Y-12 Federal Credit Union Mobile Banking Agreement
All terms and conditions applicable to Y-12 Federal Credit Union's service Home Banking apply to Mobile Banking services. A data service plan is not required to use this service; however standard text messaging and data fees from your phone carrier may apply. Y-12 Federal Credit Union does not support your cell phone or tablet device. We are not responsible for any errors, failures or any malfunction of your mobile device, the browser or software. You are responsible for the security and settings of your device. Y-12 Federal Credit Union also is not responsible for any virus or related problems that may be associated with the use of an online system. By clicking accept you agree to these terms and conditions.
Mobile Remote Deposit Agreement
Y-12 Federal Credit Union, a federal credit union, and "Member" as defined below, hereby enter into, as of the date the Credit Union grants access to the Services (the "effective date"), this Mobile Remote Deposit Agreement ("agreement"). The agreement consisting of general terms and conditions, exhibits, and any amendments attached hereto or hereafter implemented by Credit Union, and incorporated by this reference.
Mobile Remote Deposit Capture
General Terms and Conditions Agreement
This agreement establishes the rules that govern the processing of deposited checks through member’s account(s) at the Credit Union using Mobile Remote Deposit. From time to time, the Credit Union may amend any of the terms and conditions contained in this agreement at its sole discretion. Such amendments shall become effective as stated on any notice sent to you, the member. Examples of such notices might include, but are not limited to, newsletters, disclosures, etc. By using the Mobile Remote Deposit, you accept all the terms and conditions of this agreement. Please read it carefully. The terms and conditions of member’s Membership Agreement and the Truth-In-Savings Schedule for member’s deposit accounts and each of member’s loan agreements continue to apply notwithstanding anything to the contrary in this agreement.
Rules, Laws and Regulations
You agree to abide by and comply with all local, state, and federal rules, laws and regulations. These rules include but are not limited to Regulation CC “Expedited Funds Availability Act”, its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act (Check 21 Act). The Bank Secrecy Act (BSA), and laws administered by the United States of America which are in existence as of the date of this agreement and as amended from time to time.
In addition to all the other terms defined herein, the following terms shall have the following meanings:
Services and Funds Availability
- “We”, “Our”, “Us”, and “Credit Union” shall mean Y-12 Federal Credit Union, its employees, directors, officers, representatives, and agents.
- “You”, “Your”, and “Member” shall mean the account holder authorized by Credit Union to use the Mobile Remote Deposit, and any user authorized to exercise control over funds deposited in member’s account through the Mobile Remote Deposit program.
- “Account” or “Accounts” shall mean the individual checking, savings share(s) deposited with Credit Union through the Mobile Remote Deposit program.
- “Check” or “Checks” shall mean negotiable demand draft(s) drawn or payable through an office of a United States based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original check(s) and substitute check(s). Check(s) do not include noncash items payable in a medium other than United States dollars. A draft may be a check even though it is described on its face by another term, such as “money order.”
- “Image item” means digitized image(s) of check(s) that are created by you and transmitted to the Credit Union using the services.
- “Services” means any of the Mobile Remote Deposit functions offered and or used by you in connection with this agreement, including optional and future services added by an addendum.
- “System” means the program that is maintained by the Credit Union, or other third parties, that you connect to through the internet in order to access the services.
- Mobile Remote Deposit may be commonly referred to as Mobile Deposit.
Once approved for the Mobile Remote Deposit program, you may use the services to deposit checks into your account(s) with the Credit Union, subject to the terms of this agreement. Checks deposited through the services will be converted to image items for processing. The services are subject to transaction limitations as set forth in the Membership Agreement and Truth-In-Savings schedule, which govern the use of your account. We are notifying you in advance that deposits made by the Mobile Remote Deposit program do not fall under the standard provisions of Regulation CC – Expedited Funds Availability Act. As such, longer hold periods may apply. The maximum cumulative daily Mobile Remote Deposit is $5,000 and maximum cumulative 30 rolling day limit is $15,000. The maximum number of items allowed per day is 10. Local checks deposited through the Mobile Remote Deposit program will generally be made available based on your account relationship and activity with the Credit Union.
