Agreement and Disclosure for Vibe Credit Union's Internet Banking Service
This Agreement governs the use of Vibe Credit Union's Internet Banking Service also referred to as "Online Banking" or "Mobile Banking", jointly referred to as the "Service" provided by Vibe Credit Union. By using the Service to conduct transactions, you agree to the terms of this Agreement.
As used in this Agreement, "account" and "accounts" mean the Vibe Credit Union account in which you are either the owner or joint owner. "Loan account" and "loan accounts" mean any loan you have with Vibe Credit Union. "You," "your," and "yours" mean the person(s) using the Service. "We," "our," "us," and "Financial Institution" refers to Vibe Credit Union, the financial institution that holds your accounts.
Deposit and Credit Agreements
Unless specified otherwise, the terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account disclosures and agreements you have with us in the event of a conflict.
In order to use the Service, you will need a computer, tablet, or mobile device with internet access (in this Agreement, your computer, tablet, or mobile device and the related equipment are referred to as your "Computer") a web browser or mobile device app, a member number, as well as Internet Banking User ID and password. The User ID and password are the confidential personal information you use to access your account(s) through the Service.
As browsers are updated over time, older versions may not function effectively for Vibe Credit Union's Internet Banking Services. It is your responsibility to upgrade your browser, when it becomes apparent it is needed, to ensure that you can continue to access the Service. You should also understand that use of a current browser with vendor recommended security patches is considered a best security practice.
You are responsible for the installation, maintenance, and operation of your Computer, browser, and the software. Vibe Credit Union is not responsible for any errors or failures from any malfunction of your Computer, the browser, or the software. Vibe Credit Union is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.
To begin using the Service, you must have at least one Vibe Credit Union personal account and an Internet Banking PIN. You will be required to create a unique User ID and Password when you first login to the Service. Through the Service, you will have access to any of your Vibe Credit Union savings and checking accounts or loan accounts. Vibe Credit Union reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances.
Personal Identification and Security
Your Internet Banking User ID and Password are required to access Vibe Credit Union's Internet Banking functions. You agree not to give or make your login credentials available to any unauthorized individual. If you believe your User ID and Password have been lost or stolen, someone has attempted to use the Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify us immediately (see Contact Information below). Vibe Credit Union does not maintain a record of your User ID and Password. If you lose or forget your User ID and/or Password, you may use the "forgot password" option on the Internet Banking login page or you can contact us immediately so that we can reset your confidential User ID and/or Password.
Description of Internet Banking
The Service allows you to perform some or all of the following functions from your computer, tablet, or mobile device:
Online Account Access Functions and Limitations of Transfers
You may use the Service to (a) transfer funds between your accounts; (b) obtain account balances; (c) obtain history and transaction information on your accounts; and (d) obtain loan account balance information. These features are limited to the extent, and subject to the terms, as noted below.
Your ability to transfer funds between certain accounts is limited by federal law, account disclosures (Truth in Savings, Fee Schedule) or loan agreement. You should refer to these disclosures and agreements for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Service are counted against the permissible number of transfers described in the account disclosures and loan agreements.
Your Liability for Unauthorized Transfer
Tell us AT ONCE if you believe your account information, User ID and/or Password has been lost or stolen. Contacting us by telephone is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit and open-end credit). If you believe your account information, User ID and/or Password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your account information, User ID and/or Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your account information, User ID and/or Password, and we can prove we could have stopped someone from using your account, User ID and/or Password without your permission (if you had told us), you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost, if we can prove that we could have stopped someone from taking the money had you told us in time.
Errors and Questions
Call us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Your inquiry must include:
If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We will generally tell you the results of our investigation within 10 business days of the receipt of your complaint or question (20 business days if the transaction involved an account opened within the past 30 days). If we need more time, however, we may take up to 45 days. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
When you access the Service to conduct transactions, the information you enter may be recorded. By using the Service, you consent to such recording.
No Signature Required
When using the Service to conduct transactions, you agree that Vibe Credit Union may debit your account to complete the transactions or honor debits for which you have not signed.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or transfers you made only in the following situations:
You will not be charged for the account inquiry features or to transfer funds between your Vibe Credit Union accounts using the Internet Banking Service. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the account disclosures and loan agreement.
Alterations and Amendments
The terms of this Agreement, applicable fees, and service charges may be altered or amended by Vibe Credit Union at any time. In such event, we shall send notice to you either at your address as it appears on our records or by online notice through the Service. Any continuation of the Service after we send you a notice of change will constitute your agreement to such change(s). Furthermore, Vibe Credit Union may, from time to time, revise or update the program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, Vibe Credit Union reserves the right to terminate this Agreement as to all such prior versions of our programs, services, and/or related material(s) and limit access to our more recent versions and updates of the Service.
