Terms & Conditions Applicable to Online Banking
I. Introduction
This Online Access Agreement ("Online Access Agreement") governs access to your Northrop Grumman Federal Credit Union accounts via Northrop Grumman Federal Credit Union's Online Financial Services system, hereafter referred to as the_Max! eBranch. This agreement explains the terms and conditions governing the following online services: banking, bill pay and other Credit Union services offered through the_Max! eBranch (collectively, the "Online Financial Services"). By using the Online Financial Services you agree to abide by the terms and conditions of this Online Access Agreement. This Online Access Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of California. The terms "we," "us," "our," "Northrop Grumman Federal Credit Union," and "Credit Union" refer to Northrop Grumman Federal Credit Union. "You" and "your" refers to each signer on an account. The term "business days" means generally Monday through Friday, excluding federal banking holidays. Online Financial Services can be used to access your Northrop Grumman Federal Credit Union accounts through the_Max! eBranch. In addition to the terms and conditions in this Online Access Agreement, each of your accounts at Northrop Grumman Federal Credit Union is also governed by the applicable documents relating to those accounts and the disclosure statement (your "Account Disclosure Statement").Top
II. Accessing Your Northrop Grumman Federal Credit Union Accounts through the_Max! eBranch
A. Requirements
To access your accounts through the_Max! eBranch, you must have an eligible Northrop Grumman Federal Credit Union account and establish a User ID and password. The combination of your User ID, your password and other security procedures provide access to the_Max! eBranch. In addition, you must have access to the Internet through an Internet Service Provider ("ISP"). Top
B. Fees
There are no monthly or transaction fees for accessing your account(s) through the_Max! eBranch. See Section V for a description of Bill Pay fees. Other fees, as described in the applicable Account Disclosure Statement(s), may apply to services ordered online and to transfers from a credit account. Please note that fees may be assessed and billed separately by your ISP and telecommunications services companies (such as, but not limited to, long-distance charges to access your ISP). Top
C. Secure Messaging
Secure messaging through the_Max! eBranch is a way to securely communicate online with the Credit Union. You can also use this method of communication to give comments on your On-Line Financial service experiences. To ensure the security of your account information, we strongly recommend that you do NOT use any form of E-Mail when asking specific questions about your account(s). You cannot use E-mail to initiate transactions on your account(s). To initiate transactions, please use the appropriate functions within the_Max! eBranch or call 1-800-633-2848. Top
D. Service Changes
Northrop Grumman Federal Credit Union may introduce from time to time new or delete existing Online Financial Services. We will update this Online Access Agreement to notify you of the existence of these new services. By using any new services when they become available, you agree to be bound by the rules contained in the most current Online Access Agreement, available Online through the_Max! eBranch, or by calling 1-800-633-2848. Top
III. Terms and Conditions
During the first time you access the_Max! eBranch, you will confirm your agreement to be bound by all the terms and conditions of this Online Access Agreement and acknowledge your receipt and understanding of this agreement and all related disclosures. Subsequent access of the_Max! eBranch indicates your acceptance of the most current terms and conditions in effect at the time of access. You are encouraged to validate that you have reviewed the most current terms and conditions before you perform transactions within the_Max! eBranch. Top
A. Your User ID and Password
You will choose a User ID and a Password that will give you access to your Northrop Grumman Federal Credit Union accounts through the_Max! eBranch. Your password can be changed within the_Max! eBranch. The Northrop Grumman Federal Credit Union reserves the right to change your password and to notify you. When your account is accessed using your User ID and Password, it gives Northrop Grumman Federal Credit Union permission to act on instructions received during that session. Therefore, for security purposes, it is recommended that you memorize your User ID and Password and do not write it down. You are responsible for keeping your Password confidential and, to the extent you do that, your account solely under your control. Top
B. Payment Account
Although there are no fees for accessing your accounts via the_Max! eBranch, you may be asked to designate a payment account for selected services which may require a fee. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other of your accounts for the fees (except IRA accounts). If you close the payment account, you must notify us and identify a new payment account for the selected services. Your failure to notify us when you close the payment account will terminate this agreement. You are and will be responsible for all fees and the performance of all obligations in effect at the time of termination of this agreement. Online Financial Services may be cancelled at any time without prior written notice to you. After cancellation, Online Financial Services may only be reinstated upon terms and conditions acceptable to the Credit Union. In order to reinstate your services, you must call Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848. You are responsible for any telephone charges, and all other fees which may be assessed by your (ISP) or other telecommunications services company, which you incur by accessing your Northrop Grumman Federal Credit Union accounts through the_Max! eBranch. If you wish to cancel any of your Online Financial Services offered through the_Max! eBranch, or restrict your account from being available through the_Max! eBranch, please contact Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848 or send us cancellation instructions in writing to Northrop Grumman Federal Credit Union, P.O. Box 47009, Gardena, CA 90247-6809. Any oral request to cancel or restrict your account must be made also in writing within ten (10) days of the oral request in order for it to be effective. Top
