AmeriCU.org and MyAmeriCU.org Terms and Conditions

1. NOTICE. BEFORE USING ANY WEB PAGES OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS. THE SITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY WEB PAGES THEREIN.

2. AGREEMENT. This Agreement describes the terms and conditions which AmeriCU Credit Union allows access and use of the site operated by AmeriCU Credit Union.

3. LIMITED LICENSE. AmeriCU Credit Union grants you a non-exclusive, non-transferable, limited license to access, use and display the site and the information, graphics, content and materials thereon. You acknowledge and agree that the site and the content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any content posted at the site, but only for your personal, non-commercial use. Except as expressly provided above, all rights are reserved. You may not display the site, or any portion thereof, in frames (or any of the content via on-line links) without the express written permission of AmeriCU Credit Union.

4. TRADEMARKS. AmeriCU Credit Union is a registered trademark. AmeriCU Credit Union also claims rights in certain other trademarks and service marks contained and displayed in the site. Use of any of AmeriCU Credit Union's trademarks or service marks without prior written consent is strictly prohibited.

5. USE OF INFORMATION AND MATERIALS. The information and materials provided at the site are subject to change without notice. The information provided at the AmeriCU Credit Union web site is for informational purposes only and is not intended to provide specific financial, tax, accounting or legal advice.

6. DISCLAIMERS. AmeriCU CREDIT UNION IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE CONTENT. THE SITE, ALL CONTENT, LINKS AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, AmeriCU CREDIT UNION MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AmeriCU CREDIT UNION OR OUR AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITE; ANY PERSON'S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXIST IN THE SITE, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITE. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITE, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU'RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

7. LIMIT ON DAMAGES. AmeriCU CREDIT UNION AND OUR AGENTS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE SITE, ANY SOFTWARE USED TO ACCESS THE SITE, ANY OF THE SERVICES AVAILABLE THROUGH THE SITE OR THE CONTENT, YOUR RELIANCE ON, USE OF OR INABILITY TO USE THE SITE, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER AmeriCU CREDIT UNION IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

8. LINKS TO EXTERNAL OR THIRD PARTY SITES. As a convenience to you, AmeriCU Credit Union may provide links to web sites operated by entities other than AmeriCU Credit Union. These linked sites are not under the control of AmeriCU Credit Union. If you use a linked site, you will leave the AmeriCU Credit Union site. You use such a site at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the linked site visited. AmeriCU Credit Union makes no warranty or representation regarding, and does not endorse nor is it responsible for any linked site, the information appearing thereon or any of the products or services described at the linked site. Please note that a linked site may have a privacy policy different from AmeriCU Credit Union and it may provide less security than an AmeriCU Credit Union site. By providing a link to a site, AmeriCU Credit Union does not imply that it endorses, is affiliated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the link, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AmeriCU Credit Union.

9. SUBMISSIONS. All information you submit to AmeriCU Credit Union via the site will be considered to be the property of AmeriCU Credit Union, and AmeriCU Credit Union is free to utilize any information you submit for any purpose, subject to the privacy policy of AmeriCU Credit Union. Further, you understand that any transmissions to and from this site are not confidential and may be read or intercepted by others. You agree that AmeriCU Credit Union will not be responsible to anyone for any damages arising out of or in connection with any email sent to AmeriCU Credit Union.

10. INDEMNITY. You agree to indemnify AmeriCU Credit Union and its directors, officers and employees against any liabilities, losses, expenses or other costs AmeriCU Credit Union incurs arising from a breach of any of the terms hereof by you and for the content of any message sent using email.

11. SUSPENSION AND TERMINATION. AmeriCU Credit Union may modify, terminate and/or suspend your access to the site, the related services or any portion thereof at any time, without notice. AmeriCU Credit Union may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. AmeriCU Credit Union may also, at any time, discontinue providing the site, or any part thereof, with or without notice.