If you have questions about the specific availability of funds for a deposit, review your account information online or contact us to obtain additional information.
The maximum single Mobile Remote Deposit for the WOW! Account is $500.00.
The Credit Union reserves the right to change these deposit limits at any time.
Any credit to your account using Mobile Remote Deposit is provisional. If a check deposited through Mobile Remote Deposit is dishonored, rejected, or otherwise returned as unpaid by the drawee bank, or the item is rejected, or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely. Returned deposit items will incur applicable fees according to the current fee structure.
If a payer financial institution or other third party makes a claim against us or seeks a re-credit with respect to any image item processed, we may provisionally freeze or hold aside a like amount in the applicable account pending investigation and resolution of the claim.
You understand that you must be a Y-12 Federal Credit Union member in good standing, and meet other pre-determined qualifying factors to qualify for the services. To determine if you are eligible for these Services, visit any Credit Union branch or contact the Call Center at 865-482-1043 or 800-482-1043.
To use Mobile Remote Deposit, you must have a compatible mobile device with our system, access to telecommunication services necessary for the Mobile Remote Deposit service. Application upgrades may be required from time-to-time for continued use of the services.
Equipment or System Failure
In the event of a system failure, you agree that, in order to deposit your checks, you must deliver them directly to a Credit Union branch office for processing. If the checks were scanned prior to the system failure, you must obtain our approval before delivering the checks to a branch office for processing.
Hours of Access
Services are generally available 24 hours per day, 7 days per week, although some or all services may not be available occasionally due to emergency or scheduled system maintenance or other interruptions of the system. Transmission deadlines and funds availability terms and conditions apply. We agree to post notice of any extended periods of non-availability on the Mobile Remote Deposit and on Credit Union website.
Transmissions originate from the Credit Union offices in Knoxville, Tennessee. Image item deposits completed through the System before 3:00 p.m. Eastern Standard Time on a business day are posted to member’s account the same day, subject to funds availability. In the event that we receive an image item from you after 3:00 p.m. Eastern Standard Time, or on a day that is not a business day, the Image item is considered as received by us at the opening of the next business day and will be posted by 10:00 a.m. For the Mobile Remote Deposit program a business day is described as Monday through Friday, except for Federal holidays, holidays observed by the State of Tennessee, and holidays observed by the Credit Union. You are responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.
The Credit Union shall be entitled to rely on the apparent authority of any person who accesses the services using valid member and user login IDs and passwords, including such persons who may not be signers on member’s account. Except as otherwise provided by law, you will indemnify the Credit Union and hold it harmless for any loss or expense caused by any person with the apparent authority to access the services. You agree to provide each authorized user a copy of these terms in connection with their use of the services. The Credit Union may elect to verify the authenticity or content of any transmission by placing a call to any authorized signer on your account at our discretion. We may deny your access to the services without prior notice if we are unable to confirm any person's authority to access the services or if we believe such action is necessary for security reasons.
You understand the importance of your role in preventing misuse of your accounts associated with the Mobile Remote Deposit program, and you agree to promptly examine your paper or electronic statement for each of your Credit Union accounts as soon as you receive it and notify us of any errors in accordance with your Account Membership Agreement. You agree to protect the confidentiality of your accounts and account number and passwords. Data transmitted via the services is encrypted in an effort to provide transmission security. Mobile Remote Deposit utilizes identification technology to verify that the sender and receiver, of transmissions related to the services can be appropriately identified by each other. Notwithstanding our efforts to ensure the services are secure, you acknowledge that there is a risk when utilizing the internet. We cannot, and do not, warrant that all data transfers utilizing Mobile Remote Deposit or e-mail transmitted to and from us will not be monitored or read by others. You agree to notify us immediately if you believe any passwords have been lost, stolen, used without your permission, or otherwise compromised. Call us immediately at our Call Center at the number in the contact information section of this agreement.