C. Our Liability
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor any of the "Service Providers" shall be responsible for any loss, property damage or bodily injury, whether caused by equipment, software, telecommunications hardware or services, or any other device or service used to access the_Max! eBranch. You also agree that this limitation specifically excludes any and all direct, indirect, special or consequential, economic or other damages arising in any way out of the use, misuse, or attempted use of the_Max! eBranch. You specifically agree that "Service Providers", as used in the foregoing, shall include, but not be limited to: Northrop Grumman Federal Credit Union, Internet browser providers such as Microsoft* (Microsoft Internet Explorer browser), ISP, online service providers, and all agents and subcontractors of any of the foregoing. The Northrop Grumman Federal Credit Union will attempt to accomplish all requested transfers to or from specific accounts in a timely manner. The Northrop Grumman Federal Credit Union is not liable for any errors, direct or indirect damages, consequential damages or any other claim or liability based upon its provision of the services set forth in this Agreement. You acknowledge and agree that you are responsible for validating that payments have been processed with the_Max! eBranch, in accordance with the payment instructions that you give to us. We strongly recommend that you check the_Max! eBranch periodically to ensure that all your payments have been processed as requested. The Northrop Grumman Federal Credit Union cannot make transfers under the following circumstances: You do not have enough money in your designated account to make a transfer. If a court order directs us to prohibit withdrawals or transfers from, or access to the account. If your account is closed or if transactions on the account are not permitted. If the transfer would cause your balance in the account or any account to exceed the credit limit for any credit arrangement that you have established to cover overdrafts. If you, or anyone acting by or through you commits any fraud or violates any law or regulation. If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly. If you have not properly followed the instructions for using the_Max! eBranch. If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us. If you enter your User ID and/or your Password incorrectly. Top
D. Hours of Accessibility
You can access your Northrop Grumman Federal Credit Union accounts through the_Max! eBranch seven days a week, 24 hours a day. However, at certain times, some or all of the_Max! eBranch may not be available due to system maintenance or unforeseen hardware, software, or communication problems. During these times, you may be able to use the Call 24 touch-tone telephone service, a Northrop Grumman Federal Credit Union ATM or a Northrop Grumman Federal Credit Union branch to conduct your transactions. A transfer initiated through the_Max! eBranch before 7 PM (Pacific Time) on a business day is posted to your account the same day. All transfers completed after 7 PM (Pacific Time) on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day. Our business days are generally Monday through Friday, except for banking holidays defined to mean all federal banking holidays and other holidays observed by us. Top
E. Additional Terms and Conditions
Obtaining Account Balance and Transaction History – You can obtain balance and transaction history on all your accounts. Transferring Funds – The number of transfers from a share account is limited as described in the applicable Account Disclosure Statement(s). If a hold or pledge has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold or pledge expires. Top
IV. General Terms
A. Changes to Charges, Fees or Other Terms
We reserve the right to change or add to the charges, fees or other terms described in this Online Access Agreement. When changes are made to any fees, charges, or other material terms we will update this Online Access Agreement, and either post a new agreement Online, send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted and/or mailed at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions. You agree that in the event that a change in terms or conditions is necessary in order to maintain the security of the system, these changes to the terms and conditions may take effect immediately. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the use of accounts or access to the services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by each applicable Account Disclosure Statement and other documents relating to the account. Top
B. Disclosure of Account Information
Privacy Disclosure
C. Questions or Error Correction on Online Financial Services
In case of questions or errors about online funds transfers made through the_Max! eBranch involving a Northrop Grumman Federal Credit Union account, you should do one of the following: Call Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848 7:00 a.m.- 6:00 p.m. Monday-Friday Pacific. Write Northrop Grumman Federal Credit Union, P.O. Box 47009, Gardena, CA 90247-6809, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. When you tell us about the problem, please: Tell us your name and account number. Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need. Tell us the dollar amount of any suspected error. We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, 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, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question, in which case we may conditionally credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, for the amount you claim 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 ten (10) business days of this request, we will not credit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation. Top
