Online And Mobile Banking User Agreement

First Heritage Federal Credit Union endeavors to provide you with the highest quality Mobile Banking (the “Service”) available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the “Agreement”). We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by Law. Definitions As used in this Agreement the following words have the meanings given below: “Account(s)” means your eligible First Heritage Federal Credit Union shares, share draft, term share(s) or other products that can be accessed through Mobile Banking. “Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. “Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking. “You” and “Your(s)” mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service. “We”, “Us”, and “Credit Union” mean First Heritage Federal Credit Union. Mobile Banking Service A. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our First Line online banking services. It is not intended to replace access to First Line Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your First Heritage Federal Credit Union account information, make payments to payees, transfer funds and conduct other banking transactions.  Information about First Heritage Federal Credit Union’s Mobile Banking Service is available on our website at www.fhfcu.org. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In additions, the Service may not be supportable for all Devices. First Heritage FCU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues. B. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our internet banking platform. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device. C. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any share account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transactions limitations and fees which might apply to your use of Mobile Banking. Permitted Mobile Banking Transfers You may use the Service to transfer funds between your eligible First Heritage FCU accounts (“Internal Transfer”) or You may not transfer to or from an Account at another financial institution with the Service. If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate Internal Transfer via Mobile Banking. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. Federal regulations require financial institutions to limit the way withdrawals may be made from share or money market account. Each transfer from a share or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Important Account Information for Our Members Disclosure. We may also limit the type, frequency and number of transfers for security purposes and may change or impose the limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds. Your Responsibilities You represent and agree to the following by enrolling for Mobile Banking or by using the Service:

1. Account Ownership/Accurate Information. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connections with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
2. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, logon information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
3. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would; (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
4. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorize to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
5. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless First Heritage FCU its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (a) third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; of (c) your use, or use by a third party, of Mobile Banking.
6. Error Resolution Notice. In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as possible, if you think your statement is wrong or if you need more information about a transfer listed on the statement after we sent the FIRST statement on which the problem or error appeared: (1) tell us your name and account number (2) Describe the error or the transfer you are unsure about, and explain clearly why you believe it is an error or why you need more information (3) tell us the dollar amount of the suspected error. 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 occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account. 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. We will tell you the results within three business days after 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.

Send inquiries to: First Heritage FCU Attn: EFT Department 110 Village Square, Ste. 101 Painted Post, NY 14870 607.936.4667 or 800.833.3338

DepositNow Agreement and Disclosure

The DepositNow Agreement and disclosure (“Agreement”) contains the terms and conditions for the use of First Heritage Federal Credit Union DepositNow. Other agreements you have entered into with First Heritage Federal Credit Union, including the First Line Online Banking Agreement, as applicable to your First Heritage Federal Credit Union account(s), are incorporated by reference and made a part of this Agreement.

(1) Services. The DepositNow services (“Services”) are designed to allow you to make deposits to your share or share draft accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to First Heritage Federal Credit Union or First Heritage Federal Credit Union’s designated processor.

(2) Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after First Heritage Federal Credit Union has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, First Heritage Federal Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

(3) Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

(4) Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by First Heritage Federal Credit Union from time to time. See http://www.fhfcu.org for current hardware and software specifications. First Heritage Federal Credit Union is not responsible for any third-party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.

(5) Eligible Items. You agree to scan and deposit “on us checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). ”On us checks” are checks drawn off from a First Heritage Federal Credit Union checking account. When the image of the check transmitted to First Heritage Federal Credit Union is converted to an Image Replacement Document for subsequent presentment and collections, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items: • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn • Checks payable jointly, unless deposited into an account in the name of all payees • Checks previously converted to a substitute check, as defined in Reg CC • Checks not payable in United States currency • Checks dated more than 6 months prior to the date of deposit • Checks or items prohibited by First Heritage Federal Credit Union’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your First Heritage Federal Credit Union account • Checks payable on sight or payable through Drafts, as defined in Reg CC • Checks with any endorsement on the back other than that specified in this agreement • Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution • Checks or items that are drawn or otherwise issued by the U.S. Treasury Department

(6) Endorsements and Procedures. You agree to restrictively endorse any item deposited via the DepositNow service with your signature followed by “First Heritage Mobile Deposit”. You agree to follow any and all other procedures and instructions for use of the service as First Heritage Federal Credit Union may establish from time to time.

