FUNDS TRANSFER and POPMONY® SERVICE AGREEMENT AND DISCLOSURES
With our fully interactive on-line money movement service (the "Online Money Movement Service" referred to in this agreement as the "Service", includes both Funds Transfer and Popmoney® ), you may transfer funds from any of your accounts at any financial institution to any other account held by you or another person at the same or another financial institution - referred to in this agreement as "Accounts" - assuming, of course, that the transfer is permitted by your financial institution and by law.
Please take a few minutes to read this Online Money Movement Service Agreement (referred to throughout as the "Agreement"). Any reference to General Electric Credit Union ("GECU") in this Agreement includes any directors, officers, employees, contractors, service providers, agents or licensees of GECU. As used in this Agreement, the words "you" and "your" refer to you as the user of the Service; the words "we," "us," "our" and any other variation thereof refer to GECU. After you have read this information, click the "I Agree to accept these terms and conditions" button to start enjoying the convenience and financial security of Online Money Movement!
Usage Fees - Usage fees for Funds Transfer and Popmoney® are account and transaction specific and will be properly disclosed before a transaction is executed. Refer to the GECU Fee Schedule on www.gecreditunion.org and/or the fee schedule within Popmoney®.
Acceptance of Terms - This Agreement sets out legally binding terms and conditions (the "Terms") of the Service. If you do not agree to all the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all the Terms, you will not be entitled to use the Service. GECU reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, GECU will notify you of any material change to the Terms. In most cases, you will receive the notice on-line the next time you log in; however, GECU reserves the right to notify you by e-mail or by conventional mail, in its discretion. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. If you do not agree to the changes, or if at any time, you wish to discontinue your use of the Service, you can unsubscribe by contacting GECU and you will no longer be entitled to use the service. Once your account with GECU has terminated for any reason, you will have no further right or access to use the Service. To use the Service, you must be at least eighteen (18) years old and be a resident of the United States.
Information Authorization - You authorize us to verify your identity by obtaining information about your credit history from a consumer reporting agency. GECU and our service provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. We or our Service provider reserve the right to accept or deny you access to the Service if we cannot verify your identity and/or other required information and criteria. We may approve or decline your application for the Service based upon our review of your consumer credit report, along with other information we deem relevant. If we deny your request to use the Service, you may obtain a free copy of the consumer credit report that we used from the consumer reporting agency that issued the report. You may view, download and print a summary of your rights under FCRA, including information on how to obtain a copy of your consumer report, at any time by contacting GECU.
In addition to obtaining a consumer credit report, GECU and our service provider reserves the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Service, we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account specified at. The test credit will occur before the test debit and will be of the same or lesser amount, so that the balance in any of your Accounts will not be less than the actual balance.
Once the test transfer is completed we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account or other means of verification as requested.
User Content - Subject to GECU 's Privacy Policy, you agree that GECU may use, copy, modify, display and distribute any information, data, materials or other content (the "Content"), allowed by law, you provide to GECU for the purpose of providing the Service, and you hereby give GECU a license to do so. By submitting Content, you represent that you have the right to license and provide such Content to GECU for the purposes set forth in this Agreement.
Accounts - You understand that in order to complete fund transfers, it is necessary for GECU and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to affect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party or other rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit GECU and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
For as long as you are using the Service, you give to GECU and our service provider a limited power of attorney and appoint GECU and our service provider 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 access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once GECU and/or our service provider has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement, this limited power of attorney is automatically revoked; provided, however, that any act done by GECU and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider other than GECU is independent of GECU and your use of the Service. GECU will not be responsible for any claims, acts or omissions by any other financial institution, or liability created by such institution, or other provider of any Account(s), including without limitation any modification, interruption or discontinuance of any Account(s) by such other provider or financial institution.
YOU ACKNOWLEDGE AND AGREE THAT WHEN GECU AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, GECU AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT ON BEHALF OF ANY THIRD PARTY. You agree that GECU, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney expressly granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS, COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF:
The following account types are not eligible for the Service: Guardianship, Representative Payee, Trust, Custodial, Conservatorship, Estate, Business and Minor. If a minor member has a joint owner on all sub-shares who is 18 years or older, he/she will be eligible to use the Service. Be sure to check with your financial institution for restrictions regarding transfers among ANY of your accounts. We are not responsible for any claims, costs, damages or losses of any type whatsoever incurred from fund transfers that are not permitted under such restrictions by the provider of your Account(s) or those imposed by applicable law.
ELECTRONIC COMMUNICATIONS
General Consent; Categories of Records - The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
Although GECU reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
How to Withdraw Consent - If you have registered for the Service and you wish to withdraw your consent to use this Service or by having Communications provided in electronic form, you must expressly cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Service cancellation policies).
How to Update Your Records - You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the My Settings page on Online Banking. GECU is not responsible for any claims, damages, losses or cost relating to your failure to update your records or personal information as required by this Agreement.
Delivery of Electronic Communications - Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when GECU or our service provider sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after GECU or our service provider posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by GECU 's or service provider's e-mail server to the e-mail address you have provided to GECU. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You expressly agree and accept each of these procedures for sending and receiving electronic Communications.
