Welcome to VyStar Credit Union's Internet Banking.
Please read and accept our Terms and Conditions
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
The terms and conditions of these Agreements, Disclosures and Terms and Conditions shall apply to and govern your electronic access and use of all VyStar Credit Union ("VyStar") Internet Banking Services and/or Mobile Banking Services ("Service" or "Services") currently offered or that may be offered in the future. In this Agreement, the words "Credit Union" "Branches" "us" "we" "our" "VCU" or "VyStar" means VyStar Credit Union and all agents, independent contractors, designees, or assignees of VyStar. The words "you," "your," "signer," and "owner" refer to you the member(s)/owner(s)/signer(s), as well as anyone you permit to access your to any deposit account or loan account, including, but not limited to savings, checking, money market, credit card, home equity line of credit, or line of credit ("Account(s)"). The word "Services" refers to all internet services, including but not limited to VyStar Internet Banking, Mobile Banking, Mobile Check Deposit, Bill Payment, Transfer Now and Popmoney. All agreements, disclosures, rules and regulations applicable to your Accounts, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
Internet Banking & Mobile Banking Service Terms and Conditions
You agree that by using the Services, or allowing another to access your Account(s) via the Services, that you have received a copy of, and agree to be bound by, the Agreements and Disclosures of the most recent VyStar Membership and Account Agreement, Funds Availability Policy Disclosure, Electronic Funds Transfers Agreement, all applicable loan disclosures, and these Internet Banking Agreements and Disclosures. These Agreements and Disclosures constitute the agreement between you and us related to the Services and supplement any other agreement or disclosure related to any of your Accounts. In the event of a conflict between these Agreements and Disclosures and any other agreement or disclosure related to any of your Accounts, any statement by our employees or agents, or any representation or statement relating to the Services, these Agreements and Disclosures shall control. If any part of these Agreements and Disclosures are deemed invalid, the remainder will remain in full force and effect. VyStar reserves the right to amend, modify, revoke, or cancel the Services and the terms of these Agreements and Disclosures in accordance with applicable law. You may not assign these Agreements and Disclosures, or any of your rights or responsibilities under these Agreements and Disclosures, to any other party. We may assign these Agreements and Disclosures, and any or all of our rights and/or responsibilities under these Agreements and Disclosures, or delegate any or all of such rights and responsibilities, to any third party or parties. We may change the terms and conditions of this Agreement at any time without notice except as required by applicable law. Any required notice may be included in your Credit Union account statement. Continued use of the Service(s) following a change or amendment constitutes your acceptance of any changes or amendments to this Agreement, unless a longer period is required by law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
VyStar offers its members access to their Account information, perform transactions and manage their money with Services designed to meet your needs.
Enrollment requires identification of your banking relationship with the Credit Union and for Mobile services verification of a mobile device phone number. The Internet Banking and/or Mobile Banking Services will be provided to you on a continuing basis. You may opt out of the either of these services at any time.
The Internet Banking Service, Mobile Banking Service and/or Software may not be available at any time for any reason outside of the reasonable control of the Credit Union or any service provider.
To access Services, you must use your username and password. You will be able to choose your own username and password, provided that it meets our security requirements and is not already in use.
A password is required to access Services in conjunction with your username. To help safeguard your password, you should change it frequently. Your password can be used to access money and information about your Accounts; you are responsible for keeping your password and Account data confidential. You agree you will not provide or give access to your password. Disclosing your password constitutes authorization for use by others and you agree to be liable for their action, including those of additional parties to whom they may disclose your password, in each case, whether disclosure occurs intentionally or inadvertently.
- Challenge Questions.
In addition to using your username and password to confirm your identity, VyStar utilizes additional security measures to authenticate your identity. Challenge questions will be required when you register for Internet or Mobile Banking. You will be required to select challenge questions from a list provided when you first log into, as well as provide answers to each of those questions. When providing answers to the challenge questions please remember that you, or other joint members, will need to provide the exact answer in the same format if that question is presented for identity confirmation. You will be asked challenge questions when the Service deems additional authentication is needed for Account access. You should safeguard your challenge question answers in the same manner as your password. Select Services also feature enhanced security measures, such as Password Reset, which allows you to reset your password online should you forget it.