12. AMENDMENTS AND MODIFICATIONS. AmeriCU Credit Union reserves the right to change, modify, add or remove any portion of this agreement in whole or in part, at any time, by posting the amended terms on the site. The new terms shall automatically be effective at the time of posting. It is strongly recommended that you review the web site terms and conditions each time you use the site, and your use of the site will be subject to the web site terms and conditions posted at the time of that use. Your use of that site after the posting will be considered acceptance of any changes to the web site terms and conditions.

13. GOVERNING LAW. This agreement is governed by the laws of the State of New York, U.S.A., without regard to its principles of conflict of laws. The site is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject AmeriCU Credit Union to any liability or would not give effect to all of the provisions of this agreement. You may not access the site or the content where such access is illegal or prohibited or where such access would subject AmeriCU Credit Union or its affiliates to any liability.

14. USE FOR ILLEGAL OR PROHIBITED ACTIVITIES. It is prohibited to use the site in violation of the terms of this agreement, in any manner which could damage, disable, interrupt, overburden, or impair the site or interfere with any other party's use and enjoyment of the site or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files. You agree to comply with all applicable laws, rules and regulations regarding your use of the site, which regulate the distribution of materials and services originating in the United States of America.

15. AGREEMENT TO ARBITRATE. All disputes relating to this agreement, use of the site, or any information or services provided on the site, shall be subject to final and binding arbitration, with the losing party paying all the costs of arbitration. Any arbitration relating to this agreement shall be held in the County of Oneida, State of New York, under the rules of the American Arbitration Association.

16. COMPLETE AGREEMENT. This agreement constitutes the entire agreement between you and AmeriCU Credit Union relating to your access and use of the site. AmeriCU Credit Union's failure to insist at any time upon strict compliance with any term of this agreement, or any delay or failure on AmeriCU Credit Union's part to exercise any power or right given to AmeriCU Credit Union in this agreement, shall at no time operate as a waiver of such power or right. Any rights and powers given to AmeriCU Credit Union in this agreement are not exclusive, and AmeriCU Credit Union may exercise any other powers or rights which it has in law or in equity. The rights of AmeriCU Credit Union may be exercised cumulatively, or separately, as AmeriCU Credit Union may choose. The use of any captions in this agreement are for convenience only. If any portion of this agreement is deemed to be invalid or unenforceable, then the balance of the agreement shall remain enforceable, and the unenforceable portion of the agreement shall be read in such a way that it is enforceable.

17. ACCOUNT NUMBER, USER ID AND PASSWORD. To enable you, and only you, to use the any AmeriCU internet service and application, you will be asked to choose a password when you register and are accepted as a customer of the Service. This password is stored in encrypted form by us. You are responsible for maintaining the confidentiality of your account number, user ID and password. No one at AmeriCU has access to your Accounts passwords or user ID's. You are responsible for uses of the Service whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at AmeriCU Credit Union will know or need to know your password, and AmeriCU Credit Union employees will never ask for your password.

18. SERVICE USAGE AND TERMINATION. Once enrolled in any AmeriCU Credit Union electronic and internet based service you are under no obligation to continue and may cancel your service and access to these systems at any time.

19. AMERICU.ORG AND MYAMERICU.ORG PRIVACY GUIDELINES:

• PROTECTING INFORMATION ONLINE. Whether you are a member or just visiting us online, we safeguard the information you provide to us at americu.org and myamericu.org. How we use and protect this information is described below.

• GENERAL WEBSITE PAGES. We collect and store information on the domain you use to access our website, the Internet address of the site from which you linked directly to our site and the date and time of your visit to our website. This information is used to measure the number of visitors to the various pages on the AmeriCU site; to help the credit union make improvements to the information contained on the site and to better serve our members through special marketing and service programs.