Hardware and Software Requirements - In order to access and retain Communications, you must have:
Privacy Policy and Confidentiality - We regard your privacy and security with the utmost importance, and we are committed to safeguarding any information that you share with us in accordance with our Privacy Policy and in a commercially reasonable manner. In order to provide the Service, we must obtain from you certain personal information about you, your Accounts, and your transactions (referred to herein as "User Information"). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our Privacy Policy.
All of your personal and financial information will be placed on a secure portion of our website. We have multiple levels of security that have been designed especially for us. You can see a full description of our Privacy Policy at www.gecreditunion.org. You agree, however, to indemnify, defend and hold harmless GECU, its directors, officer, employees and agents from any claims, costs, liability or damages whatsoever related to a confidentiality breach of your private information.
In the Event of Unauthorized Transfer - If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact us IMMEDIATELY by using the instructions on our site or as set forth below.
Consumer Liability - You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us immediately when you think your account has been compromised is the best way to protect yourself from possible losses. If you do not contact us within 60 days or other legally mandated timeframes, you could possibly lose all of the money in your account (plus your maximum overdraft line of credit) with no chance of recovery. Relevant legal mandates will apply. However, if you contact us within 2 business days, you are liable for no more than $50 if someone used your password without your permission and you provide any required documentation needed.
You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the appropriate account under the "Deposit Accounts" tab in Online Banking. We encourage you to regularly check this for your own protection. If your statement shows transfers that you did not make, notify us IMMEDIATELY.
Business Days - The Service will process requests for transfers on business days. Our business days are Monday through Friday. Federal holidays and Credit Union Holidays are not included.
Transfer Types and Limitations
Types of Transfers
You may use your GECU password to access Funds Transfer within the Service to transfer funds between any two of your Accounts about which you have provided the necessary information to GECU. Transfers can be between Accounts within the same financial institution or at an unrelated financial institution. You may use your GECU password to access Popmoney® within the Service to transfer funds from one of your Accounts to an account of a Recipient. You may send money to a Recipient using a mobile telephone number, an email address, or a routing and account number.
Some of these services may not be available at all times due to technical or other difficulties and we cannot guarantee the use of Services at all times. We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms, conditions, and fees, such as overdraft charges, may apply. Please ensure that you have sufficient funds to affect any funds transfers from your Accounts. We may at any time decline to affect any funds transfer that we believe may violate applicable law or be in violation of any of the terms of this Agreement.
Frequency of Transfers - You may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts, unless otherwise set for the below. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
Dollar Amount of Transfers - You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer and/or Popmoney Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount or other limitations as set forth in the sole discretion of GECU.
Transfers subject to the Rules of the Accounts - Additionally, all funds transfers are also subject to the laws, rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the law, rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Rejection of Transfers - We reserve the right to decline to affect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests in our sole discretion and for any reason
Authorization - You authorize us to select any means to execute your funds transfer instructions. While the following is an explanation of the typical process, it may be subject to change any time. You understand that to affect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are certain that the debit will not be returned (in most cases this is usually between 3-4 business days or possibly sooner), our service provider will credit your or the Recipients Account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited, we may institute collection efforts as we deem necessary to affect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. If you choose to proceed with the transaction, you authorize GECU to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account.
You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize, in our sole discretion other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.
If you have requested for a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with all required information, such as the account number and financial institution that they wish to transfer the funds to. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer. GECU is not liable for any claims, losses, costs or damages associated with insufficient, inaccurate or false information provided by the Recipient or any other financial institution or in connection with any transfer.
Suspension and Reinstatement of Funds Transfer and/or Popmoney® Service - In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree to such action. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, GECU in its sole discretion may thereafter restore your ability to affect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).
Documentation - Popmoney® - You may access a statement of all funds transfers affected or pending at any time by clicking on the History tab within Funds Transfer or the Activity tab within Popmoney® in Online Banking. If a transfer could not be completed, GECU and/or our service provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will use reasonable efforts to notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.
Your Responsibility for Errors - You understand that we must 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, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with insufficient, incorrect, inaccurate or false information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions if possible, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, GECU reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate, false or incomplete information using any process provided by law.
Error Reporting and Claims - In case of errors or questions about your Popmoney® funds transfers, contact us IMMEDIATELY, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the appropriate account under the "Deposit Accounts" tab in Online Banking. We must hear from you within 60 days after we FIRST posted the transfer to your statement or you will be subject to liabilities or losses as provided by law. Notice received after 60 days may subject you to a complete loss of your funds.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether we committed an error within 10 business days (20 business days for new member accounts) after we hear from you and will correct any error promptly as required by law. If we need more time, however, we may take up to 45 days (90 days for new member accounts) to investigate your complaint or question. If we decide to do this, we -may credit/debit the applicable Accounts within 10 business days, or as otherwise required by law, (20 business days for new member accounts) for the amount you believe is in error, so that you or your intended Recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we are not obligated to credit/debit the applicable Accounts.