Subject to system availability, you may initiate transactions at any time seven (7) days a week, 24 hours a day. However, Business Days are Monday through Friday, excluding holidays. In accordance with federal regulation, for share savings and money market accounts, you are restricted to a maximum of six (6) transfers or withdrawals during each statement period to another account of yours or to a third party by means of preauthorized or automatic transfer/withdrawal and online or phone request. The transfer and withdrawal limitations are per share account, regardless of the type of transfer or withdrawal. Payments to select VyStar loans may be made as transfers. Loan payments for all loan types with us must be completed on or before the close of business on the payment due date. If the payment due date falls on a weekend or holiday, the loan payment must be in the designated share account or transferred to the loan by the close of business on the preceding Business Day, unless special credit card payment rules apply. Principal only loan payments cannot be made through the Services. Transfers or payments cannot be performed on loans that are in a collection status or 60 or more days past due.
We reserve the right to refuse any transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The Service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.
You can make transfers from your deposit Accounts as well as loans. You may make immediate funds transfers and schedule recurring transfers for future dates within the same master account. Future dated transfers will occur on the scheduled date. Transfers that are scheduled but fail to take place can be located on the Transfer History page under the "Status" column.
Refer to the current Fee Schedule for fees related to Internet Banking, Mobile Banking and related services. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. VyStar reserves the right to charge for Services. You will be given notice, in accordance with applicable law, before VyStar implements fees related to the Services.
- Other Charges.
You should note that depending on how you access or use any of the Services, you might incur charges for: any ISP fees; purchase of computer programs such as Financial Management Software (e.g. Quicken, etc.). Refer to the Credit Union Membership and Account Agreement for details; additionally, fees may be assessed for added self-service features available through Internet Banking or Bill Payer, such as stop payment requests. Please refer to the Credit Union's Fee Schedule to see if you are subject to these fees; and, an Insufficient Fund Fee or late fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
- Messaging and Data Charges.
By participating in the Mobile Banking Service using the software you agree that the Mobile Banking Service or the software may require the use of your mobile device's data and text messaging capabilities and that standard data and text messaging charges apply in according with your service agreement with your mobile service provider. You agree that the Credit Union is not responsible for any charges you may incur while using the Mobile Banking Service or software.
- Electronic Mail (E-mail).
Member initiated e-mail messages will be deemed to have been received on the following Business Day. The Credit Union cannot act on transactions sent by you from an external e-mail address. You must use Internet Banking or Mobile Banking secure email to send instructions or inquiries about your Credit Union Account(s). If for any reason your external e-mail address changes or becomes disabled, please be sure to update your e-mail address within Internet Banking and/or Bill Payer, or contact us to ensure you continue to receive your automated messages.
- Bill Payer.
The Bill Payer Service permits you to direct payments from your designated Bill Payer account to third parties you wish to pay. Your Bill Payer account must be a checking account. Through the Bill Payer Service, you can pay bills from your Bill Payer account to businesses or individuals. To use this Service, you must separately agree to the terms and conditions of the Bill Payer Service within Internet Banking for the Service to be available in Mobile Banking. For more information, refer to the Bill Payer Terms and Conditions.
- Additional Provisions Applicable to Consumer Accounts Only
The provisions under this section are applicable only to online electronic fund transfers ("EFTs") that credit or debit an Account owned by one or more individual members and used primarily for personal, family or household purposes. These provisions do not apply to business or other non-consumer Accounts. To the extent that these provisions are subject to the Federal Reserve Board's Regulation E, the Credit Union may rely on any exceptions to these provisions that are contained in Regulation E.
Reporting Unauthorized Transactions, Errors or Questions
Tell us immediately
if you believe:
- Your username or Password has been lost or stolen.
- An unauthorized transaction has occurred or may occur involving your Account(s)
You could lose all the money in your Credit Union deposit account plus your maximum overdraft line of credit. You may notify us by telephone, in writing, or by Email using the secure E-mail service in our Internet Banking web site. The telephone number and address you may use are: (904) 777-6000 or 800-445-6289, or write to us at VyStar Credit Union, Attn: Call Center, P. O. Box 45085, Jacksonville, FL 32232-5085.
If you believe that an unauthorized person has performed or may perform an unauthorized transaction you should immediately change your username and Password.
When you contact us, you will need to provide the following information:
- Your name and account number;
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If the report is made orally, we may require that you send the complaint or question in writing within 10 Business Days of the oral notice. We will notify you with the results of the investigation within 10 Business Days (or 20 Business Days if the transaction was not initiated within the United States or its possessions and territories. For additional information please refer to the Membership Booklet
Your Liability for Unauthorized Use.
You agree it is your responsibility to protect your username or password to protect against unauthorized use. Additionally, you agree to ensure the security of the electronic device used to access your Accounts is secure. You acknowledge and agree that time is of the essence in such situations. Telephoning is the best way of keeping your potential losses to a minimum.
