Online and Mobile Banking Agreement
U.S. Eagle Federal Credit Union Online and Mobile Banking Agreement
Please read these Agreements carefully before accessing or using this service. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.
The following Terms and Conditions govern the manner in which U.S. Eagle Federal Credit Union (USEAGLE) will provide Online Banking Services. The words "We," and "Us," and "Our" refer to U.S. Eagle Federal Credit Union ("Credit Union" or "USEAGLE"). The words "You" and Your" refer to each person who signs the application for Online Banking services and each account owner or other person authorized to transact business on any Credit Union account which may be accessed through the USEAGLE Online Banking, Mobile Banking, and Bill Pay Service.
For assistance call 888-342-8766 or 505-342-8888 weekdays 8:30 a.m. to 5:30 p.m. (MST). Mail may be addressed to:
U.S. Eagle Federal Credit Union
P.O. Box 129
Albuquerque, NM 87103-0129
Description of Services
You authorize Us to utilize a third party, to provide the Service to You on Our behalf.
Mobile Banking is a personal financial account management service that allows you to view balances and recent account activity, and conduct certain Transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices (collectively, “Mobile Devices”). U.S. Eagle Federal Credit Union Mobile Banking includes Short Message Service (SMS)/Text Banking (“Mobile Text”), Wireless Application Protocol (WAP) Banking (“Mobile Web”) and Mobile Application Banking (“Mobile App”). We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any Transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. The most up-to-date list of Services which you may be able to access through Mobile Banking is posted on our website at www.useagle.org/bank/online-services/mobile-banking.
Online and Mobile Banking are electronic internet-based services. Therefore, you understand that the Online and Mobile Banking Agreement will be entered into electronically.
- You have the right to have this disclosure provided or made available on paper or in non- electronic form;
- You have the right to withdraw the consent to have the disclosure provided or made available in an electronic form, but this will result in the termination of your Online and Mobile Banking service;
- The consent to receive electronic consumer disclosures applies to all future required consumer disclosures in connection with the Online and Mobile Banking services;
- After clicking the "I Accept" button, you may request a paper copy of this consumer disclosure by calling us at 505-342-8888 or 1-888-342-8766.
- You understand that to access and retain this disclosure and to use the Online Banking service, you must have the following: a personal computer with an Internet browser that has "cookies" enabled and supports 128 bit encryption, an Internet connection for the personal computer, an e-mail address, and either a printer or sufficient electronic space to store this disclosure.
You will be notified 30 days prior to any change in terms of this Agreement on our Online Banking webpage and with your statement.
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 confirmation image, pass phrase, and verification questions. This multi factor authentication process provides you with the assurance that you are on The Credit Union’s official website. It is your responsibility to immediately notify the credit union if you have reason to believe your account, confirmation image, pass phrase, and/or verification questions have 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 Number 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 some 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.
a. To utilize the Mobile Banking service, you must be enrolled in Online Banking.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Online and Mobile Banking. We also reserve the right to modify the scope of the service at any time.
We may offer additional Online and Mobile Banking services and features in the future. Any such added Online and Mobile Banking services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new Online and Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Online and Mobile Banking services we offer without notice, except as may be required by law.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. The credit union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
b. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use the service or your device.
c. Other Agreements. You agree that, when you use Online and Mobile Banking, you remain subject to the terms and conditions of your existing agreements the credit union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this service is also subject to the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
d. Permitted Online and Mobile Banking Transfers. Transactions in Mobile Banking are subject to the terms and limitations disclosed in the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You may transfer or withdrawal up to the available balance in your account at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. The credit union reserves 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. We may process transfers that exceed your available balance at our discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
e. You represent and agree to the following by enrolling for Online and Mobile Banking or by using the Service:
i. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Online and Mobile Banking. You represent and agree that all information you provide to us in connection with Online and Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Online and Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
ii. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Online and Mobile Banking. You agree not to leave your Device unattended while logged into Online or Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Online or Mobile Banking, you are responsible for any transactions they authorize, and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
We make no representation that any content or use of Online and Mobile Banking is available for use in locations outside of the United States. Accessing Online and Mobile Banking from locations outside of the United States is at your own risk.
iii. User Conduct: you agree not to use Online and Mobile Banking or the content or information delivered through Online or Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Online or Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Online or Mobile Banking; (i) interfere with or disrupt the use of Online or Mobile Banking by any other user; or (j) use Online or Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
iv. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Online or Mobile Banking or resell, lease, rent or distribute access to Online or Mobile Banking.
v. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the credit union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (i) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (ii) your violation of any law or rights of a third party; or (iii) your use, or use by a third party, of Online or Mobile Banking.