We will tell you the results within three business days after completing our investigation. If we determine that we did not make an error, we will rectify the Accounts(s) as necessary (including debiting any such amounts that may have been provisionally credited) and we will provide you an explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of any other financial institutions holding another account of yours or the Account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are solely the responsibility of the other relevant financial institution or the Recipient. Any rights you may have against any such financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution (or its policies and procedures), including any time limits during which complaints must be made. Such liability is not the obligation or liability of GECU.
Proprietary Rights - You acknowledge and agree that GECU and/or our service provider owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile GECU and/or our service provider's Online Money Movement Service or any of GECU and/or our service provider's services or technology.
No Unlawful or Prohibited Use - As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation - We may modify or discontinue the Service or your account with us, with or without notice, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of GECU and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of the Service.
You may terminate your account with GECU at any time by contacting us. Once your account with GECU has terminated for any reason, you will have no further right or access to use the Service, and GECU will not access your Accounts thereafter in connection with the Service.
USE OF SMS MESSAGING
Users of the Popmoney® service may receive certain SMS messages relating to their payments, such as notice of payment, alerts for validation and receipt of a transfer. Popmoney® will verify your express agreement for GECU to utilize the mobile phone number you expressly and voluntarily provide to us. To enable this verification Popmoney® will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated bank account. You may receive SMS messages related only to your transactions from time to time, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Links to Third Party Sites - The GECU website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. GECU does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that GECU, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Security Procedures - You understand that another financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand, agree and acknowledge that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
Deviating from Security Procedures - You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer 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 of such financial institution, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree, acknowledge and accept that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.
Account Number Policy - If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may choose not investigate discrepancies between names and numbers. In addition, you agree that we have neither responsibility to investigate discrepancies between names and numbers, nor any liability or responsibility whatsoever if any other financial institution fails to investigate discrepancies between names and account numbers
Joint Account Holder - In submitting your application for the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder is aware and has expressly consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Online Money Movement Service, (ii) the joint account can no longer be operated on your instructions alone, (iii) they are withdrawing consent for you to operate the joint account or for any other reason relating to joint ownership of the Account(s).
Means of Transfer - You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right and have no liability for holding funds beyond the normal period and if any interest is earned will be the property of GECU.
Liability - GECU is not responsible or liable in any manner if your or the Recipient's financial institution causes us to be unable to complete any transfer. Except as otherwise required by law, GECU shall in no other event be liable for any claims, losses and damages relating to this in any manner.
You agree that your transfer instructions constitute express authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if another financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood or any other force majeure) prevent us from making a funds transfer or if the GECU website incurs technical issues.
Limitation of Warranty and Liability - YOU UNDERSTAND AND AGREE THAT the SERVICE (FUNDS TRANSFER OR POPMONEY® ) IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE GECU WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification - You agree to indemnify, defend and hold harmless GECU, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all claims (including third party claims), liability, losses, damages and/or costs (including, but not limited to, attorneys' fees) arising from any and all aspects of your use in any manner of the Service; your reliance on the information, instruction, license and/or any authorization provided by you under or pursuant to this Agreement; any information provided to us by another financial institution in connection with a possible transfer or your use of the Service; your violation of any terms of this Agreement; or of any violation of any intellectual property rights of GECU or other rights of any person or entity in connection with your Account or the Service.
Recipient -In the event that you are an intended Recipient, another customer (the "Transferor") has instructed us to transfer funds (the "Funds") to an account you designate at your bank or other financial institution (the "Account"), in addition to the Terms herein, you agree to accept the terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In order for us to complete the transfer, you will be prompted (and expressly agree to) to provide us with the following information (the "Information"): 1) your full name; 2) your current residential address; 3) the name of your bank or financial institution and ABA routing number (the 9-digit number that appears on the far left of the bottom of your check) of the financial institution which holds your Account; 4) the Account number; 5) a secret word or phrase known only to you and the transferor; and any other information we may deem relevant. We will utilize the Automated Clearing House (ACH) system to send the Funds to your Account. We will act on the information provided by you in completing ACH credit instructions to your Account. If for any reason your financial institution returns the ACH credit or the credit goes to the wrong financial institution or Account because you have provided us with incorrect, inaccurate or false information, we may in our sole discretion, take reasonable efforts to complete the credit transaction or return the Funds to the Transferor.
You agree not to impersonate any person or use a name that you are not authorized to use and recognize this could be a violation of law. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of OFAC of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability, violation of law or risk of loss. Without limiting the foregoing, we will reject any transfer if you do not enter the code correctly after three [3] attempts. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
Miscellaneous - You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Service; and that you are rightfully and expressly authorizing us to access the Accounts.
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. GECU 's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of GECU 's right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, 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 Service. This Agreement may be amended from time to time without notice. However, notices to you may be in writing and may be made either on-line, via e-mail, conventional mail or messages delivered through the Services at GECU 's discretion. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association and as set forth more thoroughly in GECU 's member Service Guide. This Agreement shall be governed by and construed in accordance with the laws of Ohio, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect and be binding upon you immediately upon the acceptance of your application for the Service by us.