The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
Your Liability for Authorized Use.
- If you notify the Credit Union within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your username and Password without your permission.
- If you do not notify the Credit Union within two (2) Business Days after you learn of the loss or theft of your username and Password, and we can prove that we could have stopped someone from using your username and Password without your permission, you could lose as much as $500.00.
For further details refer to the Membership Booklet.
Notwithstanding anything to the contrary in this Agreement, when you give someone your username and Password, you are authorizing that person to use the Services, and you are fully responsible for all transactions that person performs while using the Services, as well as any transactions performed by third parties to whom that person provides your username and Password, intentionally or inadvertently. All transactions that person performs, even those transactions you did not intend to be performed, are authorized transactions which are binding and for which you are fully responsible until you notify the Credit Union that the authorized person is no longer permitted to conduct transactions on your Accounts. If you believe that an authorized person has performed or may perform an unauthorized transaction you should immediately change your username and Password.
Transactions that you or someone else acting with you initiates with fraudulent intent are always authorized transactions.
- Credit Union's Liability.
Our obligations hereunder are limited to receiving and executing, as applicable, your transfer or payment instructions to us in accordance with the terms of this Agreement. If we improperly effect or fail to effect a directed transfer or payment in accordance with the terms of the accepted instruction, we shall reimburse amounts improperly transferred from your Account(s), if and to the extent such reimbursement is required under applicable law, with such interest as may be required by applicable law, within a commercially reasonable time after you notify us of any such error, provided we have verification of the occurrence of such error. We have no further obligation or liability for any loss or expense which you may incur unless such loss or expense is attributable to the gross negligence or willful misconduct of the Credit Union or our agents, including liability for direct or consequential damages, such liability being hereby specifically waived by you in consideration of this Agreement. Unless prohibited by applicable law, under no circumstances will the Credit Union be liable to you in contract, tort or otherwise for special, indirect, incidental, punitive, exemplary or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
Without limiting the foregoing, we will not be liable:
Unless prohibited by applicable law, under no circumstances will we be liable to you in contract, tort or otherwise for incidental, special, indirect, punitive, exemplary or consequential damages, including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of damages.
- For erroneous instructions given by you to us.
- If instructions sent by E-mail are intercepted or are not received in time by us.
- If through no fault of the Credit Union, you do not have enough money in your Account to make the transfer or payment.
- If circumstances beyond our control (including, but not limited to, fire, flood, delay in US mail, power outage, interruption in your electrical power or telephone, or equipment or technical defect, malfunction, failure or breakdown) prevents the transfer or payment despite reasonable precautions that we have taken.
- If there is a hold on your Account, or if access to your Account is blocked, or if funds in your Account are otherwise unavailable.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer or payment.
- If your transfer or payment authorization terminates by operation of law.
- If the Service, your PC, or modem is not working properly or is temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or transaction.
- If you have not properly followed the instructions for using the Service.
- If we have received incomplete, inaccurate, conflicting or untimely information from you or a third party involving the Account or transaction.
- If we have a reasonable basis for believing that unauthorized use of your Password or Account has occurred or may be occurring or if you default under this Agreement, the deposit Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
- Additional Provisions Applicable to Business Accounts ONLY.
The provisions set forth in this section apply only to business Accounts (i.e., Accounts used primarily for business, commercial or agricultural purposes). If you are a business, you agree that the Online Account and any Accounts linked thereto will be used only by Authorized Representatives and only for legitimate business purposes incurred in the ordinary course of their employment or agency with you. Any Authorized Representative of your business shall be authorized, on such terms, conditions, and agreements as we may require, to: enter into this Agreement, as amended from time to time; access each Credit Union Account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and use any Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
- Protecting Your Internet Banking.
You agree that we may send notices and other communications, including either your Username or password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Credit Union will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: keep your Username and password secure and strictly confidential. You are fully responsible for all access and transactions relating to your Online Account and linked Accounts that are made using your Username and Password, whether or not such access or transactions are authorized by you. The Credit Union will have no liability to you for any unauthorized payment or transfer made using your username and/or Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. The owners of business and other non-consumer Accounts assume sole responsibility for any such unauthorized use of the username and/or Password, and shall indemnify, defend, and hold the Credit Union harmless from any and all claims, losses, damages, liabilities, actions, proceedings, costs and expenses (including reasonable attorneys' fees) related to or arising out of any such unauthorized use. We may suspend or cancel your username and/or Password if we suspect your username and/or Password(s) are being used in an unauthorized or fraudulent manner. The indemnity obligations in this paragraph shall survive the termination of this Agreement.
