Important Information

ARAPAHOE CREDIT UNION ONLINE AND MOBILE BANKING SERVICES TERMS AND CONDITIONS

This Online and Mobile Banking Services Agreement ("Agreement") is a contract between you and Arapahoe Credit Union (“ACU” or "Credit Union") which establishes terms and conditions for Internet Banking Services ("Mobile Banking" or "Online Banking").

In addition to this Agreement, the use of all Internet Banking Services provided by the Credit Union is governed by your Membership and Account Agreement, Electronic Fund Transfer Disclosures, Funds Availability and Truth-in-Savings and any other agreement or Terms and Conditions between you and Credit Union. All of these agreements, as amended from time to time, are incorporated into this Agreement by reference. In the event of conflicts between the terms of this Agreement and the terms of the Membership and Account Agreement or other above-referenced Agreements, the terms of this Agreement shall control.

1. Definitions. In this Agreement, the following terms have the following meanings:
   1. "You" and "your" means the ACU member who enrolls in or uses the Internet Banking Services.
   2. "We," "us," and "our" mean Arapahoe Credit Union.
   3. "Internet Banking Services" or “Services” means any or all of the following services you use to access or manage your account(s): mobile banking, online banking, or other web-based applications or mobile-based applications. These services may be referred to in this Agreement by their individual names, or collectively as the Internet Banking Services. These services may be provided by Credit Union through software and/or services obtained from other third-party providers. At the present time, you may use Internet Banking Services to;
      • Withdraw funds by check via mail from your savings, checking, and money market accounts;
      • Transfer funds to and from your savings, checking, and money market accounts;
      • Obtain balance information for all of your accounts;
      • Make loan payments from your savings, checking and money market accounts;
      • Access your MasterCard Credit Card, Overdraft Line of Credit and Home Equity Line of Credit accounts;
      • Determine if a particular item has cleared;
      • Obtain tax information on amounts earned on deposit accounts or interest paid on loan accounts;
      • Verify the date and amount of any deposit including payroll deposits;
      • Obtain current loan interest rates, account histories, dividend and interest rates and calculate loan payments;
      • Transfer funds from your account to another account at Arapahoe Credit Union;
      • Communicate with the Credit Union using Secure Messaging (E-mail);
      • Obtain copies of statements;
      • Apply for a loan;
      • Open certain types of deposit accounts;
      • Obtain check copies;
      • Change your access code; and
      • Access Bill Pay Services (through “Bill Pay”).
   4. "Access ID" or "User ID" is the identification you use to access the internet banking services.
   5. "PIN" or "password" is the personal identification code selected by you and used to access the internet banking services.
   6. "Accounts" mean the accounts on which you are the owner or co-owner at Credit Union, and for which you use Internet Banking Services.
   7. "Device" means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
   8. "Remote deposit capture service" means the use of software and/or hardware provided by Credit Union to capture images of eligible items and deposit them to eligible accounts.
   9. "Business days" are Monday through Friday, excluding Federal bank holidays.
2. Acceptance of Terms and Amendments. Your use of the Internet Banking Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. From time to time, we may amend these terms and modify or cancel the Internet Banking Services we offer without notice, except as may be required by law. If you do not consent to a modification of this Agreement or the Service, you may terminate and discontinue your use of the Service at any time by notifying us. Your continued use of the Service will indicate your acceptance of the revised Agreement.
3. Governing Law. This Agreement and the parties' mutual rights, liabilities, and obligations shall be governed by the laws of the State of Colorado and, to the extent applicable, other applicable federal laws and regulations.
4. Membership and Account Agreement; Arbitration and Class Action Waiver. This Agreement is governed by the terms and conditions found in the ACU Membership and Account Agreement found at: https://www.arapahoecu.org/creditunion/pdf/md/welcomepacket.pdf. The Arbitration and Class Action Waiver found in Section 50 Membership and Account specifically applies hereto.