• MEMBER ONLY WEBSITE PAGES. We do not automatically capture information in an attempt to identify personal email addresses or to gain unwarranted, confidential information about you. We do use technologies that identify you when those technologies allow us to serve you better and with greater security. For instance, AmeriCU uses "cookies" (a process of storing information) on MyAmeriCU.org, our internet account access service, as required to protect the privacy of our members' transactions and to help guide our members through the various services. A "cookie" is a small text file placed on your computer by our web server. These cookies do not collect personally identifiable information, and we do not combine information collected through cookies with other personal information to determine who you are or your email address. Cookies are commonly used on websites and do not harm your system. By configuring your preferences or options in your browser, you determine if and how a cookie will be accepted. We also offer online applications to our members for new or additional services. Any personal data or account information that you provide through MyAmeriCU.org – internet or mobile based, is encrypted in transmission for security purposes.

• THIRD PARTIES. On occasion, we may seek personally identifiable information for use in surveys and for other purposes, including disclosure to nonaffiliated third parties with which we have a business relationship. When personally identifiable information may be disclosed to such third parties, we will provide full disclosure, and we will provide all privacy notices required by law.

• EMAIL. Personal information contained in email sent by members and non-members may be used by the credit union's staff and volunteers to answer questions, to follow up on suggestions or complaints, or to improve the level of service AmeriCU provides. For secure transmissions, your email to us should be sent using the secure messaging feature within the MyAmeriCU internet and mobile applications. You may also contact us by phone, U.S. mail or by visiting your nearest AmeriCU financial center. See our Contact Us page for additional information about contacting us.

• PROTECTING OUR CHILDREN. AmeriCU is committed to protecting your children's information and we do not knowingly solicit data from children. The only use we normally make of personal information is to respond via email to a question or request for information from a member, which may include a child. We recognize that protecting children's identities and privacy online is important and that the responsibility to do so rests with both the internet community and with parents.

20. PRIVACY POLICY. The privacy policy of AmeriCU Credit Union is available for review here.

Electronic Funds Transfer Agreement and Disclosure

This Electronic Funds Transfer Agreement is the contract which covers your and our rights and responsibilities concerning the electronic funds transfer (EFT) services offered to you by AmeriCU Credit Union ("credit union"). In this agreement, the words "you" and "yours" mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words "we," "us," and "our" mean the credit union. The word "account" means any one or more share savings and checking accounts you have with the credit union. Electronic funds transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.

1. EFT SERVICES. If approved, you may conduct any one or more of the EFT services offered by the credit union.

a. Visa Check Card. You may use your card to purchase goods and services from participating merchants. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your account. For one-time debit card transactions, you must consent to the Credit Union's overdraft protection plan in order for the transaction amount to be covered under the plan.*Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transaction. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member's opt-in choice for overdraft protection and the Schedule of Fees and Charges.

*The Credit Union's overdraft protection plan for one-time debit card transactions is not applicable to business accounts.

For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and personal identification number (PIN) in ATMs of the credit union, NYCE, Cirrus, AFFN, Visa, MasterCard, Novus, and Quest networks, and such other machines or facilities as the credit union may designate, including proprietary (AmeriCU owned) kiosks. In addition, you may use your card without a PIN for certain transactions on the Visa and NYCE networks (for cards linked to checking accounts only). However, provisions of this Agreement relating to Visa transactions do not apply to transactions processed through non-Visa networks. To initiate a Visa Debit transaction, you may sign a receipt, provide a card number or swipe your card through a point-of-sale (POS) terminal and choose to route the transaction over a Visa network. Please refer to the Member Liability section of this Agreement for terms and conditions. At the present time, you may also use your card to:

• Make deposits to your share savings and checking accounts at certain proprietary (AmeriCU owned) ATMs and kiosks.
• Withdraw funds from your share savings and checking accounts.
• Transfer funds from your share savings and checking accounts.
• Obtain balance information for your share savings and checking accounts.
• Make loan payments from your share savings and checking accounts at certain proprietary (AmeriCU owned) ATMs and kiosks.
• Make point-of-sale (POS) transactions with your card and personal identification number (PIN) to purchase goods or services at merchants that accept Visa.
• Order goods or services by mail or telephone from places that accept Visa (for cards linked to checking accounts only).
• Cash an approved payroll check at certain proprietary (AmeriCU owned) ATMs and kiosks.
• Make Visa cash advances.