- Entitlements (Authorized User(s)) -
You may elect to grant access through Internet Banking to your VyStar Credit Union deposit accounts, loans, line of credit and credit cards accounts to other individuals ("Sub-users") by granting them access through the entitlement service. Account owners wishing to grant this privilege must complete the User Management enrollment process and select shared access or custom access. All services may not be available through the selected access. This access may be granted by consumer and business members.
You are fully responsible for all transactions conducted by any and all Sub-users, and all third parties to whom such Sub-Users may disclose their username and password, whether those transactions are authorized by you or not.
Transactions you or a Sub-user initiate with fraudulent intent will be considered as authorized transactions for which you remain fully responsible.
You further agree that VyStar will not be responsible or liable to you in any way if information is intercepted by an unauthorized person. You agree to: 1) keep your Internet Banking username and password secure and strictly confidential; 2) inform any Sub-users you provide Internet and Mobile Banking access to that he or she is not to disclose their username and password to anyone; 3) if your or any Sub-user's username and password have become known to any unauthorized party it is your responsibility to change username and password immediately.
It is your responsibility to terminate access through Internet Banking for any and all sub-users that are no longer authorized to have access to your Account(s).
Any and all Sub-users must agree to all conditions set forth within the Internet Banking and Mobile Banking Terms and Conditions.
- Cancellation of Services.
Term and Termination
This Agreement will become effective on the date you sign up for these Services and shall remain in full force and effect until terminated in accordance with the provisions of this Section. Upon termination, you will remain liable for any payments, transfers and other transactions in process, and any accrued fees and charges.
Our Ability to Terminate
We may immediately terminate your Online Account, your Mobile access, and/or any or all of the Services without notice to you under the following circumstances: you do not comply with the terms and conditions of this Agreement or any other agreement governing any one or more of your Credit Union Accounts; your Credit Union Accounts are not maintained in good standing; unauthorized access to your Account due to your negligence; you initiate bankruptcy proceedings; or, you close your membership at the Credit Union.
Your Ability to Terminate
You (or any owner of an Account if there is more than one owner) may terminate this Agreement by notifying the Credit Union and providing your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). We are not responsible for notifying any other Account owners of the termination. When Bill Payer is terminated, any prescheduled bill payments made through such Service will also be terminated. You may notify the Credit Union by any one of the following methods:
- Through Internet Banking secure E-mail.
- By calling (904) 777-6000 or (800) 445-6289.
- By writing a letter and either sending it to the following address: P. O. Box 45085, Jacksonville, FL 32232, or by delivering it to a Member Service Representative at any of our branch locations during business hours.
Termination of your Online Account or any of the Services will not terminate your Credit Union Accounts. If you do not sign on to your Internet Banking or initiate a transaction through a Service during any consecutive 60 day period, we may convert your Internet Banking to inactive status. If your Online Account is converted to inactive status, you must contact us to have your Online Account activated before you will be able to schedule any transaction through a Service.
- Disclosure of Account and User Information to Third Parties.
You acknowledge and agree that in connection with your use of the Mobile Banking Service, the Credit Union and its affiliates and service providers, including Fiserv, Inc. and its affiliates ("Fiserv"), may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Mobile Banking Service or Software (collectively "User Information"). The Credit Union and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Mobile Banking Service and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Credit Union and its affiliates and service providers also reserve the right to monitor use of the Mobile Banking Service and Software for purposes of verifying compliance with the law, these Terms and Conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. VySstar Credit Union's Privacy Notice.
- Restrictions on Use.
You agree not to use the Internet Banking and Mobile Banking Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and that you will use the Internet Banking and Mobile Banking Service and Software only in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations.
- Administration Regulations.
Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Credit Union (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Credit Union or any third-party service provider involved in the provision of the Mobile Banking Service; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Credit Union, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any software or services for which your use has not been authorized; (ii) use or attempt to use a third party's account; or (iii) interfere in any manner with the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
- Use of Mobile Banking Service.
