Metro Employees Credit Union

Metro Employees Credit Union

Disclosures for Online Services

Please review the terms and conditions below and click the “I Agree” button to continue. By clicking “I Agree” or using the Service, you accept and are bound by these terms and conditions.

Metro Employees Credit Union Online Service E-Sign Disclosure and Consent

The Online Service E-Sign Disclosure and Consent (Disclosure), applies to all Communications for those products, services and Accounts offered or accessible through the Online Service, or a mobile application used to access the Online Service, that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words we, us, and our refer to Metro Employees Credit Union (Metro Employees), and the words you and your mean you, the individual(s) or entity identified on the Account(s). As used in this Disclosure, “Account" means the account(s) you have with us now or in the future, including ones which you open through the Online Service. Communication means any member account agreements or amendments thereto, monthly billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service or Account, including but not limited to information that we are required by law to provide to you in writing. Online Service means Metro Employees online banking service.

Scope of Communications to be Provided in Electronic Form.You agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.Your consent to receive electronic communications and transactions includes, but is not limited to:
1. All legal and regulatory disclosures and communications associated with the Account, or the product or service available through the Online Service for your Account. As an example, Metro Employees may send by email legally required notification of changes to terms and conditions related to your Account(s) or the Online Service.
2. Notices or disclosures about a change in the terms of your Account or associated Account feature and responses to claims.
3. Privacy policies and notices.
4. Your consent to receive electronic Communications does not automatically enroll you in E- Statements, however enrolling in Online Services does.
Method of Providing Communications to You in Electronic Form.All Communications that we provide to you in electronic form will be provided by one or more of the following methods: (1) via email, (2) by access to a web site that we will designate in an email notice we send to you at the time the information is available; (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose; (4) by requesting you download a PDF file containing the Communication; or (5) Via Text Message.
How to Withdraw Consent.You may withdraw your consent to receive Communications in electronic form by contacting us at (859) 258-3990. Withdrawal of consent for E-Statements may result in a fee per statement per account (please refer to the Metro Employees rate and fee schedule).
How to Update Your Records.It is your responsibility to provide us with accurate and complete email address, contact, and other information related to this Disclosure and your Account(s).You can update information (such as your email address) by using the Online Service or by contacting us at (859) 258-3990.
Hardware and Software Requirements.In order to access, view, and retain electronic Communications from us, you must have:
1. the latest version of your internet browser to access your Account through Online Banking;
2. local, electronic storage capacity to retain our Communications and/or a printer to print them;
3. a valid email account and software to access it;
4. an up-to-date device or devices (e.g., computer, smartphone, tablet, etc.) suitable for connecting to the Internet; and
5. software that enables you to view files in the Portable Document Format ("PDF").
Requesting Paper Copies.You should not expect to receive a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so.You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you.To request a paper copy, contact us by telephone on (859) 258-3990 or by coming into a branch.We may charge you a fee, of which we will provide you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization.We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Communications in Writing.All Communications in either electronic or paper format from us to you will be considered in writing.You should print or download and save, for your records, a copy of this Disclosure and any other Communication that is important to you.
Federal Law.You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Email Address of Record for Accounts with Joint and/or Multiple Owners.You are able to provide an email address for each account owner at the time of new account set up or during maintenance on the account. Only one account owner's authorization is required to enroll in E-Statements.
1. For purposes of electronic notification, you will need to designate one of the existing email addresses associated with a joint or multiple owner account as the email address of record. The email address of record will be the only email address that electronic notification will be sent to when Account documents are available for viewing.
2. The email address of record must be the email address of an account owner who has authority to make transactions and act on behalf of the account. For example, you may not designate the email address of a minor, incompetent or deceased individual as the email address of record.
Interested Parties.If you have designated one or more interested parties to receive copies of your account statements or other documents, they will continue to receive copies of such documents via U.S. Mail.
Acceptance and Consent.By consenting to this Agreement, you agree to the following statements:

I have read, understand and agree to be bound by the Disclosure above and consent to receive electronic documents according to the process described above. I understand that I may incur costs, including but not limited to charges from my internet service provider, in accessing and/or viewing such document(s).

I understand and agree that: (a) certain documents will continue to be delivered to me via U.S. Mail that are not included in the E-Statements program and that in the future some or all of these documents may be made available for me to view online in accordance with this Disclosure; (b) my consent to view documents electronically does not automatically expire and is not limited as to duration; (c) Metro Employees may revoke my participation in the E-Statements program at any time at their discretion; (d) Metro Employees will not be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Disclosure; and (e) inserts that may be provided along with my statements contain important information or disclosures concerning my account and I agree to review such inserts in a timely manner.

Please note that consenting to receive Communications under this Disclosure will not automatically enroll you in E-Statements. You may simply contact the Credit Union at (859) 258-3990 or contact us at [email protected] if you wish to discontinue the electronic delivery and return to standard statement delivery.

Metro Employees Credit Union Online Services

Agreement and Disclosure

Metro Employees Credit Union maintains Online Services as a service to our members. This Online Services Agreement (“Agreement”) governs your use of the Metro Employees Credit Union online banking service (“Online Services” or the “Site”) and mobile banking service (“Online Services” or “Mobile App”), whether accessed through a computer or a mobile communications device. Please read this Agreement carefully. We recommend that you print a copy of this Agreement and retain it for your records.