5. Access. To use the Internet Banking Services, you must be a member at ACU or a joint owner of an account at ACU, acquire the hardware and software required to access the Internet Banking Services for which you are enrolled and/or qualify, access to Internet service, and an e- mail address. You are responsible for the installation, maintenance and operation of your computer or mobile device or whatever hardware and software you use to connect to ACU’s Internet Banking Services and you agree that ACU shall not be responsible for any errors or failures involving any hardware you use to connect to use the Services. You must use your user name and password to access your accounts. Online Banking is accessible seven (7) days a week, 24 hours a day. However, the system may be temporarily unavailable from time to time for maintenance. The credit union cannot guarantee and is not responsible for the availability of the Internet Banking Services. The Internet Banking Services can be used to access only the accounts that you have designated for access. You can add or delete your accounts from this Agreement by contacting ACU. Access to your accounts through the Internet Banking Services will be based upon the identification of users and authority levels specified by you in the information you provide us. We undertake no obligation to monitor transactions through the Internet Banking Services to determine that they are made on behalf of the accountholder, except as required by law.
6. Your PIN(s) and Password(s). For security purposes, you are required to change your password upon your initial login to Internet Banking Services, and you may be required to establish and change PIN(s) and Password(s) for the other Internet Banking Services in which you enroll. You accept responsibility for the confidentiality and security of your PIN(s) and Password(s). Upon a number of unsuccessful attempts to use your Password to access Internet Banking Services, your access to Internet Banking Services will be revoked. To re-establish access, you must contact us to have your password reset. We may establish rules regarding the required length and/or complexity of PIN(s) and/or Password(s) used to access the Internet Banking Services.
7. Security. You understand the importance of your role in preventing misuse of your accounts through the Internet Banking Services and you agree to promptly examine your account statements as soon as you receive them and notify us immediately if you believe another person has attempted to access your account through the Internet Banking Services without your permission. You agree to protect the confidentiality of your account and account number, and your personal identifying information, including your Access ID(s), Password(s), and/or PIN(s). ACU may terminate your ability to access Internet Banking Services to protect against the misuse of your accounts.
8. Fees and Charges. Unless specifically disclosed, there are no fees for accessing your account(s) through the Internet Banking Services. Other fees may apply to services as described in applicable documents. These fees are outlined in the Fee Schedule that you received when you opened your accounts; you can view the most recent version of the Fee Schedule on ACU’s website at https://www.arapahoecu.org/creditunion/support/fees.html. You are responsible for any fees, including but not limited to, telephone, Internet, mobile, or text service fees you incur in connection with your use of the Internet Banking Services.
9. Enrollment in Service. We reserve the right to refuse Internet Banking Services to any member who does not meet the criteria established by us and/or any third party we contract with to provide the Internet Banking Services.
10. Transfers. Transfers initiated through Internet Banking Services before 5:00 p.m. (MST) on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day in most instances. Transfers completed after 5:00 p.m. (MST) on a business day, Saturday, Sunday or banking holiday, may be posted on the next business day.
    1. You may use the Service to transfer funds between your eligible Credit Union accounts ("Internal Transfer").
    2. You may use the Service to transfer to or from an account at another financial institution.
    3. You may use the Service to transfer to individuals.
    4. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount and any applicable fees.
    5. Electronic fund transfers initiated through Internet Banking Services which would result in an overdraft of your account can be canceled or refused, at our sole discretion.
    6. Federal regulations require financial institutions to limit the way withdrawals may be made from savings or money market accounts. Each transfer from a savings or money market account using the Internet Banking Services is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Membership and Account Agreement. You may be subject to fees or account conversion if you exceed the transactions limits of your Account using Internet Banking Services or any other methods outlined in your Membership and Account Agreement and accompanying disclosures.
    7. We may limit the type, frequency, and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
    8. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
11. General Mobile Banking Provisions.
    1. The availability, timeliness and proper functioning of Mobile Banking depends on many factors, including your Wireless Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your Wireless Device. Neither we nor any of our service providers warrant that the Services or the mobile app will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Mobile Banking, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of date or loss of personalized settings. You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Mobile Banking service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Device.
    2. Depending on your wireless plan, you may be charged an access fee to perform Mobile Banking. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any related network, Wireless Device or mobile network which you utilize to access Mobile Banking.
    3. The Services and Software are provided “As Is” without warranty of any kind, express or implied including, but not limited to warranties of performance or merchantability or fitness for a particular purpose or non-infringement or any other warranty as to performance, accuracy, or completeness.
    4. Any deposit account, loan, or other banking product accessed through Mobile Banking is also subject to the agreements and disclosures provided at the time of your account opening, and any other agreements you have with us.
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF ACU’S INTERNET BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND, (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE PROVIDE NO WARRANTY THAT INTERNET BANKING SERVICES ARE FREE FROM DEFECTS, COMPUTER VIRUSES OR WORMS, OR OTHER COMPUTER-RELATED PROBLEMS.