Use of Services
As a condition to using the services, you agree that you are solely responsible for the use of the Services and that you will use the Services in accordance with this agreement. You agree not to attempt to circumvent the security features of the services or the system or make any improper or unauthorized transfer of funds from accounts via the services or the system. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the system and the services as well as accessing or using the system or the services in any other unauthorized manner. You agree to be liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the services or the system by you or your authorized users.
You are prohibited from using the services for any activity that:
- Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;
- Indicates acceptance of restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or
- Is directly or indirectly related to the use of the services that is illegal or fraudulent.
The credit union may immediately suspend the services or the system or the processing of any check or corresponding electronic image item if we have reason to believe that there has been a breach in the security of the services or system, fraud involving your account(s) or check(s), or any uncertainty as to the authorization or accuracy of electronic image items, including the right to process electronic image items on a collection basis at any time.
Deposit of Original Checks
You agree that no check deposited to the Credit Union shall cause funds to be debited more than once from the account of the maker. You agree that the original check, a duplicate check image, or any copy of the original check or check image will not be deposited by you with the Credit Union (unless we instruct you to do so) or under any circumstances with any other financial institution.
Check Retention Period
You agree that you will preserve the originals of all checks, processed through the services pursuant to this agreement for thirty (30) calendar days after the day of deposit (“Retention Period”). After you receive the “Deposit Successful” message, write “Mobile Deposit” on the check front. The risk of loss due to the unavailability of the original or copy of a check for any reason, during the retention period, shall be exclusively on the member.
Destruction of Original Checks
You will be fully responsible for the destruction of the checks. You agree to use commercially reasonable method(s) to destroy original checks after the required retention period has expired. You agree to destroy and dispose of the original checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. You are required to implement such procedures to ensure that the original checks are not accessed by unauthorized persons during the storage, destruction and disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed (e.g., through the use of competent shredding equipment). The risk of loss associated with the accidental inclusion of a physical check in the check collection process or with a lost, destroyed, stolen or misplaced check shall be exclusively on the member.
Member Representations and Warranties
You represent and warrant that all checks transmitted through the use of the services are made payable to the member, all signatures and endorsements on each check are authentic and authorized, and each check has not been altered.
You agree that you will not use the Service to scan and deposit any items as shown below:
- Checks payable to any person or entity other than you
- Checks prohibited by, or received in violation of, any law, rule, or regulation
- Checks containing alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Checks that have been previously cashed or deposited
- Third party checks
- Checks that are postdated or stale dated
- Checks payable to cash
- Checks drawn on financial institutions that are located outside the United States
- Checks written in pencil
- Savings Bonds
- Traveler’s Checks
- Money Orders
- Checks written off of any account that you own or are a signor on
- Checks that are drawn or otherwise issued by the U.S. Treasury Department
Checks that you attempt to deposit using Mobile Deposit are subject to verification by us. We may reject an item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting one of our branches.
Endorsement of Checks
You agree to properly endorse each check prior to submitting such check through the use of the services. Your endorsement must include your signature and “FOR MOBILE DEPOSIT ONLY AT Y12FCU.” Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees, without an indication as to whether it is made out to both or to either, must be endorsed by both payees. If the check is payable to you OR your joint owner, either of you can endorse it. If the check is made payable to you AND your joint owner, both of you must endorse the check.
You are responsible for inspecting and verifying the quality of the images associated with image items, thus ensuring that the digitized images of the front and back of original checks are legible for all posting and clearing purposes by the Credit Union. Specifically, you are representing and warranting to Credit Union that:
a. The image item is an accurate representation of all information on the front and back of the original check at the time the original check was converted to an image item, and the image item contains all endorsements from the original check necessary to permit Credit Union to:
- Acquire rights of a holder in due course in the collection process of checks and other items;
- Handle, process, maintain and destroy original checks; and
- Ensure that neither Credit Union or any other financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for a check or image item more than once in any form.
b. Each image item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a check) information required for a substitute check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by Check 21 and Regulation CC for the creation and/or transferring of a substitute check created from that Image item.