For the purposes of this Agreement, the terms “we”, “us”, “our”, and “Credit Union” refer to Metro Employees Credit Union and any agent, independent contractor, designee, or assignee the Credit Union may, at our sole discretion, involve in the provision of the Site. “You” or “your” refers to the person using the Site of Mobile App, including without limitation others you permit to use the Site or Mobile App. “Account” means any one or more share or loan accounts you have with the Credit Union. “Services” means any online services used by you in connection with this Agreement. “Communication” means any member agreements or amendments thereto, monthly (or other periodic) billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service, Account(s) or your membership, including but not limited to information that we are required by law to provide to you in writing. Electronic funds transfers (“EFTs”) are electronically initiated transactions through Online Services, including Mobile Banking, Bill Payment, ACH/Digital Pay, and External Account Transfer service transactions involving your deposit accounts.

By accessing Online Services or allowing another to access your account(s) or using any services, including new services when they become available, you agree to comply with the terms in this Agreement. All transactions effected by use of Online Services, Bill Payment Services and ACH/Digital Pay Services which would otherwise require your "wet" signature, or other authorization, shall be valid and effective as if "wet" signed by you when accomplished by use of the password or as otherwise authorized under this Agreement.

We may change the terms and conditions of this Agreement at any time. For example, we may amend, modify, add to, or delete from this Agreement from time to time. We may change this Agreement by electronically delivering through Online Services with a notice explaining the change or changes and we will update this Agreement on our website. However, if the change results in: (1) increased or new fees or charges; (2) increased liability for you; (3) fewer types of available Online Services; or (4) stricter limitations on the frequency or dollar amounts of transfers, then, unless the change must be made immediately for security reasons, at least thirty (30) days before the effective date of the change we will either electronically send you a notice or mail a written notice to you to the last address we have for you in our records. You must promptly notify us of any change in your e-mail or postal address by calling (859) 258-3990 during business hours, visiting any Metro Employees Credit Union branch, web form through the Site www.metroemployeescu.org, writing us at 1306 Versailles Road, Suite 140, Lexington, KY 40504. By continuing to use Online Services after we send you notice of any change, you agree to the change. Further, we may, from time to time, revise or update the programs, services, and/or related material(s) rendering such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material(s) and limit access to our more recent versions and updates.

You have previously received our complete “Membership and Account Agreement” describing the terms of your accounts and your rights and obligations as they relate to EFTs, the terms and conditions of which remain in effect and are hereby incorporated by reference into this Agreement. In addition, in connection with your use of Online Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post on the Site or otherwise provide or make available to you from time to time. Furthermore, if you use certain features, products or services available on or through the Site or Mobile App, you will be subject to, and/or required to agree to, separate user agreements, member agreements or similar agreements governing or relating to such features, products or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, “Additional Agreements”), are hereby incorporated by reference into this Agreement. Additional Agreements shall include, without limitation, agreements, rules or other terms governing any checking, savings, share, money market, or other deposit accounts, loan, lines of credit and credit card accounts, and any other accounts that you may view, modify or otherwise access while using the Site or Mobile app; fee schedules; our Electronic Funds Transfer Agreement and Disclosures; and your signature card.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to Online Services, this Agreement controls, provided that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by us in an Additional Agreement.

ONLINE SERVICES

This Agreement governs electronic access to the Site, access to services through your mobile communication device (“Mobile Banking”), and any additional online services that the Credit Union currently offers or may offer in the future. We have the right, from time to time, to introduce, remove or replace services on this site without notice.

Types of Available Transactions:

Account Information - You may review balances and transaction history on all accounts and sub-accounts existing under your user name. Your account balances are online and include all transactions that have been posted to your account up to that point in time. However, the availability of funds for transfer or withdrawal may be limited due to our Funds Availability Policy. The transaction history information may be limited to recent account information involving your accounts.
Transfers - You may make transfers to your accounts, other accounts that you are authorized on, as well as to other member’s accounts except for those accounts with transfer limitations as disclosed when you opened the account and any amendments to that disclosure. You may transfer or withdraw up to the available balance in your account at the time of the transfer, except as limited under this Agreement or your deposit. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. Transactions involving your accounts will be subject to the terms of your Membership and Account Agreement; and transactions involving a line of credit account or Home Equity Loan will be subject to your Credit Agreement and Disclosures, or your Home Equity Agreement and Disclosures, as applicable.
Apply for a Loan or make advances on your personal line of credit- You may make an application for a loan. You will be notified of the disposition of your application.
Print copy of statement/account history.
Change your address on your account via homebanking only.
View copies of cleared check(s).
Request a Check - You may request a check withdrawal from any savings, checking or club account (excluding Christmas, IRA, and Certificate of Deposit accounts). A check will be issued payable to the member and mailed to the address on record at the Credit Union.
Reorder Checks - You may reorder additional checks in the same format as your last order from us. This request will be sent via email to a member service representative to process.
Stop Payment - You may request a stop payment order for a check from your checking account. Requests made after 2:00 PM Eastern Time may not be effective until the following business day. A stop payment request will serve as a substitute for a verbal order. Stop payment fee is $28 per check or series of checks (Ex: check number 101 or series 101 thru 109 - checks must be in sequential order). You are accepting responsibility for placing the correct stop payment information. You are responsible for all fees incurred resulting in this stop payment order. The stop payment will be effective 24 hours after the first business day. The stop payment order is effective for 14 days from placement. Stop payments longer than the default 14 days requires signature authorization. Please contact a Credit Union member service representative at 1-859-258-3990.
E-mail - You may send secure communications directly to the Credit Union from within the Online Services application. However, the Credit Union may not immediately receive e-mail communications that you send and the Credit Union will not take action based on e-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at 859-258-3990.
Change Password - You may select a new password for your account access at any time.
Bill Pay Service – You can use our I-Pay Bill Payment Service to pay bills on an automatic, recurring basis or periodically as you request.While the I-Pay service is accessed through your Online Services, it is a separate service with its own fees and agreement.Please refer to the Bill Payment Agreement/Disclosure and the MECU fee schedule for additional information about this service.
ACH / Digital Pay – You have the ability to make a payment to your MECU Loan from a non-MECU account.While ACH/Digital Pay is accessed through your Online Services, it is a separate service with its own fees and agreement.Please refer to the ACH/Digital Pay Agreement/Disclosure and the MECU fee schedule for additional information about this service.
Access e-statement, e-Notices and tax statements.
Remote Deposit Capture – You can use our Remote Deposit Capture (RDC) service to deposit your valid paper checks remotely by electronically transmitting a digital image of the paper check for deposit.While the Remote Deposit Capture (RDC) service is accessed through your Online Services, it is a separate service with its own fees and agreement.Please refer to the Remote Deposit Disclosure and Agreement and the MECU fee schedule for more details.
Set up E-Alerts for your account – You can choose what type of alerts you would like to get for your account.You can elect to receive these alerts via email or text.Please be aware that data message fees may apply from your cellular service provider.Please refer to the Text Message Banking Services Terms and Conditions Disclosure for further details.
Person to Person Payments – You can send money to anyone without having to know their account information. All you need is their email address or mobile phone number.
Excel or Microsoft Money - You may download your account information to financial management software programs, if applicable.

