This agreement (this “Agreement”) governs your and our rights and responsibilities concerning this website (the “Service”). This Service is provided to you with the express condition that you be bound by this Agreement. Please read this Agreement carefully before you consent and keep a copy for your records. If you do not agree to these terms, you are not authorized to use this website. This Agreement supersedes any prior agreement between you and us pertaining to the Service. You agree to be bound by all terms and conditions contained in this Agreement, which are in addition to the terms and conditions in our other agreements with you.
Definitions: In this Agreement, the plural form of a word also means the singular, and vice versa. “You,”“your,”or “yours” meanseach of you who uses this website including Credit Union members and members of the general public. “Credit Union,” “we,” “us,”“our,” or “ourselves” means the Credit Union providing this Agreement to youand any service providers. “Access Code”means any username, password, personal identification number (commonly known as a “PIN”), Biometric, token, security picture and phrase, or security questions you use to access any Account. “Access Device”means any device that we allow you to access or to use any Account or other service including any computer, smart-phone, or other hardware. “Biometric”means measurable biological (anatomical and physiological) or behavioral characteristics used for identification including but not limited to fingerprints, irises, voice patterns, palm prints and facial patterns.
You agree that, when you use the Service, you remain subject to the terms and conditions of this Agreement in addition to the terms and conditions in our other agreements with you and with any unaffiliated service providers, including, but not limited to, your Internet service provider or mobile service provider and that this Agreement does not amend or supersede any of those unaffiliated service provider agreements. You understand that those agreements with unaffiliated service providers may provide for fees, limitations and restrictions that might affect your use of the Service (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Service), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that any unaffiliated service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with those products and services directly with your unaffiliated service provider. the Service may not be accessible or may have limited utility over some network carriers and may not be supported on all Access Devices.
Alerts:If you set up alerts (“Alerts”) in the Service, we will send information to the contact information you specify. Please be aware that the information transmitted may not be secure, and we cannot guarantee the security of any such information. We will not be liable to you for any losses caused by your failure to properly use or respond to Alerts. We assume no responsibility for the timeliness, accuracy, completeness, reliability, deletion, or misdelivery of any Alerts. You agree that we will not be liable for any delays in the content, or for any actions you take in reliance thereon.
Service Providers:We are offering you this Service through one or more service providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to service providers all the rights and performance obligations that we have under this Agreement, and that the service providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
Optional Third-party Services: In connection with your use of the Service, you may become aware of services, products, offers and promotions provided by third parties (“Optional Third-party Services”). Third-party Services may contain agreements, including but not limited to, terms and conditions, privacy policies and usage agreements that are different from ours. If you access or use Optional Third-party Services, you agree to and are responsible for reviewing and understanding all agreements governing any Optional Third-party Services, as they may be altered or amended from time to time. By accessing or using any Optional Third-party Service, you are granting us and the Optional Third-party Service permission to use your information for the following purposes: (a) updating and maintaining Account information; (b) as pertains to the use, function, or performance of the service; (c) as necessary or useful to diagnose or correct errors, problems or defects; (d) for measuring downloads, acceptance or use of the service; (e) for the security or protection of the service; (f) for the evaluation, introduction, implementation or testing of the service or their upgrade, improvement or enhancement; (g) to assist us in performing our obligations to you in providing the service; or (h) as stated in their or our agreements with you. You agree that the third-party is responsible for the performance of the Optional Third-party Services. You understand that we make no warranties and have no liability for Optional Third-party Services as to: (a) any offers, commitments, promotions, money back, or other incentives or benefits offered; (b) any information or content provided to you; (c) your inability to comply with offer guidelines; (d) the security, accuracy, timeliness, delay, loss or corruption, or misdelivery of any information; (e) unauthorized access to your Account, Account information, or misappropriation or alteration thereof to the extent that the unauthorized access results from your acts or omissions or the third parties’ acts or omissions; (f) any unavailability to the service or consequential damages that may result; and (g) any information you communicate to Optional Third-party Services.