(7) Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from First Heritage Federal Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credit to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that the Credit Union is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

(8) Email Address. You agree to notify us immediately of any changes in your email address, as this is the email address where notification of receipt of remote deposit items will be sent.

(9) Availability of Funds. You agree that items transmitted using the Services are subject to First Heritage Federal Credit Union funds availability requirements.

(10) Disposal of Transmitted Items. Please retain original check until it is deposited into your account. You agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to First Heritage Federal Credit Union upon request.

(11) Deposit Limits. We will establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

(12) Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in First Heritage Federal Credit Union’s sole discretion subject to the Important Account Information for our Members Disclosure governing your account.

(13) Errors. You agree to notify First Heritage Federal Credit Union of any suspected errors regarding items deposited through the Services right away, and in no event later than 33 days after the applicable First Heritage Federal Credit Union account statement is sent. Unless you notify First Heritage Federal Credit Union within 33 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First Heritage Federal Credit Union for such alleged error. Send inquiries to: First Heritage Federal Credit Union Attn: Electronic Services Dept. 202 Denison Pkwy E, Corning, NY  14830 or call 607.936.4667 or 800.833.3338

(14) Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First Heritage Federal Credit Union bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

(15) Image Quality. The image of an item transmitted to First Heritage Federal Credit Union using the Services must be legible, as determined in the sole discretion of First Heritage Federal Credit Union. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by First Heritage Federal Credit Union, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

(16) User Warranties and Indemnification. You warrant to First Heritage Federal Credit Union that: • You will only transmit eligible items • You will not transmit duplicate items • You will not re-deposit or re-present the original item • All information you provide to First Heritage Federal Credit Union is accurate and true • You will comply with this Agreement and all applicable rules, laws and regulations • You are not aware of any factor which may impair the collectability of the item • You agree to indemnify and hold harmless First Heritage Federal Credit Union from any loss for breach of this warranty provision

(17) Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

(18) Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Important Account Information for Our Members or any other agreement with us.

(19) Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

(20) Ownership & License. You agree that First Heritage Federal Credit Union retains all ownership and proprietary rights in the Services, associated content, technology, and websites(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to First Heritage Federal Credit Union’s business interest, or (iii) to First Heritage Federal Credit Union’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

(21) DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE AND, (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

(22) LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST HERITAGE FEDERAL CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

In Case of Errors or Questions about Electronic Transfers

Telephone us at (607) 936.4667 or (800) 833.3338 or write us at First Heritage Federal Credit Union, 202 Denison Pkwy E, Corning, NY 14830, or email us at info@fhfcu.org as soon as you can if you think your periodic account statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and account number, describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.  Tell us the dollar amount of the suspected error. If you inform us orally, we may require that you send us your complaint or question in writing within 10 business days. We will communicate the results of our investigation within 10 business days after we are notified and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or questions. If we decide to do this, we will credit your account within 10 business days for the amount of the error you have reported; so that you will have 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 10 business days, we may not credit your account. The 10 business day period discussed above becomes 20 business days if the notice of error involves a transfer to or from the account within 30 days after the first deposit to the account. We will communicate the results of our investigation within 3 business days of the completion of our investigation. If we find 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.