The following limitations on the frequency and amount of Visa Check Card transactions may apply:

• You may make up to twelve (12) Visa Check Card purchases and/or authorizations per day (for cards linked to checking accounts only).
• You may withdraw and/or purchase up to a maximum of $2,000 in any one day from an ATM/kiosk and/or POS terminal, if there are sufficient funds in your account.
• For security purposes, there are other limits on the frequency and dollar amounts of daily transfers and withdrawals.
• You may transfer up to the available balance in your accounts at the time of the transfer.
• Payroll Checks at AmeriCU ATM/kiosk: Up to $2,500.00 available with no hold on (approved) payroll check. Account must be in good standing with the Credit Union.

Having a good address on our system is vital for AmeriCU Credit Union to be able to send monthly statements and/or contact you about your account. If we receive any statement back from the U.S. Postal Service that was undeliverable to the address on the system, your account will automatically be flagged for a "bad address". The system will automatically shut down your VISA Check Card until we receive a valid address from you in writing and with your signature.

b. HSA Checking. If you will be using your debit card to access a Health Savings Account (HSA), portions of this Agreement governed by Regulation E will not apply. A HSA account as defined by the IRS is a trust account, and therefore is not covered under Reg E. But portions of this Agreement such as Visa "0" liability for unauthorized use for example, does apply. Funds to cover your card purchases will be deducted from your HSA checking account. You may use your card and personal identification number (PIN) in ATMs of the Credit Union, and such other machines or facilities as the Credit Union may designate, including proprietary (AmeriCU owned) kiosks. At the present time, you may also use your card to:

• Withdraw funds from your HSA checking account.
• Obtain balance information for your HSA checking account.

The following limitations on the frequency and amount of HSA Checking transactions may apply:

• You may make up to twelve (12) Visa HSA Check Card purchases and/or authorizations per day.
• You may withdraw and/or purchase up to a maximum of $2,000 in any one day from an ATM/kiosk and/or POS terminal, if there are sufficient funds in your account.
• Your HSA debit card transactions may be limited at certain merchants.
• You may transfer up to the available balance in your accounts at the time of the transfer.

c. Telelink Service. If we approve Telelink Service for your accounts, a separate access code will be assigned to you. You must use your access code along with your account number to access your accounts. At the present time, you may use Telelink Service to:

• Withdraw funds from your share savings, checking, loan, Money Market, and Club accounts.
• Transfer funds from your share savings, checking, Money Market, and Club accounts.
• Obtain balance information for your share savings, checking, loan, Money Market, Club, and Share Certificate accounts.
• Make loan payments from your share savings, checking, Money Market, and Club, accounts.
• Access your VIP, Smartline, and Home Equity account.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share savings and checking accounts or interest paid on loan accounts.

Your accounts can be accessed under Telelink Service via a touch-tone telephone only. Telelink Service will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing.

• There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
• Maximum of eight (8) minutes per call.

The credit union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The credit union may set other limits on the amount of any transaction, and you will be notified of those limits. The credit union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each telephone call.

d. Preauthorized EFTs.

