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ONLINE BANKING USER AGREEMENT
Credit Union of Texas (“CUTX”, “We”, “Us”, or “Our" regardless of case) and the Credit Union of Texas member (“Member”, “You”, or “Your” regardless of case or plurality) who accepts the Terms and Conditions of this Online Banking User Agreement (“Agreement”) by registering for, and using the Online Banking Service (“Service”), hereby agree to these requirements in their entirety:
1. ACCOUNT OWNERSHIP
Any person with ownership rights to an account, including but not limited to joint ownership, may register and use any or all features of the Service. A transaction initiated by any owner of the account using the Service is considered an authorized transaction, and except as provided in this Agreement, CUTX shall not be liable to you for such transactions. All
persons with ownership rights to an account are responsible for access to and use of the Service.
2. USER ACCOUNT PROFILE
You agree it is your sole responsibility to ensure the contact information within your Online Banking account user profile is current, complete and accurate, including but not limited to your name, address, phone numbers, and e-mail addresses. Changes can be made either by using the Service or
by calling the Member Service Center at (800) 314-3828.
3. ACCOUNT AND OTHER ELIGIBILITY REQUIREMENTS
The Service is for consumer use only. To register for the Service, you must be a current, active member of CUTX, and your account must not be dormant, closed or otherwise restricted. By entering into this Agreement as evidenced by your registration and use of the Service, you agree to properly maintain your accounts, observe and comply with all account agreements and disclosures that govern your accounts, and pay all fees associated with your accounts. All transactions initiated through the Service are subject to the terms set forth herein and within the specific deposit and loan account agreements and disclosures, including, but not limited to, current service charges/fees schedule. The Service is offered to residents of the United States only who can form legally binding contracts under applicable Federal and
State law. Without limiting the foregoing, the Service is not to available to members under the age of 18, and such members agree not to use the Service. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
4. CONTACT US
You may contact CUTX by calling the Member Service Center at (800) 314-3828. The
Member Service Center is available Monday through Friday from 9:00 a.m. to 5:15 p.m. CST.
CUTX is closed on all federal holidays and the day after Thanksgiving. However, the day after Thanksgiving is a processing day for Services under this Agreement. To email us, please register for a “Secure Email”. For correspondence, please send mail to Credit
Union of Texas; P.O. Box 517028; Dallas TX 75251-7028. Telephoning us is the best way to notify us of an unauthorized transaction.
5. PROCESSING DAYS AND TIMEFRAMES
A Business Day is from 9:00 a.m. to 5:15 p.m. Monday through Friday. A non-Business Day is Saturday, Sunday, and all federal holidays. CUTX processes transactions scheduled through the Service each Business Day. Each transaction you schedule by the cut-off time on any given Business Day will be processed on the same Business Day. The cut-off time is 3:00 p.m. on a Business Day. You understand and agree that CUTX reserves the right in our sole and absolute discretion to change the processing cut-off time without prior notice to you. A transaction you schedule on a Business Day by the cut-off time is reflected in your transaction history on the next Business Day. A transaction you schedule on a Business Day after the cut-off time or on a non-Business Day will be reflected in your transaction history on the second Business Day. A transaction you schedule that is not yet reflected in your transaction history may affect your available balance. Further, the transaction amount may appear in the available balance fields within the Service.
6. SYSTEM AVAILABILITY
You may access your account information through the Service 24 hours a day, 7 days a week, except during scheduled maintenance timeframes or in the event of service interruptions beyond the control of CUTX. CUTX will use reasonable efforts to provide or restore the Service in a prompt manner, but makes no guarantee that the Service shall be without temporary failure. In the event of Service failure, you agree that you are responsible for carrying out your business through alternative delivery channels. Transactional information available to you through the Service is provided for your convenience and you shall have no recourse against CUTX as to your use of such information. The foregoing shall constitute the entire liability of CUTX and your exclusive remedy. In no event shall CUTX 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.
We will disclose information to third parties about your account or the transaction you affect:
1. As necessary to complete the transaction;
2. To verify the existence of sufficient funds to cover any specific transaction upon the request
of a third party;
2. To comply with government agency or court orders; or
3. If you give us your written permission.
8. FEES AND CHARGES
Most of the features and transactions initiated through the Service are free of charge to you. For a list of fees and charges, please refer to the current Credit Union Fee Schedule. From time to time, the Credit Union Fee Schedule may change at the sole discretion of CUTX.
9. EQUIPMENT AND INTERNET
In order to use the Service, you will need access to a personal computer or mobile device and the Internet. You are responsible for the installation, maintenance, and operation of any software or hardware that is required to use the personal computer or mobile device. All costs to access the Service are your sole responsibility. Further, CUTX is not responsible for errors or failures involving any telephone or cable service, Internet Service, or software/hardware.
10. SECURITY PROCEDURE
CUTX will use commercially reasonable security technology (128-bit encryption) that will encrypt data transmitted to us from or through an unsecured network. You agree and acknowledge that the purpose of the Security Procedure within this Agreement is for verification of data authenticity and will not be used to detect an error in the transmission or the content of a transaction. Further, no Security Procedure for the detection of such errors has been agreed upon between the Credit Union and you. By using the Service, you agree that our Security Procedure is commercially reasonable.