First Heritage Federal Credit Union's eStatement Disclosure

As your Credit Union, we appreciate your interest in eStatements and are pleased to make this service available to you within your FIRST LINE internet banking account at no cost. This agreement supplements your First Heritage Federal Credit Union account agreement which was provided to you at account opening. You acknowledge that you have read this agreement prior to accessing eStatements. Please read this agreement carefully. In this agreement, the words “you” and “your” mean the person who has applied for access to eStatements, the electronic viewing of your statements of accounts. Any owner of the account can apply for access to eStatements. We, our, and us, when used in this agreement mean First Heritage Federal Credit Union.

(1) Your consent to receive statements electronically– By accepting the terms in this disclosure you are requesting and agree to receive your periodic account statement electronically and not receive a paper statement. You may request a paper copy of a statement at any time. Requesting a copy of a paper statement does not constitute a withdrawal of consent to receive eStatements. Paper copies of past statements are subject to the standard duplicate statement fee as provided in our fee schedule. To receive a paper copy of a statement you may call or stop by any one of our branch offices and speak with a Member Service Representative. You can cancel eStatements and begin receiving a paper statement at any time (please refer to the section labeled Cancellation Procedures listed in this disclosure for proper cancellation procedures.)

(2) Cancellation Procedures– You may withdraw your consent or cancel eStatements at any time by furnishing the withdrawal in writing, either electronically or on paper. You may e-mail your cancellation to info@fhfcu.org or you may mail or drop it off at any one of our branch locations. The withdrawal of consent does not apply to a statement furnished electronically before the date on which the withdrawal of consent takes effect. We will inform you if the cancellation procedures or contact information changes.

(3) Revocation of eStatements– We reserve the right to stop furnishing eStatements at any time at our discretion.

(4) Access to eStatements– Members and account owners acknowledge that only authorized users may access eStatements. EStatements will remain available to account owners for eighteen (18) months via FIRST LINE.

(5) Procedure to change contact information– If you choose, we will provide e-mail reminders to you that your account statement is ready at the e-mail address you have provided. If your e-mail address changes, you will need to update your address by using the “Settings” feature located within FIRST LINE.

(6) Availability of eStatements– eStatements will be available to view or print through FIRST LINE for eighteen (18) months.

(7) Hardware and Software Requirements- You will access the Documents via a WEB PAGE or link in First Line Online Banking. Therefore, electronic access to the documents is the same as those for First Line Online Banking. To view printer friendly versions of the documents, you will need the most up-to-date version of Adobe Reader, which can be found at http://get.adobe.com/reader/. Furthermore, you will need sufficient file space on our computer to save the documents for your records, unless you print them. Documents will be stored online for the stated length of time. If these requirements substantially change, we will provide you with an updated Disclosure. You must consent to the new Disclosure to retain electronic delivery of the Documents.

(8) Electronic “Signature” Agreement & Security– You agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Credit Union instructions while participating in our eStatement Program; or in accessing or making any transaction regarding any agreement acknowledgement, consent terms, disclosures or conditions, constitutes your signature, and acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Credit Union. You agree and acknowledge that you will keep your password and other security codes and identification data confidential, and you will immediately notify the Credit Union should you believe that your password has been lost, stolen, or that an unauthorized person has electronically accessed your accounts.

Online Consumer And Business Bill Pay Agreement And Disclosure

Acceptance of Terms 

This Agreement sets out the terms and conditions (the “Terms”) on which the Credit Union will provide the FI Transfer Service to you.  When you click on the “I Agree” button, you will complete an enrollment page to receive the FI Transfer Service and you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms.  Your enrollment may be accepted or declined by the Credit Union based on specific criteria.   If you do not accept and agree to all of the Terms, you will not be entitled to use the FI Transfer Service.  We reserve the right to change the Terms under which the Service is offered at any time; however, we will notify you of any material change to the Terms.  In additions, we reserve the right to notify you by email or by conventional mail, at our discretion.  You agree that if you continue to use the FI Transfer Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended.  If you do not accept and agree to the changes to the Terms, you will not be entitled to use the FI Transfer Service.  You can review, download and print the most current version of this Agreement at any time from the Home Page of www.fhfcu.org and click on Disclosures.  If you do not agree to the changes, or if at any time you wish to discontinue your use of the FI Transfer Service, you can unsubscribe by sending us a written notice to:

First Heritage Federal Credit Union

Attn:  EFT Department

202 Denison Pkwy E

Corning, NY  14830

You may also unsubscribe from the Service by sending a message through the messaging system contained within the First Line online banking system.  Standard email is not a secure form of message delivery and requests to discontinue the Service will not be honored if received solely by email. 