The Mobile Banking Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Mobile Banking Service before you actually do so, and then that you always use the Mobile Banking Service in accordance with the online instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your mobile device and the Software. We may change or upgrade the Mobile Banking Service or Software from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use the Mobile Banking Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your mobile device. We reserve the right to modify the scope of the Mobile Banking Service at any time. We reserve the right to refuse to make any transaction you request through the Mobile Banking Service. You agree and understand that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
Information available via the Mobile Banking Service, including balance, transfer and payment information may differ from the information that is available directly through the Internet Banking site without the use of a mobile device. Information available directly through Internet Banking without the use of a mobile device may not be available via the Mobile Banking Service, may be described using different terminology (including capitalized terms used in these Terms and Conditions or on our Internet Banking site(s), or may be more current than the information available via the Mobile Banking Service, including but not limited to Account balance information. The method of entering instructions via the Mobile Banking Service may also differ from the method of entering instructions directly through Internet Banking without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Banking Service. We are not responsible for such differences including but not limited to delays, whether or not attributable to your use of the Mobile Banking Service.
Additionally, not all of the products, services or functionality described on the Internet Banking site(s) or in the Internet Banking Agreements and Disclosures may be available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. The Mobile Banking Service may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported in connection with the Mobile Banking Service. You are responsible for periodically referring to our website to determine currently supported mobile service providers, carriers, and mobile devices and for ensuring that you satisfy all technical requirements for using the Mobile Banking Service.
Financial information obtained through the Mobile Banking Service (including, without limitation, any text message alerts) reflects the most recent Account information available through the Mobile Banking Service and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
- Account Ownership/Accurate Information.
You represent that you are the legal owner of the Accounts you access through the Services and any financial information which may be accessed through the Services. You represent and agree that all information you provide to us in connection with the Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Services. You agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
- Proprietary Rights.
You are permitted to use content delivered to you through the Services only in connection with your proper use of the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Service technology, including, but not limited to, the Software or other mobile device applications associated with the Mobile Banking Service.
- No Commercial Use or Re-Sale.
You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of the Mobile Banking Service.
- Software License Agreement.
Subject to your compliance with these Terms and Conditions, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license ("License") to download, install and use the Software on your mobile device within the United States and its territories. In the event that you obtain a new or different mobile device, you will be required to download and install the Software to that new or different mobile device. This License shall be deemed revoked immediately upon (i) termination of the Mobile Banking Service, (ii) termination of the Internet Banking service, (iii) your deletion of the Mobile Banking Service software from your mobile device, or (iv) notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Mobile Banking Service software from your mobile device. In the event of the revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.
- "Smartphones" and Other Web Enabled Devices.
You acknowledge that smartphones and other Web enabled devices, including the mobile device you use to access the Mobile Banking Service, are subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to maintain anti-virus and anti-spyware programs on your mobile device. You also agree not to use a mobile device that has been altered from the original factory settings. This type of altering is commonly referred to as "Jail Broken" or "unlocked".
You agree to exercise caution when utilizing the Mobile Banking Service application on your mobile device and to use good judgment and discretion when obtaining or transmitting information. Any losses, charges and unauthorized transactions involving your Accounts that are incurred through loss of your mobile device or your failure to safeguard the security credentials you use (such as Usernames and passwords) to access the Mobile Banking Services and Internet Banking will remain your responsibility, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
- Data Recording.
When you use the Services, information you enter to conduct transactions, Account inquiries or other information will be recorded. By using the Services, you consent to such recording. We may also monitor and/or record calls to and from our member service representatives for training purposes or to assure service quality. By using the Services, you consent to such monitoring and/or recording.
- Use of Goggle Maps.
You agree to abide by (1) the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and (2) the Google Legal Notices found at http://www.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.
- Disclaimer of Warranty.
CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICES OR ANY EQUIPMENT, SOFTWARE OR BROWSER, OR THE
PERFORMANCE OF ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
OF THIRD-PARTY RIGHTS, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY APPLICABLE LAW.
Notwithstanding anything herein to the contrary, we are not responsible for any liability, loss, damage or injury resulting from: the non-availability, or an interruption or delay in the availability, of any of the Services; any computer virus that you may encounter using the Services; or any failure to obtain access to the Services. We are also not liable for any loss or liability resulting from any failure of your equipment or software, or any act or failure to act by an Internet browser provider or by an ISP.
Except to the extent that we are liable under this Agreement or any agreement that governs your Account with us, you agree to indemnify, defend and hold us and our affiliated companies, and each of our and their directors, officers, employees and agents, harmless from and against any and all claims, demands, liabilities, damages, losses, suits, actions, proceedings, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way related to your Online Account or an Account linked thereto or to the Services. This paragraph shall survive the termination of this Agreement.
No Credit Union employee, nor any company affiliated with the Credit Union, will contact you via E-mail or telephone, specifically requesting your Username or Password. If you are contacted by anyone requesting this information, please contact us immediately.
