ePay and MoneyTracker Agreement and Disclosure
Use of ePay and MoneyTracker indicates acceptance of terms and conditions set forth in this ePay and MoneyTracker Agreement and Disclosure (this "Agreement"). This Agreement governs the use of the personal finance management tool described herein (ePay and MoneyTracker or the "Service"), which is offered by and through Navy Army Community Credit Union ("Navy Army", "we", "us", or "our"), to Navy Army members. Each reference in this Agreement to "Member", "you" or "your" means each member who enrolls in the Service (and refers to all such members jointly and severally). Financial Institution and Account Provider ("Provider", "Providers") means any institution or company where you maintain an account. Please read this Agreement carefully and keep a copy for your records.
When you’re ready, click the "I Agree" button to start enjoying the convenience and financial security of ePay and MoneyTracker!
ePay allows you to access your accounts online. You may use ePay to:
- Make a withdrawal by check from available Navy Army accounts
- Transfer funds between available Navy Army accounts;
- Transfer funds to make Navy Army loan payments
- Access a wide variety of information regarding your account(s); and
- Pay people and bills over the internet through our Bill Payer product.
MoneyTracker allows you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. You may use MoneyTracker to:
- Monitor any of your financial account relationships from any of your accounts at Navy Army Community Credit Union or from any other account held by you at another Provider, referred to in this agreement as "Accounts", assuming that the Provider has the ability to and permits you to release your financial information to MoneyTracker and Navy Army Community Credit Union.
- Utilize a variety of financial planning tools to assist you with:
- Financial goals
- Net Worth calculations.
Acceptance of Terms
When you click on the "I agree" button, you agree to accept the terms and conditions (the "Terms") of this Agreement, including any amendments to the Agreement or changes in the Terms. If you do not agree to all of the Terms, click on the "I do not agree" button. If you do not accept and agree to all of the Terms, you will not be entitled to use the ePay or MoneyTracker Web site, content, software and Services. Navy Army reserves the right to change the Terms under which the Services are offered in its sole discretion at any time; however, Navy Army will notify you of any material changes to the Terms. In most cases, you will receive notice on-line the next time you log in; however, Navy Army reserves the right to notify you by email or conventional mail, at its discretion. You agree that if you continue to use the Services after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of the Agreement at any time by clicking "Sign up now". If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by sending Navy Army an email at email@example.com or, if you prefer, by sending a registered or certified letter to Navy Army Fulfillment Center at PO Box 81349, Corpus Christi, TX, 78468-1349. Once your account with Navy Army has terminated for any reason, you will have no further right or access to use the ePay or MoneyTracker Service. To use the Service you must have an email address.
1. Information Authorization
We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or your Provider, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering".
Navy Army Community Credit Union reserves the right, in its sole discretion, to determine if you are eligible and approved for the Service. If you are approved for the Service, we shall verify the Accounts that you add to the Service. You authorize us to validate the Accounts. Once the validation is complete, we may also verify Accounts by requiring you to submit proof of ownership of the Account.
You understand and agree that, at all times your relationship with each Provider is independent of NavyArmy and your use of ePay and MoneyTracker. We will not be liable or responsible for any acts or omissions by the Provider, including without limitation any modification, interruption or discontinuance of any Account by such Provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE COLLECTING INFORMATION RELATED TO THE SERVICE FROM ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (3) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; (4) THE ACTIONS OR INACTION OF ANY OTHER FINANCIAL INSTITUTION OR OTHER PROVIDERS OF THE ACCOUNTS.
3. Electronic Communications
General Consent; Categories of Records. The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
• This Agreement and any amendments, modifications or supplements to it.
• Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any Member Service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
• Any other communication related to the Service.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format are considered to be in writing. You should print a paper copy of this Agreement and any electronic Communications that are important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
5. Authorization and Limitations
You authorize us to access your personal financial information for each account you request to include in the Service.
6. Suspension and Reinstatement of the Service
In the event that we at any time incur a problem with your use of the Service, including, without limitation, attempting to include Accounts you are not authorized to access, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate your right to use the Service immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of the Service by contacting us at PO Box 81349, Corpus Christi, TX. 78468. We reserve the right to, at our discretion, grant or deny reinstatement of your use of the Service.
7. Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. You understand that Providers receiving your request for the release of information may rely on such request through the Service. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree Navy Army Community Credit Union shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities or mis-information in the information that you provide.
You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
8. Proprietary Rights
You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile the Service.
9. No Unlawful or Prohibited Use
As a condition of using the Service, you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
10. Security Procedures
Notify us immediately if your User ID and Password have been compromised, lost, stolen or used without your authorization. Failure to notify Navy Army and all other Providers holding accounts listed in the Service immediately could result in the loss of all money accessible by the User ID and Password. Telephoning Member Service at 361-986-4500 or 800-622-3631 is the best way of limiting your possible loss on Navy Army Accounts.
You understand that the Provider may contact us to verify the content and authority of instructions and any changes to those instructions. You understand that, as your agent, we may provide to such Provider such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Account.
11. Deviating from Security Procedures
You agree to allow us to authorize any Provider at which you have an Account to accept instructions in accordance with any authorization procedures as may be agreed from time to time between you and such Provider, or between us, on your behalf, and such Provider, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such Providers to release your Account information based solely on these communications.
