NUMARK CREDIT UNION EXTERNAL LOAN PAYMENTS AGREEMENT AND DISCLOSURE
This External Loan Payment Agreement and Disclosure (this “Agreement“) sets forth the terms and conditions governing your use of our External Loan Payment Service. By checking the box at the end of this Agreement, you agree to the terms and conditions of this Agreement, and your acceptance of this Agreement on one computer or Mobile Device constitutes your acceptance on any computer or Mobile Device that you may use to access the Online Service. As used herein, the terms “we,” “us,” “our,” and the “Credit Union” refer to NuMark Credit Union. “You” and “your” refer to each person who has applied for or uses the External Loan Payment Service. Each of your Accounts is also governed by the applicable account agreement and disclosure statement (“Account Disclosures“).
This Agreement provides consumer protections for our Members who use the External Loan Payment Service for personal, family, or household purposes, and those consumer protections set forth in this Agreement do not apply if the External Loan Payment Service is used for business purposes.
In addition to those terms otherwise defined herein, the following terms when used in this Agreement shall have the following meanings:
“Accounts” means your accounts with us that are eligible to be accessed through the Online Service and/or Mobile Banking.
“Business Day” means Monday through Friday, excluding any federal or bank holidays.
“Computer” or “Personal Computer” or “PC” means your computer, computer system, or any other method of access used to access our website and related equipment and software.
“Due Date” is the date reflected on your Payee statement for which the payment is due; it is not the past due date or grace period.
“Online Banking” shall mean a system allowing individuals to perform banking activities via the Internet.
II. EXTERNAL LOAN PAYMENTS
You may use the Platform to make one−time funds transfers from accounts that you maintain with third−party financial institutions (“Third−Party Accounts”) to make payments on NuMark Credit Union loan−related Accounts (“External Loan Payments”). You agree to follow any applicable instructional material we provide to schedule and initiate External Loan Payments.
A. Service Providers. You acknowledge and agree that we may make the External Loan Payment Service available through or by using one or more third−party service providers. You agree that we have the right to delegate to such service providers all of the rights and performance obligations that we have under this Agreement, and that such 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.
B. Access to Your Third Party Accounts. When you use the NuMark Credit Union Platform to transfer funds from Third−Party Accounts, you authorize us to initiate a transaction on your behalf with the financial institutions that maintain such Third− Party Accounts and to retrieve information, and you hereby appoint us as your agent for this limited purpose. You hereby represent to us that you are a legal owner of each Third−Party Account and that you have the right and authority to designate us as your agent in connection with your use of the External Loan Payment Service. If any Third−Party Account is owned by you jointly with other persons, you represent and warrant that each joint owner has consented to your use of NuMark Credit Union’s External Loan Payment Service in connection with that Third−Party Account. You, and any joint account holder, are responsible for all fees and charges associated with your Third−Party Accounts and for compliance with all terms and conditions governing or related to such Third−Party Accounts. You acknowledge and agree that we are in no way responsible or liable for your Third−Party Accounts or any products or services related to your Third−Party Accounts, or for any acts or omissions by the financial institutions that maintain such Third−Party Accounts, including (without limitation) any modification, interruption, or discontinuance of any Third−Party Account or any related product or service by such financial institutions. For all purposes related to NuMark Credit Union’s External Loan Payment Service, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorney−in−fact and agent, with full power of substitution and re−substitution, for you and in your name, place, and stead, in any and all capacities, to initiate transactions with the financial institutions that maintain your Third−Party Accounts, to retrieve information, and to use such information, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person or otherwise. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE INITIATE TRANSACTIONS WITH AND RETRIEVE INFORMATION FROM THIRD−PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that our third party service providers and contractors shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.
C. Accuracy of Information You Provide. You agree to provide true, accurate, current and complete information about yourself and your Third−Party Accounts, and you agree not to misrepresent your identity or information related to your Third−Party Accounts, which information may include user names, passwords, or other access devices for such Third−Party Accounts. You agree to keep all of such information up to date and accurate. You acknowledge that we will rely on the information provided by you, and you authorize us to act on any instruction which has been, or reasonably appears to have been, sent by you. We are not obligated to take any further steps to confirm or authenticate such instructions and may act upon them without further confirmation. You acknowledge and agree that financial institutions receiving requests for the release of Third−Party Account information may rely and act upon such requests. If instructions identify a financial institution for a Third−Party Account by name and number, NuMark Credit Union may execute those instructions by reference to the number only, even if the number does not correspond to the name. You acknowledge that financial institutions may not investigate discrepancies between names and numbers. We shall have no liability for any losses resulting directly, or indirectly, from any of your errors, duplications, ambiguities, or misrepresentations in the information that you provide.
D. Verification of Instructions. You acknowledge and agree that any financial institution maintaining a Third−Party Account may contact us to verify the content and authority of instructions and any changes to those instructions. You agree that we, as your agent, may provide to such financial institution such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Third−Party Account. You agree to allow us to authorize any financial institution that maintains a Third−Party Account to accept instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to release your Third−Party Account information based solely on these communications.
E. Communications. You authorize us to select and use any means we deem suitable to provide instructions to any financial institution that maintains a Third−Party Account. These means may include banking channels; electronic means; mail, courier, or telecommunications services; intermediary financial institutions, and other organizations. You agree to be bound by the rules and regulations that govern applicable systems and networks, including (but not limited to) the rules and regulations of the Clearing House Interbank Payments System (CHIPS) and the National Automated Clearing House Association (NACHA).
