1. EQUIPMENT AND SOFTWARE
One of the following devices (collectively Equipment) is required to access the Services: Personal computer and modem; or Touch tone telephone If you access the Services by use of a personal computer, you agree: (1) to use Personal Financial Management (such as Quicken or Microsoft Money) or Internet Services Provider software products (Software); (2) the Software, and any future upgrades, must be loaded and operational on your personal computer and you must use a modem to access the Services through the designated interface Equipment and Software; (3) as this service becomes available, to receive account information by electronic transmission of a visual display of the text. You may request a paper copy of electronic notices required by federal regulations within 60 days of the availability of the electronic disclosure. Contact Member Service for available user guides for the Software. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
2. ACCOUNT ACCESS
To have access to the Services you must be an authorized user of the Software you select, if required for use with the Equipment. You must also have at least one eligible deposit or credit account with us. If you have more than one account or other relationship with us, we will "link" the relationships together unless you request certain accounts not be linked. Accounts, which are “linked” under the Services, will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service. An account that requires two or more signatures to make withdrawals may not be designated as an Eligible account. Eligible accounts are the following Bellco personal account types that you request access to through the Available Services: checking, savings, credit card, consumer loan and time deposit.
3. ACCESS CODES
During your first use of the Services, you are required to select: Member Account Number and Automated Phone Banking PIN. Additional numbers and words may be required depending on the equipment and software used. Use of these Access Codes is the agreed security procedure to access the Services through any of the equipment. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other credit union products.
4. AVAILABLE SERVICES
Depending upon the particular features and the equipment you select, you may be allowed access to the following Services by first entering your Access Codes: (a) Account Information. You may obtain an account summary, interim statements, last 15 deposits, and last 15 checks, last 15 ATM/Debit Card transactions, and other information about your Eligible account(s) at the Internet Computing Site. (b) Funds Transfers. You may use your computer to transfer funds to and from any of your Bellco Eligible account(s). If you will be transferring funds between your Eligible accounts through use of Bill Payment at the Internet Computing Site or Quicken, you will be required to provide a PFM number, PIN and Codeword or an Access Identification Number and Password for use of Microsoft Money. Transfers of funds between your Bellco Eligible account(s) are limited to $99,999.99 per transfer. Electronic Bill Payment transactions are limited to $9,999.00 per transaction. (c) Balance Information. You may experience inconsistent or delayed balance information depending on the Equipment used to access the Services.
Through the use of certain Equipment and/or Software, you can use email to contact us however, email is not a secure method of communication over the Internet and we recommend you do not send confidential information by email. If you would like a secure way to contact us, please use the secure Answer Center on our website.
6. ONLINE FEE
Once you are an enrolled user of the Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services. You authorize us to automatically deduct all applicable charges and fees from the primary Eligible checking account you have with us.
7. REPORTING UNAUTHORIZED TRANSACTIONS
If you believe that an unauthorized transaction has been or may be conducted from your deposit account without your permission, call: (303) 689-7800 or 1-800-BELLCO1 or fax us at: (303) 680-7942.
8. PERIODIC STATEMENT
You will be mailed periodic statements for your Eligible account(s) with the regularity provided for in the Depositor, credit card, overdraft protection or line of credit agreement. Mailed statements are the default but you may elect to receive eStatements instead by indicating this preference in the “Statement” section within online banking. You may change this election at anytime. In addition to reflecting your other account activity, your statements will include any transfers or bill payments you authorize using the Services.
9. BUSINESS DAYS AND HOURS OF OPERATION
Our call center’s business days are Monday through Friday except Federal holidays. An agent will be available to assist you between the hours of 8:00 am to 5:00 p.m. MT. Although electronic bill payment transactions can be processed only on business days, you can use your Equipment to reach us 24 hours a day, seven days a week, except during routine or special maintenance periods.
10. YOUR RESPONSIBILITY
You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons to use the Services or your Access Codes, you are responsible for any transactions they authorize from your linked deposit accounts. You should notify us immediately at 1-800-BELLCO1 if you believe any of your accounts have been accessed or your Access Codes have been taken or used without your permission. Telephoning us right away will help you reduce possible losses. To the extent a transaction is an electronic fund transfer, you can lose no more than $50 if you notify us within two business days of discovering any unauthorized use of the Services or your Access Codes. However, you can lose as much as $500 if you do not notify us within two business days of discovering the unauthorized use and we can prove that we could have prevented the unauthorized use had we been notified. Further, if you do not report unauthorized transactions that appear on any of your periodic statements within 60 days and after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If a good reason (e.g. a long trip or a hospital stay) kept you from letting us know, we may be able extend the time periods.