You may change your address through the system. You agree to promptly notify Vibe Credit Union of any unauthorized address change.
Termination or Discontinuation
The use of the Service does not require enrollment on your behalf; therefore, termination of the Service by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
Vibe Credit Union reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. Vibe Credit Union is obligated to notify you promptly if it is decided to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.
In the event of a dispute regarding the Service, you and Vibe Credit Union agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and Vibe Credit Union, which supersedes any proposal or prior agreement, verbal or written, and any other communications between you and Vibe Credit Union relating to the subject matter of this Agreement. If there is a conflict between what one of Vibe Credit Union's employees says and the terms of this Agreement, the terms of this Agreement have final control.
Third Party Websites. The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service or any other services provided in connection with it is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
You may not assign this Agreement to any other party. Vibe Credit Union may assign this Agreement to any present or future, directly or indirectly, affiliated company. Vibe Credit Union may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
Vibe Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Vibe Credit Union. No delay or omission on the part of Vibe Credit Union in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by the laws of the State of Michigan and by applicable Federal laws and regulations.
You agree to accept this disclosure online rather than a paper disclosure. We recommend that you print the entire Agreement and Disclosure for your records.
Terms and Conditions Agreement for Vibe Credit Union's Internet Bill Pay Service
In addition to the Internet Banking Disclosure above, if you decide to use the Internet Bill Pay Service, you acknowledge and agree to the following terms and conditions of service.
Note: All references within this section to the terms "Payment Service" and/or "Service" reflect the Internet Bill Pay Service offered by Vibe Credit Union.
Bill Pay Service
I acknowledge electronic receipt of the Terms and Conditions Agreement ("Agreement") associated with Vibe Credit Union's Internet Bill Pay Service and agree that I have read and will abide by this agreement. I also agree Vibe Credit Union does not need to provide me with an additional paper (non-electronic) copy of this Agreement unless specifically requested. Furthermore, I understand that a copy of this Agreement can be printed by using my browser's print command and a printer.
Use of a Third-Party Bill Pay Service Provider
Fiserv CheckFree is the third-party Bill Pay Service provider that Vibe Credit Union has contracted with in order to provide Bill Pay Service to its members. Fiserv CheckFree will be processing bill payments. Accordingly, the term "CheckFree" represents the member service provided by Fiserv CheckFree to Vibe Credit Union. Vibe Credit Union, at its sole discretion, reserves the right to change internet Bill Pay Service providers.
Enrollment Request for the Internet Bill Pay Service
Vibe Credit Union reserves the right to refuse enrollment in the Internet Bill Pay Service to any member who does not meet the Internet Bill Pay Service qualification criteria which has been established by Vibe Credit Union and/or CheckFree. Included in the criteria is a requirement that subscribers to this service must live within the United States, its possessions, or territories.
Internet Bill Pay Service
As used in this Agreement, the term "Payee" means the vendor, biller, person or entity to whom you wish a bill payment to be directed; "Payment Instructions" means the information provided by you to the Service for a bill payment to be made to your Payee (e.g., Payee name, account number, payment amount, payment date, etc.); "Payment Account" means your Checking Account and, in the instance of non-sufficient funds and/or an overdrawn account, any applicable share account or available balance on line of credit accounts (e.g., line of credit overdraft accounts) at Vibe Credit Union, from which all bill payments may be made and/or such funds collected; "Business Day" means Monday through Friday, excluding Federal holidays; "Process Date" means the Business Day of your choice upon which your bill payment will be processed (Note: the Process Date must be prior to your bill or invoice due date); and "Cutoff Time" means 9:00 p.m. Eastern Time on any Business Day, and is the time by which you must submit Payment Instructions to have them considered entered on that particular Business Day.
By providing the Payment Service with the names and account information of those entities and/or persons to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives from you or your authorized user through the Internet Bill Pay Service. When the Service receives a payment instruction, you authorize it to debit your Payment Account and remit funds on your behalf so that the funds arrive as close to the Business Day designated by you as soon as reasonably possible.
It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. Payment instructions entered after the Cutoff Time or on a non-Business Day will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein, and the Service fails to send a payment according to the Payment Instructions received, the Service will bear responsibility for all late charges. In any other event, including but not limited to choosing a Process Date which is before the due date or on or past the due date stated on your invoice or bill, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be your responsibility.