Optional Third-partyServices may contain or reference links to websites operated by third parties (“Third-party Websites”). These links are provided as a convenience only. Such Third-party Websites are not under our control. We are not responsible for the content of any Third-party Website or any link contained in a Third-party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-party Websites, and the inclusion of any link in the Optional Third-party Services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third-party Website. In no event, will we be responsible for the information contained in such Third-party Website or for your use of or inability to use such website. Access to any Third-party Website is at your own risk, and you acknowledge and understand that linked Third-party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
User Security:You agree to be responsible for and to take every precaution to ensure the safety, security and integrity of your personal information, Access Codes and Access Devices when using the Service. We do not retain liability or responsibility for your care or use.
No Commercial Use or Re-Sale:You agree that the Service is only for the personal or business use of authorized individuals. You agree not to make any commercial use of the Service or resell, lease, rent or distribute access to the Service.
User Conduct/Acceptable Use:You agree that you are independently responsible for complying with all applicable laws in all your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from and agree not to use the Service or the content or information delivered through the Service for communications or activities that: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent including, but not limited to, use of the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing Internet gambling, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) 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; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Service; (i) interfere with or disrupt the use of the Service by any other user; or (j) permit unauthorized entry or access to the computer systems of others. We encourage you to provide notice to us any violations of this section or the Agreement generally.
Intellectual Property:All marks and logos related to the Service may be trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts may be our service marks, trademarks, and/or trade dress of us or those of our Affiliates or licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title, and interest in and to the Service, the portion of the Service through which the Service is offered, the technology related to the Service and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Indemnification:Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold the Credit Union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from: (a) a third-party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third-party; or (c) your use, or use by a third-party, of the Service.
Alterations, Amendments and Updates: We may alter or amend the terms of this Agreement, the Service and any associated fees from time to time, and we will post any changes to the website or as required by applicable law. Any use of the Service after we post the change will constitute your agreement to such change. Further, we may revise or update the Service from time to time in our sole discretion, and any such revision or update may render all such prior versions obsolete. As a result, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and related material as well as to permit access to the Service’s most recent version only.
From time to time, we may add, modify or cancel any feature or service without notice, except as may be required by applicable law. Any new feature or service will be governed by this Agreement and by any agreement provided to you at the time the new feature or service is added or at the time of enrollment for the feature or service, if applicable.
Termination of Service: You agree that we may terminate this Agreement and your use of the Service for any reason or no reason at any time.The termination of this Agreement will not affect your or our rights and responsibilities under this Agreement before termination.
Enforcement: This Agreement or any claim or dispute arising under this Agreement will be construed in accordance with and governed by the laws of the State of Oklahoma, together with specifically applicable federal laws governing this Agreement. If any law or judicial ruling renders any term or condition of this Agreement unenforceable, the remaining terms and conditions will remain in full force and effect.
Waiver:We have the right to waive the enforcement of any term or condition of this Agreement. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.No such waiver will modify the terms and conditions of this Agreement.
Disclaimer of Warranties:YOUR USE OF THIS SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE 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 (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Other Limitations of Liability:We will make all reasonable efforts to ensure the availability of the Service. However, there may be certain times when the Service is unavailable because of maintenance (scheduled or unscheduled) or as a result of unforeseen events such as earthquakes, fires, floods, etc. We will not in any way be liable for the unavailability or any consequential damages that may result. We make no representation that any content or use of the Service is available for use in locations outside of the United States. Accessing and using the Service from locations outside of the United States are at your own risk. We will not be liable to you for any losses caused by your failure to use the Service properly. We have no responsibility or liability whatsoever as to your Access Device, your software, Internet service, or any use thereof.
We control our website and the electronic services that we provide (excluding linked sites) from our principal office in Tulsa, Oklahoma. While you may choose to access our website and electronic services from other locations, we make no representation that any information, materials or functions included on our website or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own initiative; and you are solely responsible for compliance with any Applicable Law.
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, ONLINE BANKING, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Assignment:You may not assign this Agreement to any other party. We may assign this Agreement or assign or delegate certain of our rights and responsibilities to any affiliated company, independent contractor or other third-party service providers.
Complete Agreement:You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Service through which the Service is offered, and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including, but not limited to, its customer care personnel), the terms of the Agreement will prevail.