• Direct Deposit. Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the credit union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share savings and/or checking account.
• Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share savings and/or checking account.
• Stop Payment Rights. If you have arranged in advance to make electronic funds transfers out of your accounts for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. A stop payment request for preauthorized Electronic Funds Transfers will apply to all subsequent transfers, unless you withdraw the request.
• Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
• Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

e. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check, you may authorize your check to be converted to an electronic funds transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

f. Online Services. If we approve Online Services for your accounts, a separate User Name and password will be assigned to you. You must use your User Name and password along with your account number to access your accounts. At the present time, you may use Online Services to:

• Withdraw funds from your share savings, checking, loan, Money Market, and Club accounts.
• Transfer funds from your share savings, checking, Money Market, Club, and loan accounts.
• Obtain balance information for your share savings, checking, loan, Money Market, Club, IRA, and Share Certificate accounts.
• Make loan payments from your share savings, checking, Money Market, and Club accounts.
• Access your VIP, Smartline and Home Equity account.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share and checking accounts or interest paid on loan accounts.
• Verify the last date and amount of your payroll deposit.
• Make bill payments to participating companies.

Your accounts can be accessed under Online Services via personal computer. Online Services will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.

• There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.

g. GoMobile. If we approve GoMobile for your accounts, a separate User Name and password will be assigned to you. You must use your User Name and password along with your account number to access your accounts. At the present time, you may use GoMobile to:

• Withdraw funds from your share savings, checking, loan, Money Market, and Club accounts.
• Transfer funds from your share savings, checking, Money Market, Club, and loan accounts.
• Obtain balance information for your share savings, checking, loan, Money Market, Club, IRA, and Share Certificate accounts.
• Make loan payments from your share savings, checking, Money Market, and Club accounts.
• Access your VIP, Smartline and Home Equity account.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share and checking accounts or interest paid on loan accounts.
• Verify the last date and amount of your payroll deposit.
• Make bill payments to participating companies.

Your accounts can be accessed under GoMobile via mobile device or other approved access device(s). GoMobile will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

The following limitations on Mobile Banking transactions may apply:

• There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.

h. AmeriCU Bill Pay. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.

We will withdraw the designated funds from your checking account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you schedule for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

The following limitations on AmeriCU Bill Pay transactions may apply:

• The maximum payment amount per day is $19,999.99.
• The single payment limit is $9,999.99.

2. CONDITIONS OF EFT SERVICES.

a. Ownership of Cards. Any card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the card, immediately according to instructions. The card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your card or account to another person.

b. Honoring the Card. Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to honor the card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.

c. Foreign Transactions. Visa. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.

A fee of 1.00 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all multiple currency foreign transactions, including purchases, cash withdrawals and credits to your account. A fee of .08 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all single currency foreign transactions, including purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates.

d. Security of Access Code/PIN. You may use one or more access/pin codes with your electronic funds transfers. The access codes issued to you are for your security purposes. Any codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes that authority shall continue until you specifically revoke such authority by notifying the credit union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the credit union suffers a loss, we may terminate your EFT services immediately.

e. Joint Accounts. If any of your accounts accessed under this agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this agreement and, alone and together, shall be responsible for all EFT transactions to or from any share savings and checking accounts or loan accounts as provided in this agreement. Each joint account owner, without the consent of any other account owner, may, and is hereby authorized by every other joint account owner to make any transaction permitted under this agreement. Each joint account owner is authorized to act for the other account owners, and the credit union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

3. FEES AND CHARGES. There are certain fees and charges for EFT services. For a current listing of all applicable fees, see our current Fee Schedule that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.

If you use an ATM not operated by us (non-proprietary), you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.

4. MEMBER LIABILITY. You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

TELL US AT ONCE if you believe your card has been lost or stolen or if you believe someone has used your card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If a transaction was made with your card or card number without your permission, and was either a Visa or Interlink transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card. For all other EFT transactions, including ATM and kiosk transactions or if you were grossly negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows.