Mobile Deposit Terms and Agreement Description of Service:
Mobile Remote Deposit is designed to allow you to make deposits of checks (“original checks”) to your accounts from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information (“images”) to us or our processor with your Mobile Device. After you login to Mobile Banking, you may use Mobile Remote Deposit if you are eligible. By accepting the terms and conditions, you acknowledge and accept the rules and requirements of this agreement. The terms of this agreement are in addition to any account agreements, disclosures and other
documents in effect from time to time governing your account including but not limited to the U. S. Eagle Federal Credit Union Membership Application and Agreement and the Online Banking Agreement.
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this agreement, and we will not be obligated to allow such a deposit at other times.
You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand.)
Check Endorsement Requirements:
Prior to scanning a check, you will restrictively endorse the back on the check with your signature and the words “for mobile deposit only”. Checks must be endorsed as written to the payee. Checks must be endorsed within endorsement guidelines. Third party checks may not be accepted for deposit .
You agree that you will not use Mobile Remote Deposit to deposit:
- Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
- Checks payable to you and another party who is not a joint owner on the account.
- Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
Receipt of deposit:
All images processed for deposit through Mobile Remote Deposit will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image. We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images.
Storage, security and destruction/disposal of the original check:
After you receive confirmation that we have received an image, we recommend you securely store the original check for sixty (60) days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within two (2) business days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the sixty (60) retention period expires, destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Rejection of deposits:
After we receive check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such checks. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Credit Union for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us relating to such deposits. We are not liable for any service or late charges that may be imposed against you due to rejection of any check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a check for remote deposit, you must physically deposit the original check.
You make the following warranties and representations with respect to each image; each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate. Your restrictive endorsement is executed as outlined above. You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make a payment based on an item that has already been paid. There are no other duplicate images of the original check. The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check. You are authorized to enforce and obtain payment of the original check you have possession of the original check and no party will submit the original check for payment. With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law:
You will use Mobile Remote Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Limitations of Service:
When using the service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. In the event that Mobile Remote Deposit is unavailable, you may deposit original checks at our branches or through a participating ATM. Some of the services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
Availability of Funds:
You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 5:00 p.m. on a business day that we are open, we consider the day of your deposit. Otherwise, we will consider that the deposit was made the next business day.by the Service, we consider that day to be the day of your deposit. Funds deposited using the Services will generally be made available in two business days from the day of deposit. U. S. Eagle Federal Credit Union may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as U. S. Eagle Federal Credit Union in its sole discretion deems relevant.
Errors and Unauthorized Use:
We will provide you with periodic statements that will identify the deposits that you make through the Service. You must notify us of any errors (or suspected errors) related to the items deposited through Mobile Deposit as soon as possible after they occur, and in no event later than 60 days after the related account statement is sent. Unless you notify us within this time period, the account statement containing the deposits made through the Mobile Deposit is deemed correct, and you cannot bring a claim against us for any alleged errors. You also agree to notify us immediately if you become aware of any loss or theft of, or any unauthorized use of the Mobile Deposit or your security credentials.
Mobile Remote Deposit Security:
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Some types of withdrawals are limited from all savings accounts (including Money Market Fund) to six (6) per month. This limitation allows the Credit Union to comply with Federal Regulation D. During any month, you may not make more than six (6) withdrawals or transfers to another Credit Union account of Yours or to a third-party by means of a pre-authorized or automatic transfer or telephonic order of instruction. Transfers made through the Service are included when computing the permissible number of monthly transfers made. If You exceed these transfer limitations during a month, your payment or transfer may be prevented from taking place and Your account may be subject to closure.
You may view check copies online.
You may request stop payments only on paper checks. Please go to the Online Banking link for Stop Payments and the Disclosure. Stop payment fees will apply, please see the Fees Schedule brochure for details. All payments made via the Services 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 the existence 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.
Care of Your Password:
You agree that You will not give Your Password or make it available to any other person. If You believe Your Password has been lost or stolen or that someone has made payments or transfers using Your Password without Your permission, notify Us IMMEDIATELY by phone anytime during Credit Union Member Service hours.
