Personal Account Teller at Home - P.A.T.H.
In order to sign up for P.A.T.H. you must agree to the following
terms and conditions
Internet Banking Disclosure &
Agreement for Personal Computer Use
I. Introduction
These Med/Pro Federal Credit Union Disclosures and Agreements (these Disclosures
and Agreements) govern your use of the Med/Pro FCU, Personal Account Teller At
Home or P.A.T.H. (the “Service”). By subscribing to the Service or using the
Service, you agree to these Disclosures and Agreements. Please read these
Disclosures and Agreements carefully and print a copy for your records.
As used in these Disclosures and Agreements, “you” or “your” refers to the
person(s) subscribing to or using the Service (including without limitation
others you permit to use the Service); “Credit Union,” “we,” “us” or “our”
refers to Med/Pro FCU and any agent, independent contractor, designee, or
assignee Med/Pro FCU may, in our sole discretion, involve in the provision of
the Service.
The first time you access your accounts through P.A.T.H. it confirms your
agreement to be bound by all the disclosures and agreements and acknowledges
your receipt and understanding of this Disclosure and Agreement.
II. Using the Service
1. Transactions Available. You may initiate transactions at any time
seven days a week, 24 hours a day. However, business days are considered Monday
through Friday except holidays. Transaction dates are Monday through Friday
except holidays. As with any computer/phone system, there will be some times
when service is unavailable because of technical problems or routine
maintenance. You may use the Service to:
A. Obtain share and loan balances and share and loan history information
B. Review checks that have cleared from your checking account.
C. Make transfers from your share savings, checking and club accounts.
D. Withdraw funds from your account by check to be mailed to you at your address
of record.
E. Make Med/Pro FCU loan payments or Med/Pro MasterCard payments from your
Credit Union checking or savings accounts.
F. Change your password/PIN.
G. Other enhancements, transactions, inquiries, or calculations that may be made
available on P.A.T.H from time to time.
H. Transfer from one membership number to other accounts on which you are signed
or named as joint accountholder.
2. Transaction Limitations.
A. Transfers between your accounts are limited to the available balance of the
account from which money is withdrawn.
B. For all club accounts, you are restricted to a maximum of six transfers
during the statement period to another Credit Union account or yours by means
of P.A.T.H, pre-authorized automatic transfer/withdrawal, or phone request
including MAX in accordance with Federal Regulation D. The transfer limitations
are per share account, regardless of the type of transfer.
C. Consumer loan payments may be made via P.A.T.H. as transfers. Loan payments
for all loans types with us must be completed on or before the close of
business of the loan’s Due Date. If the scheduled payment falls on a weekend or
holiday, the loan payment must be transferred to the loan by the close of
business on the PRECEDING working day. Once the minimum payment amount is made
with the Credit Union, the loan Due Date will advance to the next scheduled
Payment Date. This can be accomplished in one transaction or by several
transfers. If the system is unavailable or you cannot access the system, you
are still responsible to have your loan payment(s) to the Credit Union on time.
You are responsible for any late charges or other fees that may be assessed to
your loan(s).
D. E-mail is available through Med/Pro FCUs web site as a way to communicate
with Med/Pro FCU, however you may not use E-mail to initiate transactions on
your account(s).
3. Your Password/PIN. You will be given a temporary password/PIN to use
to initially access your account. The Credit Union will send it to you via
regular mail service. You MUST change the password/PIN by following the screen
prompts the first time you log on. Future changes should be made through the
“Member Account” option on the menu bar.
To help safeguard your password, you should change it frequently. If you forget
your password, you must contact us and we will issue you a new password. When
we must issue you a new password, it will not be available to use for 24 hours.
Because your password can be used to access money and information about your
accounts, you should treat your password/PIN with the same degree of care and
secrecy that you use to protect your MasterCard Credit Card, MasterMoney Debit
Card and/orSTAR ATM Card personal identification number or other sensitive
personal financial data. You should choose a password/PIN that you can remember
easily. Do not choose any part of your name, address, Social Security number or
date of birth. You agree not to give your password, or make available, to any
person not authorized to access each of your Accounts. Accounts can be accessed
via P.A.T.H. only when the password is known. Therefore, disclosing your
password whether intentional or accidental constitutes authorization for use by
others, such as a family member or coworker. You agree to be liable for their
actions. If you wish to rescind access by another person, you may do so by
changing your password via P.A.T.H., so that access by that person is no longer
authorized.
4. Statements. Your periodic statement will clearly identify each electronic
transaction. As an online banking user, you are automatically enrolled in the
E-Statement Program. If you opt-out of this program, statements will be mailed
to you either monthly or quarterly, depending on the type of account.
5. Fees. There is no fee assessed for use of P.A.T.H. See our Fee
Schedule for a list of current fees for other services.
