Liability for Unauthorized Access. Subject to the terms of your Consumer or Business (as applicable) Membership and Account Agreement, you are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Empower Online Banking Service or your Online Banking credentials, you are responsible for any transactions they authorize or conduct on any of your accounts. NOTE: BECAUSE THE ONLINE BANKING SERVICE IS A FAST AND EASY WAY TO TRANSFER MONEY, THIRD PARTIES MAY ATTEMPT TO FRAUDULENTLY OR IMPROPERLY OBTAIN ACCESS TO YOUR ACCOUNT OR CAUSE YOU TO SEND MONEY FROM YOUR ACCOUNT. EMPOWER IS NOT RESPOSIBLE FOR TRANSACTIONS THAT YOU INITIATE, EVEN IF YOU WERE IMPROPERLY OR FRAUDULENTLY INDUCED TO MAKE THE PAYMENT, OR THE PAYMENT WAS MISTAKENLY MADE BY YOU. WE WILL NEVER CALL, EMAIL, TEXT MESSAGE, OR CONTACT YOU TO SPECIFICALLY REQUEST YOUR ACCOUNT INFORMATION, SUCH AS YOUR ACCOUNT NUMBER, DEBIT CARD NUMBER, ONLINE BANKING CREDENTIALS, OR ONLINE BANKING ACCESS CODE. WE HAVE THIS INFORMATION. IF YOU RECEIVE A PHONE CALL, EMAIL, TEXT MESSAGE, OR OTHER DIRECT COMMUNICATION APPEARING TO BE FROM EMPOWER AND REQUESTING YOUR PERSONAL ACCOUNT INFORMATION, IT MAY BE FRAUD. YOU MAY BE LIABLE IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO INITIATE OR AUTHORIZE A PAYMENT IN THESE SITUATIONS, EVEN IF THE REQUEST IS FRAUDULENT OR IF YOU ARE THE VICTIM OF FRAUD. IF YOU THINK YOU MAY BE THE VICTIM OF FRAUD YOU SHOULD CONTACT US IMMEDIATELY. FEES AND CHARGES. There are no charges for using Empower Online Banking and Bill Payment Services, however any fees applicable to your accounts with Empower as set forth on Empower's Fee Schedule will apply. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.
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Liability for Unauthorized Access. Subject to the terms of your Consumer or Business (as applicable) Membership and Account Agreement, you are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Empower Online Banking Service or your Online Banking credentials, you are responsible for any transactions they authorize or conduct on any of your accounts. NOTE: BECAUSE THE ONLINE BANKING SERVICE IS A FAST AND EASY WAY TO TRANSFER MONEY, THIRD PARTIES MAY ATTEMPT TO FRAUDULENTLY OR IMPROPERLY OBTAIN ACCESS TO YOUR ACCOUNT OR CAUSE YOU TO SEND MONEY FROM YOUR ACCOUNT. EMPOWER IS NOT RESPOSIBLE FOR TRANSACTIONS THAT YOU INITIATE, EVEN IF YOU WERE IMPROPERLY OR FRAUDULENTLY INDUCED TO MAKE THE PAYMENT, OR THE PAYMENT WAS MISTAKENLY MADE BY YOU. WE WILL NEVER CALL, EMAIL, TEXT MESSAGE, OR CONTACT YOU TO SPECIFICALLY REQUEST YOUR ACCOUNT INFORMATION, SUCH AS YOUR ACCOUNT NUMBER, DEBIT CARD NUMBER, ONLINE BANKING CREDENTIALS, OR ONLINE BANKING ACCESS CODE. WE HAVE THIS INFORMATION. IF YOU RECEIVE A PHONE CALL, EMAIL, TEXT MESSAGE, OR OTHER DIRECT COMMUNICATION APPEARING TO BE FROM EMPOWER AND REQUESTING YOUR PERSONAL ACCOUNT INFORMATION, IT MAY BE FRAUD. YOU MAY BE LIABLE IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO INITIATE OR AUTHORIZE A PAYMENT IN THESE SITUATIONS, EVEN IF THE REQUEST IS FRAUDULENT OR IF YOU ARE THE VICTIM OF FRAUD. IF YOU THINK YOU MAY BE THE VICTIM OF FRAUD YOU SHOULD CONTACT US IMMEDIATELY. FEES AND CHARGES. There are no charges for using Empower Online Banking and Bill Payment Services, however any fees applicable to your accounts with Empower as set forth on Empower's Fee Schedule will apply. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement. * If you give us your written permission. * As otherwise permitted by law. EMPOWER'S LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, Empower will not be liable: * If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed or the transaction amount would exceed your credit limit on your line of credit, if applicable. * If you used the wrong Online Banking credentials or you have not properly followed any applicable computer, Internet Access or Empower user instructions for making transfer and bill payment transactions. * If your computer fails or malfunctions or the Empower Online Banking Service was not properly working and such problem should have been apparent when you attempted such transaction. * If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction. * If the funds in your account are subject to an administrative hold or any other legal process, such as garnishment, levy, attachment or other claim. * If you have not given Empower complete, correct and current instructions so Empower can process a transfer or bill payment. * If the error was caused by a system beyond Empower's control, such as your Internet Service Provider. * If you fail to notify us of any inaccuracy in any merchant list that has been set up on your account or if you receive notice from a merchant or institution that any payment you have made through the Bill Payment Service remains unpaid and you fail to notify us promptly of that fact. * If the payee was a merchant or institution that you are not permitted to designate. TERMINATION OF EMPOWER FEDERAL CREDIT UNION ONLINE BANKING SERVICE. We may terminate this Agreement and your use of the Empower Online Banking Service if you or any authorized user of your account or Online Banking credentials breach this or any other agreement with us or if we have reason to believe that there has been an unauthorized use of your account or Online Banking credentials. Empower also reserves the right to terminate access to Bill Payment after ninety (90) days of inactivity and Online Banking after one hundred eighty (180) days of inactivity. You can terminate this Agreement by notifying us in writing or calling us. Termination of service will be effective two business days following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
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Samples: Online Banking Agreement