You are responsible for permissions granted to your account information using the “Authorized Users” functionality. Additionally, granting permissions does not imply account ownership. In person and over the phone transactions will not be allowed without joint ownership on the account(s).
Your Liability for Unauthorized Payments or Transfers:
If You believe that Your Password has been lost or stolen, notify Us IMMEDIATELY as provided above in order to minimize Your possible losses. You could lose all the money in Your Account (plus Your maximum overdraft line of credit, if any). If You believe Your Password has been lost or stolen and You notify Us within two (2) Business Days after You learn of the loss or theft, Your maximum liability will be fifty dollars ($50.) If You do NOT notify Us within two (2) Business Days after You learn of the loss or theft of Your Password, and We can prove that We could have prevented someone from using Your Password if You had told Us in time, Your maximum liability is five hundred dollars ($500.) 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 to You and/or presented online, 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 USEAGLE address or telephone number if You think that 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.
Disclosure of Account Information to Third Parties:
We will only disclose information to third parties about Your Accounts:
- When it is necessary for completing payments or transfers
- In order to comply with a government agency or court order
- If You give Us Your written permission Fee Schedule: You agree to pay Us for any services used and the applicable fees outlined in the Share Truth in Savings Disclosure and Fee Schedule which are published by Us.
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 US Eagle Federal Credit Union, which are accessed by the Online and Mobile Banking , continue to be governed by the applicable Membership and Account Agreement, Electronic Fund Transfer Agreement and Disclosures, Share Truth in Savings 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 wish to cancel Your subscription to the Services, You will be responsible for all payments and transfers You have requested prior to termination and for all other charges, fees, and taxes incurred. BE SURE TO CANCEL ALL OUTSTANDING PAYMENT AND TRANSFER ORDERS BEFORE YOU NOTIFY US TO TERMINATE THE SERVICE. WE WILL NOT BE LIABLE FOR PAYMENTS NOT CANCELED OR 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 communicate notice 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.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New
- Business Days are Monday through Friday excluding Credit Union/banking holidays.
Accountholder’s Indemnification Obligation.
You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.
DISCLAIMER OF WARRANTIES:
YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES
(i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
(iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
WE ARE NOT RESPONSIBLE FOR ANY OTHER LOSS, DAMAGE, OR INJURY, WHETHER CAUSED BY YOUR EQUIPMENT, THE SERVICES, OR ANY TECHNICAL OR EDITORIAL ERRORS CONTAINED IN OR OMISSIONS FROM ANY USER GUIDE RELATED TO THE SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OR YOUR EQUIPMENT, OR THE SERVICES, EXCEPT WHERE THE LAW REQUIRES A SPECIFIC STANDARD.
Zelle Network® Standard Terms
“We”, “Our”, and “Us” shall refer to U.S. Eagle Federal Credit Union.
“You” and “Your” shall refer to the individual member who is agreeing to these terms.
1. Description of Services
- We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”
- Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
- The service is intended to send money to friends, family, and others you trust. You should not use the service to send money to recipients with whom you are not familiar, or you do not trust.
2. Eligibility and User Profile
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
We reserve the right to amend these terms and conditions at any time. You will be provided with the amended terms upon signing into Zelle. Should you continue to use Zelle, it shall be deemed that you have accepted the amended terms.
Debit cards are eligible for enrollment with Zelle. The debit cards enrolled must be issued in conjunction with a U.S. domestic deposit account, which does not include any U.S. territories.
3. Consent to Share Personal Information (Including Account Information)
In agreeing to use the Zelle Network, you agree that some personal information, including your account number, shall be shared with Zelle and other participating financial institutions. These institutions shall keep your information confidential and obey all applicable laws regarding such information.
4. Privacy and Information Security
5. Wireless Operator Data
6. Enrolling for the Service
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
- Once enrolled, you may:
- i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
- ii. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
- If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
- Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees, as message and data rates may apply.
- You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
- In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
- Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
- To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 505-342-8888 or toll free at 888-342-8766. You expressly consent to receipt of a text message to confirm your “STOP” request.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User. We are not liable for any damages resulting from the additional time needed to verify identities or for any time required to meet regulatory obligations. There is no warranty or guarantee that the transfer will occur in any given time.
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
This service is intended for sending money to family, friends, and others whom you trust. You should not use Zelle to send money to persons with whom you are not familiar or you do not trust. Zelle does not offer a protection program for authorized payments made through the service (for example, if you do not receive the goods or services that you paid for, or the goods or services that you received were damaged or otherwise not what you expected.