A bill payment is "In Process" starting at the Cutoff Time on the Process Date. A bill payment is a "Pending Payment", starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "In Process" on the Business Day you selected as the scheduled Process Date. A payment is considered "Completed" when CheckFree issues the payment either by check or electronically. You may cancel or edit any Pending Payment (including recurring bill payments) by following the directions provided on the Internet Bill Pay system Online Help. There is no charge for canceling or editing a Pending Payment. Please note: we may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is "In Process" and it is not possible to stop or cancel a payment which is "Completed." If you desire to cancel or stop any payment which is "In Process", you must call Vibe Credit Union at 248-735-9500. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such a stop payment order. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. The charge for each stop payment order will be the then current charge for such service as disclosed in our Fee Schedule. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
Provided none of the foregoing five (5) exceptions to the Service's performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment account or causes funds from your Payment Account to be directed to a person or entity which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to the proper recipient any previously misdirected payments or transfers.
Payment will be made to your Payee either electronically via the Automated Clearing House (ACH) or by check. The method of payment depends upon the processing method that can be accommodated by the Payee or CheckFree (e.g., some Payees are unable to accept electronic payments).
The payment may be deducted from your Payment Account by two methods depending upon the amount of the payment and your credit history. The two methods are: 1.) Via an electronic debit through the Automated Clearing House Association (ACH) or 2.) Via a check drawn on your Payment Account and processed through the Federal Reserve System (as if you had written a check drawn upon your Checking Account.) All bill payments debited from your account will appear on your monthly Statement of Account and under the "BILL PAY HISTORY" section of the Internet Bill Pay Service on Vibe Credit Union's Internet Banking System. ACH debits will reflect the name of the Payee (e.g., XYZ Utility Company) as well as the date and amount; payments by check will be reflected on your statement with a date, payee and address, and amount. All payments can be viewed with the Payee's name, payment amount and payment date by reviewing your recent payment history under the electronic Payment List option provided to you as part of the Internet Bill Pay Service.
The following payment types are prohibited through the Service:
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND OR THE SERVICE.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
User ID/Password and Security
To access the Internet Bill Pay Service you will need to login to Vibe Credit Union's Internet Banking System and then click on Bill Payment. You agree not to give or make available your Vibe Credit Union Internet Banking account login credentials (member number or alternate login name, and password) to any unauthorized individuals. You are responsible for all bill payments you, and your Internet Bill Pay authorized user, authorize using the Service. If you permit other persons to use the service or your Vibe Credit Union account login credentials (even though you have agreed not to disclose this information), you are responsible for all transactions they authorize. If you believe that your Vibe Credit Union Internet Banking login credentials have been lost, stolen or compromised, or that someone may attempt to use the service without your consent or has transferred money from your account by accessing your account without your permission, you must notify Vibe Credit Union at once by calling us during business hours.
You also agree that Vibe Credit Union may revoke your Internet Bill Pay and/or Internet Banking account access services if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the account login credentials belonging to you and/or your authorized user. Further, you agree that, if Vibe Credit Union is notified that you have included the financial institution in the filing of a petition of bankruptcy, Vibe Credit Union may revoke or refuse to grant you Internet Bill Pay Service and/or Vibe Credit Union Internet Banking account access to your account.
Your Liability for Unauthorized Transfers
If you tell us within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your Vibe Credit Union Internet Banking account login credentials have been lost, stolen, or compromised, you can lose no more than $50.00. If you fail to notify us within (2) Business Days after you learn of unauthorized access to your account(s) and/or that your Vibe Credit Union Internet Banking account login credentials have been lost, stolen, or compromised, and we can prove that we could have prevented the unauthorized access to your account(s) or use of your Vibe Credit Union Internet Banking account login credentials had you notified us, you could lose as much as $500.00. If your monthly statement or your online account details reflect any transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was made available to you, you may not get back any money you lost after the 60 days, provided that we can prove that we could have stopped someone from taking money if you had told us in time.
Errors and Questions
In case of errors and questions about your electronic transfers or payments, as soon as you can, you should:
If you think that your statement is wrong or you need more information about a bill payment listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement on which the problem or error appeared was made available to you. You must:
If you tell us verbally, in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing verbal notification.
We will tell you the results of our investigation within ten (10)* Business Days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will re-credit your account within ten (10)* Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not re-credit your account.
If we determine there was no error, we will send you a written explanation within three (3) Business Days after we finish the investigation. We may revoke any provisional credit provided to you if we find that an error did not occur. You may ask for copies of documents which we used in our investigation.