We are not responsible for any electronic virus or viruses, including spyware that you may encounter. You are responsible for how you use your computer and how you use the Services. We suggest that you routinely scan your PC using a virus protection and spyware product. Undetected viruses or spyware may corrupt and destroy your programs, files, and your hardware, as well as hijack personal information that could be used to steal your identity and access your Accounts without your knowledge or authorization.
- No Liability and Hold Harmless.
The Credit Union will use commercially reasonable efforts and ordinary care to provide you with access to the Mobile Banking Service in accordance with these Terms and Conditions. In no event, however, shall the Credit Union be liable for its failure to provide access to the Mobile Banking Service or for your failure to receive message service whether as a result of an error in or interruption of any Software application or as a result of any failure or interruption of your mobile device phone or data service or equipment. Without limiting the generality of the foregoing, the Credit Union shall not be liable to you for delays or errors occurring by reason of circumstances beyond the control of the Credit Union, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or any acts of civil, military, or banking authorities, national emergencies, labor difficulties, fire, flood or other catastrophes, acts of God, insurrection, war, riots, failure of transportation, failure of vendors, communication or power supply, or malfunction of or unavoidable difficulties with its equipment. The Credit Union will not be liable for consequential, incidental, special or exemplary damages, or lost profits, even if you advise the Credit Union of the possibility of such damages. You acknowledge and agree that you are solely responsible for protecting the confidentiality and security of the security credentials you use (such as Username and passwords) to connect to the Mobile Banking Service and Internet Banking. You further acknowledge having been informed that the Bluetooth application on your mobile device must be turned off when accessing mobile banking in order to protect the privacy of your financial records and information. You assume and accept all responsibility for the accuracy of all transactions performed or undertaken utilizing the Mobile Banking Service. You agree to hold the Credit Union harmless from and against any liability of any character attributable to your use of the Mobile Banking Service, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
You understand and agree the Services may not be encrypted and will include the display and transmission of personal or confidential information about you, such as your Account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other transactions involving the movement of money, through the Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of Account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Services, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
Additionally, you agree that neither we nor our service providers will be liable for any errors in the content of information obtained or transmitted through the Services, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences selected by you). You are responsible for any and all charges, including, but not limited to, fees associated with data and text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any application store.
Without limiting any of your other obligations to us under the Agreement, you agree to protect and fully compensate us and our affiliates and service providers from any and all claims, actions, causes of action, and other proceedings, and all liability, damages, losses, expenses and costs (including, but not limited to, reasonable attorneys' fees and costs) incurred in connection therewith caused by or arising from your use of the Services, your violation of any of the terms of the Services or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. This paragraph shall survive the termination of this Agreement.
- Attorneys' Fees and Costs.
If legal action is necessary to enforce this Agreement or collect any amounts owing to Credit Union under this Agreement, Credit Union shall be entitled to payment by you of all our reasonable attorneys' fees and costs, whether incurred before or at trial, on appeal, during any bankruptcy or insolvency proceedings, during any post-judgment collection proceedings, or otherwise.
No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy or other right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
E-STATEMENT AND E-NOTICE TERMS AND CONDITIONS
The terms and conditions of this Agreement shall apply to and govern the electronic delivery of VyStar l Credit Union's periodic statements, loan and credit card statements, notices and disclosures. In this Agreement, the words "Credit Union," "Branches," "us," "we," "our," "VCU," or "VyStar" means VyStar Credit Union. The words "you," "your," "signer," and "owner" refer to you the member(s)/owner(s)/signer(s), as well as anyone you permit to access your deposit or loan account(s), including but not limited to savings, checking, money market, home equity line of credit, credit card and line of credit. The words "e-Statement", "statement" or "electronic statement" refers to the electronic version of your periodic VyStar account statements and credit card statements, if applicable. The words "e-Notice" or "notices" refers to the electronic version of notices, disclosures and communications related to your account. "Electronic Communications" includes, but is not limited to, any and all current and future notices and disclosures that we provide to you electronically, as well as documents, statements, data, records and all other communications regarding your relationship with VyStar. All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
- CONSENT TO ELECTRONIC DELIVERY.
You specifically agree to receive electronically your periodic VyStar account statement, credit card statement, loan statement, notices, and any other disclosures or communications regarding your relationship with VyStar. You may still receive correspondence and notices via postal service. When statements, notices and/or disclosures are available, you will receive an e-mail message, along with instructions on how to access them. Notice to any account owner will be considered notice to all account owners. Any owner of this VyStar account has the right to establish an e-Statement service for an account.