Once your account with the Credit Union has terminated for any reason, you will have no further right or access to use the Service.

We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulation designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Assets Control (OFAC) of the United States Treasury Department or are using the Service to fund, send, receive or otherwise participate in unlawful internet gambling.

Once you are approved for the FI Transfer Service, we may verify your Accounts that you add to the Service from time to time.  You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be credited to the Account.  Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or any additional information you ordinarily use to access the Account provider’s web site, or by requiring you to submit proof of ownership of the Account which may include but is not limited to a copy of current bank statements, voided check or deposit slip, or verification by your external financial institution.

User Content

 Subject to the Credit Union’s Privacy Policy, you agree that the service may use, copy, modify, display and distribute any information, data, materials or other content (the “Content”) you provide to the Credit Union and the Service Provider for the purpose of providing the Service, and you hereby give permission to do so.  By submitting Content, you represent that you have the right to provide such Content to the Credit Union and the Service Provider for the purposes set forth in this Agreement.

Accounts

Transfer of funds and use of this service is available for domestic (U.S.) accounts only.  This service does not allow you to transfer funds internationally or to accounts held in a foreign country.

You understand that in order to complete funds transfers, it is necessary for the Credit Union and our Service Provider to access the websites and databases of your Credit Union and other institutions where you hold Accounts, including External Accounts as designated by you and on your behalf, to retrieve information and process the funds transfers you request.  By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to affect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information, you are not violating any third-party rights.  You warrant and represent that the information you are providing to us is true, current, correct and complete.  You hereby authorize and permit the Credit Union and our Service Provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

For as long as you are using the Service, you give to the Credit Union and our Service Provider a limited power of attorney and appoint the Credit Union and our Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, affect funds transfers as described above , with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person.  Once the Credit Union has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by the Credit Union and/or our Service Provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each External Account provider is independent of the Credit Union and your use of the Service.  The Credit Union will not be responsible for any acts or omissions by the financial institution or other provider of any External Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE CREDIT UNION AND OUR SERVICE PROVIDER ARE AFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, THE CREDIT UNION AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY.  You agree that, the Credit Union, its affiliates, service providers 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) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

 Transfers from Share Accounts

Share accounts have transaction limitations.  Federal regulations require the Credit Union to limit the number of withdrawals or transfers you may make on Share accounts.  Transfers from these types of accounts will count towards the transaction limitation applicable to your account.  Please contact First Heritage Federal Credit Union or the financial institution from which you may be transferring funds and inquire as to any transaction limitations specific to your type of account.  Please refer to your Important Account Information for Our Members Disclosure and Fee Schedule for additional information and any related fees.  We are not responsible for any costs or losses incurred from funds transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

 Privacy Policy, Confidentiality and Security

We will only disclose information about you to third parties if:

1. It is necessary to complete a transaction.
2. It is necessary to return transfers or payments made from your account that are drawn on insufficient funds or if we are unable to complete an electronic transfer or payment because of insufficient funds.
3. It is necessary to verify the existence and condition of your deposit account to a third part such as a credit bureau or merchant.
4. It is necessary to comply with a governmental agency or court order.
5. You give us your written permission.
6. You ask us to assist with posting of a transfer at another financial institution.
7. It is necessary for activating additional FI Transfer Services that you requested.
8. Refer to our Privacy Policy Disclosure for additional information (www.fhfcu.org/Disclosures).