D. Other General Terms
Other Agreements – In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement(s), the Credit Union's rules and regulations, the rules and regulations of any funds transfer system to which the Credit Union belongs, and applicable state and federal laws and regulations. We agree to be bound by them also. Northrop Grumman Federal Credit Union's Right to Terminate this Agreement– The Credit Union reserves the right to terminate this Online Access Agreement and your access to Online Financial Services through the_Max! eBranch, in whole or in part, at any time. Northrop Grumman Federal Credit Union may assign or delegate certain of its rights and responsibilities under this Online Access Agreement to independent contractors or other third parties. Top
V. Bill Pay Service
A. Using the Service
The Northrop Grumman Federal Credit Union Bill Pay Service allows you to schedule bill payments through the_Max! eBranch. You can arrange, at your option, for the payment of your current, future and recurring bills from your checking account. There is no limit to the number of payments that may be authorized. You may pay any merchant approved by Northrop Grumman Federal Credit Union for payment through Bill Pay. We recommend that you do not establish payments to federal, state, or local tax agencies through Bill Payer. By furnishing us with the names of your designated payees/merchants, their addresses, and other necessary information, you authorize us to follow the payment instructions to these payee/merchants that you provide us via the_Max! eBranch. When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your behalf, from the funds in your checking account, on the day you have instructed them to be sent ("Payment Date"). However, we shall not be obligated to make any such payment unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for ALL bill payments (whether these payments are made electronically or by check) will be withdrawn from your account ON THE DAY the payment is scheduled TO BE SENT TO THE PAYEE. We reserve the right to not make any or all of the payments you have specified in the event that your account does not have funds to cover ALL the bill payments you have instructed us to make. You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 7 PM (Pacific Time), on the day prior to the Payment Date, by using the CANCEL PAYMENT function on the Schedule Payments page within the_Max! eBranch or by calling Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848. Top
NOTE: Any payments made with Bill Pay require sufficient time for your payee to credit your account properly. When you schedule payments, to ensure your payments are received by the due date, you must follow the instructions for making payments as required for each payee. If Northrop Grumman Federal Credit Union does not properly complete a bill payment on time or in the correct amount according to your instructions, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely and properly received order to do so. Northrop Grumman Federal Credit Union shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, Northrop Grumman Federal Credit Union will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds or credit availability in your designated payment account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals or transfers from the payment account; if the payment account is closed or frozen; or if the_Max! eBranch, or any part of the electronic fund transfer system is not working properly at its payment date. Northrop Grumman Federal Credit Union will not be liable for indirect, special, or consequential damages arising out of the use of Bill Pay. Northrop Grumman Federal Credit Union reserves the right to terminate your use of Bill Pay or this service at any time. If, for any reason, you should ever wish to cancel the_Max! eBranch, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service, either by deleting those payments yourself using the_Max! eBranch or by calling Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
B. Bill Pay Fees
Bill Pay has no monthly service fee. Top
C. Joint Membership
The terms of this Online Access Agreement extend to all signers on the account subject to access under this agreement even if they do not sign an application for the_Max! eBranch. To have a joint membership, all members must be joint signers on the checking account used for Bill Payment. Joint members share the same payee list, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for that checking account. Accounts that require two or more signatures are not eligible to be used with Bill Pay. Top
VI. Remote Check Deposit Capture Services
A. Service and Service Terms.
The following terms and conditions apply to Northrop Grumman Federal Credit Union REMOTE CHECK DEPOSIT CAPTURE SERVICE (Service) that Northrop Grumman Federal Credit Union may provide to Member. Member accepts and agrees that the Service or any portion of the Service may be provided by one or more subcontractors. The provisions of Northrop Grumman Federal Credit Union’s "Terms and Conditions of Your Account" agreement and applicable service terms are incorporated into this Agreement by reference. In case of any conflict between this Agreement and your other agreements with Institution, specific provisions regarding remote check deposit capture services in this Agreement control over general provisions.
In this Agreement, "Institution", "Credit Union", and "we/us/our" refer to Institution, including our agents and service providers, and "You/your" refer to the Member accepting this Agreement.