Liability for Unauthorized Access. Subject to the terms of your Consumer or Business (as applicable) Membership and Account Agreement, you You are responsible for all transfers and bill online xxxx payments you authorize authorized under this Agreement. First Resource Bank undertakes no obligation to monitor transactions through INTERNET BANKING which use valid passwords to determine that they are made on your behalf. If you permit other persons to use the Empower Online Banking Service INTERNET BANKING or your Online Banking credentialspassword, you are responsible for any transactions they authorize or conduct on any your Accounts and such persons will be deemed to be your authorized user. However, tell us at once if you believe anyone has used your password or accessed your Accounts through INTERNET BANKING without your authorization. Such notification will include all customer names and account numbers that were accessed, method of access (if known), notifications to law enforcement agencies, estimated damage, actions taken since breach was detected and planned future actions. Immediately changing your accountspassword and telephoning is the best way of keeping your losses down. NOTEIf a non-commercial customer tells us within two (2) business days, such non- commercial customer can lose not more than fifty dollars ($50.00) if someone accesses such non-commercial customer’s Account(s) without permission. If a non-commercial customer does not tell us within two (2) business days after such non-commercial customer learns of the unauthorized use of the Account or password, and we can prove that we could have stopped someone from accessing such non-commercial customer’s Account without permission if such non-commercial customer had told us, such non-commercial customer could lose as much as five hundred dollars ($500.00). DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: BECAUSE THE ONLINE WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH INTERNET BANKING SERVICE IS A FAST PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND EASY WAY TO TRANSFER MONEYCANNOT WARRANT THAT INTERNET BANKING WILL OPERATE WITHOUT ERRORS, THIRD PARTIES MAY ATTEMPT TO FRAUDULENTLY OR IMPROPERLY OBTAIN THAT ANY OR ALL INTERNET BANKING WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO YOUR ACCOUNT INTERNET BANKING, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR CAUSE USE BY YOU TO SEND MONEY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY. OTHER THAN RESULTING FROM YOUR ACCOUNT. EMPOWER IS FIRST RESOURCE BANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FIRST RESOURCE BANK WILL NOT RESPOSIBLE BE LIABLE FOR TRANSACTIONS ANY DAMAGE THAT YOU INITIATEMAY SUFFER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. FIRST RESOURCE BANK WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO FIRST RESOURCE BANK’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF FIRST RESOURCE BANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL THE LIABILITY OF FIRST RESOURCE BANK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES EXCEED THE GREATER OF (I) AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH INTERNET BANKING OR (II) $100. THIS LIMITATION OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES AND SHALL BE DEEMED AMENDED AS NECESSARY TO COMPLY WITH FEDERAL OR STATE LAW, AS APPLICABLE. IN NO EVENT SHALL FIRST RESOURCE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT (OR AS OTHERWISE) DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF OUR WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF YOU WERE IMPROPERLY FIRST RESOURCE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR FRAUDULENTLY INDUCED TO MAKE CONTRACTORS HAVE BEEN ADVISED OF THE PAYMENTPOSSIBILITY OF SUCH DAMAGES. Business Days. Our "Business Days" are generally Monday through Friday. Holidays are not included as Business Days. Stop-Payment Requests. You acknowledge that the stop payment feature of INTERNET BANKING is an alternate entry system for issuing stop payment orders between you and First Resource Bank. If an immediate response is required, OR THE PAYMENT WAS MISTAKENLY MADE BY YOUyou should execute the stop payment request by speaking to company personnel by phone (000) 000-0000 or in person. WE WILL NEVER CALLThis feature applies only to the stop payment of paper checks you have written (non- electronically) on your Accounts (not paper checks generated by the Online Xxxx Payment service). When using INTERNET BANKING to stop payments, EMAILyou should follow the onscreen instructions. Prior to requesting a stop payment, TEXT MESSAGE, OR CONTACT YOU TO SPECIFICALLY REQUEST YOUR ACCOUNT INFORMATION, SUCH AS YOUR ACCOUNT NUMBER, DEBIT CARD NUMBER, ONLINE BANKING CREDENTIALS, OR ONLINE BANKING ACCESS CODE. WE HAVE THIS INFORMATION. IF YOU RECEIVE A PHONE CALL, EMAIL, TEXT MESSAGE, OR OTHER DIRECT COMMUNICATION APPEARING TO BE FROM EMPOWER AND REQUESTING YOUR PERSONAL ACCOUNT INFORMATION, IT MAY BE FRAUD. YOU MAY BE LIABLE IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO INITIATE OR AUTHORIZE A PAYMENT IN THESE SITUATIONS, EVEN IF THE REQUEST IS FRAUDULENT OR IF YOU ARE THE VICTIM OF FRAUD. IF YOU THINK YOU MAY BE THE VICTIM OF FRAUD YOU SHOULD CONTACT US IMMEDIATELY. FEES AND CHARGES. There are no charges for using Empower Online Banking and Bill Payment Services, however any fees applicable you must first verify that the item has not already been posted to your accounts with Empower as set forth on Empower's Fee Schedule will applyAccount. From If a stopped item has already been paid prior to your entry of the request or you do not provide us reasonable time to timeact, then we shall not be liable for any loss incurred by you arising from the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreementevent.
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