You represent all information you provide to us in connection with the Online Services and your account(s) is accurate, current and complete and you have the right to provide said information to us. You agree to maintain your account information in an up to date and current manner. You further agree not to use Online Services in any way that would 1) infringe any third party copyright, patent, trademark, trade secret, or any other proprietary rights or rights or publicity or privacy; 2) be fraudulent or involve the sale of counterfeit or stolen items, including the use of Online Services to impersonate another person or entity; 3) violate any law, statute, ordinance, or regulation; 4) be false, misleading or inaccurate; 5) create liability for us or cause us to lose the services of any third party provider; 6) interfere with or disrupt our computer network; or 7) access information that you are not allowed to receive or view.

Online Services Requirements

You must be a member in good standing and agree to MECU’s membership and account agreement as well as the agreement and disclosure for each product used.

In order to use Online Services and successfully access and retain your electronic Communications, you must have the following hardware and software: A personal computer (including a monitor) capable of accessing the Internet and sending and receiving e-mail, and a printer capable of printing copies of Web site information for your records; and Internet access. To specifically access our Mobile App, you must have a smartphone with either Android or Apple platform technology.

You agree to comply with your hardware and software requirements as well as use the most current version Microsoft® Windows , or Apple software; an Internet browser that supports 128-bit encryption, including recent versions of Chrome, Internet Explorer, Safari Mac, or Firefox; Adobe® Acrobat® Reader® software or Adobe® compatible software, so you can view Adobe® PDF files; and a computer hard drive capable of storing data, if you wish to store electronic Communications.

To properly access the Online Services, your browser must also have cookies enabled and allow Java scripts to run.

MOBILE BANKING SERVICES

Mobile Banking allows access to accounts through use of a mobile device. All features and services available through Online Services are available via the Mobile Banking Mobile App. The terms and conditions in this Agreement that apply to Online Services also apply to Mobile Banking, by accessing Mobile Banking or using any related services, including new services when they become available, you agree to comply with the terms of this agreement.

To use the Mobile Banking service, you must a mobile device with a service plan that includes text messaging and data and internet access with Secure Socket Layer (SSL) capability. The Mobile App is available for the iOS and Android mobile devices. Devices that have data connectivity and include a WAP-based Web Browser can access a mobile-friendly version of our Online Services through the mobile browser

Third party fees may apply for data and internet access and text messaging. Contact your mobile device carrier for additional information.

In addition to the services available through our Site, the Mobile App also provides the ability to deposit checks remotely (Remote Deposit Capture or “RDC.” This service is not available for all accounts. If you do not have access to this service and are feel you qualify, please contact our Member Service Department at 859-258-3990.

You agree that you will not install software onto your mobile device that you are not familiar with or have not read the Terms and Conditions for that software.

You agree to download mobile security software updates when available. You agree that your mobile device will be locked if it is left unattended. You agree to log off of Mobile Banking at the completion of your online session.

In the event that your mobile device is lost or stolen, and you believe you were not logged off and/or feel your log on credentials may have been compromised, please contact us at (859) 258-3990 or visit one of our branch locations during business hours. You may also send us written notification at 1306 Versailles Road, Suite 140, Lexington, KY 40504. We also recommend that you contact your wireless service provider to have your device deactivated.

BILL PAYMENT SERVICES

Credit Union members with eligible deposit accounts may also use the optional Bill Payment Service. The Bill Payment Service is accessed by logging into the Site or Mobile App and is subject to separate terms & conditions, which can be viewed, downloaded and printed by clicking on the “Terms & Conditions” link in the Bill Payment pages of the Site.

Bill payments can only be made from your Credit Union share draft/checking account and payments cannot be made to payees outside of the United States or its territories. Payments are made to your payee either electronically via the Automated Clearing House (ACH) or by check. The method of payment depends upon the processing method that can be accommodated by the payee and/or by our bill payment service provider. Refer to the Bill Payment Services terms and conditions for complete details.