Services:
The Institution’s remote check deposit capture services ("Services") are designed to allow you to make Eligible Item deposits to your Institution checking, savings, or money market savings accounts using an Eligible Device (as defined below) to transmit item images and deposit information to us. Once accepted, your Eligible Items will be either processed electronically or converted to Substitute Checks based on the information you provide. There is currently no charge for the Services. We reserve the right to impose charges for the Services in the future. Top
B. Overview and definitions.
This Agreement states the terms and conditions by which Northrop Grumman Federal Credit Union will deliver to Member, the Service, as described below.
1. "Member" means a person that has a membership with Northrop Grumman Federal Credit Union.
2. "Member Agreement" means collectively the Institution Membership Disclosure and any other account information provided to you by us from time to time.
3. "Business Day" means any day which Northrop Grumman Federal Credit Union is open to conduct substantially all of its services, but does not include Saturday, Sunday or Northrop Grumman Federal Credit Union holidays.
4. "Deposit Account" means your Institution checking account, savings account, or money market savings account.
5. "Eligible Account" means any Institution Deposit Account that meets our eligibility criteria and has been enrolled in the Services.
6. "Eligible Device" means any device acceptable to Credit Union, which provides for the capture of images from original items and for transmission through a clearing process. This includes scanners and mobile devices with cameras.
7. "Eligible Item" means a check, a paper item, or an electronic item (i.e. an electronic image of an item together with information describing that item) that is payable to you, and is within the meaning of a "check" as defined in Federal Reserve Regulation CC and Institution’s deposit guidelines. Acceptable items include personal checks, government checks, business checks, money orders, traveler’s checks and cashiers or certified checks drawn on a US financial institution and in US funds. It is understood that Member will only be transmitting electronic images of the front and back of items. In order for an item to be processed for deposit, it must be properly endorsed in the proper location on the back of the item and signed by the payee.
The following are not Eligible Items:
8. "Item" has the same meaning as that term is defined in Article 4 of the Uniform Commercial Code. Any check image transmitted through the Services shall be deemed to be an "item" within that UCC definition.
9. "Substitute Check" means a paper check or item created from an electronic image in accordance with Federal Reserve Regulation CC.
11. "Service" means the specific Remote Check Deposit Capture Service provided by Credit Union. The Service shall be provided for items received with a consumer or business purpose being deposited into an account at Northrop Grumman Federal Credit Union.
12. "Service Start Date" means the date that the Service is first utilized by the Member.
13. "Technology" means Credit Union’s or its subcontractor’s deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through scanners or mobile devices with cameras, utilizing software and hardware provided by or acceptable to Credit Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of items. Technology may include but is not limited to Member service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Northrop Grumman Federal Credit Union or its subcontractors and used in the provision of Services hereunder.
14. "Access Systems" means all services, hardware, software and other technology (including high speed Internet access service) necessary to access the Service.
15. "Subcontractors" means any third party service provider of the Service.
16. "Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein. Top
C. Member Obligations; Suspension of Service.
1. Hardware, Software and System Requirements. In order to utilize the Service, Member must have the following hardware and software with the indicated specifications:
Checks/items payable to others (even if endorsed over to you);
Demand drafts or remotely created checks/items (checks lacking the original signature of the person authorizing the check);
Substitute checks/items (paper checks/items created from an electronic image);
Checks/items in which any fields on the front side contain obvious alteration(s), anything not authorized by the owner of the account on which the check/item is drawn, or any irregularity of any kind (for example, numerical and written amounts are different);
Checks/items previously returned unpaid for any reason;
Checks/items that are postdated or more than six (6) months old;
Checks/items drawn on a foreign financial institution or payable in a foreign currency;
Checks/items you suspect may be fraudulent or not properly authorized;
Checks/items exceeding the Deposit Limits set forth below;
Checks/items not acceptable under the terms of your Membership Agreement.
2. Member Responsibilities. To access your account(s) with the Credit Union, Member must have an eligible checking account with the Credit Union, and have an established high speed Internet email address. When using the Service, Member shall provide, at Member’s sole cost and expense, all Access Systems and Member shall be solely responsible for installing, maintaining, securing and supporting all such Access Systems. The Member is responsible for providing a valid Internet email address.