Your contribution is important to protect the security of your access to our FI Transfer Service.  You can help prevent unauthorized access and agree to follow these security guidelines:

1. Protect your Username, password, and security questions and answers by keeping them unique and know only to you.
2. Do not share or disclose your ser name, password or security questions to anyone that you do not want to access your account. Providing your Username, password or security questions to an unauthorized user may subject you to theft or fraud, and loss of all funds within your account.
3. Change your password routinely; a good practice is every ninety (90) days.
4. Choose a password that is at least six (6) characters, a combination of letters and numbers, and difficult to guess. Avoid using an easily guessed password such as a word found in the dictionary, your name, your significant other’s name, your pet’s name, or your birthday.
5. Do not display your Username, password or other security codes or questions in a place where others can view it.
6. Log off First Line online banking system by clicking on “Log off”. We also suggest you clear your disk cache by shutting down your browser, which will normally clear your cache alternatively; you can clear your cache using the instructions provided in your browser’s online help system.
7. Maintain security over your personal computer or mobile access device such as current and updated virus and malware protection and employ physical access controls.
8. Maintain your hardware, software and Internet Service Provider to ensure that you have the latest in security updates and to ensure that your system is operating properly.

You also agree that the Credit Union may revoke your Service and/or First Line access if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the username and passwords belonging to you and/or your authorized signer.

Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf.  You understand that financial institutions receiving the funds transfer instructions rely on such information.  We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation.  You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use.  If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, the Credit Union reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

In Case of Errors or Questions about Your Electronic Transfers You Should:

1. Telephone us toll free at: 800.833.3338 or 607.936.4667
2. Write us at:

First Heritage Federal Credit Union

Attn:  EFT Department

202 Denison Pkwy E

Corning, NY  14830

3. If you think that your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than (60) days after you received the FIRST statement on which the problem or error appeared.  You must:
4. Tell us your name and account number
5. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and
6. Tell us the dollar amount of the suspected error. If you tell us orally in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing verbal notification.  We will tell you the results of our investigation 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 45 days to investigate the complaint or question.  If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error; so that you may have the use of the money during the time it takes us to complete our investigation.  If we decide that we did not make an error, we will send you a written explanation.  You may ask for copies of the documents we used in our investigation.  We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account.  Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution.  Any rights you may have against a financial institution for such errors delays or other problems are subject to the terms of the agreements you have with such financial institution including any time limits during which complaints must be made.

Unauthorized Transfers

If you tell us within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your First Line Username, password and/or security questions and answers have been lost, stolen or compromised, you can lose no more than $50.00.

If you fail to notify the Credit Union within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your User name, password and/or security questions and answers have been lost, stolen or compromised, and we can prove that we could have prevented the unauthorized access to your account(s) or use of your First Line user name, password and/or security questions had you notified us, you could lose as much as $500.00.

If your monthly statement or your online account detail reflects any transfers or payments that you did not make, tell us at once.  If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was delivered to you, you may not get back any money you lost after the sixty (60) days, provided that we can prove that we could have stopped someone from taking the money if you had told us in time.  This sixty (60) day period may be extended under unusual circumstances, if for example, you were on an extended trip or hospital stay kept you from telling us, we may extend the time periods.

Types of Transfers

Transfers can be between Accounts with First Heritage Federal Credit Union and other financial institutions.  Transfers can only be from/to deposit accounts held with First Heritage Federal Credit Union and deposit accounts held with other financial institutions.

Some of these services may not be available at all times.  We may from time to time make available additional or new features to the FI Transfer Service, including but not limited to, a next day service and a higher limit service.  You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply.  Please ensure that you have sufficient funds to affect any funds transfers from your Accounts.  We may, at any time, decline to process any funds transfer that is believed may violate applicable law or may represent a potential or excessive risk.

Dollar Amount of Transfers

You may not make funds transfers in excess of limits described for this Service.  We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our FI Transfer Service.  Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provide herein (see “Suspension and Reinstatement of FI Transfer Service” below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations and or cancellation.