E-ALERTS

Credit Union members who have enrolled in Online Services may also use the optional E-Alerts service (“E-Alerts”). E-Alerts are accessed by logging into the Site or Mobile App. In addition, the Mobile App provides optional Push Notifications for a variety of account-related transactions.

You may elect to receive alerts by e-mail or text message. There is no monthly fee for E-Alerts; however, you may be charged fees for receipt of text messages from your mobile phone service provider. Please refer to your mobile service provider for individual text message fee plans.

E-Alert notices are delivered on a daily basis and may not alert you in “real time” with your transactions. E-Alerts is not a substitute for proper diligence regarding your balance and appropriate review of your statements. E-Alerts is provided as a courtesy only, and the E-Alerts service may be suspended or terminated in whole or in part at any time with or without notice to you. You agree that we are not responsible for any negative balances, fees, losses, late payments, or other failures to properly manage your account that might result from one or more alerts not reaching you. We are not responsible for any failures of your e-mail or mobile phone service, or your failure to properly update your information with us.

ADDITIONAL FEATURES

We may occasionally introduce new features to, or eliminate features from, Online Services. When this happens, we will update the Site and Mobile App accordingly. You agree that you are: (1) solely responsible for acquiring and maintaining a computer or any other approved electronic device, such as a mobile device, and equipment that can handle and access the Site and Mobile App; and (2) responsible for all costs associated with accessing Online Services and your eligible accounts.

AUTHORIZATION

You authorize use to transfer funds electronically between your designated account(s) and charge your designated account(s) for any transactions accomplished through your use of Online Services, including the amount of any recurring payment you make.

OUR LIABILITY FOR FAILURE TO MAKE TRANSFERS

If you provide us with timely, complete, correct and accurate information and we do not then accurately complete a transfer to or from your Account or if we fail to cancel a transaction as properly requested or in the correct amount according to our agreement with you, we may be liable for losses or damages as a result. There are some exceptions to our liability for processing transactions on your Account(s), in addition to the general limitations of liability contained in this Agreement. For example, we will not be liable:

If you do not have enough available funds in your Account to complete the transaction;
If the account was closed as of the date of the transaction;
If the money in the Account is subject to legal process or other claim or encumbrance restricting the transfer;
If you do not have an adequate credit limit on a credit/loan account to complete the transaction;
If any of your loan Accounts with the Credit Union are delinquent;
If the Site was not working properly and you knew or were advised by us about the breakdown before you began the transaction;
If your Password or username/ID has been compromised or we have reason to believe that the transaction is unauthorized;
If the transaction would violate any applicable provision of any risk control program or applicable policies, procedures or practices, or governmental regulation;
If we have reasonable cause not to honor an instruction for our protection or for yours;
If you are in default under this Agreement or any other agreement with us;
If your access to Online Services has been suspended;
If our failure to complete the transaction was a result of efforts to protect the security of your account; If you have not provided us with complete, current and correct instructions to complete the transaction; If circumstances beyond our control, such as fire, flood, electrical failure, or malfunction of the central data processing facility, prevented the completion of the transaction; and
If your Password is repeatedly entered incorrectly.

There may be other exceptions stated in our Additional Agreements with you.

OUR SOLE RESPONSIBILITY FOR AN ERROR IN A TRANSFER WILL BE TO CORRECT THE ERROR, BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ONLINE ACCESS

You access Online Services through our site using your username and password. You may access your account and other services through the Site and Mobile App seven days a week, 24 hours a day. However, at certain times, some or all of the Site or Mobile App may not be available due to routine maintenance or technical difficulties. The Credit Union’s business days are Monday through Friday, 7:30 a.m. to 4:00 p.m. EST except all posted and federal holidays.

PERIODIC STATEMENT AND NOTICES

In accordance with the terms of the Additional Agreements, you will receive a monthly statement for draft accounts for the account(s) which you have accessed using Online Services, Bill Payment Services, or any other electronic service. Your periodic statement will reflect the date that you initiated the transaction, the type of transaction, the amount of the transaction, the type of account(s) accessed by the transfer, and the amount of transfers occurring in that statement period. You will get a statement at least quarterly for any none draft accounts and may obtain the statement electronically.

By Registering for Online Banking you will be receiving your future account statements and notices through "Metro Employees Credit Union" eStatement and eNotice online service. We are pleased to make this service available to you at no additional cost. You understand that your statements and notices will include information concerning both your Share/Deposit Accounts and Loan/Credit Card Accounts with the Credit Union, and may include disclosures required under the Truth-In-Lending Act, the Electronic Funds Transfer Act, the Truth-In-Savings Act and/or similar consumer disclosure laws. You agree to the receipt of these consumer disclosures in electronic format described herein.

You will be notified by email each time that a new statement or notice becomes available for your inspection. It is your responsibility to access the statement or notice. You can gain access to your account statements and notices by using your computer or approved cell phone device. The online services site includes links to the sites from which you can download all the required software. You will need a printer if you want to create a paper copy of your statements or notices. By requesting to receive your statements and notices electronically, you are telling the Credit Union that you have printing capabilities.

By submitting this request, you authorize the Credit Union to discontinue sending statements and notices via postal mail service and begin sending your statement and notice information electronically. You understand that the statement and notice information received from Metro Employees Credit Union will be encrypted and password protected for your security. You may simply contact the Credit Union at (859) 258-3990 or contact us at [email protected] if you wish to discontinue the electronic delivery and return to standard statement delivery.