Once an image item is captured, the system will display captured encoded fields for your review. You will be required to make corrections to encoding not read or missing from the scanned check, including entering the legal amount of the check. We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are to correct mistakes in the value of image items deposited, mistakes in encoding, or for missing or illegible image items.
We are permitted to terminate or suspend any or all of the services immediately should you breach any part of this agreement, or of the membership agreement. We are also permitted to terminate any or all of the services immediately if we are no longer able to provide such services.
You acknowledge that we will disclose information to third parties about your account or the image items you deposit:
- To enable Your access to the services and the system,
- When it is necessary for completing deposits, and
- As required by law.
NOTE: Items deposited using Mobile Remote Deposit are subject to our verification and final inspection process. We may at any time deposit an image item or return all or part of a deposit of multiple image items to you without prior notice. We are under no obligation to inspect or verify any image item to determine accuracy, legibility or quality of the image item or MICR line information associated with the image item, or for any other purpose. However, we may correct or amend MICR line information associated with an image item to facilitate processing of the image item or a substitute check created from that image item. We may process and collect an image item or a substitute image item through one or more check clearing houses, Federal Reserve Banks, or other private clearing agreements with other financial institutions. We may hold and use funds in any deposit account of yours following termination of this Agreement and the services for such time as we reasonably determine to be necessary for us to be assured that no image item processed by us prior to termination may be returned, charged back, or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which the Credit Union may be responsible, with such right being in addition to any other rights we may have with respect to your accounts. Without limitation, you recognize that under the Rules, the UCC, Regulation CC and the rules of any image exchange network, our representations and warranties to others with regards to image items and substitute checks may expose the Credit Union to claims for several years following processing of any particular image item or substitute check.
Notifications required by this agreement are to be directed to us at the address or phone numbers listed below.
Y-12 Federal Credit Union
Disclaimer of Warranty and Limitation of Liability
PO Box 2512
Oak Ridge, TN 37831-2512
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Mobile Remote Deposit Services provided to you under this agreement. We do not and cannot warrant that Services will operate without errors, or that any or all services will be available and operational at all times. Except as specifically provided in this agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this and or by reason of your use of or access to Mobile Remote Deposit Services. The Credit Union shall be responsible only for performing the services expressly provided for in this agreement and shall be liable only for its negligence in performing those services. The Credit Union shall not be responsible for the member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney's fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the member, or any other person described in this paragraph. In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which the member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this agreement by the member, the Credit Union shall have all rights and remedies available at law or in equity.
You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Tennessee, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Tennessee.
If any provision of this agreement is held to be illegal, invalid or unenforceable under present or future laws, the remaining provisions shall remain in full force and effect.
Your use of the services constitutes your acceptance of this agreement. The credit union reserves the right to change the terms for the services described in this agreement by notifying you of such change by email and we may amend, modify, add to, or delete from this agreement from time to time. Your continued use of the services after notification will indicate your acceptance.
MY MONEY MANAGER AGREEMENT AND DISCLOSURE
Use of My Money Manager indicates acceptance of terms and conditions set forth in the Membership agreement and conditions set forth in this My Money Manager Agreement and Disclosure ("Agreement") as each may be jointly and/or independently amended from time to time. This Agreement governs the use of the personal finance management tool described herein as My Money Manager, (or the “Service”), which is offered by and through Y-12 Federal Credit Union (“Y-12 FCU”, “we”, “us”, or “our”), to each member or business whose application (the "Application") for the Service is approved. Each reference in this Agreement to "you" or "your" means each member who submits the Application for the Service (and refers to all such members jointly and severally).
With our fully interactive online service, you may monitor any of your financial account relationships from any of your accounts at Y-12 Federal Credit Union or from any other account held by you at another financial institution, referred to in this agreement as “Accounts,” assuming that the financial institution has the ability to and permits you to release your financial information to My Money manager and Y-12 Federal Credit Union. Please review this Agreement carefully and keep a copy for your records.
