SESLOC Federal Credit Union
Online Banking Services Agreement and Disclosures
The following Terms and Conditions govern the manner in which SESLOC Federal Credit Union will provide Online Banking Service (Service). The words “we,” and “us,” and “our” refer to SESLOC Federal Credit Union. The words “you” and your” refer to each account owner or other person you authorize to transact business on any Credit Union account which may be accessed through the SESLOC Federal Credit Union Online Account Access & Bill Pay Service. When you use our Services or you permit any other person or entity to user our Services, you agree to the terms and conditions we have set out in this agreement. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
You may contact on regular business days at (805) 543-1816 from 8:00 a.m. to 6:00 p.m. Our business days are Monday through Friday except federal holidays.
Email: To contact us over a secure connection, please log on to the Online Banking Service and use the secure electronic forms provided through the Online Message Center. For general inquiries, you may also email us at [email protected]. IMPORTANT: Email is not a secure method of communication over the Internet. Please do not send personal confidential information by general email.
You authorize SESLOC Federal Credit Union to utilize third parties to provide the Online Services to you on our behalf.
Eligible accounts include the following SESLOC Federal Credit Union personal or nonpersonal account types: checking, savings, credit card, mortgage, consumer loan, and share certificate deposit accounts.
Waiver of Requirement for Two or More Signatures
If your designated personal or nonpersonal account requires two or more signatures for transactions, such requirement does not apply to transactions through Online Banking Service. This means that each individual authorized as a signer on the account, or to whom you give access to the User ID, Member Number, Password, and other means of authentication, will have full access to view, modify and transact on all accounts under this membership number and be deemed to be authorized by you to individually transact on the account through Online Banking. This could include but is not limited to the following: changes to account address, security questions and PIN; electronic transfers and withdrawals, including online bill payments, even though that person’s authority to transfer or withdraw funds is subject to a maximum amount or must be exercised jointly with one or more other persons.
The FFIEC (Federal Financial Institutions Examination Council) requires all credit unions to implement a multi-layered verification sign-in process. When you sign-up for our Online Banking Service you agree to abide by the requirement to select a confidential password and maintain up to date telephone, email, and/or SMS text contact information. It is your responsibility to immediately notify the Credit Union if you have reason to believe your account password has been compromised.
We will not be liable under any circumstances, if we are unable to complete any payments or transfers initiated in a timely manner via the Services because of the existence of any one or more of the following circumstances:
- You do not obtain a Confirmation at the time you initiate a payment or transfer.
- If, through no fault of ours, your Account does not have sufficient funds available to complete the payment or transfer.
- You have closed the designated Account or have been removed as a joint owner.
- We have identified you as a credit risk and have chosen to (i) make all payments or transfers initiated by you via the Services utilizing a paper, as opposed to electronic, method or (ii) to terminate your subscription to the Services.
- If your Password has been reported lost or stolen and we have taken action to prevent payments or transfers by use of the Password.
- If your Account is legally subject to legal process, right of setoff, or encumbrance, or if the funds in your Account are not immediately available for payments or transfers.
- The Services, your equipment, or any communications link is not working properly and you know or have been advised by us about the malfunction before you execute the transaction.
- You have not provided us with the correct information for those Payees to whom you wish to direct payment or Accounts to which you wish to make a transfer.
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid these circumstances.
- There may be other exceptions stated in our agreement with you.
Federal Regulation D limits transfers from share savings accounts during any calendar month. You may not make more than 6 withdrawals or transfers from a share savings account to another credit union account of yours or to a third party by means of preauthorized or automatic transfer or telephone order or instruction. No more than three of the six transfers may be made by check, draft, debit card, if applicable, or similar order to a third party. Any transfer or withdrawal cannot exceed the available funds in your account. If you exceed these transfer limits, your payment or transfer may be prevented from taking place. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient funds or draw an account balance below a required balance.
You may request stop payments on paper checks or ACH transactions. Stop payment fees will apply; please see the Fee Schedule for details. All payments made via SESLOC Online Banking Service will be listed on your monthly Account statements (“Statement”) that you receive from the Credit Union.
We may, from time to time, introduce new services or enhance the existing Services. We shall notify you of these new or enhanced services. By using these services when they become available, you agree to be bound by the obligations concerning these services, which may be sent to you.
You agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our site and systems if we reasonably believe your Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons, or other entities, to use the Services or your User ID, Password, any additional numbers, words, physical devices or other means of authentication (Access Codes), you are responsible for any transactions they authorize from your linked eligible accounts.
If you believe any of your accounts have been accessed or your Access Codes have been taken or used without your permission, notify us immediately at (805) 543-1816 or write to: SESLOC Online Services, P.O. Box 5360, San Luis Obispo, CA 93403-5360
Telephoning us right away may help you reduce possible losses. To the extent a transaction is an electronic funds transfer, you can lose no more than $50 if you notify us within two (2) business days of discovering any unauthorized use of the Services or your Access Codes. However, you can lose as much as $500 if you do not notify us within two (2) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified.
If your Statement contains payments or transfers that you did not make, notify us IMMEDIATELY. If you do not notify us within sixty (60) days after the Statement was mailed or electronically presented to you, you may not get back any of the money you lost if we can prove that we could have taken preventative measures if you had told us in time. If a good reason (such as a hospital stay or an extended trip) prevented you from informing us, we may, at our discretion, extend the time.
Errors and Questions
Contact us as soon as possible at the address or telephone number provided below if you think a payment or transfer listed on your Statement is in error or if you need more information about a payment or transfer listed on the Statement. We must hear from you no later than sixty (60) days after you received the first Statement on which the problem or error occurred. When you call or write us, you must:
- Provide your name and Member Number.
- Describe the payment or transfer you are questioning (Merchant Name, Account Information, Transaction Date, and Amount) and explain as clearly as you can why you believe it is an error or need more information. If possible, please provide us with the Confirmation Number for the transaction.
- Provide us with the dollar amount of the suspected error. If you tell us orally, or by using Secured Messaging, we may require that you send your complaint in writing within ten (10) Business Days. We will tell you the result of our investigation within ten (10) Business Days after we receive your complaint and will correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If this extended time is necessary, we will credit your Account with a “conditional credit” within ten (10) Business Days after we hear from you, for the amount you think is in error in order that you may have use of the money during the time it takes to complete our investigation.
If we ask you to put your question or complaint in writing and we do not receive it within ten (10) business days, we reserve the right not to give your Account temporary credit. If we determine there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed the investigation, and within ten (10) business days of the date of such explanation, we will debit from your account the “conditional credit” previously provided to you for use during the time that we took to complete our investigation. You may ask for copies of documents used during our investigation. Contact us at:
SESLOC Federal Credit Union
Member Services Department
P.O. Box 5360
San Luis Obispo, CA 93403-5360
We, or a third party acting as our agent (Service Provider), are responsible for completing fund transfers and bill payments from your account(s) on time and according to your properly entered and transmitted instruction. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damage. However, neither we, nor the Service Provider will be liable:
- If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
- If you have not properly followed instructions on how to make a transfer or bill payment;
- If you have not given complete, correct and current instructions so that a transfer or bill payment can be made;
- If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the biller by the time it is due;
- If you request a transfer or payment amount that exceeds the minimum or maximum dollar limit for an individual payment;
- If a timely bill payment is made but the biller nevertheless does not credit your payment promptly after receipt;
- If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process;
- If we or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed;
- If your equipment and/or the software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment;
- If circumstances beyond our or our agent’s control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by billers, fires, floods, and other natural disasters. There may be other exceptions to our liability as stated in your Depositor Agreement.
Disclosure of Account Information to Others
As described below, we may disclose information to third parties about your accounts if:
- We have entered into agreements to have third parties provide certain services or receive your account information. Such Service Providers are required to adhere to SESLOC Federal Credit Union’s standards of security and privacy protection. We will provide the Service Provider with information about your linked accounts, your Services transactions, and your electronic mail messages in order to carry out your instructions;
- It is necessary for completing transfers and bill payments;
- It is necessary to verify the existence and condition of a payment account for a biller or holder of a check issued by use of the Bill Pay services;
- In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
- If you give us your written permission;
- As provided in our Privacy Statement, located at www.sesloc.org.
Computer Equipment and Software Requirements
In order to use SESLOC Online Banking, you must have an Internet Service Provider and a computer containing a supported browser software or have access to such a computer. You are responsible for the installation, maintenance and operation of your computer and your software.
