A Division of Northwest Federal Credit Union,
in whole or in part, at any time.
ASSIGNMENT
REALTORS® FCU, A Division of Northwest Federal Credit Union
may assign its rights and
responsibilities under this Online Service Agreement to independent
contractors or other third parties.
NO UNILATERAL ALTERATIONS TO DISCLOSURES AND AGREEMENTS BY YOU
This
Agreement may not in any way be altered by you without our express
written agreement. Any attempt by you to alter this Agreement without
our express written agreement will be void and will have no legal
effect. You hereby agree to indemnify and hold us harmless from and
against any and all claims, losses, liabilities, penalties, expenses
and any or other damages (including without limitation reasonable
attorney’s fees) directly or indirectly resulting from, relating to or
arising in connection with any successful or unsuccessful attempt by
you to alter this Agreement without our express written agreement.
AMENDMENTS/ CHANGE OF TERMS
REALTORS®
FCU may, from time
to time, introduce new online financial services. We will update this
Online Service Agreement to notify you of the existence of these new
services. By using these services when they become available, you agree
to be bound by the rules contained in our updated Online Service
Agreement. The credit union reserves the right to amend, modify,
revoke, or cancel the terms of this Agreement or any Transaction
services contemplated herein. If notification is required by law,
notice will be emailed to you at the email address shown on the credit
union’s records or a written notice will be mailed to the address shown
on our records if you have opted out of electronic notices. It is the
obligation of each member to update any new email addresses. Any
revised, amended, or modified conditions, rules, regulations shall be
effective at the earliest date allowed by law. Prior notice may not be
given if an immediate change is necessary to protect the security of
your account or the electronic transfer systems. Use of this Service is
subject to existing regulations and any future changes in those
regulations. If you do not agree to the change or amendment, you must
notify us prior to the effective date of the change or amendment and
cancel your access to the Service. By using the Service after the
effective date of any change or amendment, you agree to that change or
amendment.
NOTICE OF YOUR RIGHTS AND LIABILITIES
Except
as otherwise
provided in this Agreement, in the disclosures provided in the Member
and Account Disclosure, Truth in Savings Disclosure, Electronic Fund
Transfers Disclosure and other account disclosures that you received
when you opened your membership account or by law, you hereby expressly
release and discharge us so that we are not responsible for any loss,
injury, or damage, whether direct, indirect, special, or consequential,
economic or otherwise, caused by the Service or use of the Service. We
are not responsible for any products or services relating to your
personal computer, other than those specified in this Agreement. We
also are not responsible for any damage to your personal computer,
modem, telephone or other property resulting from your use of the
Service. Without limiting the generality of the foregoing, we are not
responsible for any loss, damage or injury resulting from (a) an
interruption in your electrical power or telephone service; (b) the
disconnecting of your telephone service by your local telephone company
or from deficiencies in your line quality; or (c) any defect or
malfunction of your home computer, modem, or telephone service.
CHANGES TO CHARGES, FEES, OR OTHER
TERMS
We reserve the
right to change the charges, fees or other terms described in this
Online Services Agreement. When changes are made to any fees, charges,
or other material terms we will update this Online Service Agreement
and either send you an email notice to the email address shown on our
records or a written notice to the address shown on our records if you
have opted out of electronic notices. The notice will be posted or sent
at least thirty (30) days in advance of the effective date of any
additional fees for online transactions, or of any stricter limits on
the type, amount or frequency of transactions or any increase in your
responsibility for unauthorized transactions, unless an immediate
change is necessary to maintain the security of the system. If such a
change is made, and it can be disclosed without jeopardizing the
security of the system, we will provide you with an electronic or
written notice (if you have opted out of electronic notices) within
thirty (30) days after the change. As always, you may choose to accept
or decline changes by continuing or discontinuing the accounts or
services to which these changes relate. We also reserve the option, in
our business judgment, to waive, reduce or reverse charges or fees in
individual situations. Changes to fees applicable to specific accounts
are governed by the applicable Account Disclosure Statement.
USER AGREEMENT FOR ALERTS and STATEMENTS
The following provisions constitute a supplement
to the Member
and Account Disclosure, Truth in Savings Disclosure, Electronic Fund
Transfers Disclosure and other account disclosures that you received
when you opened your membership account provided by and between
REALTORS® FCU, A Division of Northwest Federal Credit Union (“we”. “our”, “us”, and “credit union”) and you, the
member/ owner (s) of the account (collectively “I”, “you”, “our”, “us”
and “me”), concerning electronic delivery of statements, status
information, and notices/ disclosures concerning accounts maintained by
you with us. The terms and conditions of these disclosoures are
incorporated herein by this reference. To the extent there is any
conflict between the provisions of this User Agreement and the terms of
the Member and Account Disclosure, Truth in Savings Disclosure,
Electronic Fund Transfers Disclosure and other account disclosures that
you received when you opened your membership account, the terms of this
User Agreement will control. This User Agreement describes the terms
and conditions applicable to your use of the services provided herein.