REPRODUCTION OF RECORD

You may print a record of any individual transaction conducted through Online Services at any time after the transaction is completed.

PASSWORD AND SECURITY

You understand that you cannot use Online Services without a Password and/or such other security and authentication techniques as we may require from time to time. YOU AGREE THAT USE OF THE PASSWORD CONSTITUTES A REASONABLE SECURITY PROCEDURE FOR ANY TRANSACTION. Your Password acts as your signature. We may also require additional security procedures to initiate online transactions. These additional security procedures may require special hardware, software or third-party services. We may also, at our option, offer you additional, optional security procedures, such as random number generators, to enhance the security of your accounts.

You are responsible for the safekeeping of your Password. You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using these services. If you permit other persons to use these services or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use these services without your consent or has transferred money without your permission, you must notify us at once by calling (859) 258-3990 or visit a branch location during normal business hours.

If you voluntarily subscribe to a third-party account aggregation service where your selected Credit Union deposit and loan account(s) as well as your accounts at other financial/investment institutions may be accessed on a website, you may be required to give your Credit Union Password to the aggregate service provider. You understand that by doing so, you are providing the aggregate service provider access to your account(s) at the Credit Union. Metro Employees Credit Union will not be liable for any losses, fraud and/or intentional misconduct that occur from using any third-party aggregation services.

The password you select is for the security of your account. We recommend that you frequently change your password. We recommend that you memorize your password and do not write it down. You are responsible for keeping your password and account information confidential. Any person who you permit to use your password will be an authorized user on your account. An authorized user may transfer funds from your savings, checking, money market and loan account(s), authorize bill payments and do any transactions available using your password. You authorize us to follow any instructions entered through the site using your password. If you authorized someone else to use your password, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorized. If you believe your password has been lost, stolen or that someone has accessed your account without your permission, notify us immediately by calling us at 859-258-3990 or visit a branch location.

AUTHORIZED USERS/SUB USERS

You agree to provide each Authorized User and Sub 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 transaction or online request by placing a call to any authorized signer on your account at our discretion. We may delay any transaction or deny your access to Online Services without prior notice if we are unable to confirm any person's authority to access Online Services or if we believe such action is necessary for security reasons. Your user name and password will be your Online Banking signature and you can use it to access all accounts that are linked to your social security number. When using the Service to conduct transactions, you agree that Metro Employees Credit Union may debit your account to complete the transactions or honor debits for which you have not signed. Members that are joint owners on other accounts will also have access to those accounts. At your request, you may remove access to any account or sub-account that has your social security number.

FEES AND CHARGES

Except as otherwise provided in this Agreement or an applicable Additional Agreement, there is no monthly service charge for your use of Online Services. All standard fees (NSF, Stop Payment, etc.) set forth in our fees and charges schedule apply. MECU reserves the right to charge for Online Services account access or transactions in the future. You will be given at least 30 days advance notice before MECU implements any changes to fees or adds any new fees for Online services. You understand and agree that your mobile communications service provider or internet service provider may impose fees or charges associated with your use of your mobile communication device or computer, and that the Credit Union is not responsible for such fees or charges.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ONLINE SERVICES

If you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt, contact us by calling (859)-258-3990, visit a branch location or write us at 1306 Versailles Road, Suite 140, Lexington, KY 40504. Your responsibilities and liability in the event of an unauthorized transaction shall be determined according to the “Membership and Account Agreement”.

E-MAIL

E-mail are available as a way for you to ask questions, or express comments or concerns regarding our services. For security reasons, you may not use e-mail to initiate transactions on your account. The Credit Union may not immediately receive e-mail communications you send and will not take action based on e- mail requests until we actually receive your message and have a reasonable opportunity to act. We will never disclose or ask you to disclose your account number or PIN via e-mail or text.

You agree to maintain a current email address with Metro Employees Credit Union and inform us of any change. Upon accessing your online banking account, you may update your e-mail address via our desktop application by clicking on your profile> Settings> Update your email address>.

If the Credit Union sends you an e-mail notification and it is returned as undeliverable, the Credit Union may attempt to contact you by posting an “alert message” via Online Banking alert center or by phone call. If you use a spam filter, you may need to take steps to ensure that credit union email notifications are not rejected.

Text Message

You hereby acknowledge and accept that each message is sent to you without being encrypted and will include certain information requested on your credit union account(s).

You may request and receive text messages concerning your accounts on any text-enabled cell phone. It is your responsibility to determine if your cell phone service provider supports text messaging and your telephone is capable of receiving text messages. The credit union's text alert messages are subject to any of the terms and conditions of your agreement(s) with your cell phone carrier. You are responsible for any fees imposed by your cell phone service provider even if your use of the text alert service causes those fees to change.

Once you activate your cell phone for this service, YOU are responsible for keeping any personal information in your cell phone secure. For your protection, you agree to:

Cancel your text alert service if you cancel your service with your cell phone provider.
Cancel your text alert service if your cell phone is lost or stolen.
Cancel or edit your text alert service if you change your cell phone provider or change your cell phone number.
Erase your 'Sent Messages' and 'Inbox' that may contain your text alerts or other sensitive information.
Cancel or edit your text alert service at any time that you wish.