You understand and agree that you are strictly responsible for establishing and maintaining security procedures that safeguard against the transmission of an unauthorized or inaccurate transaction by you, from your computer or mobile device, or on your behalf. Further, you understand and agree that you are solely responsible for ensuring that your passwords and any other security devices with CUTX are kept confidential. You warrant that no individual will be allowed to initiate a transaction on your behalf without proper supervision and safeguards. You understand and agree that you are solely responsible for ensuring that your personal computer(s) and mobile device is protected by anti-virus, anti-malware, and anti-spyware software. Further, you understand and agree that you are solely responsible for being up-to-date on the risks of downloading data received by way of email, pop-up messaging, and/or the Internet.
Each time you log in to the Service, a display will show the last time you logged in to the Service as well as the IP address of the log in location. You and each joint owner agree to these best practices:
1. Never leave your personal computer or mobile device unattended while using the Service.
2. Never leave your account information displayed where it can be viewed by others.
3. Always exit the system by logging out when not in use.
4. Notify the Member Service Center at (800) 314-3828 AT ONCE if you suspect unauthorized access.
11. USER IDENTIFICATION (ID) AND PASSWORD
You acknowledge that CUTX, and any person acting on behalf of CUTX, will never request that
you or a joint owner disclose your password or a security procedure. Further, you and each joint owner agree that you will not disclose any password or security procedure which pertains to the Service. Your user ID and password identify and authenticate you to CUTX when you use the Service. You will be required to establish a user identification (user ID) and password during the registration process of your first online banking session. You are only able to obtain a user ID if you have an existing account with CUTX that meets the account requirements listed herein. You determine your password and you agree to keep the password confidential at all times (password
may not be communicated to third-party, joint owner, or CUTX). Your password should not be associated with any commonly known personal identification, such as social security number, address, date of birth, names of children. Your password should be memorized rather than written. By establishing a user ID and password, you and each joint owner agree to these best practices:
1. Never disclose your user ID and password, or otherwise make it available, to anyone, including other joint owners on the account.
2. Never disclose your password to CUTX.
3. Immediately contact the Member Service Center at (800) 314-3828 and report any loss or theft of your user ID and/or password.
4. Regularly change your password and use special characters to make it more secure.
For security purposes, your passcode must meet these complex requirements:
1. At least 8-16 characters
2. At least one uppercase alphabetic character (e.g. A-Z)
3. At least one lowercase alphabetic character (e.g. a-z)
4. At least one number (e.g. 0-9)
5. At least one special character (e.g. ~!@#$%^&*()_+=)
You acknowledge that CUTX is entitled to rely on your use of your user ID and password, and the use of each joint owner of his/her user ID and password, as authorization for any transaction through the Service. You and each joint owner are responsible for all transactions you initiate or authorize using the Service. If you permit any other person to use your user ID and password to the Service, you will have authorized that person to access your accounts and you are responsible for any transactions that person initiates or authorizes from your accounts.
If you suspect unauthorized use of your user ID and password, you should immediately change your log in credentials through the Service by clicking on the Security tab within your user account profile. Further, if your statement or account details show any unauthorized transaction activity, notify the Credit Union AT ONCE. You may contact CUTX during business hours as listed in the Contact Us section of this Agreement The Credit Union’s Electronic Fund Transfers (EFT) Disclosure, as stated in the Credit Union’s Account Agreement, governs your use of the Service, and is incorporated herein by this reference as if set forth in full. CUTX has no obligation to monitor transactions through the Service to determine that such transactions are made on your behalf, or on behalf of any joint owner.
12. ADMENDMENT AND TERMINATION OF AGREEMENT
From time to time, CUTX may add or change the features available through the Service. You understand and agree that CUTX may update, or make changes to, the Service without prior notice to you. CUTX may amend this Agreement at any time or terminate the Service to you or to all CUTX members at any time for any reason, with or without notice. Amendment of this Agreement or termination of the Service shall not affect your liability or obligations hereunder. You understand and agree that our rights and remedies arising out of any breach of your representations
and warranties under this Agreement or any other applicable loan or deposit account agreement, and our rights to indemnification are continuing and survive the termination of this Agreement. Continued use of the Service will constitute your acceptance of any new or amended Agreement terms.
13. CANCELLATION OF ONLINE BANKING SERVICE
You may cancel the Service at any time. Such cancellation shall only be in effect after CUTX has had a reasonable amount of time to act upon your cancellation request and any instructions you provide. To cancel the Service, you may make the request through the Message Center within the Service or you may send us written notification with your signature to:
Credit Union of Texas
P. O. Box 517028
Dallas, TX 75251-7028
You agree to indemnify, defend, and hold the Credit Union of Texas, Our affiliates, partners, officers, directors, employees, consultants, service providers, and agents harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Service, our reliance on your instructions, information or authorizations under this Agreement, your negligent, grossly negligent or intentional action or inaction, and/or your breach of this Agreement, including third-party claims. The Credit Union of Texas and you agree that this paragraph shall survive the termination of this Agreement. In cases where you have insufficient funds or other issues relating to your account that prevent or delay the Credit Union of Texas from processing a transaction that you initiate through the Service; you understand and agree to hold the Credit Union of Texas harmless, including any fees and/or penalties assessed on your account and/or by any third party.
15. DISCLAIMER OF WARRANTY
ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERRED WITH OR AFFECTED BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.