If you tell us within two (2) business days after you learn of the loss of your card or access code, you can lose no more than $50 if someone used your card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card 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, including those made by card, code or other means, 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 lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

(800) 449-7728 or (800) 388-2000

or write to:

AmeriCU Credit Union

Attn: ATM/Debit Card Department

1916 Black River Blvd

Rome, NY 13440

Fax: (315) 356-3434

 

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

5. RIGHT TO RECEIVE DOCUMENTATION.

a. Periodic Statements. Transfers and withdrawals made through any debit card transactions, audio response transactions, preauthorized EFTs, online/PC transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

b. Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM, kiosk and/or point-of-sale (POS) terminal.

c. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling Telelink: (800) 232-4330 or (315) 337-4373 or visit www.americu.org or call the Member Service Center at (800) 388-2000 or (315) 356-3000. This does not apply to transactions occurring outside the United States

6. ACCOUNT INFORMATION DISCLOSURE. We will disclose information to third parties about your account or the transfers you make:

• As necessary to complete transfers;
• To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
• If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);
• To comply with government agency or court orders; or
• If you give us your written permission.

7. BUSINESS DAYS. Our business days are Monday through Friday, excluding holidays.

8. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

• If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit.
• If you used your card or access code in an incorrect manner.
• If the ATM or kiosk where you are making the transfer does not have enough cash.
• If the ATM or kiosk was not working properly and you knew about the problem when you started the transaction.
• If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
• If the money in your account is subject to legal process or other claim.
• If funds in your account are pledged as collateral or frozen because of a delinquent loan.
• If the error was caused by a system of any participating ATM network.
• If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers.
• If the telephone or computer equipment you use to conduct audio response or online/Petrifactions is not working properly and you know or should have known about the breakdown when you started the transaction.
• If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the credit union. For any other error or questions you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
• Any other exceptions as established by the credit union.

9. NOTICES. All notices from us will be effective when we have mailed them or delivered them to your last known address in the credit union's records. Notices from you will be effective when received by the credit union at the address specified in this agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change. Use of this service is subject to existing regulations governing the credit union account and any future changes to those regulations.

The following information is a list of safety precautions regarding the use of ATMs and night deposit facilities:

• Be aware of your surroundings, particularly at night.
• Consider having someone accompany you when the ATM, kiosk or night deposit facility is used after dark.
• Close the entry door of any ATM or kiosk facility equipped with a door. Note that activity within an ATM or kiosk is recorded by a surveillance camera.
• If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction. If it is after the regular hours of the financial institution and you are using an ATM or kiosk, do not permit entrance to any person you do not know.
• Refrain from displaying your cash at the ATM, kiosk or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home.
• If you notice anything suspicious at the ATM, kiosk or night deposit facility, consider using another ATM, kiosk or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your card or deposit envelope, and leave.
• If you are followed after making a transaction, go to the nearest public area where people are located.
• Do not write your personal identification number (PIN) or access code on your ATM card.
• Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the nearest available public telephone.
• Please direct any comments or complaints regarding ATM or kiosk security to the credit union or the New York State Department of Financial Services at (800) 342-3736.

10. BILLING ERRORS. In case of errors or questions about electronic funds transfers from your share savings and checking accounts, or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. Call us at:

(315) 356-3000

or write to:

AmeriCU Credit Union

1916 Black River Blvd

Rome, NY 13440

Fax: (315) 336-4546

 

• Tell us your name and account number.
• Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the credit union has made 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 determine whether an error has occurred within ten (10)* 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 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 ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days of completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

* If you give notice of an error within thirty (30) days after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days to investigate the error.

** If you give notice of an error within thirty (30) days after you make the first deposit to your account, notice of an error involving a POS transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate the error.

NOTE: If the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.

11. TERMINATION OF EFT SERVICES. You may terminate this agreement or any EFT service under this agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the credit union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this agreement at any time by notifying you orally or in writing. If we terminate this agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this agreement has been terminated, and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the credit union terminates this agreement, the termination shall not affect your obligations under this agreement for any electronic transactions made prior to termination.

12. GOVERNING LAW. This agreement is governed by the bylaws of the credit union, federal laws and regulations, the laws and regulations of the state of New York, and local clearinghouse rules, as amended from time to time. Any disputes regarding this agreement shall be subject to the jurisdiction of the court of the county in which the credit union is located.

13. ENFORCEMENT. You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.