Terms, Conditions and Disclosures for Anywhere Access
TABLE OF CONTENTS
I. About the Anywhere Access Services
II. Your Rights and Obligations
III. Our Rights and Obligations
IV. Disclaimers
V. General Provisions
VI. Electronic Disclosures Consent
In these TERMS, CONDITIONS, AND DISCLOSURES, the words "we," "us," "our," and "Credit Union" refer to TEXAR Federal Credit Union. The words "you" and "your" refer to each person or business registering for the Anywhere Access service (the “Service”) and each account owner or other person that you authorize to access any TEXAR Federal Credit Union service that may be accessed by way of the TEXAR Federal Credit Union Internet Anywhere Access. By using the Service or by authorizing anyone else to use the Service, you agree to be bound by these Terms, Conditions, and Disclosures and applicable state and federal laws and regulations. Your authorization will remain in effect until revoked by either you or us in writing. If you revoke your authorization, the revocation will not be effective until we have received your written revocation and we have had a reasonable time to act on it. In addition to these Terms, Conditions, and Disclosures, your use of the Service is subject to and governed by the TEXAR Federal Credit Union Deposit Agreement and Disclosures, including our Electronic Funds Transfer Services Agreement and Disclosures and the terms, conditions and disclosures for any service you may access through the use of Anywhere Access. Please refer to those agreements and the provision that appears below for important information about your obligation to safeguard your user-defined password ("Password").
I. ABOUT THE ANYWHERE ACCESS SERVICES
The Anywhere Access services allows you to access account information from your TEXAR accounts and from certain third-party account providers. In some cases, access to other services may be granted based upon the authentication of your identity through Anywhere Access and will not require additional authentication. Some services may require the use of additional authentication. The Service is not sponsored or endorsed by any third-party whose content is made available through the Service.
A. Computer Equipment and Software. To use Anywhere Access, you will need computer hardware, software, and services sufficient to enable you to access the Internet, including an Internet service provider and a browser that is SSL compliant such as Microsoft® Internet Explorer 5.x or greater or Netscape® Navigator 4.x or greater. Both browsers are available for download from the TEXAR Federal Credit Union web site (www.texarfcu.org).
B. New Services. We may, from time to time, introduce new Services or enhance the existing Service. We will notify you when these new or enhanced Services are available. By using these Services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures as well as any additional terms, conditions, and disclosures we provide to you.
C. Confidentiality. We respect your privacy. As always, we pledge to keep your information private and secure. For more information on our privacy practices, please refer to our Website Privacy Policy, which is available on our website at http://www.texarfcu.org. In general, we will only disclose information to third parties about your account or the transfers you make: (i) where it is necessary for completing transfers, or (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) in order to comply with government agency or court orders, or (iv) if you give us your written permission.
D. Third-party Content. The Service is provided as a convenience only. We do not sponsor or endorse any content or web links provided by third parties through the Service. While we generally do not make efforts to prescreen third-party content, we reserve the right (but we do not have a duty) to control the content made available through the Service. You agree that you must evaluate and bear all risks associated with the use of any third-party content or links accessed through the Service. You agree to read and abide by the privacy policies and terms of use of any third-party site accessed through the Service. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, product, service, or link available on any unaffiliated web site. If you use the Service to access third-party information about securities and other investments, you acknowledge and agree that such information is provided for informational purposes only and does not constitute a recommendation from us. Third-party investment products accessed through the Service (i) are not federally insured, (ii) are not Credit Union obligations, (iii) are not guaranteed by the Credit Union or any affiliated entity, and (iv) may involve investment risks, including the possible loss of principal.
E. Service Limitations. We will make every effort to make your Service experience a positive one. Due to technical limitations outside of our control, however, we are not responsible for Service problems that may cause a loss of data, personalized settings, or other disruptions. You agree that the Service is provided "as is" with no warranties of any kind.
F. Service Changes and Discontinuation. We may change these Terms, Conditions, and Disclosures, and any applicable fees and charges, at any time and we will notify you of any such change. Your use of the Service following receipt of such notice constitutes acceptance of any such change. We also reserve the right to change the features of the Service or discontinue any aspect of the Service in whole or in part at any time without notice. If you add a service after you have registered for the Anywhere Access Service, you agree that these Terms, Conditions, and Disclosures will apply to any such service added along with the terms, conditions, and disclosures that may be provided in connection with any such additional service.
II. YOUR RIGHTS AND OBLIGATIONS
A. Password Security. When you use the Service, you will have access via the Internet utilizing your user-defined Password. Other services such as PowerPay, TEXAR eStatement coming soon), and GoToMyCard.com may also be available through Anywhere Access if you subscribe to those services with us. It is extremely important for you to realize that, if you subscribe to Anywhere Access as well as the Anywhere Mortgage Access Home Banking Service, anyone to whom you disclose your Password will have access to any account that you could access through your use of the Service. It is your responsibility to safeguard your Anywhere Access Password.
You agree to notify us immediately at the address and telephone number below and to change your Password if you believe that it has been lost, stolen, or if you believe an unauthorized person knows your Password. Additionally, if you believe your user ID and password for any third-party account made available through the Service has been lost or stolen or otherwise compromised, you agree to notify the third-party account provider immediately. You agree to take measures at all times to prevent any person from having access to your Password other than those to whom you provide your express authorization. If you provide your Password to any other person, you agree that you will instruct them to keep it strictly confidential. Any person having access to your Password will be able to access the Service and perform all functions and features available through any additional services to which you may have subscribed or which may be provided as part of the Service.