11. Send Limits
There is a limit on the amount that you may send using Zelle. To alter these limits you must call our service center at 505-342-8888 or toll free at 888-342-8766, verify your identity and the limits may be adjusted for all eligible accounts. Eligible accounts are any consumer accounts to which your Social Security Number is attached.
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
13. Transaction Errors
You agree to confirm all transactions before entering them. However, it is possible that errors may occur. You must inform us and Zelle of any errors occurring in these transactions within one (1) business day of any such error. You agree that such errors shall be dealt with as required by the Membership Agreement. Nothing in this Agreement shall amend or supersede the Membership Agreement.
14. Your Liability for Unauthorized Transfers
You agree that you, and not we, shall be liable for any transfers authorized by you, or which were able to be authorized due to you sharing your password, account number, or any other private data in violation of our Membership Agreement. You agree that you shall be liable for any errors committed by any party with whom you have shared this data. You agree that we shall be liable for any such activities.
15. Liability for Failure to Complete Transfers
We shall have no liability for any transfer which were not completed successfully. You agree that you, not we or Zelle, are responsible for resolving any payment or other disputes that you have with any other User with whom you send money to, or receive or request money from, using the Service.
At this time, there are no fees for the use of Zelle. We reserve the right to change this at any time. If the fees do change, you will be provided with an updated Agreement. You can also view our Fee Schedule at https://www.useagle.org/docs/default-source/disclosures/fee-schedule_final-05-31-22.pdf?sfvrsn=b0dfbc3e_2
17. Use of Our On-line Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with our Online Banking and Mobile Agreement, which are available at https://www.useagle.org/us-eagle/about-us-eagle/disclosures/online-and-mobile-banking-agreement incorporated into and made part of this Agreement by this reference.
18. Cancellation of the Service
You may cancel services at any time by calling the service center at 505-342-8888 or toll free at 888-342-8766. We reserve the right, but assume no obligation, to terminate your ability to use Zelle, if we deem your actions to be potentially unlawful, abusive, offensive, or unwelcome or for any reason at all at our sole discretion.
19. Disclaimer of Warranties
Except as otherwise provided herein, and subject to applicable law, Zelle makes no express or implied warranties, representations, or endorsements whatsoever with respect to the service. Zelle expressly disclaims all warranties of any kind, express, implied, statutory, or otherwise, including but not limited to, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement, with regard to the service described or provided. ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
20. Limitation of Liability
Except as otherwise provided herein and subject to applicable law, in no event will Zelle, its owners, directors, officers, agents, or Network Banks be liable for any damages whatsoever, including but not limited to any direct, incidental, consequential, special, exemplary, or other indirect damages arising out of (1) any transactions conducted through or facilitated by the service; (2) any claims attributable to errors, omissions, or other inaccuracies in the services described or provided; (3) unauthorized access to or alteration of your transmissions or data; or (4) any other matter relating to the services described or provided, even if Zelle has been advised of the possibility of such damages. If you are dissatisfied with Zelle’s 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 for consequential or incidental damages may not apply, any liability of Zelle, its owners, directors, officers, and agents or the Networks Banks liability 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)
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
22. Governing Law; Choice of Law; Severability
The laws of the state of New Mexico and the applicable federal laws of the United States (without giving effect to any conflicts of law principles in either case) govern all matters arising out of or relating to this Agreement and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Any Party bringing a legal action or proceeding against any other Party arising out of or relating to this Agreement and all transactions it contemplates shall bring such legal action or proceeding in the Bernalillo County, Second Judicial District Court, state of New Mexico (the “Forum”). Each Party waives, to the fullest extent permitted by law: (i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement and all transactions it contemplates brought in the Forum ; and (ii) any claim that any action or proceeding brought in the Forum has been brought in an inconvenient forum. If it is held by a court or other lawful authority of competent jurisdiction that any term, provision, covenant, or condition of this Agreement is illegal, invalid, or unenforceable, in whole or in part, such provision will be ineffective to the extent of such illegality, invalidity, or unenforceability without invalidating the remainder of such provision or the remainder of this Agreement; such remaining provisions will continue in full force and effect, provided the effectiveness of the remaining portions of this Agreement will not defeat the overall intent of the Parties.
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.