13. Your Responsibilities. You represent and agree to the following by using ACU’s Internet Banking Services:
    1. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Internet Banking Services. You represent and agree that all information you provide to us in connection with Internet Banking Services is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using Internet Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Internet Banking Services.
    2. User Security. You agree to take every reasonable precaution to ensure the safety, security, and integrity of your account and transactions when using Internet Banking Services. You agree not to leave your Device unattended while logged into Internet Banking Services and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Internet Banking Services, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Internet Banking Services is available for use in locations outside of the United States. Accessing Internet Banking Services from locations outside of the United States is at your own risk.
    3. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Internet Banking Services in any way that would: (i) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Internet Banking Services to impersonate another person or entity; (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) potentially be perceived as illegal, offensive or objectionable; (vii) interfere with or disrupt computer networks connected to Internet Banking Services; (viii) interfere with or disrupt the use of Internet Banking Services by any other user; or (ix) use Internet Banking Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
    4. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Internet Banking Services or resell, lease, rent, or distribute access to Internet Banking Services.
14. Touch or Face ID™ and Fingerprint Sign In. If you have a compatible Device, Touch or Face ID and Fingerprint Sign-In Authentication are optional authentication methods which may current be offered, or offered in the future by Credit Union to sign into Mobile Banking. Fingerprints and facial information is stored on your Device only. Credit Union never sees your fingerprint or facial information and does not store this fingerprint or facial information. You understand that by enabling Touch or Face ID or Fingerprint Sign-In, anyone who has fingerprint or facial information stored on your Device will have access to your personal and payment account information on Mobile Banking. ACU reserves the right to suspend or disable this feature at any time. Touch and Face ID and Fingerprint Sign-In can only be associated with one User ID at a time on a Device. If you believe someone has gained unauthorized access to your account or your password has been stolen, you agree to contact ACU as soon as possible.
15. Termination of Agreement and/or Services. You may cancel your Internet Banking Services at any time by notifying us by mail, phone, or electronically. Your access to the Internet Banking Services will be suspended after our receipt of your instructions to cancel the service. We may terminate, suspend, or limit your access to any or all of the Internet Banking Services for any reason at our sole discretion.
16. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OF BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED BY THE ONLINE AND MOBILE BANKING SERVICES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
17. Indemnification. You agree to be solely liable for the use or misuse of the Internet Banking Services agree to indemnify, defend, and hold harmless Credit Union and any third-party provider of software or services from any legal action or claim asserted against Credit Union and/or third-party providers by any other party relating to your use of the Internet Banking Services and any claims, liabilities, damages, costs and expenses (including reasonable attorney fees) incurred by Credit Union and/or its third-party provider as a result of your use or misuse of the Internet Banking Services.
18. Assignment. You may not assign this Agreement to any other party. We 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.
19. No Waiver. We will not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part 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.
20. Severability. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any of its provisions.

Remote Deposit Capture Services
21. RDC Services. Remote Deposit Capture services (“RDC”), one of the Internet Banking Services ACU provides, are designed to allow you to make deposits to your checking, savings, or money market savings accounts from remote locations by photographing checks and delivering the images and associated deposit information to Credit Union or Credit Union’s designated processor.
22. RDC Eligible Items. You agree to photograph and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Colorado. You agree that you will not use the Services to photograph and deposit any checks or other items as shown below:
    1. Checks or items payable to any person or entity other than you.
    2. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
    3. Checks or items containing obvious 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.
    4. Checks or items previously converted to a substitute check, as defined in Reg CC.
    5. Checks or items drawn on a financial institution located outside the United States.
    6. Checks or items that are remotely created checks, as defined in Reg CC.
    7. Checks or items not payable in United States currency.
    8. Checks or items dated more than 6 months prior to the date of deposit.
    9. Checks or items prohibited by Credit Union’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Credit Union account.
    10. To ensure that endorsements can be easily read and imaged, the standard requires that all endorsements preferably be applied to original checks in black or blue pen ink.
    11. Money Orders are not accepted and will not be approved for deposit.
    12. Any checks that are printed in light ink and do not reproduce a clear image will not be approved.
23. Image Quality. The image of an item transmitted to ACU using RDC must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. We may determine, at our sole discretion, whether an image of an item submitted through the RDF Service is of sufficient quality for acceptance and presentment.