Transfer requests will be completed on the effective date of the transfer request.  The effective date must be at least 2 business days from the time you initiate the transfer request.

Dollar Limits

Transfers to your accounts are subject to the following dollar limits:

Inbound Limit - Business Day - $2,500.00

Outbound Limit - Business Day - $2,500.00

All transfers are subject to internal review by First Heritage Federal Credit Union based on to and from accounts, the amount of the transaction, your relationship with First Heritage Federal Credit Union, a successful fraud screening and such other factors that the Credit Union may determine to apply from time to time.  In the event we determine that there are excessive risks associated with a transfer we may delay or cancel the transfer and notify you or direct you to contact us to provide additional details on the transfer before it is initiated or funds are released.

Any transfer initiated on a day that is not a Business Day begins processing on the following business day and counts toward the applicable dollar limit for the next business day.

Rejected and Failed Transfers

We reserve the right, at our sole discretion, to decline to affect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.

The most common reasons for failed or returned Transfers include, but are not limited to:

• Entering an incorrect account number or ABA number
• Sending or receiving account has been closed or otherwise frozen or restricted
• Insufficient available funds in the account to be debited and/or credited
• Exceeding the dollar limit for an individual transaction, total transactions per month, or pending transfers that have not yet been posted.
  

It is your responsibility to monitor the status of your transfer request(s) and for ensuring that it has been processed as requested.

Authorization

You authorize us to select any means to execute your funds transfer instructions.  You understand that to affect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules; we debit one of your Accounts and credit another of your Accounts.  If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize us and/or our Service Provider to collect from the Account to which the credit side of the funds transfer was sent.  We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited.  To affect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original fund transfer or a portion of the debit.  There may be a fee associated with such collection imposed by the financial institution holding the Account.

In the event that a debit to any of your Accounts, or any portion of an such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency.  We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement.

You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

Updating Records

You agree to promptly update your records if your email address or other information changes.  You may update your records, such as your email address, by selecting the “Settings” tab within the First Line Online Banking site.  You are responsible for the accuracy of all of the information you input and agree that we may rely on the information you provide, without further verification, when processing transactions you initiate through the Service.  YOU AGREE THAT FIRST HERITAGE FEDERAL CREDIT UNION SHALL NOT BE LIABLE FOR ANY COSTS, FEES LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION YOU HAVE PROVIDED TO US.

Suspension and Reinstatement of FI Transfer Service

In the event that we at any time incur a problem with your use of the FI Transfer Service, including, without limitation, a failure in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as describe above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the FI Transfer Service, immediately and without prior notice to you.  We may suspend or cancel your Username and password or use of the Service even without receiving such notice from you if we suspect your account or the Service is being used in an unauthorized or fraudulent manner.

You understand and agree that such action is reasonable for us to take in order to protect ourselves from possible loss or fraud.  In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provide for under this Agreement (see “Error Reporting” above).  We reserve the right at our sole discretion to grant or deny reinstatement of your use of the FI Transfer Service.  In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you.  Based upon your subsequent usage of the FI Transfer Service, the Credit Union in its sole discretion may thereafter restore your ability to affect transfers subject to such higher limits as may then be in effect (see “Dollar Amount of Transfers”, above).

Termination

Termination for Cause:  We may immediately terminate your access and Service, without prior notice to you, if or when you:

1. Do not pay when due any required fee(s);
2. Do not comply with this Agreement (and/or the Agreements it supplements), the Operating Rules of the ACH network, or the agreement(s) governing Accounts;
3. Any of your deposit or loan accounts with FHFCU are not current or are not in good standing;
4. Have had six (6) or more overdraft or an item returned for insufficient funds with respect to any FHFCU deposit account during the current twelve (12) prior calendar months;
5. You have included us in the filing of a petition of bankruptcy we may revoke or refuse to grant you Service and/or First Line access to your account; or
6. You have had any prior transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
   

You acknowledge and agree that the Credit Union and/or our Service Provider own all rights in and to the FI Transfer Service.  You are permitted to use the Service only as expressly authorized by this Agreement.  You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Credit Union and/or our Service Provider’s Funds Transfer, any of the Credit Union and/or our Service Provider’s services or technology.