III. Rights & Liabilities
1. Our Liability for Failure to Complete Transactions. We will process
and complete all transfers properly initiated through the Service in accordance
with these Disclosures and Agreements. However, we will not complete a transfer
if the following is applicable:
A. Through no fault of ours, you do not have enough money in your accounts to
make the transfer.
B. Some or all of the money in your account is subject to legal process or
other encumbrance restricting the transfer.
C. Your computer fails or malfunctions or P.A.T.H. was not properly working and
such problem should have been apparent when you attempted such transaction.
D. Circumstances beyond our control, such as fire, flood, etc. prevent the
proper completion of the transfers, despite reasonable precautions taken by us.
2. Limitation of Liability. Except as otherwise provided in these
Disclosures and Agreements or by law, you hereby expressly release and
discharge us so that we are not responsible for any loss, injury, or damage,
whether direct, indirect, special, or consequential, economic or otherwise,
caused by the Service or the use of the Service.
We are not responsible for any products or services relating to your personal
computer, other than those specified in these Disclosures and Agreements. We
also are not responsible for any damage to your personal computer, modem,
telephone or other property resulting from your use of the Service.
Without limiting the generality of the foregoing, we are not responsible for any
loss, damage or injury resulting from (a) an interruption in your electrical
power or telephone service; (b) the disconnecting of your telephone service by
your local telephone company or from deficiencies in your line quality; (c) any
defect or malfunction of your home computer, modem, or telephone service; or
(d) nor are we responsible for any computer virus you may encounter.
3. Notice of Your Rights and Liabilities. Anytime you believe your
password/PIN has been compromised, you are responsible for changing it. You
must change your password/PIN IMMEDIATELY upon the suspicion that your
password/PIN has been stolen or compromised. Then you must notify us AT ONCE
according to the stated procedures. Telephoning is the best way to keep
possible losses down. You could lose all the money in your accounts (plus the
maximum of any available lines of credit).
If you believe your password/PIN has been lost or stolen or that someone has
transferred or may transfer money from any of your accounts without your
permission:
1. Call Med/Pro FCU at (330) 848-6066
2. Fax Med/Pro FCU at: (330) 848-6095, or
3. Write us at Med/Pro FCU, 1174 Battles Ave. Akron, OH 44314.
If you tell us within two (2) Business Days after you discover that your
password/PIN has been lost or stolen, you can lose no more than $50 if someone
used your password without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the loss
or theft of your password, and we can prove we could have stopped someone from
using your password without your permission if you had told us, you could lose
as much as $500.
Also, if your statement shows transfers that you did not make or authorize,
tell us at once. If you do not tell us within sixty (60) days after the
statement was mailed to you, you may not get back any money you lost after the
sixty (60) days if we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason (such as a long trip or
hospital stay) prevented you from telling us, we may extend the time periods.
4. Errors and Questions. In case of errors or questions about your
transfers, you should:
1. Telephone Med/Pro FCU at (330) 848-6066.
2. Write us at Med/Pro FCU, 1174 Battles Ave. ,Akron, OH 44314.
We must hear from you no later than sixty (60) days after you received the FIRST
statement on which the problem or error first appeared or you first received
notification of the problem or error on your home computer. Please have the
following information ready or include all in your correspondence to us:
1. Your name and account number.
2. The date the error occurred.
Description of the error or transfer you are unsure about and why you believe it
is an error or why you need more information.
If you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days. We will tell you the results
of our investigation within twenty (20) business days after we hear from you
and will correct any error promptly. If we need more time however, we may take
up to forty-five (45) days to investigate your complaint or question. If we
decide to do this, we will provisionally credit your account within ten (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 we do not receive
it within twenty (20) business days, we may not credit your account.
If we decide there was no error, we will send you a written explanation within
three (3) business days after we finish our investigation. You may ask for
copies of documents that we used in our investigation.
IV. General Terms
1. Disclosure of Account Information to Third Parties. We will disclose
information to third parties about any of your accounts or transfers you make:
A. Where it is necessary for completing a transfer; or
B. In order to verify the existence and condition of any of your accounts for a
third party, such as a accredit bureau or merchant, or
C. In order to comply with a government agency or court order: or
D. To our affiliates or for purposes of offering or providing you other
products or services: or
E. If you give us your written permission.
2. Authorization to Obtain Information. You agree that we may obtain and
review your credit report or other information about you from an authorized
credit bureau or other person.
3. Entire Agreement. These Disclosures and Agreements constitute the
agreement between you and us related to the Service and supplement any other
agreement or disclosure related to any of your accounts.
In the event of a conflict between these Disclosures and Agreements and any
other agreement or disclosure related to any of your accounts, any statement by
our employees or agents, or any representation or statement relating to or set
forth in the Software, as to matters relating to the Service, these Disclosures
and Agreements shall control.