24. Endorsements and Procedures. You agree to endorse any item transmitted through the RDC with your signature. Transmitted items through the Services are required to be restrictively endorsed with “For Mobile Deposit Only Arapahoe CU”. You agree to follow any and all other procedures and instructions for the use of RDC as the Credit Union may establish from time to time. The Credit Union reserves the right to reject any item transmitted through the Services for endorsements not following this agreement.
25. Transmission. Member shall be responsible for verifying Credit Union’s receipt of RDC transmission(s) by verifying that deposits have been posted to the appropriate Accounts. Member agrees to cooperate in any investigation to resolve any unsuccessful or lost transmission with the Credit Union. Transmitting a RDF file does not guarantee that the Credit Union received the file.
26. Receipt of Items. We reserve the right to reject any item transmitted through RDC, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete, nor does it mean that the item was accepted for deposit. You agree that we may review or verify any item deposited through RDC for any reason, without liability. If we reject an item through RDC, we may accept it through another method, such as at the branch.
27. Availability of Funds. Subject to the other provisions of this Agreement, funds deposited through RDC will generally be available on the second (2nd) business day after the day of your deposit. If your account has been open and in good standing for more than 31 days, the first $300 from such deposits may be made available immediately. If you make a deposit before 5:00 p.m. Mountain Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 5:00 p.m. Mountain Time or on a day we are not open, we will consider that the deposit was made on the next business day we are open. You agree that items transmitted using RDC are not subject to the funds availability requirements of Federal Reserve Board Regulation CC and that we may the delay availability of funds deposited through RDC if we determine that the item is not eligible as described in this Agreement or that the item is over any deposit limit we may establish, or if we believe for any reason that the item may not be paid.
28. Destruction of Original Items. After you use RDC to deposit an item, you agree not to deposit the same item anywhere else or through any other channel. You agree to retain the item for fourteen (14) days, or longer if we request it, and then destroy the item or otherwise make it incapable of further deposit or presentment by prominently marking the item as “Electronically Presented” or “VOID”. You agree to be liable for the failure to destroy items as described in this Agreement, or if an item is deposited through the Service and the same item is later presented or deposited again. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to ACU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for ACU’s audit purposes.
29. Returned Items. Member understands and agrees that an Item that is not paid by a Payor Financial Institution, or is otherwise returned for any reason, will be returned to Member and Member's Account charged for the amount of the Item plus any associated fee as disclosed in Credit Union's schedule of fees. Credit Union's right to charge the Account of Member will apply without regard to whether the Item is timely returned to Credit Union or whether there is any other claim or defense that the Item has been improperly returned to Credit Union
30. Deposit Limits. We may establish limits on the total number of checks or total amount of checks deposited through RDC. We may establish or change such limits at any time with or without notice to you.
31. Errors. You agree that the provisions of your Membership and Account Agreement regarding your responsibilities to notify us of errors apply to items deposited through the Remote Deposit Capture Service. You agree that the deposit of an item through the Remote Deposit Capture Service is not an "Electronic Funds Transfer" under the federal Consumer Financial Protection Bureau's Regulation E.
32. Limitations on RDC. When using RDC, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the RDC Service, in whole or in part, or your use of the RDC Service, in whole or in part, immediately and at any time without prior notice to you. You agree not to hold us liable for interruptions in the availability or functionality of the service, which may occur without notice to you for technical or other reasons.
33. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in ACU’s sole discretion subject to the Agreements, Terms and Conditions and Disclosures governing your account.
Bill Payment Services
34. Bill Pay. Bill Payment Services (“Bill Pay”), is another of the Internet Banking Services ACU provides. Bill Pay is designed to permit you to use your internet-enable devise to direct payments from your designed online Bill Payment Account to third parties you wish to pay (the “Payees”).
35. Third Party Vendor. You may be required to sign a contract provided by a third-party vendor providing the Bill Pay service, and/or consent to terms and conditions provided electronically.
36. Access. You must have a checking account with ACU to use Bill Pay. You must enroll in Bill Pay; once approved, you are required to submit merchant information to Bill Pay on all of the merchants you designate as payee (“Payee”). We reserve the right to restrict the types of Payee to whom payments may be made using Bill Pay from time to time.