Disclosure of Account Information to Third Parties
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transfers you make ONLY in the following situations:
Charges or Fees
There are no monthly service fees associated with using Vibe Credit Union's Internet Bill Pay Service. Please note: Your Vibe Credit Union loan accounts may not be paid by using the Internet Bill Pay Service, but instead may be paid by using the transfer/payment option on Vibe Credit Union's Internet Banking Service or by automatic transfer from your Vibe Credit Union Checking or Savings accounts at no charge.
Additionally, charges for other transactions and optional services (e.g., Non-Sufficient Funds or Stop Payment Fees) are specified in Vibe Credit Union Fee Schedule which can be found on our website at vibecreditunion.com. You agree to pay such fees and charges, and authorize the Service to charge your designated Payment Account for these amounts and that may be incurred by you. Any fees associated with your savings or loan accounts will continue to apply.
You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone utility and/or Internet Service Provider.
In the Event a Service Transaction Is Returned and/or Overdraws Your Payment Account
In using the Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In these cases, you agree that a non-sufficient funds (NSF) fee will be charged in accordance with Vibe Credit Union's established and published fees. Furthermore, you also agree that an Overdrawn fee may be charged to your account even if the payment is not returned but is paid and overdraws your Payment Account.
By enrolling for and using this Internet Bill Pay service you agree that Vibe Credit Union has the right to transfer funds from your available balance on your line of credit account as well as from all of your accounts to recover funds for all payments that have been requested to be paid by you and your authorized user; this includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner.
Alterations and Amendments
The terms of this Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall send notice to you at your address of record or by secure electronic message via Vibe Credit Union's Internet Banking service. Any use of the services after the service sends you a notice of change will constitute your agreement to such change(s). Furthermore, the Service may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the Internet Bill Pay programs, services, and/or related material and limit access to the Service's more recent revisions and updates.
You agree to promptly notify Vibe Credit Union in writing of any required address change. However, you can update your address through Online Banking by selecting the option - My Settings. You also agree to promptly notify Vibe Credit Union of any unauthorized address change.
Termination or Discontinuation
In the event you wish to discontinue the Bill Payment Service, you must contact Vibe Credit Union ten (10) days prior to the actual service discontinuation date. You must request the service discontinuation by written correspondence sent via fax or U.S. mail. Written notice must be signed and sent to:
Vibe Credit Union may terminate the Bill Payment Service to any individual at any time with cause, but without advance notice. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
The Service reserves the right to refuse to pay any person or entity to which you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court-related payments or payments outside the United States and its possessions/territories (American Samoa, Guam, Marshall Islands, Micronesia, N. Mariana Islands, Palau, Puerto Rico and the Virgin Islands), which are prohibited under this agreement.
Through your enrollment in the Internet Bill Pay Service, you agree that Vibe Credit Union (or its third-party bill pay service provider) reserves the right to request a credit agency report and/or a review of your credit rating at its own expense through an authorized credit agency/bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems.
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, verbal or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what one of the Service's employees says and the terms of this Agreement, the terms of the Agreement shall control.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third-party service providers.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for the Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflicts of law provisions.
End User License Agreement for Vibe Credit Union's Money Management Tool
In addition to the above content, if you decide to use the Money Management tool, you acknowledge and agree to the following terms and conditions of service.
This User Agreement contains the terms and conditions for your use of digital money management tools and services that we may provide to you and that involve accessing third party account information ("Services"). Hereinafter, "you" or "your" means the end user of the Services ("User") and "us," "we," "our," or "Financial Institution" refers to the financial institution who provides User access to the Services. Digital Insight Corporation, NCR Corporation (parent of Digital Insight), and MX Technologies, Inc. (collectively, the "Providers") are intended third party beneficiaries of this User Agreement and are entitled to enforce its terms.
(i) User will follow the standard operating procedures, including without limitation security procedures, with respect to use of the Services.
(ii) User agrees to allow Digital Insight Corporation, its successors and assigns, and its and their third party services providers access and use of such Users' data, including Aggregated Data and Nonpublic Personal Information, as necessary for the provision of the Services. As used herein "Aggregated Data" means User Data and information that has been stripped of all personally identifiable information. "User Data" for purposes of this definition, means User account information, account access information and registration information as provided by Users. Nonpublic Personal Information means information concerning Users and their past or present accounts; information falling within the definition of "nonpublic personal information" or "personally identifiable financial information" under Regulation P, 12 C.F.R. 216, or under the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq.; or information otherwise considered privileged, confidential, private, nonpublic or personal and/or given protected status under any federal or state law.