4. Acknowledgment of Existing Account Disclosures and Agreements. You
understand and agree that all terms and conditions associated with your
accounts as provided in the account Disclosures and Agreements shall apply and
are in full force and effect when accessing your accounts via P.A.T.H.
5. Acknowledgment of Disclosures. You agree that by using the P.A.T.H.
Service or allowing another to access your account(s) via P.A.T.H., that you
have received a copy of, and agree to be bound by the Disclosure and Agreements
of the most recent Account Disclosures and Agreements and P.A.T.H. Disclosures
and Agreement.
6. No Unilateral Alterations to Disclosures and Agreements by You. These
Disclosures and Agreements may not in any way be altered by you without our
express written agreement. Any attempt by you to alter these Disclosures and
Agreements without our express written agreement shall be void and shall have
no legal effect.
You hereby agree to indemnify and hold us harmless from and against any and all
claims, losses, liabilities, penalties, expenses and any or other damages
(including without imitation reasonable attorney’s fees) directly or indirectly
resulting from, relating to or arising in connection with any successful or
unsuccessful attempt by you to alter these Disclosures and Agreements without
our express written agreement.
7. Amendments/Change of Terms. The Credit Union reserves the right to
amend, modify, revoke, or cancel the terms of this Disclosure and Agreement or
any Transaction services contemplated herein. If notification is required by
law, notice will be mailed to you at the address shown on the Credit Union’s
records. It is the obligation of each member to update any new addresses. Any
revised, amended, or modified conditions, rules or regulations shall be
effective at the earliest date allowed by law. Prior notice may not be given if
an immediate change is necessary to protect the security of your account or the
electronic transfer systems. Use of this Service is subject to existing
regulations and any future changes in those regulations.
If you do not agree to the change or amendment, you must notify us prior to the
effective date of any change or amendment, you agree to that change or
amendment.
8. Waivers. No delay or omission by us in exercising any rights or
remedies under these Disclosures and Agreements shall impair such right or
remedy or be construed as a waiver of any such right or remedy. Any single or
partial exercise of a right or remedy shall not preclude further exercise of
that right or remedy or the exercise of any other right or remedy. No waiver
shall be valid unless in writing signed by us.
9. Assignment. You may not assign these Disclosures and Agreements, or
any of your rights or responsibilities under these Disclosures and Agreements,
to any other party. We may assign these Disclosures and Agreements to any or
all of our rights and/or responsibilities under these Disclosures and
Agreements, or delegate any or all of such rights and responsibilities, to any
third party or parties.
10. Governing Law. These Disclosures and Agreements shall be governed by
and construed in accordance with the laws of Ohio without regard to that
state’s conflict of laws provisions. We reserve the right at any time to
terminate your right to make Transactions as we deem it necessary without prior
notice to you.
11. Hold Harmless. You shall indemnify, which includes payment of the
credit union’s attorney’s fees and court costs and hold harmless the credit
union and/or its officers, directors, employees, successors, and assigned from
and against any and all claims, demands, liabilities, causes of actions,
complaints, awards and/or judgments for damages of any type and kind of any
third party or entity which may arise or are connected with your use of the
Service and/or the terms of this Disclosure and Agreement. This indemnification
and hold harmless provision shall survive and be in full force and effect
subsequent to the termination of this Disclosure and Agreement.
12. Attorney Fees. In any action, at law or inequity including
arbitration, or mediation, which is commenced to either enforce or interpret
the terms of this Disclosure and Agreement, the prevailing party shall be
entitled to recover its reasonable attorney’s fees and court costs from the
other party. The right of the prevailing party to recover said fees shall
survive and be in full force not withstanding the termination of this
Disclosure and Agreement.
13. Data Recording. When you use the Service to go on-line with us,
transfer, account inquiry, electronic message, or other information you enter
will be recorded. By using the Service, you consent to such recording.
14. Severability. If any provision of these Disclosures and Agreements is
determined to be void or invalid, the remainder of these Disclosures and
Agreements, as the case may be, shall remain in full force and effect.
15. Headings. The Section headings used in these Disclosures and
Agreements are for convenience only and shall not be held to limit or affect
the terms of these Disclosures and Agreements.
16. Termination. Termination of your internet banking rights may be
instituted by the credit union for non-payment of any assessed fees, you close
your account, you cause your account to be in default, or have a negative
balance, or for any reason deemed to be illegal by law or when the management
of the credit union deems the internet relationship to be detrimental to the
credit union.
Disclaimer of Warranty: Our online banking services are
provided without warranty of any kind on an “as is” basis. You assume any risk
in using the online banking service. No guarantees or warranties or
representations are made regarding correctness, accuracy, or reliability
concerning the use of the online banking service. We make no warranty expressed
or implied, including but not limited to, implied warranties of merchantability
and fitness for particular purpose as to online banking service unless
disclaiming such warranties is prohibited by law.
In order to sign up for P.A.T.H. you must agree to the above terms
and conditions
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