You acknowledge, agree and understand that your receipt of any text alert messages may be delayed or prevented by factor(s) affecting your cell phone service provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message. You agree to not hold the credit union, including its agents, employees, or volunteers, liable for any losses, damages or costs that may arise in whole or in part, from:

(a) a non-delivery, delayed delivery, or the misdirected delivery of any message;

(b) inaccurate or incomplete content in any message; or

The credit union provides this service as a convenience to you. We do not use text messaging for any purpose not included in this system. The credit union reserves the right to terminate this service without prior notice to you. All provisions of any agreements or disclosures previously made pertaining to your credit union accounts remain in effect and are not superseded or amended by this agreement.

RECORDING OF PHONE CALLS AND E-MAIL/TEXT

You authorize us and our agents to record or copy any phone call made to or e-mail / text sent to us concerning Online Services.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders: or
If you give us written permission.

We may also provide information about you to our service providers to help us perform marketing services. This information provided to these service providers is limited to only that which we deem appropriate for these service providers to carry out their functions.

ASSIGNMENT

You may not assign this Agreement to any other party. We may assign this Agreement at any time in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by the Credit Union. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

HEADINGS

Headings are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Termination of Electronic Fund Transfer Services

You agree that we may terminate this Agreement and your electronic fund transfer services if you, or any authorized user of your Online services or password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password. We may terminate your access to Metro Employees Credit Union Online Banking and eStatements (i) if you have not accessed the service in longer than 3 months with no initial login or 6 months of inactivity or (ii) for any reason, at anytime.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Online Services services may be terminated to those members that cause a loss to the Credit Union.

Error Resolution

In case of errors or questions regarding your Online Services transactions, call us at 859-258-3990 or write to us at Metro Employees Credit Union, 1306 Versailles Road, Suite 140, 40504 as soon as you can. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number.
Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account.

If it is determined there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Third Party Websites

The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service or any other services provided in connection with it is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

DISCLAIMER OF WARRANTIES; LIMITS ON OUR LIABILITY AND OBLIGATIONS TO YOU

You understand and agree that online services are provided “as-is.” 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 online services is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of online services 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 mobile device 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 site 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 online services, the accuracy or reliability of any information obtained through online services, the accuracy of any information

Retrieved by us from the accounts or that online services will meet any user’s requirements, be uninterrupted, timely, secure or error free. Although the credit union has taken measures to provide security for communications from you via online services we cannot and do not provide any warranty or guarantee of such security.

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 online services, 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 online services, any loss of, unauthorized access to or alteration of a user’s transmission 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.

YOUR AGREEMENT TO INDEMNIFY US

Except to the extent that we are liable under the terms of this Agreement or another agreement governing the applicable account, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from:

A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us;
Any fraud, manipulation, or other breach of this Agreement;
Your violation of any law or rights of a third party; or
The provision of the Online Services or use of the Online Services by you or any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Online Services by you or a joint account owner or other authorized person.

GOVERNING LAW
You understand and agree that this 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 Kentucky, 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 Kentucky.

Metro Employees Credit Union

Disclosures for ACH & Digital Pay

Please review the terms and conditions below and click the “I Agree” button to continue. By clicking “I Agree” or using the Service, you accept and are bound by these terms and conditions.

This is your ACH & Digital Pay bill payment agreement (“Agreement”) with Metro Employees Credit Union (MECU) (“Billpay Provider”). You may use this bill payment service (the “Service”), to make payments to your account with MECU. “You” or “your” means each person who signs or otherwise indicates assent to this Agreement or is otherwise authorized to use the Service by you or uses the Service with your credentials. “We”,”us” or “our” means the Billpay Provider set forth above.

YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICE.

By registering for this Service you authorize MECU to process the transactions submitted through your Service Account (“Bill Payments”), and for MECU, or its designee, to post pending and completed transactions to your Service Account. You may request a payment be delivered on a one-time basis or you may request recurring payments. This option may be changed at any time by accessing the Service and changing your Payment Instructions in the Service at least five (5) business days before the payment is scheduled and/or due. By logging into the Service and completing Payment Instructions, you authorize MECU to charge/debit your credit card or bank account for any and all payments that have been agreed to under this Agreement, and direct the payment to MECU, or its designee, as payment for amounts owed to MECU.

Transfer Types and Limitations
(1) Payment Types Accepted
You may use the Service to make payments to your Service Account using a valid: (i) credit card account number; (ii) debit card account number; or (iii) checking account number (“Payment Account”). Some of these payment types may not be available through all payment channels.

(2) Limitations on Dollar Amounts of Transfer
You may use the Service to make payments up to a maximum per payment limits below.

Maximum Any Account Transfer per Transfer $5,000
Maximum Any Account Daily Limit Amount $7,500
Maximum Monthly Any Account Limit $ 10,000
ACH Per Transfer In $7,500
ACH Per Transfer Out $5,000
Maximum Daily Limit Amount $5,000
Maximum Daily Count: 5
Maximum Monthly Limit Amount $25,000
Maximum Monthly Count: 9
Maximum P2P Per Transfer In $2,500
Maximum P2P Daily Limit $5,000
Maximum Daily PTP Transfers 5
Maximum Monthly P2P Transfer Amount $25,000
Digital Card Pay Limits: $25.00 at account opening; $5,000 per loan payment

Consent to Electronic Communications.
You agree and consent to electronically receive all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Service Account and your use of the Service. Communications include:

This Agreement and any amendments, modifications or supplements to it.
Your records of any payment transactions through the Service, including monthly statements and confirmations of individual transactions and related fees (e.g. receipts).
Any disclosures or notices provided in connection with the Service, including those required by federal or state law (such as initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
Any customer service communications, including communications with respect to claims of error or unauthorized use of the Service.
Any other communication related to the Service.