37. Payments and Processing. In order to make payments through Bill Pay, you must designate a checking account from which the payments will be made and you must keep that checking account in good standing. You may not make payments from a savings account. You may schedule automatic, recurring payments or periodic one-time payments as you may request by following the instructions provided to you online. You must provide ACU the correct names of your payees, together with the proper address, account number, payment amount and any other information required to process the payment. All designated payees must be located in the United States. We will process payments on or within one Business Day from the date of your on-line session, if the session is before the end of the business day (before 4:00 pm Mountain Time). If the session is after the end of our business day or not on a business day, the time for processing the payment begins on the next business day. In order to ensure that your payments arrive on time at your payees, you must schedule the payment to be processed at least 7-10 business days before your payment due date. You may generally expect that the payment will be received by your payee, processed, and reflected on your account in this amount of time; however, we do not guarantee that your payment will be reflected by that date. We are not responsible if the payment is received or processed by your payee after your due date.
38. Missed Payments; Notice. If you are notified by one of your payees that payment was not received or remains unpaid, you must notify us within 7 business days so that we may investigate and correct any error that we may have caused.
39. Restrictions on Payees and Types of Payments. The following payments are prohibited through this service: tax payments; court-ordered payments; payments to payees outside the United States; payments to government agencies; other types of payments or payees as we may designate. If a payee designated by you does not participate in the service, we will notify you that the payment or future payments will not be processed. If we know of a payee who cannot process payments in a timely or responsible manner, we may refuse to make future payments to that payee, and will notify you accordingly.
40. Insufficient Funds and Overdrafts. You agree that sufficient funds to cover your scheduled payments will be kept in your designated accounts. If there are insufficient funds, we may refuse to make the transfer or we may overdraw your account. If you have signed up for Overdraft Protection on your designated accounts, the terms of your Overdraft Protection will govern overdrafts caused by Bill Pay. You are responsible for any non-sufficient funds (NSF) fees and overdraft fees that may be charged. We reserve the right to suspend your Bill Pay access in the event of overdrafts until such time that you have sufficient funds in your accounts to process your payments. Reactivation of the service may result in delays of your processing, and we are not responsible for any missed payments because of suspension due to overdrafts.
41. Cancelling Scheduled Payments. You may cancel any pending or scheduled payment. In order to do so, however, we must receive your cancellation at least 7 business days prior to the date the transaction is scheduled to be processed by us. If we do not receive your instructions in time, the payment may be processed and we will not be liable for making that payment in any way.
42. Sharing of Information. By using Bill Pay and scheduling payments, you are authorizing us to disclose any and all information, including non-public personal information and your financial information, that we deem necessary or appropriate in order to process your scheduled transactions. We use a third-party vendor to provide the Bill Pay service to you. This authorization to share and disclose information extends to that third party-vendor as well.
43. Liability. You are solely responsible for the safekeeping of, and access to your Bill Pay login information. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify the credit union and revoke their access. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. ACU is not responsible for a bill payment that is not made properly or if you did not otherwise properly follow the instructions for making a bill payment or using Bill Pay. The Credit Union is not liable for any failure to make a bill payment if you fail to promptly notify ACU that you have not received credit from a payee for a bill payment. ACU is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be ACU’s agent. If we do not complete a properly scheduled transfer for which you provided us all necessary and correct payment information, we will be liable to you for the actual damage or loss that you suffer. If we make an error in a transfer that we complete, our only responsibility is to correct that error; we will not be liable for any indirect, consequential, or other damages. We will also not be liable for any transfer that cannot be processed or completed because of legal restrictions on your account, or for any transfer that we are not bound to complete under the terms of this agreement. We provide no Warranty of Merchantability, Warranty of Fitness for Particular Purpose, or warranty against non-infringement of third-party rights regarding any software, browser, equipment, or other services. We provide no warranty that Bill Pay services are free from defects, computer viruses or worms, or other computer-related problems. IN ANY EVENT, ACU SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE LOSSES, DAMAGES, OR EXPENSES IN CONNECTION WITH BILL PAY, EVEN IF ACU HAS KNOWLEDGE OF THE POSSIBILITY OF THEM. You are solely responsible for funds to pay your bills set up through Bill Pay. ACU is not liable for any act, failure to act, or delay in acting if it is caused, in whole or in part, by any cause beyond the Credit Union’s reasonable control.
44. Termination. ACU has the right to terminate your Bill Pay services at any time. You may terminate Bill Pay services at any time. Termination of your Online and Mobile Banking services will automatically terminate your Bill Pay service. You must cancel all future payments prior to canceling this service and give ACU a reasonable opportunity to act. If you do not, we may continue making payments and will not be liable to you in any manner for doing so.