(iii) Financial Institution has no liability to User or other third parties relating to any delays, inaccuracies or incomplete Services caused by the failure of Financial Institution to properly or timely meet its obligations or requirements in connection with the Services.
(iii) User shall determine and be responsible for the completeness, authenticity and accuracy of all such information submitted to the Services.
Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Content You Provide. Your use of the Services is your authorization for Financial Institution or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service provider may store, use, change, or display such information or create new content using such information.
Power of Attorney. You grant Financial Institution and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
Third Party Accounts. With respect to any third party sites we may enable you to access through the Services or with respect to any non-Financial Institution accounts you include in the Services, you agree to the following:
Limitations of Services. When using the Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User Agreement. Your continued use will indicate your acceptance of the revised User Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers, including their affiliates, to conduct certain analytical research, performance tracking, marketing and marketing program activities, and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties. Notwithstanding any other provision of this User Agreement, use of data collected through your use of the Services for marketing and marketing program activities may include targeted marketing, meaning that specific marketing activities may be directed to a group of users, where each user meets certain pre-defined categories or characteristics. For example, a targeting marketing activity may issue a display ad for a group of users, where each user is identified as having an open credit card account through a financial institution.
Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institutions or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third party services providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institutions nor its third party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
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, AND OUR SERVICE PROVIDERS, 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 NONINFRINGMENT. WE, AND OUR SERVICE PROVIDERS, 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 SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESOPNSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITITION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Other Items. You may not assign this User Agreement. A determination that any provision of this User Agreement is unenforceable or invalid shall not render any other provision of this User Agreement unenforceable or invalid.
End User License Agreement for Vibe Credit Union's Purchase Rewards
In addition to the above content, if you decide to use the Purchase Rewards application, you acknowledge and agree to the following terms and conditions of service.
License Grant and Restrictions
You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use Purchase Rewards (the "PR Service") solely to benefit from your debit card purchases.
In addition to Purchase Rewards, the term "PR Service" also includes any other programs, tools, internet-based services, components and any "updates" (for example, PR Service maintenance, help content, bug fixes, or maintenance releases, etc.) of the PR Service if and when they are made available to you by us or by our third party vendors. Certain PR Services may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Purchase Rewards program; (iii) permit any third party to benefit from the use or functionality of the PR Service, or any other services provided in connection with it, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the PR Service, use any tool to enable features or functionalities that are otherwise disabled in the PR Service, or decompile, disassemble, or otherwise reverse engineer the PR Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the PR Service or any services provided in connection with it, prevent access to or the use of the PR Service or any services provided in connection with it by other licensees or members, or impose an unreasonable or disproportionately large load on the infrastructure while using the PR Service; or (vii) otherwise use the PR Service or any services provided in connection with it except as expressly allowed under this license grant.
The PR Service is protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
Your Information and Account Data with Us
You are responsible for (i) maintaining the confidentiality and security of your User ID(s), access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the PR Service or any services provided in connection with it, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the PR Service or any services provided in connection with it (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the PR Service or any services provided in connection with it, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the PR Service or any services provided in connection with it (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the PR Service or any services provided in connection with it to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, comprising financial account balances and other financial account data, which we collect and store, or which is collected and stored on our behalf by third party vendors, together with other aggregated data collected by third parties, to conduct certain analytical research, performance tracking and benchmarking, and help us to create new offerings and services for our members. We, or third parties acting on our behalf, may use the aggregated data to publish summary or aggregate results relating to metrics comprised of research data from time to time, and distribute or license such anonymous, aggregated research data to third parties for purposes of helping us improve our products and services and assist in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
We may make additional offerings and online banking services available to you, some of which may rely on aggregated banking information maintained in your accounts. You will have the opportunity to participate in the services if you choose. Automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
If you decide you wish to participate in the Purchase Rewards program, you acknowledge and agree to the following terms and conditions of service.
You will earn rewards for your participation in the Purchase Rewards program based on total purchases. If you participate in Purchase Rewards, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards deposit account which is associated with the Purchase Rewards program.
You must use the debit card associated with the Purchase Rewards account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates, or other payment types.
Purchases must be made as indicated in the offers made available under the Purchase Rewards program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact us if you believe you have made a qualifying purchase for which you did not receive rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
Third Party Services
In connection with your use of the PR Service or any other services provided in connection with it, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we, and the third parties or merchants acting on our behalf, shall not use or keep any of your personally identifiable information.
Third Party Websites
The PR Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the PR Service or any other services provided in connection with it is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.