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 will be considered to be “in writing.” You should print a paper copy of this Agreement and any electronic Communications that are important to you and retain the copy for your records.

You have the right to request paper copies of any communication. Paper copies can be requested by calling 859-258-3990 during our operating hours of 7:30-4:00, Monday through Friday, excluding holidays. You must request the paper copy within 180 days of the date of the communication.

It is your responsibility to keep the e-mail address and mobile phone number that are registered with the Service up to date, so that we can communicate with you electronically. You agree to promptly update your account records with us if your e-mail address, mobile phone number, or other information changes.

In order to access and retain electronic communications, you will need: a computer with an Internet connection; a current Web browser that includes at least 128-bit encryption and with cookies or other local storage enabled; a valid e-mail address; and sufficient storage space to save past communications or an installed printer to print them. You confirm that you have access to the necessary equipment and software to receive and save/print communications.

Communications may be posted on the Service and/or delivered to the e-mail address or mobile phone number associated with your Service Account. Each electronic communication will be deemed to have been received by you no later than five (5) business days after we send it to you by e-mail, SMS, or post the communication on the Service, whether or not you have received the e-mail or SMS, or retrieved the communication. An electronic communication by e-mail or SMS is considered to be sent at the time that it is directed by our e-mail server or SMS gateway to the e-mail address or mobile phone number you provided. An electronic communication by posting to the Service is considered to be sent at the time it is available to you. You agree that these are reasonable procedures for sending and receiving electronic communications.

You may withdraw your consent to receive communications electronically by calling 859-258-3990 during our operating hours of 7:30-4:00, each Monday through Friday, excluding holidays, or writing to us at “Attn: Electronic Communications,” 1306 Versailles Road, Suite 140, Lexington, KY 40504. If you fail to provide or if you withdraw your consent to receive communications electronically, we may either restrict or deactivate your access to the Service.

Consent to Receive E-mail and SMS Messages

By associating an e-mail address or mobile phone number with your Service Account, you represent that you are the owner of that e-mail address and/or mobile phone number. You consent to receive e-mails and or SMS messages from us and our designees. You agree that we and our designees may use automatic telephone dialing systems in connection with SMS messages sent to any mobile phone number that is associated with your Service Account. You further acknowledge and agree: (i) you are responsible for any fees or other charges that your wireless carrier may charge for any related data, SMS or other message services; (ii) you will immediately notify us if you change or cancel any e-mail address or mobile phone number associated with your Service Account; (iii) neither we nor your wireless carrier is liable for any delay or failure to deliver any message sent to or from us; and (iv) to stop receiving SMS messages from us, change your settings within the Service, reply STOP to the most recent SMS message from us, or call 859-258-3990 during our operating hours of 7:30-4:00, each Monday through Friday, excluding holidays.

The Bill Payment Process
By completing this process, you authorize Metro Employees Credit Union (MECU) to establish recurring transfers from or to your MECU account on a schedule you establish as specified herein. Start and Change transfers may require at least five (5) business days for setup prior to the first transfer.

One account must be a MECU account. The other account must be a non-commercial account at another financial institution within the jurisdiction of the United States or an accepted debit or credit card. We will not process payments using cards issued by Metro Employees Credit Union. You must be the owner(s) of the ‘to’ and ‘from’ checking/savings accounts. We will process variable payments on the business day you designate, provided the payment request is received prior to the cut-off time set by us. Transfer requests will be processed on the day requested, unless the scheduled date falls on a weekend or a federal holiday. The transfer will then be made on the business day following the weekend or holiday. Variable bill requests received after the business day cut off time or at any time on a non-business day will be processed on the next business day.

For transfers to another financial institution, MECU cannot guarantee when the receiving financial institution will make the funds available. Funds must be available in the account 24 hours prior to transfer request. In the event there are not sufficient funds available at the request date, any future request will be cancelled. If a transfer is cancelled, a new authorization form must be completed to reinstate.

FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.

When scheduling Bill Payments, you must select a scheduled payment date (taking into account the processing information described in the previous paragraph) that is no later than your actual due date. Scheduled payment dates and recommended delivery times should be prior to any late date or grace period. We will not be responsible for any finance charges or penalties incurred for late payments that were due to invalid information entered by you.

When you have scheduled a payment, you authorize us to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using the Service.

To cancel this authorization, a written request must be submitted no less than two (2) business days prior to the scheduled transfer. The transfer may not be able to be stopped if notice is provided in less than two (2) business days. If transfer is cancelled, a new authorization form must be completed to reinstate.

MECU has the right to terminate the authorization agreement for any reason (i.e., invalid account number, non-sufficient funds [NSF], closed account). This authorization shall remain in full force and effect until MECU has received written notification from the member named herein (or joint member) of its termination in such a manner as to afford MECU a reasonable opportunity to act on that notification.

We will incur no liability if we are unable to complete any payments initiated because of any of the following:

You did not provide us with complete and correct payment or transfer information;
You did not properly follow the instructions for use of the Service;
The Service is not working properly and you know or have been advised about the malfunction before you execute the transaction;
If your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed your credit limit or overdraft limit;
Your Payment Account is closed or has been frozen;
You, or anyone you allow, commits fraud or violates any law or regulation in connection with the Service;
Circumstances beyond our control (such as fire, flood, postal delay or improper transmission or handling by a third party) prevent, hinder or delay the transaction, despite reasonable precautions that we have taken; and/or
A legal order prohibits withdrawals from your Payment Account.