F. Information from Third Party Accounts. We have no responsibility to review Third−Party Account information provided by you for accuracy, legality, or non−infringement, or for any other purpose. We will not be liable for technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other Service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non−delivery, or failure to store any user data, communications, or personalization settings. We make no representation or warranty that any Third−Party Account information displayed through NuMark Credit Union’s External Loan Payment Service is the most complete, timely, current, or up to date information relating to the Third−Party Account that is available from the financial institution that maintains such Third−Party Account. You should contact the financial institution that maintains your Third−Party Account for verification and confirmation of any information relating to the Third−Party Account. Not all types of Third−Party Accounts are accessible through the External Loan Payment Service, and we reserve the right to qualify and disqualify any types of Third−Party Accounts in our discretion. It is your responsibility to check with the financial institutions that maintain your Third−Party Accounts for restrictions regarding your retirement (401k, IRA, etc.), savings, trust, loan, custodial, business, corporate, and other account types. You agree that we shall not be liable for any costs, fees, losses, or damages of any kind incurred as a result of (i) our access to your Third−Party Accounts, (ii) any inaccuracy, incompleteness, or misinformation contained in the information retrieved from the Third−Party Accounts, or the untimeliness of any such information, (iii) any charges imposed by any financial institution that maintains any Third−Party Account, (iv) the actions or inaction of any financial institution that maintains any Third−Party Account, and/or (v) any action or inaction by you in reliance on any information obtained by you from or through NuMark Credit Unions External Loan Payment Service.
G. Use of Submitted Information; Promotion of Products and Services. By submitting information about your Third−Party Accounts, data, passwords, user names, PINs, other log−in information, materials, and other content you submit to us through NuMark Credit Union’s External Loan Payment Service, together with information that we create or compile about your use of the External Loan Payment Service (“Submitted Information”), you acknowledge and agree that we may use, copy, modify, display, store, create new material from, and distribute such Submitted Information (i) to provide the External Loan Payment Service to you, (ii) to contact you regarding the External Loan Payment Service status and usage and to inform you about other matters relevant to the External Loan Payment Service and or the information collected by or through the External Loan Payment Service, (iii) to provide information to you about enhancements to the External Loan Payment Service, (iv) to respond to your questions or comments about the External Loan Payment Service, (v) to conduct surveys about the External Loan Payment Service, (vi) to improve the operation of the External Loan Payment Service.
III. GENERAL TERMS
B. Ownership of Intellectual Property. Either we or our service partners retain all ownership and proprietary rights in the Online Service, associated content, technology, and website(s), and the content, information and offers on our website are copyrighted by us and the unauthorized use, reproduction, linking, or distribution of any portions is strictly prohibited. You may not use Online Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to our business interest, or (iii) to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute, or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Online Service.
C. Third Party Websites. The Online Service may contain or reference links to websites operated by third parties (“Third Party Websites“). These links are provided as a convenience only. Third Party Websites are not under our control, and we are not responsible for the content of or links contained in any Third Party Website. You agree that we are not responsible for any provisions or terms in a Third Party Website and have no liability for any Third Party Website.
D. Geographic Restrictions. Although we do not restrict your use of the Online Service outside of the United States, other countries may impose limits on your access.
E. Governing Law. This Agreement, with the exception of Bill Payment, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions. Any disputes involving Bill Payment shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions.
F. Indemnification. In addition to the indemnifications and limitations on liability contained in the Account Disclosure, you hereby indemnify and hold us harmless and each of our directors, officers, employees, agents, successors, and assigns (“Indemnitees“) from and against all liability, loss, and damage of any kind (including attorneys’ fees and other costs incurred in connection therewith) incurred by or asserted against such Indemnitee in any way relating to or arising out of (i) your use of the Online Service, (ii) any failure by you to comply with the terms of this Agreement or breach by you of any representation or warranty contained herein, (iii) any failure by you to comply with applicable laws and regulations, (iv) any acts or omissions of you or any third party, (v) our reliance on the information, instruction, license, and/or authorization provided by you under this Agreement, or (vi) your infringement or infringement by any user of your Account(s) of any intellectual property or right of any person or entity.
G. Amendment; Waiver. We reserve the right to amend or modify this Agreement at any time in our sole discretion, upon notice to you. Your continued use of the Online Service following such notice constitutes your acceptance of any amendment or modification of this Agreement. We shall 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.
H. Termination of Agreement. We may terminate this Agreement, in whole or in part, or suspend or terminate your access to the Online Service at any time in our sole discretion, with or without notice. If your access to the Online Service is terminated, any unprocessed transfers, including recurring transfers and Bill Payments, will be canceled and not processed. To request reinstatement of the Online Service, call Member Support at 815-729-3211 or by writing us at P.O. Box 2729, Joliet, IL 60434.
I. Continuing Rights. You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions.
J. Force Majeure. We shall be excused from failing to act or any delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, or other circumstances beyond our control. Also, we may cause any or all of the Online Service to be temporarily unavailable to you, with or without prior notice, for site maintenance, security, or other reasons.
K. Assignment. This Agreement is personal to you and may not be assigned. We may assign this Agreement in our sole discretion and may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
L. Entire Agreement. This Agreement, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Online Service.
M. Headings; Severability. The section headings of this Agreement are for convenience only and shall not limit or affect the meaning or construction of any of the provisions of this Agreement. If for any reason any provision or portion of this Agreement is found unenforceable, the remaining provisions will continue in full force and effect.
IV. OUR CONTACT INFORMATION
You may contact us at any time by calling the Member Service Center at 815-729-3211or by writing us at P.O. Box 2729, Joliet, IL 60434 or via secured e-mail.