If you do not agree to the term and conditions of this User Agreement,
do not use and/or access these services
ALERTS
You will receive Alerts to a valid email
address. These Alerts will not replace any notification otherwise
required by law, regulation or any agreement you may have with the
credit union. The Alerts service represents an additional level of
communication by the credit union to further improve member service.
There is no additional charge for this service. I/we agree to hold the
credit union completely harmless from any claim and liability
whatsoever with respect to any and all instances where I, through Alerts, fail to provide one or more notices to you.
Types of Alerts include:
- Balance
Alerts – Receive
notification when you have a low account balance or excess funds you
might want to move to a higher yield investment, such as our
certificates;
- Transaction Alerts – Receive notification when your payroll is
deposited, a check clears, or to monitor a variety of account
activities (debits/credits/ATM);
- New Secure Message – Receive notifications when Online Banking
has sent you a secure message. This includes important bill pay
information and other secure communications;
- Statements Notification – Receive notifications when you have
an electronic statement available for viewing within Online Banking;
and
- Credit Union Defined Alerts – Known as “critical
updates” will provide
important credit union information (i.e. system maintenance, fraud
alerts, a change to business hours).
Note: Critical updates are sent regardless of Alert options
selected by the member.
ELECTION AND AUTHORIZATION FOR
ELECTRONIC DELIVERY
By executing this User Agreement, you authorize us, at our discretion,
to electronically deliver your account statement(s) and
notices/disclosures we are required to provide to you under applicable
Federal and/or State statutes and all applicable regulations, as
amended from time to time, either in existence or as may be enacted
after the date of this Agreement, including, but not necessarily
limited to the following:
- Truth in Lending Act
- Truth in Savings Act
- Fair Credit Reporting Act
- Electronic Funds Transfer Act
- Home Mortgage Disclosure Act
- Fair Housing Act
- Equal Credit Opportunity Act
Other Federal
and State statutes may be enacted or amended in the
future that provide for electronic delivery of account statements and
notices. Your execution of this User Agreement also authorizes us, at
our discretion, to provide electronic delivery of such statements and
notices pursuant to these statutes after they become effective. You
agree, unless you opt out of receiving electronic statements and
disclosures/notices, that all required notices regarding your accounts
may, at our sole and absolute discretion, be provided to you
exclusively on an electronic basis. If there is more than one person
that is an owner of the account, notice to any one party will be
effective for all, unless otherwise required by law.
By executing this User Agreement you elect and authorize us,
at our discretion, to electronically provide you with such Alerts
services as may be made available to you from time to time. For
example, these “alerts” may include information as to when your account
balance goes above or below a member-specified level, an approaching
loan payment due date, an approaching maturity of a share certificate,
receipt of a payroll deposit, Automated Clearing House (ACH)
transaction, and when a specific check(s) debits your account.
SECURITY MEASURES
We will use commercially reasonable measures, consistent with industry
standards, to maintain a level of security over the information
contained in the electronically delivered account statement(s),
notices/disclosures, and alerts.
Our security consists of SSL 128-bit encryption of the data on the Statements to protect it while in transit over the Internet. Subject
to the paragraph entitled “Disclaimer of Warranty” below, once you
receive and open Statements it is decrypted, by use of a software
program we will provide to you, until you exit the Statements, when it
is
once again encrypted and password protected.
You understand that these industry standards are dynamic and constantly
developing. By executing this User Agreement, you acknowledge and
understand that there are risks to electronic delivery of account
statements, notices/disclosures, and alerts, including, but not limited
to, delay or failure of delivery due to technical difficulties, weather
conditions (including but not limited to sun spots), matters beyond our
reasonable control or interception and/or alteration of the account
statement or notices by third parties in spite of the credit union’s
commercially reasonable security measures. By executing this User
Agreement, you represent that you have considered the historical and
potential future content of your account information and our security
procedures. If you conclude that our security procedures cease to be
commercially reasonable in the future, you may terminate this User
Agreement in accordance with the paragraph entitled “Termination and
Amendment” below.
YOUR COMPUTER SPECIFICATIONS
In
order to receive the Statements and Alerts services,
your computer hardware, software and your Internet service provider
(“ISP”) must meet the following conditions:
- Windows - At
a minimum, you will need Windows XP and Microsoft Internet
Explorer 7.0
- Macintosh - OSX 10.5 and either Safari 3.2.1 or
Firefox 3.0.4
Pop-up block software installed on your
computer may prevent your
eStatement from displaying. Refer to your computer help files on how to
disable your pop-up blocker or allow pop-ups for a specific website. In
addition, several Internet Service Providers (ISP) use spam blocking
technology. You understand that it is your responsibility to maintain
proper equipment/software that will enable you to view, print, and save
these statements or notices for your records.