The Northrop Grumman Federal Credit Union is not responsible for any error or failures from any malfunction of any Access Systems, and the Northrop Grumman Federal Credit Union is not responsible for any computer virus or related problems that may be associated with the access to or use of the Service. Northrop Grumman Federal Credit Union does not guarantee that the Service will be compatible with all computer systems, scanners, mobile devices, and Internet browsers, routers or firewalls. Further, Northrop Grumman Federal Credit Union does not and cannot control the flow of data to or from Credit Union’s network, its service provider’s networks or other portions of the Internet. Accordingly, Northrop Grumman Federal Credit Union cannot guarantee that Member’s connection to the Internet will not be impaired or disrupted, and Northrop Grumman Federal Credit Union hereby disclaims any and all liability resulting from or related to such events.
3. Withdrawal of Access/Suspension of Service. Northrop Grumman Federal Credit Union reserves the right to deny, suspend or revoke access to the Service immediately, in whole or in part, at its sole discretion, without notice if Northrop Grumman Federal Credit Union believes Member is in breach of this Agreement or otherwise using or accessing the Service in a manner inconsistent with the terms and conditions hereof. Further, Northrop Grumman Federal Credit Union or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency.
4. Handling of Transmitted Items. Member shall be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically and deposited using the Service and indemnifies and holds Northrop Grumman Federal Credit Union harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically using the Service, or (ii) for any Items being submitted for deposit or presented for payment more than once. There are no laws or regulations that state how long original items should be retained prior to destruction, therefore, retention timeframes are set at the Member’s discretion.
5. Account Statement Examination. Unless Member notifies Northrop Grumman Federal Credit Union of any errors to deposits made through the Service within 60 days after the applicable account statement is mailed or otherwise provided to Member, such statement regarding all deposits made through the Service shall be deemed to be correct.
6. Processing of Items. Images of items transmitted by Member are not considered received by Northrop Grumman Federal Credit Union until Member has received an electronic confirmation of the receipt of the deposit from Credit Union. However, receipt of the confirmation from Northrop Grumman Federal Credit Union does not mean that the transmission was error free or complete. Items transmitted by the Member and received by Northrop Grumman Federal Credit Union or its subcontractors by 3:00 p.m. Pacific Time Monday through Friday, shall be credited to the Member’s applicable account on the same Business Day. Items received by Northrop Grumman Federal Credit Union after 3:00 p.m. Pacific Time on any Business Day shall be credited to the Member’s applicable account on the next successive Business Day.
7. Image Quality. Each image transmitted to us using the Services must be legible. In addition, image quality must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve, and other regulatory agencies, clearing houses or associations, as applicable.
8. Endorsement Requirement. Prior to imaging any item through the Services, you are to endorse the back of the original item, using black ink, "Deposit only to account #_________".
9. Funds Availability. Deposited funds will be available in accordance with the Funds Availability Policy disclosure. Any crediting of the Member’s account for items deposited via this Service is provisional, subject to verification and final settlement. Any dishonored items will be returned as an image of the original or as a substitute check. Any dishonored item is subject to a fee according to the Northrop Grumman Federal Credit Union Fee Schedule at the time of the return.
10. Deposit Limits. There is a deposit limit of $20,000 per day, per account.
11. Fees: Please refer to Northrop Grumman Federal Credit Union Fee Schedule.
12. You agree, warrant and represent that you will:
Windows® 2000, Windows® XP, Windows® Vista, Windows® 7 operating systems or Mac OS X® Version 10.3+ operating system software
Internet Explorer® 7.0+, Firefox® 5.0+ or Safari™5.0+ for Mac®
High-speed Internet connection
TWAIN Compliant Document scanner (for Remote Deposit)
Mobile device with a camera or functionality capable of capturing and transmitting images. (for mobile deposit)
Java® 6 SE
13. You agree that you will not:
Ensure that all information you provide Institution is accurate and true.
Use only Eligible Devices to access the Services.
Endorse all items for the Services as instructed above.
Follow all other instructions we provide you for capturing and transmitting item images and deposit information via the Services.
Use the Services only for Eligible Items as defined above and that meet our image quality standards.
Comply with this Agreement and all your Credit Union agreements, as well as all applicable rules, laws and regulations.
Indemnify Institution against and hold us harmless from any loss arising from your breach of any part of this Agreement.
14. You agree that we will:
Transmit duplicate items, or transmit any individual item or its image more than once.
Make deposits in excess of the Deposit Limits stated in this Agreement for the Services.
Re-deposit or re-present any item or image previously transmitted through the Services.
Transmit any checks, items or images that are not Eligible Items or related deposit information.