Y-12 Federal Credit Union reserves the right, in its sole discretion, to determine if you are eligible and approved for the Service. If you are approved for the Service, we shall verify the Accounts that you add to the Service. You authorize us to validate the Accounts. Once the validation is complete, we may also verify Accounts by requiring you to submit proof of ownership of the Account.
INTRODUCTION: My Money Manager is the personal financial management tool that Y-12 FCU makes available through Geezeo.com. My Money Manager includes analyzing your personal finances through the Account information you provide, and the impact of various strategies on them. Y-12 Federal Credit Union may make offers that may benefit you based on information obtained from your Accounts.
INFORMATION AUTHORIZATION: We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or financial institutions holding your Accounts, are not using My Money Manager in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering”.
By submitting content, you represent that you have the right to grant such content authorization to us for the purposes set forth in this Agreement.
ACCOUNTS: You understand and agree that, at all times, your relationship with each Account provider is independent of us and your use of the Service. We will not be liable or responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE COLLECTING INFORMATION RELATED TO MY MONEY MANAGER FROM ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION GRANTED BY YOU.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (3) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; or (4) THE ACTIONS OR INACTION OF ANY OTHER FINANCIAL INSTITUTION OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of Accounts are eligible for the Service. Be sure to check with your financial institution for restrictions regarding your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other Account types. We are not responsible for any costs or losses incurred from the provider of your Account or those imposed by applicable law.
ELECTRONIC COMMUNICATIONS: A. General Consent: My Money Manager is an electronic, Internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:
• This Agreement and any amendments, modifications or supplements to it.
• Your records of funds transfers and other transactions through My Money Manager, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with My Money Manager, including without limitation those required by federal or state law.
• Any Member Service communications, including without limitation communications with respect to claims of error or unauthorized use of My Money Manager.
• Any other communication related to My Money Manager.
You agree to notify us if your email and/or address changes. You may do so by calling or coming to the credit union.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format are considered to be in writing. You should print or save a copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
AUTHORIZATION AND LIMITATIONS: You authorize us to access your personal financial information for each Account you request Y-12 FCU to include in My Money Manager.
SUSPENSION AND REINSTATEMENT OF MY MONEY MANAGER: In the event that we at any time incur a problem with your use of My Money Manager, including, without limitation, attempting to include Accounts you are not authorized to access, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate your right to use My Money Manager, Online Banking, and any other services available through Online Banking, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement by contacting us using any of the methods provided for under the Agreement. We reserve the right to, at our discretion, grant or deny reinstatement. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate service subject to other restrictions than otherwise might be available to you. Based upon your subsequent usage of the My Money Tracker, we at our sole discretion may thereafter restore your ability to use the Service.
YOUR RESPONSIBILITY FOR ERRORS: You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. You understand that financial institutions receiving your request for the release of information may rely on such request through My Money Manager. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation.
You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree Y-12 Federal Credit Union shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities, or misinformation in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
PROPRIETARY RIGHTS: You are permitted to use My Money Manager only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile My Money Manager.
NO UNLAWFUL OR PROHIBITED USE: As a condition of using My Money Manager, you will not use the Service for any purpose that is unlawful or is not permitted, 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 My Money Manager in any manner that could damage, disable, overburden or impair the Service or interfere with any other party's use and enjoyment of My Money Manager. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through My Money Manager. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
SECURITY PROCEDURES: You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Account.
DEVIATING FROM SECURITY PROCEDURES: You agree to allow us to authorize any financial institution at which you have an Account to accept instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to release your Account information based solely on these communications.
ACCOUNT NUMBER POLICY: If instructions identify a financial institution or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers.
JOINT ACCOUNT HOLDER: In submitting your application for My Money Manager, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for My Money Manager. We will end your use of My Money Manager if any joint account holder notifies us that (i) they never consented to your use of My Money Manager, (ii) the joint account can no longer be operated on your instructions alone or (iii) they are withdrawing consent for you to operate the joint account.