Use of the VYSTAR Internet Banking service is required to access your statements, notices, disclosures. You agree not to give or make available to unauthorized individuals your password or other means of access to your account or account records. If you permit other persons access to your account information, you may be responsible for any transactions they conduct on your account(s). If you believe that your password or other means to access your account has been lost or stolen, or that someone may attempt to use your account information without your consent or has transferred money without your permission, you must notify VyStar at once by calling 904-777-6000, option 9, or 800-445-6289, or option 9, during normal business hours.
- WITHDRAWAL OF CONSENT - Electronic delivery of your statements, notices and disclosures is available for all account types. You have the right, upon 10-day notice, to withdraw this consent for electronic delivery of your account statements, notices and disclosures and again receive them by mail in paper form. This action may result in the assessment of fees on certain accounts. Refer to the current Consumer Fee Schedule. You may withdraw your consent by secure mail through VyStar Internet Banking, by written and signed request sent to VyStar Credit Union, P.O. Box 45085, Jacksonville, FL 32232-5085, or by telephone at 904-777-6000, option 9, or 800-445-6289, option 9.
- PAPER VERSION OF ELECTRONIC COMMUNICATIONS.
VyStar provides a history of your statements online for your access. Not all notices are currently available in electronic format and you may receive a notice by mail at the address on file for your account. You may request a paper copy of any eNotice sent to you within 90 days or a paper copy of your account statement by contacting us by telephone at 904-777-6000, or 800-444-6289, , secure mail through VyStar Internet Banking or visiting any branch. There is a fee for each copy requested. Refer to current Fee Schedule.
- HARDWARE, SOFTWARE AND OPERATING SYSTEM.
You must have a device capable of supporting the current version of one of the following Internet browsers: Internet Explorer, FireFox or Safari. You are responsible for installation, maintenance, and operation of devices used to access VyStar services. VyStar is not responsible for errors or failures from any malfunction of any device used, or attempted to use, for account access. VyStar is also not responsible for viruses or related problems associated with use of any online system. Statements, notices, tax forms and disclosures will be available in a PDF file format; you will need Adobe® Reader® or another PDF viewer is required to view the statements, notices, and disclosures and access to a printer to print the documents. Adobe® Reader® may be downloaded at the time of retrieval.
- VALID AND CURRENT EMAIL ADDRESS, NOTIFICATIONS AND UPDATES.
Your current valid email address is required in order for you to obtain VyStar Internet Banking Services. You agree to keep VyStar informed of any changes to your email address. You may change your email address through Settings/Services - Personal Information - Changer Username/Password. If you have multiple accounts at VyStar, you are required to update your e-mail address for each account. VyStar may notify you through email when updated disclosures and agreements are available. It is your responsibility to use VyStar Internet Banking regularly to check for Electronic Communications.
- CANCELLATION OF SERVICES.
Electronic delivery of your statements, notices and disclosures will be terminated if you or VyStar terminate your VyStar Internet Banking access. Refer to the Internet Banking Agreements and Disclosures for additional information. After termination of Internet Banking access, paper statements, notices and disclosures will be mailed to the address on file for your account.
Mobile Check Deposit Additional Terms and Conditions
This Mobile Check Deposit Services Agreement ("Agreement") sets forth the terms and conditions for use of VyStar Credit Union's Mobile Banking Application ("the Service") offered by VyStar Credit Union ("Credit Union", "we", "us", "our") to you as a member ("you", "your", or "User") of VyStar Credit Union. The terms and conditions in this Agreement are in addition to the terms and conditions of the Credit Union Account Agreement which otherwise governs your rights and obligations when using your accounts. To the extent there is a conflict between this Agreement and your Account Agreement, the terms and conditions in the Account Agreement shall govern.
The Service is designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Credit Union or our designated processor. By using the Service, you authorize the Credit Union to convert checks to images or create substitute checks for the purpose of clearing the check.
- Acceptance of these Terms.
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after the Credit Union has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Use of the Service is subject to Credit Union approval. In order to be eligible to use the Service, your account(s) must meet qualification criteria set by the Credit Union. We will review all accounts for which you are signer in order to determine your qualification for the Service. We will notify you of our decision regarding your qualification for the Service.
- Limitations of Service.
When using the Service, you may experience technical or other difficulties and the Service may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. The Credit Union is not responsible for any technical or other difficulties or any resulting loss or damages that you may incur. In the event that the Service is unavailable, you may deposit original checks at our branches or through our ATMs. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
- E-mail Address.