15. You agree that we will not:
Have the unrestricted right to reject, return, or refuse to process any item or image that is not an Eligible Item, without liability to you.
Have any obligation to process any non-Eligible Item even if we did so on a previous occasion.
Be responsible for items we do not receive or for images dropped during transmission.
Be responsible for any technical or other difficulties that you may experience when using the Services, or any damages that might arise therefrom.
Be responsible for unavailability of the Services or any damages that might arise from unavailability.
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D. Warranties and Disclaimers
1. Member shall not use the Service in any way that could potentially harm Credit Union’s network or sites, or the network or sites of its third party service providers. Member shall not nor shall they permit or assist others to abuse or fraudulently use the Service. Member shall not use the Service in any way that: (i) transmits any item or other materials via the Service that is deceptive or fraudulent; (ii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing banking and criminal activity); (iii) transmits or distributes any viruses, worms, time bombs, Trojan horses, or other destructive software of devices; (iv) attempts to break or circumvent security, or in fact, breaks or circumvents security of any computer network of Credit Union, its subcontractors or service providers.
2. Disclaimer. Northrop Grumman Federal Credit Union warrants that the Service shall be performed in a work person like and professional manner consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND Northrop Grumman Federal Credit Union HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Top
E. LIMITATION OF LIABILITY
1. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE Northrop Grumman Federal Credit Union NOR ANY OF ITS SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER CAUSED BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER’S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL THE Northrop Grumman Federal Credit Union OR ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR SOFTWARE USED BY THE MEMBER OR Northrop Grumman Federal Credit Union IN CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR SOFTWARE. Top
F. Termination.
1. Termination. Northrop Grumman Federal Credit Union may immediately terminate the Service or any portion of the Service if Northrop Grumman Federal Credit Union determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and with notice, decides to cease providing this Service. Except in the event of emergency or to safeguard Credit Union’s accounts, networks or systems, Northrop Grumman Federal Credit Union shall give written notice of such termination or access limitation, which may be given by Internet secure message, or sent to you at the address shown on our records, or sent to you by electronic mail message (email). Member may terminate the Service with notice to Northrop Grumman Federal Credit Union in person, by phone, written notification through postal mail or by electronic mail message (email). No minimum time is required by the member for notification to Credit Union. Top
G. Miscellaneous Provisions.
1. Notices. Member agrees that any notices required or permitted under this Agreement may be given electronically.
2. Governing Law. This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent there is no applicable federal law or regulation, by the State of California.
3. Subcontractors. Northrop Grumman Federal Credit Union may use third party service providers to provide some or all of the Service under this Agreement on behalf of Credit Union.
4. Amendments. Unless applicable law provides otherwise, this Agreement may be amended by notice sent electronically or by mail to Member at Member’s last address known to Northrop Grumman Federal Credit Union to be effective not less than thirty (30) days after the day transmitted or mailed. Northrop Grumman Federal Credit Union shall not be bound by any modification of this Agreement unless Northrop Grumman Federal Credit Union expressly agrees to the modification in writing. Member shall have the right to terminate the Agreement prior to the effective date of the amendment. By choosing to continue using the Service, Member will accept the amendments. This Agreement supersedes all prior agreements and amendments.
5. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.Top
VII. Protecting Your Account
A. Preventing Misuse of Your Account
Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848. Protecting Personal Information – In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information. Improper protection of your personal information may jeopardize your protection from loss. Taking Care of Your Password – The password that is used to gain access to Online Financial Services through the_Max! eBranch should be kept confidential. For your protection we recommend that you change your password regularly. We recommend that you memorize your password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been compromised, or that someone has transferred or may transfer money from your account without your permission, notify Northrop Grumman Federal Credit Union Member Service at once at 1-800-633-2848. Top
B. Unauthorized Transactions in Your Northrop Grumman Federal Credit Union Credit Union Accounts
Notify us at once if you believe another person has improperly obtained your password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call Northrop Grumman Federal Credit Union Member Service at 1-800-633-2848 (7 a.m. - 6 p.m. Monday-Friday), or write Northrop Grumman Federal Credit Union, Box 47009, Gardena, CA 90247-6809. If your password has been utilized by a person without your permission or consent, and you tell us within two (2) business days after you learn of the use, you are liable to the maximum amount permitted by law. If you do NOT tell us within two (2) business days after you learn of the wrongful use of your password, then your liability may be even higher as permitted under the law. Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances exist, the time periods in this section may be extended. Top
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