If you access the Services by use of such Equipment, you agree: (1) the software, and any future upgrades, must be loaded and operational on your equipment; (2) to secure your equipment against malware in order to safeguard your information, software, or other materials by, for example, installing and regularly updating virus protection software; (3) that any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
Harm to Computer Systems/Data: You agree that our liability for viruses, worms, Trojan horses, malware, spyware or other similar harmful components (Malware) that may enter your Equipment system by downloading, importing or otherwise obtaining information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material that you obtained from our site. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.
Performance of software and electronic Service: In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages.
WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
To have access to the Services you must be an authorized user of the Software you select, if required for use with the Equipment. You must have at least one eligible personal or nonpersonal deposit, credit, mortgage, or consumer loan account with us. If you close your primary personal or non-personal account, your services will end and any unprocessed payment or fund transfer transactions will be cancelled.
During your enrollment for the Services, you are required to select or will be assigned a User ID and Password. Additional numbers, words, physical devices or other means of authentication may be required at the discretion of SESLOC Federal Credit Union. Use of these Access Codes is the agreed security procedure to access the Services. You agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s). For security purposes we recommend that you do not use the same Access Codes you use on other systems.
Use of Services
In addition to the terms, conditions and information provided in this Agreement, you agree to be bound by other express limitations and restrictions related to the Services provided under this Agreement and elsewhere on www.sesloc.org. Product descriptions, definitions, explanations of uses, and Frequently Asked Questions provided on www.sesloc.org are provided for your convenience only.
If you do not log on or have outstanding scheduled bill payments or transfers through SESLOC Online Banking Service every six months, we may cancel your Service without further notice.
Valid Email Address
In order to use the Services, you must provide us with a valid email address. It is your responsibility to ensure we have a valid email address at all times. You can update your email address on the Internet by logging on to your account at www.sesloc.org or by calling (805) 543-1816.
You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts, products and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debits and references.
Liability for Loss or Erroneous Data
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
Additional Terms and Conditions
- In addition to the preceding, you agree to be bound by and comply with the requirements of these terms and services and applicable state and federal laws and regulations. We agree to be bound by them as well. Your accounts at SESLOC Federal Credit Union, which are accessed by the SESLOC Online Banking Service, continue to be governed by the applicable Membership and Account Agreement, Electronic Fund Transfer Agreement and Disclosures, Rate and Fee Schedule, Funds Availability Policy Disclosures and any other regulations relating to share accounts.
- We reserve the right to terminate your use of the Services, in whole or in part, at any time without prior notice.
- If you cancel your subscription to the Services, you are responsible for all payments and transfers you have requested prior to termination and for all other charges, fees, and taxes incurred. You must cancel outstanding payment and transfer orders before you notify us to terminate the Services. We are not liable for payments not canceled or payments made due to the lack of proper notification by you of service termination.
- These Terms and Conditions, and applicable Services fees and charges may be altered or amended by us. In such event, we shall send notice to you at your listed address or notify you of the alteration or amendment through the Services. Your use of the Services following receipt of such notice constitutes acceptance of such alterations or amendments.
- In the event of a dispute regarding the Services, you and we agree to resolve this dispute by looking to these Terms and Conditions. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account with prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
- No Signature Required. When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California.
Ownership of Materials
The content and information on our site is copyrighted by SESLOC Federal Credit Union and the unauthorized reproduction or distribution of any portions is prohibited.
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
Area of Service
For members who are outside of the U.S., we reserve the right to provide limited access to the Services.
Alert Service Terms and Conditions
The Credit Union offers you the option to set up alerts for your accounts (e.g., low balance, purchase, due date alerts). Enrollment requires that you provide a mobile phone number or email address. You may select the type of alerts and other preferences which will determine, together with your account data, the frequency of alerts delivered to you. This program will be ongoing. Mobile carrier Message and Data rates may apply. You can opt out of this program at any time by logging on to your Account in SESLOC Online Banking and changing your preferences. You understand that Alert Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union. You acknowledge that the Alert Service is provided on an “as is” and “as available” basis.