You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of Mobile Deposit Transactions as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.
- Deposit Limits.
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. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.
- Eligible items.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Credit Union is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
- Ineligible Items.
You agree that you will not use the Service to scan and deposit any checks as shown below:
- Checks payable to any person or entity other than you, i.e., third party checks.
- Checks containing alteration to any of the fields on the front of the check or item, or which 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 or item is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Regulation CC.
- Checks drawn or payable through any foreign bank or a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Regulation CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit (stale dated checks).
- Checks that are post-dated.
- Checks that are in any way incomplete.
- Checks on which the numerical and written amount are different.
- Checks that have been previously returned unpaid by the financial institution on which they are drawn.
- Checks that are payable to cash.
- Image Quality.
The image of a check transmitted to Credit Union using the Service must consist of legible images of the front and back of the check. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:
- The amount of the check;
- The payee;
- The drawer's signature;
- The date of the check,
- The check number;
- Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
- Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check).
Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "For mobile deposit". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
- Receipt of Check Images.
All images processed for deposit through the Service will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. We reserve the right to reject any check image transmitted through the Service, at our discretion, without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your Authorized Account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Account Agreement if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
- Returned Deposits.
If a check that you deposit using the Service is returned or charged back on your account it will be deducted in full from your account along with any fees that are incurred due to the check's rejection as described in our schedule of fees. We are not responsible for any losses incurred as a result of deposits returned on your account. You shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
- Business Days and Funds Availability.
The Credit Union's general funds availability practices are outlined in our Funds Availability Policy. For purposes of determining the availability funds deposited via the Service, Mobile Transaction Deposits are classified as "not in-person deposits" as defined in Regulation CC. Mobile Deposit Transactions confirmed as received before 5:00 p.m. Eastern Time on a business day will be credited to your account by the following business day as defined within our Funds Availability Policy. Mobile Deposit Transactions confirmed received after 5:00 p.m. Eastern Time and deposits received on a non-business day will be credited to your account the following business day.
- Disposal of Transmitted checks.
After you receive confirmation that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After the 30 days, you agree to dispose of your check in a manner which will ensure the check will not be presented again, mark the check as "Electronically Presented" or "VOID" or properly store the check to ensure that it is not presented again for payment.
During the time the retained check is available, you agree to promptly provide it to Credit Union upon request. If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check's originator. If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.
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.
- Hardware and Software.
In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Credit Union from time to time on the Service website. You will also be required to download and install the Service application to your smart phone device from your wireless service provider. See Internet Banking Browser Requirements
for current hardware and software specifications. The Credit Union is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. You understand and agree that you are solely responsible for any Internet, cellular, data download other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.
- Your Warranties.
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.
- 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 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 Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You represent and warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
- Mobile 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 by telephone with written confirmation 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 reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
- Your Responsibility.
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Digital Insight and Vertifi Software, LLC, retain all rights, title and interests in and to the Services, Software and Development made available to you.
- 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, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv and its affiliates, officers, employees and agents from and against any claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claims are related to the Services or the member's use of the Services, unless such claim directly results from an action or omission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
- DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE 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 ANY REMOTE BANKING SERVICE, 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 ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE 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 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 ANY REMOTE BANKING SERVICE, 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, EXCEPT AS OTHERWISE REQUIRED BY LAW.
- Financial Information.
You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Account Agreement or any other agreement with us.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
SHORT-MESSAGE-SERVICE (SMS)/TEXT BANKING TERMS AND CONDITIONS
SUPPLEMENT TO INTERNET BANKING AND MOBILE BANKING TERMS AND CONDITIONS
VyStar Credit Union offers our members mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number for mobile alerts. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter through internet or mobile banking. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Members will be allowed to opt out of this program at any time.
Send a text message with the word "HELP" to this number: 89727. We can answer any questions you have about the program.
- To Stop the program.
To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 89727. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
- Terms & Conditions.
By participating in Mobile Banking, you are agreeing to the terms and conditions presented here. All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of these terms and conditions by reference unless specifically modified.
- Mobile Banking and any software you may obtain from Mobile Banking ("Software") may not be available at any time for any reason outside of the reasonable control of VyStar Credit Union or any service provider. Participating carriers may vary.
- Privacy and User Information.
Service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively "User Information"). VyStar Credit Union and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. VyStar Credit Union and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. VyStar Credit Union's Privacy Notice
- Restrictions on Use.
You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by VyStar Credit Union (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of VyStar Credit Union or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic- related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose VyStar Credit Union, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party's account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
- Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://maps.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.