You agree to have funds available in the Payment Account you designate in amounts sufficient to pay for all Bill Payments requested as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Payment Account and we have not exercised our right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. If the automatic transfer is returned for insufficient funds or account closed, MECU will assess a fee, as specified in MECU’s Schedule of Fees and Charges.

Any Bill Payment that is not a recurring Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.

Fees

Except as otherwise provided in this Agreement or an applicable Additional Agreement, there will be a fee of $7.95 per payment for payments made via debit card when using MECU’s Online Services. All standard fees (NSF, Stop Payment, etc.) set forth in our fees and charges schedule apply. MECU reserves the right to change fees or charge for Online Services account access or transactions in the future. You will be given at least 30 days advance notice before MECU implements any changes to fees or adds any new fees for Online services. You understand and agree that your mobile communications service provider or internet service provider may impose fees or charges associated with your use of your mobile communication device or computer, and that the Credit Union is not responsible for such fees or charges.

Periodic Statements
We will not send a periodic statement listing transactions that you make using the card portion of the Service. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. You agree to promptly review your monthly statement from your financial institution and to notify us immediately if there are any suspected unauthorized payments or errors related to the Service.

Stop Payment Order
You may stop payment on a recurring Bill Payment or transaction by accessing the Service or by notifying us either by telephone or in writing at least 3 business days before the scheduled date of the Bill Payment or transaction. We may require you to provide us with written confirmation of a stop payment order within 14 days of an oral notification. You will be advised when you call us to request a stop payment order if we will also need your written confirmation. If you are requested to provide a written confirmation and we do not receive it within 14 days, an oral stop-payment order will not be binding after that time and a subsequent debit may be made to your account if the item is resubmitted for payment.

Unauthorized Transactions and Errors
In case of errors or questions regarding your Home Banking transactions, call us at 859-258-3990 or write to us at Metro Employees Credit Union, 1306 Versailles Road, Suite 140, 40504 as soon as you can. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number.
Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

Liability
You are solely responsible for controlling the safekeeping of, and access to, the credentials used to access your Service Account. You are liable for all transactions made using your Service credentials. You will be responsible for any Service payment request you make that contains an error or is a duplicate of another Service payment. We are not responsible for a Service payment that is not made if you did not properly follow the instructions for making a Service payment. We are not liable for any failure to make a Service payment if you fail to promptly notify us after you learn that you have not received credit for a Service payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control. We make no representation or warranty that any information, material or functions included in the Service are appropriate for use by you in your jurisdiction. If you choose to use the Service, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations.

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS, VENDORS, AND SERVICE PROVIDERS, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PAYMENT INSTRUCTIONS, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY, ANY LIABILITY OF THE RELEASED PARTIES IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, OR ITS NON-INFRINGEMENT. THE RELEASED PARTIES DO NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS.

Confidentiality of Information
Information submitted to us or our suppliers is our property or the property of our suppliers, and we and our suppliers are free to use and disclose that information (other than the Service Account, Payment Account or transactions), or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed to by us or our suppliers or prohibited by law. We will disclose information to third parties about your Service Account, Payment Account or the transactions you made (i) where it is necessary for completing transactions; (ii) in order to comply with government agency or court orders; or (iii) if you give us your written permission. We shall be free to disclose the tax treatment or tax structure of any transaction under this Agreement.

Change in Terms; Termination
We have the right to change this Agreement at any time. For any change that results in: (i) increased fees, (ii) increased liability to you; (iii) fewer types of available electronic fund transfers, or (iv) stricter limitations on the frequency or dollar amount of transfers, we will provide 30 days prior written notice to your e-mail account at the last address shown for the account in our records, by posting notice on our Service website, or as otherwise permitted by law. We may, however, change this Agreement without prior notice if necessary to maintain or restore the security of the Service or your Service Account.

We have the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to 1306 Versailles Road, Suite 140, Lexington, KY 40504. We are not responsible for any payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by us on your behalf.

Virus Protection
We are not responsible for any electronic virus that you may encounter using the Service. We encourage you to routinely scan your computer and diskettes using reliable virus protection products to detect and remove viruses. If undetected and not repaired, a virus can corrupt and destroy your programs, files and hardware.

Indemnification
You shall indemnify, defend and hold harmless the Released Parties, against any claims, losses, costs expenses, attorney’s fees, interest, damages, and other liabilities, whether direct, indirect, special, punitive, incidental or consequential, arising out of or relating to: (i) your negligence or more culpable conduct; (ii) your failure to comply with applicable law; (iii) your failure to comply with this Agreement; or (iv) your use of the Service.

Governing Law

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Kentucky where you opened your account and the By-laws of the Credit Union as they now exist or may hereafter be amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.

General Provisions
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and us. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and us, this Agreement will control. We shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of our rights under this Agreement. No waiver by us of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law. We may assign our rights and/or delegate all or a portion of our duties under this Agreement to a third party. If any provision of this is Agreement is for any reason determined to be invalid, such provision will be deemed modified so as to be enforceable to the maximum extent permitted by law consistent with the intent of the parties as herein expressed, and such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS. I agree that the authorization to transfer to/from my account must comply with all applicable federal and state laws or regulations including OFAC.