EMAIL ADDRESS
We will send your Alerts, periodic account statement(s) notices, and
notices/disclosures to you via-email to the last known email address
provided and verified by you. You agree to notify us promptly of any
change in your email address by uploading it within online banking or
by calling our toll free number 866.295.6038. You further agree any
notice to us pursuant to this User Agreement is effective only upon
receipt by us of said notice. If you have not notified us via online
banking or via telephone of any change to your email address, you agree
we will not be liable for any damages or claims due to your failure to
provide us with a valid email address. If we are made aware you are not
receiving your periodic statement(s) and notices/disclosures, we will
make reasonable attempts to redeliver the notices and statements, and,
if that is not successful, we will send your statements and notices to
you via the U.S. Postal Service to your address on our records.
If you have a joint account, your email address may be changed using
the procedure described above only by an authorized party to your
account. The credit union will have no obligation or liability to any
of the parties to a multi-party (joint) account if the email address is
changed using the procedures set forth above.
PROMPT REVIEW OF STATEMENTS
Your Statements,
notices/disclosures and Alerts will be dated the day the information
or notification is sent to you via email (the “Email Date”). You must
promptly review your statement and any accompanying items and
immediately notify us by email or via telephone (within the applicable
time periods specified in the Electronic Fund Transfers Disclosure or
any federal/state law) of any error, unauthorized signature, lack of
signature, alteration or other irregularity. If you allow someone other
than yourself to review your statements, you are still responsible for
reviewing the statement for any errors, unauthorized signatures, lack
of signatures, alterations or other irregularities as you are
responsible for the wrongful acts of your employees, agents, and any
other such third persons. Any applicable time periods within which you
must notify us of any errors on your account statement(s) or any other
information which is provided to you electronically will begin on the
Email Date regardless of when you receive and/or open the statement.
ACCESS TO STATEMENTS
You
agree that the credit union has
no control as to the persons who have access to your personal computer
and your password once it is in your possession. The credit union will
not be liable for any unauthorized access to your personal computer
using your password. You agree that it is your responsibility to
initiate and maintain adequate procedures to prevent any unauthorized
access to your personal computer or unauthorized use of your password.
You will be notified within five (5) business days of the statement
cycle closing date when your latest statement will be available for
approximately 18 months, on line, prior to being purged.
DISCLAIMER OF WARRANTY
We
make no warranties of any kind
with respect to the software program used to access the services
addressed in this User Agreement, and we do not warrant that the
software program or these services will meet your specific
requirements. We make no warranties of any kind, whether express or
implied, with respect to the use and adequacy of the software program
or the services we provide under this Agreement. We disclaim any and
all implied warranties, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose.
NOTICE OF UNAUTHORIZED ACCESS
If
you believe someone has
obtained access to your Statements without your permission, call us
immediately toll-free at 866.295.6038.
LIABILITY AND INDEMNIFICATION
Notwithstanding
any
provision to the contrary contained in this User Agreement, we will be
responsible only for performing the services as expressly provided for
in this Agreement. We will be liable only for material losses, which
are the direct result of our own gross negligence or intentional
misconduct in performing these services. We will have no liability for
failure to perform any services or for any disruption or delay in
performing services in the event such failure, disruption or delay is
due to circumstances beyond our reasonable control, including, but not
limited to, failure or disruption of electric power, computer
equipment, telecommunications systems, your Internet Service Provider
(ISP), or weather conditions. We will have no liability for any
consequential, special, punitive damages or indirect loss under any
circumstances. Except to the extent that we are liable under this
Agreement, you agree to indemnify and hold us and our directors,
officers, employees and agents harmless from all claims, demands,
judgments and expenses (including reasonable attorneys’ fees) arising
out of or in any way connected with the performance of these services.
You agree that this indemnification will survive the termination of
this Agreement.
TERMINATION AND AMENDMENT
This
Agreement will remain in
full force and effect until it is terminated by either party upon
thirty (30) days prior electronic or written notice to the other party.
You may discontinue Statements and/or Alerts at any time and begin
receiving paper statements by calling us at 866.295.6038.
Cancellation requests are effective within one business day. A monthly
maintenance fee will begin to be assessed to your checking account when
you cancel Statements. Refer to the current Fee Schedule for the
applicable fee. We also have the right to terminate this Agreement
immediately, with or without cause, or if you fail to comply with the
terms of this User Agreement or any other agreement that you may have
with us or any applicable law, rule or regulation that may govern your
account(s), including the terms of the Account Agreement. If we
terminate this Agreement for any of these reasons, the termination will
be effective on the effective date specified in the notice emailed to
you, and not on the date when the notice is emailed or received. We may
amend/modify this User Agreement at any time for any reason, by sending
electronic or written notice of the amendment/modification within
thirty (30) days of the effective date of the amendment/modification.
The date of the notice is the date the notice is sent to you (the Email
Date), regardless of when you receive and/or open the notice. No waiver
by either party of any provision of this Agreement will be deemed a
waiver of any other provision hereof or of any subsequent breach by
such party of the same or any other provision.
GOVERNING LAW/ JURISDICTION/
SEVERABILITY
This Agreement
will be governed by and construed under the laws of the State of
Maryland. All actions, suits or proceedings to enforce or interpret the
terms of this Agreement will be brought and prosecuted in a court of
competent jurisdiction in Montgomery County, Maryland.