12. Account Number Policy
If instructions identify a Provider or beneficiary by name and account number, the relevant Provider may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such Providers may not investigate discrepancies between names and numbers.
13. Joint Account Holder
In submitting your application for the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.
14. Means of Transfer
You authorize us to select any means we deem suitable to provide your instructions to the applicable Provider. These choices include banking channels, electronic means, mail, courier, or telecommunications services, intermediary financial institutions and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, such as the Clearing House Interbank Payments System (CHIPS) or automated clearing house (ACH) as published by the National Automated Clearing House Association (NACHA).
15. Our Liability
If we fail to provide the Service in accordance with the terms and conditions of this agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other Provider system failures, errors or mistakes. Except as otherwise required by law, we shall in no other event be liable for any losses, fees, overdraft charges or damages other than those arising from our breach of a representation or warranty provided herein. You agree that your use of the Service constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if you suffer a loss based on the accuracy of information provided to you through ePay and MoneyTracker.
You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond such party's reasonable control and without its negligent or willful misconduct, including without limitation to acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, governmental acts, orders or regulations, third party nonperformance or failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment.
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 will be liable for your losses or damages. However, there are some exceptions where we will not be liable:
- If through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would exceed the credit limit on your overdraft line, if you have one;
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
- If the computer system is not working properly and you were aware of the breakdown when you started the transfer/transaction, and you did not get a confirmation; and
- If the funds in your account are subject to legal process or other encumbrance restricting the transfer.
There may be other exceptions stated in our account agreement with you.
16. Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Navy Army Community Credit Union, our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising directly or indirectly from: (a) your use of the Service; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, (c) your negligence or intentional misconduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via Navy Army Community Credit Union’s online banking service (ePay) or MoneyTracker; and/or (e) your infringement, or infringement by any other user of your account(s) at our web site, of any intellectual property or other right of any person or entity.
18. Not a Financial Planner, Broker or Tax Advisor
NEITHER NAVYARMY NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. NAVYARMY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability, and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at our discretion. Regardless of your receipt of email notification, you agree that our posting of the Amendment on ePay constitutes delivery of your amendment notice. All notices to us must be made in writing and sent to us at NavyArmy via registered or certified mail.
We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of the rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.
You may not assign any of your rights under this Agreement, except with the prior written consent of NavyArmy. You are prohibited from any and all assignments of rights under this agreement, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. You may not delegate any performance under this Agreement. Your purported assignment or delegation of any rights of performance are in violation of this agreement and void.
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change in writing or electronically, and, at our option, by sending notification to the e-mail address on file with the Service. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. . Regardless of your receipt of email notification, you agree that our posting of the Amendment on ePay constitutes delivery of your amendment notice. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
Errors and Questions
In cases of errors or questions concerning transactions completed using ePay, do one of the following, as soon as possible:
1. Contact our Member Service Center at 1-800-622-3631 or 1-361-986-4500.
2. Write to Navy Army Community Credit Union, P.O. Box 81349, Corpus Christi, Texas 78468-1349.
3. We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
- Account Number
- Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
- Tell us the amount of the error.
We will tell you the results of our investigation within ten (10) business days after we hear from you (20 business days if the transaction involved a new account). If we need more time, we may take up to 45 calendar days to investigate (90 calendar days if the transaction involved a new account). If we choose to take up to the 45 or 90 business days, we will give you a provisional credit to your account within ten (10) business days. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.
If Navy Army is notified within two (2) business days after you discover that your User ID and Password have been compromised, lost or stolen, you can lose no more than $50 from your NavyArmy accounts if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the User ID and Password without your permission, you could lose as much as $500 from your NavyArmy accounts. NavyArmy makes no representation or warranties as to other Providers’ security or reimbursement procedures.
If your statement shows unauthorized transfers, notify us within 60 days of your statement date. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason, (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time
NavyArmy is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their PC and devices using a reliable virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
You may terminate the use of ePay or any service within ePay by contacting NavyArmy in writing by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, Pay accessibility will automatically be suspended. NavyArmy may terminate this agreement any time with or without notice.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon our acceptance of your application for the Service.
Ownership of Material
Navy Army Community Credit Union utilizes Fiserv for online banking services (ePay), CheckFree for Bill Payment and DebtFolio, Inc., a Delaware Corporation, doing business as Geezeo.com, for MoneyTracker.
This Agreement is for the sole and exclusive benefit of members and is not intended to benefit any third party. Member and NavyArmy acknowledge and agree that any party that licenses the Software to NavyArmy, directly or indirectly through one or more sublicensees, is a third party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.
Usage, Collection and Retention of Information
This Agreement, the Exhibits and schedules to this Agreement (as may be amended from time to time), constitutes the entire agreement between Member and NavyArmy with respect to the subject matter hereof, supersede any prior agreements between NavyArmy and Member with respect to the subject matter hereof, and shall be binding upon NavyArmy, Member and their respective successors and permissible assigns. In the event of any inconsistency between this Agreement and the Documentation or any Account Agreement, this Agreement will govern.