Money Manager Service Agreement
Use of the Money Manager Service indicates acceptance of terms and conditions set forth in the Membership and Account Agreement, EFT Agreement and disclosure, Online Banking Disclosure, and this Money Manager Agreement and Disclosure (this “Agreement”) as each may be jointly and/or independently amended from time to time. This Agreement governs the use of SESLOC’s financial management tool described herein (Money Manager or the “Service”), which is offered by and through SESLOC Federal Credit Union to each consumer whose application (the “Application”) for the Service is approved. Each reference in this Agreement to “you” or “your” means each consumer who submits the Application for the Service (and refers to all such consumers jointly and severally). Please read this Agreement carefully and keep a copy for your records.
With our fully interactive Money Manager on-line Service, you may monitor any of your financial account relationships from any of your accounts at SESLOC Federal Credit Union or from any other account held by you at another financial institution, referred to in this agreement as “Accounts,” assuming, of course, that the financial institution has the ability to and permits you to release your financial information to Money Manager and SESLOC.
Introduction to Money Manager
“Account” means any of your accounts at SESLOC Federal Credit Union or any other account held by you at another financial institution. “SESLOC,” “we,” “our,” or “us” means SESLOC Federal Credit Union.
“Money Manager” and/or “Service” means the Account management service that SESLOC Federal Credit Union makes available through Geezeo.com. The Service includes analyzing your personal finances through the Account information you provide, and the impact of various strategies on them.
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 our Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering.”
SESLOC 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.
You understand and agree that, at all times your relationship with us and 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 THE SERVICE FROM ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY 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; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; (5) 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.
General Consent; Categories of Records. The Service 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 the Service, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any Customer Service communications, including without limitation 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 are considered to be in writing. You should print a paper 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.
How to Update Your Records. You agree to promptly update your registration records with us if your e-mail address or other information changes.
All of your personal and financial information will be placed on a secure portion of our web site. We have multiple levels of security that have been designed especially for us.
The Service will monitor transactions on business days. Business days are Monday through Friday.
Authorization and Limitations
You authorize us to access your personal financial information for each account you request to include in the Service.
Suspension and Reinstatement of the Service
In the event that we at any time incur a problem with your use of the Service, 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 the Service 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 of the Service 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 of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, 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 the Service. 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 SESLOC 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.
You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile the Service.
No Unlawful or Prohibited Use
As a condition of using the Service, 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 the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
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.
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 banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, such as the automated clearing house (ACH) as published by the National Automated Clearing House Association (NACHA).
If we fail to provide the Service 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 other 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 the Service 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 the Money Manager Service.
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 THE SERVICE IS 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 THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED 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 THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE 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 THE SERVICE, 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 THE SERVICE, 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.
You agree to indemnify, defend and hold harmless SESLOC 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, attorneys’ fees) arising directly or indirectly from: (a) your use of the Service; (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 SESLOC’s Online Banking Service or the Money Manager Service; 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.
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 the Service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at our discretion. Regardless of your receipt of email notification, you agree that our posting of the Amendment on the Online Banking Web site constitutes delivery of your amendment notice. All notices to us must be made in writing and sent to us at SESLOC 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 SESLOC. 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 e-mail address recorded during your Online Banking enrollment. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or 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 the Online Banking Web site 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.
SESLOC is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their PC and diskettes 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.
You may terminate the use of Online Banking or any service within Online Banking by contacting SESLOC in writing by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate. SESLOC may terminate this agreement any time with or without notice.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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 the Service by us.
This Agreement is for the sole and exclusive benefit of members and is not intended to benefit any third party. Member and credit union acknowledge and agree that any party that licenses the Software to the credit union, directly or indirectly through one or more sub-licensees, is a third party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.
This Agreement, the Exhibits and schedules to this Agreement (as may be amended from time to time), constitutes the entire agreement between member and credit union with respect to the subject matter hereof, supersede any prior agreements between credit union and member with respect to the subject matter hereof, and shall be binding upon credit union, member and their respective successors and permissible assigns. In the event of any inconsistency between this Agreement and the Documentation or any Account Agreement, this Agreement will govern.
CONFIRMATION OF AGREEMENT
Please indicate below your agreement to abide by the terms and conditions set forth in SESLOC Federal Credit Union Online Banking Services Agreement and Disclosures.
You agree to accept this Online Banking Services Agreement and Disclosures in the electronic form presented. If you desire a copy and are unable to print a paper copy of this Agreement and Disclosures, you may request a paper copy by calling (805) 543-1816 during regular business hours.