B. Information Provided by You. You agree at all times to provide us with accurate, current, and complete information regarding you and your accounts. If this information changes, you agree to update us promptly. You may not misrepresent your identity or account information to the Service.
C. Use of the Service. You may use the Service and Service content only as provided in these Terms, Conditions, and Disclosures. You agree not to use the Service for any illegal, unauthorized, or otherwise disruptive purpose. Payments to federal, state, or local tax agencies, court directed payments, or payments to settle securities transanctions via PowerPay is prohibited. You can only pay payees with United States addresses using the PowerPay service.
D. Proprietary Rights. The Service may contain proprietary information that is protected by law. For this reason, you agree not to make commercial use of or create derivative works based on the Service. You may not reverse engineer, reverse assemble, or otherwise attempt to discover any of the technology associated with the Service.
III. OUR RIGHTS AND OBLIGATIONS
A. Use of Your Information. You authorize us to use the information you give to us without limitation or compensation for the sole purpose of providing the Service to you. When we access your information in third-party sites, you acknowledge and agree that we are acting as your agent and not the agent of the third party
B. Termination. We reserve the right to terminate your use of the Service, in whole or in part, at any time without prior notice. We may terminate your use of the Service without prior notice after 120 days of inactivity. You may re-register at any time and restore service after termination of Service for inactivity. If you wish to cancel your subscription to the Service, you must notify us in writing of the cancellation. Cancellation of Anywhere Access will not cancel any services which you may access through Anywhere Access, including but not limited to, GoToMyCard.com and e-statements. You must cancel those services separately according to the terms, conditions, and disclosures of those services.
IV. DISCLAIMERS
A. Warranty Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS ONLY. NEITHER WE NOR ANY OF OUR SUBSIDIARIES, SOFTWARE SUPPLIERS, NOR ANY INFORMATION PROVIDERS, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER, OR THE SERVICE INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING LOSS OF DATA OR OTHERWISE,THAT RESULTS FROM DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL.
3. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
4. NO ADVICE OR INFORMATION OBTAINED FROM US OR FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, CONDITIONS, AND DISCLOSURES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE, OR INJURY TO YOU OR YOUR COMPUTER SYSTEM, WHETHER CAUSED BY YOUR EQUIPMENT, OR THE SOFTWARE, OR THE SERVICE. WE WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE, OR THE SERVICE (EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR RESULTING FROM: (I) THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
V. GENERAL PROVISIONS
A. Our Business Days. Our business days are Monday through Friday. Holidays observed by TEXAR Federal Credit Union are not included.
B. Customer Service Information. Questions concerning the Service should be directed to TEXAR Federal Credit Union (888) 832-8937 during business hours of 8:00 AM to 5:00 PM Monday through Friday. Mail may be addressed to:
TEXAR Credit Union
Attn: Internet Home Banking Department
P.O. Box 6085
Texarkana, Texas 75505-6085Or you may send an email to TEXAR directly from the “Anywhere Access” web site or www.texarfcu.org.
If you believe your Password has been lost or stolen, you should change your password on Anywhere Access immediately. If you believe that someone has transferred or may transfer money from your account without your permission, call:
(903) 223-0000
or (888) 832-8937
or write
TEXAR Federal Credit Union
P.O. Box 6085
Texarkana, TX 75505-6085
ATTN: Internet Home Banking Department
For business accounts, written notification is required.
C. Indemnity. You agree to indemnify and hold us, our affiliates, and service providers harmless from any and all claims, liability, damages, expenses, and costs (including reasonable attorney's fees) arising out of your use of the Service, any breach of these Terms, Conditions, and Disclosures by you, or any infringement of any person's property or other rights by you.
D. Governing Law. These Terms, Conditions, and Disclosures shall be governed by and construed in accordance with the laws of the State of Texas to the extent not pre-empted by applicable federal law.
VI. ELECTRONIC DISCLOSURES CONSENT
By agreeing to these Terms, Conditions and Disclosures and registering for this Service, you consent to receive electronically all notices, disclosures, agreements and communications from us about Anywhere Access and any of the products or services that you access or for which you may apply through Anywhere Access, together with any amendments we may make from time to time to any such disclosures or agreements. Your consent includes any disclosures that we may make in connection with, for example, opening and maintaining accounts with us, loan applications and extensions of credit, electronic funds transfer and home banking services and our privacy policy.
After you consent, you may request a free paper copy of any required disclosures you have agreed to receive electronically by writing us at TEXAR Federal Credit Union, P.O. Box 6085, Texarkana, TX, 75505-6805, or by calling us at (903) 223-0000, or (888) 832-8937, or by emailing us at info@texarfcu.org, Copies of Terms, Conditions and Disclosures are also available at www.texarfcu.org. You may withdraw your consent to receive future electronic disclosures anytime by emailing us at info@texarfcu.org. However, If you withdraw your consent, you will no longer be eligible to utilize the Anywhere Access service. Your withdrawal of consent will become effective after we have received it and have had a reasonable opportunity to act on it.
If your email address or any of your other contact information on file with us changes, you must provide your updated information to us via the Update Personal Information form on Anywhere Access or by mailing the changes to TEXAR Federal Credit Union, P.O. Box 6085, Texarkana, TX 75505-6085. Please include your name and account number when contacting us.
To access the disclosures you have agreed to receive electronically, you will need a computer with a working Internet connection and a minimum web browser version of Internet Explorer 4.0 or Netscape Navigator 4.0. In order to retain the disclosures, you will need a printer or at least 30 KB of available space on your hard drive.
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