MEANS OF TRANSFER: You authorize us to select any means we deem suitable to provide your instructions to the applicable financial institution. These choices include banking channels, electronic means, mail, courier, or telecommunications services, intermediary financial institutions and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, such as the Clearing House Interbank Payments System (CHIPS) or automated clearing house (ACH) as published by the National Automated Clearing House Association (NACHA).
OUR LIABILITY: If we fail to provide My Money Manager in accordance with the terms and conditions of this Agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed, or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no event be liable for any losses, fees, overdraft charges or damages other than those arising from our breach of a representation or warranty provided herein.
You agree that your use of My Money Manager constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if you suffer a loss based on the accuracy of information provided to you through My Money Manager. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond such party's reasonable control and without its negligent or willful misconduct, including without limitation acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, governmental acts, orders or regulations, third party nonperformance, or failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment.
LIMITATION OF WARRANTY AND LIABILITY: YOU UNDERSTAND AND AGREE THAT MY MONEY MANAGER IS PROVIDED AS-IS AND AS -AVAILABLE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MY MONEY MANAGER IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MY MONEY MANAGER, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS, OR THAT MY MONEY MANAGER WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE MY MONEY MANAGER, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON MY MONEY MANAGER, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Y-12 Federal Credit Union, our affiliates, partners, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising directly or indirectly from: (a) your use of My Money Manager; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement; (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via Y-12 Federal Credit Union’s online banking service (Online Banking) or My Money Manager; and/or (e) your infringement, or infringement by any other user of your Account(s) at our web site, of any intellectual property or other right of any person or entity.
MISCELLANEOUS: You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability, and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions.
Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding My Money Manager. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using My Money Manager following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via email, conventional mail, or messages delivered through the secure Communications Center inside Online Banking, at our discretion. Regardless of your receipt of email notification, you agree that our posting of the Amendment on Online Banking constitutes delivery of your amendment notice. All notices to us must be made in writing and sent to us at Y-12 Federal Credit Union via registered or certified mail.
We may assign this Agreement to any affiliate, parent, or other company. We may also assign or delegate certain of the rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.
You may not assign any of your rights under this Agreement, except with the prior written consent of Y-12 Federal Credit Union. You are prohibited from any and all assignments of rights under this agreement, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. You may not delegate any performance under this Agreement. Your purported assignment or delegation of any rights of performance are in violation of this agreement and void.
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change in writing or electronically, and, at our option, by sending notification to the email address recorded during your Online Banking enrollment. You may choose to accept or decline amendments, cancellations, or changes by continuing or discontinuing services to which these changes relate, at your option. Regardless of your receipt of email notification, you agree that our posting of the Amendment on Online Banking constitutes delivery of your amendment notice. We also reserve the option, in our business judgment, to waive, reduce, or reverse charges or fees in individual situations.
VIRUS PROTECTION: Y-12 Federal Credit Union is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their computer and removable storage devices using a reliable virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. This Agreement shall take effect immediately upon the acceptance of your application for My Money Manager by us.
THIRD-PARTY BENEFICIARIES: This Agreement is for the sole and exclusive benefit of members and is not intended to benefit any third party. You and Y-12 FCU acknowledge and agree that any party that licenses the Software to Y-12 FCU, directly or indirectly through one or more sublicenses, is a third party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.
ENTIRE AGREEMENT: This Agreement, any Exhibits and schedules to this Agreement (as may be added and amended from time to time), constitutes the entire Agreement between you and Y-12 Federal Credit Union with respect to the subject matter thereof, supersedes any prior agreements between you and Y-12 Federal Credit Union with respect to the subject matter hereof, and shall be binding upon you, the credit union, and each of their respective successors and permissible assigns. In the event of any inconsistency between this Agreement and the Membership Agreement and Disclosures or the Electronic Service Agreement and Disclosure, this Agreement will govern.