11. OUR RESPONSIBILITY
We, or a third party acting as our agent, are responsible for completing fund transfers and bill payments on time according to your properly entered and transmitted instructions. However, neither we nor the Service Provider will be liable: If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed. If you have not properly followed Software or bill payment service instructions on how to make a transfer or bill payment; If you have not given complete, correct and current instructions so that a transfer or bill payment can be made; If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due; If a timely bill payment is made but the payee nevertheless does not credit your payment promptly after receipt; If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process; If our agent or we reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed; If your Equipment and/or the Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment; If circumstances beyond our or our agent's control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.
12. DISCLOSURE OF ACCOUNT INFORMATION TO OTHERS
As described below, we may disclose information to third parties about your accounts if: We have entered into an agreement to have another party provide the bill payment service. We will provide the third party with information about your linked deposit accounts, your Services transactions, and your electronic mail messages in order to carry out your instructions; It is necessary for completing transfers and bill payments; It is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the bill payment Services; In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; If you give us your written permission.
13. ELECTRONIC FUND TRANSFER ERROR RESOLUTION
In case of errors or questions about any bill payment service transaction or other electronic transfer initiated from your deposit account(s) under the Services, contact us immediately. Telephone us at: (303) 689-7800 or 1-800-BELLCO1 or fax us at: (303) 680-7942. If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we send or deliver to you the FIRST statement on which the problem or error appeared. To report an error you must provide us with the following information: Tell us your name and account number(s). Describe the suspected error or the nature of the problem, or describe what information you need. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question, in which case, we will re-credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may not recredit your account during the investigation. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
14. LIABILITY OF LOSS OR ERRONEOUS DATA
You or the credit union will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which the you or the Credit Union may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of yourcomputer system.
15. CHANGES/INTERRUPTIONS IN SERVICES
We may on a regular basis perform maintenance on our equipment or system that may result in interrupted service or errors in the Service. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. If access to the Services is interrupted or unavailable through use of your personal computer and modem, you may use your touch-tone telephone to obtain access.
16. HARM TO COMPUTER SYSTEMS/DATA
You agree that our liability for viruses, worms, Trojan horses, spyware, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.
17. PERFORMANCE OF SOFTWARE AND ELECTRONIC SERVICE
In no event will we or our officers, directors employees or agents be liable to you for any consequential, incidental or indirect damages arising out the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
You agree we may release, or assist in the release of credit and other account information to a third party as may be necessary to process a transaction or resolve disputes. We may also share the information you provide us with our affiliates.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
20. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, COMPLETENESS, ACCURACY OR FREEDOM FROM COMPUTER VIRUS. WE DO NOT ENDORSE NOR ARE WE RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY PARTY, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR MEMBER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE AND OTHER CONTENT.
21. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
IN NO EVENT WILL WE, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A MEMBER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
22. OWNERSHIP OF MATERIALS
The content and information on our site is copyrighted by Bellco and/or Corporate Network eCom, LLC and/or licensed to us and the unauthorized reproduction or distribution of any portions is prohibited. "Memberstreet," "Corporate Network" and "Corporate Network eCom" are trademarks of Corporate Network eCom, LLC. Other trademarks, logos and service marks displayed on the Site to identify the source of the services and products are our property or the property of the respective third-party owners. All information and content including any software programs available on or used to operate the Site ("Content") is proprietary to the respective owners. Members are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any of the Marks or Content available on or through the Site for commercial or public purposes.
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
24. AREA OF SERVICE
The Services described in this Agreement are solely offered to members in good standing of Bellco Credit Union.
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Colorado.
26. ARBITRATION OF DISPUTES
If either you or we have any irresolvable dispute or claim concerning the Services, it will be decided by binding arbitration under the expedited procedures of the American Arbitration Association ("AAA"). Arbitration hearings will be held in Denver, Colorado. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgment on the award of the arbitrator may be entered by a court.
27. NO SIGNATURE REQUIRED
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit your designated Eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
28. AMENDMENT OF THIS AGREEMENT
We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Services is your agreement to the amendment(s). Depositor's credit card, overdraft protection and line of credit agreements will continue to apply or in accordance with our published Schedule of Fees, as amended from time to time.
We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
We may assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party.
Either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) days prior written notice of termination to the other party, and we may terminate this agreement and any service provided hereunder immediately upon suspicion of fraudulent use of the site or any of the services. If you terminate a bill payments service, you authorize us to continue making fund transfers and bill payments you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers or payments from your Eligible account, including any fund transfers or bill payments you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
32. GOVERNING LAW
These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to Colorado's conflict of law provisions. Your existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where the Bellco branch is located, at which you initially established your account, is located or has been transfer by the credit union.
33. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and us for Online Access Services and it supersedes any marketing or other similar material pertaining to the Services delivered to you in writing, verbally or obtained at our site or the site of a Internet Service Provider, such as AOL.