No Unlawful or Prohibited Use

As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.  You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provide 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.

User Conduct

You agree not to use the Service, the content or information delivered through this Service and any FHFCU online banking product or application in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use this Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for FHFCU or its affiliates or cause us to lose (in whole or in part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to this Service and any other FHFCU online banking application; (i) interfere with or disrupt the use of this Service by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or () use the Service in such a manner as to gain unauthorized entry or access to the computer systems.

Monitoring

Except to the extent prohibited by law, we reserve the right to review and/or monitor transactions and instructions submitted for security, legal compliance, fraud, and related purposes.

Service Changes and Discontinuation

We may modify or discontinue the Service of your account with us, with or without notice, without liability to you, other user(s), or any third party.  We reserve the right, to subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of the Credit Union and/or our Service Provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Service.  We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce.  You understand and agree that you are responsible for paying all fees associated with the use of our Service.

Once your Account with the Credit Union has terminated for any reason, you will have no further right or access to use the FI Transfer Service.

Security Procedures

You understand that the financial institution at which an External Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions.  You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.  You also agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, 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 financial institutions to charge and debit your accounts based solely on these communications.

Account Number Policy

If transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name.  You understand that some financial institutions may not investigate discrepancies between names and numbers.  In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

Joint Account Holder

An Account having more than one owner is called a joint account.  Each joint owner is bound by all the terms and conditions of this Agreement, and all references to “you” and “your” in the Agreement shall include all joint owners.  Each joint owner agrees to be jointly and individually responsible for all charges and other obligations, if any, under this Agreement.  Each joint owner has full and independent authority to use the Service as if they were the sole owner, and without the consent of or notice to any other joint owner.  Such powers include, without limitation, the authority to: (a) view all transfer data and execute transfers or other obligations of any joint owner; (b) order the payment or transfer of funds from the Funding Account; (c) receive notices, confirmations, statements, demands and other communications concerning the Service for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; and (e) close the account at any time.  The Credit Union may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (c) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (d) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.  We will end your use of the Service if any joint account holder notifies us that (a) they never consented to your use of our Service, (b) the joint account can no longer be operated on your instructions alone, or (c) they are withdrawing consent for you to operate the joint account.

Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account, or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing a misdirected funds to the proper Account.  The Credit Union is not responsible or liable if your financial institution’s system fails and we are unable to complete the transfer.  Except as otherwise required by law, the Credit Union shall not be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of the Service hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer.  You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service.  You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire, flood or any other natural disaster or any act of war or terrorism) prevent us from making a funds transfer or if the Credit Union’s website was not working properly and you knew about the breakdown when you started the transfer.

Limitation of Warranty and Liability

We hope you will find the FI Transfer Service to be useful and reliable.  However, neither the Credit Union nor its Service Providers can make any representations or warranties that you will have continuous or uninterrupted access to the Service or any of its content or functions, or that any of the functions of the Service will be error free.  THE SERVICE IS PROVIDE TO YOU “AS IS” AND “AS AVAILABLE”, AND THE CREDIT UNION OR ITS THIRD PARTY LICENSORS MAKE NO REPRESENTATION OR WARRANTIES RELATING TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS) OR ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE SERVICE OR AS PROVIDED BELOW.  YOU UNDERSTAND THAT IN NO EVENT WILL THE CREDIT UNION OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTIONS WITH THESE TERMS OF USE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

Indemnification

You agree to indemnify, defend and hold harmless the Credit Union and our Service Provider, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the FI Transfer Service, our reliance on the information, instructions, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of the bank account, of an intellectual property or other right of any person or entity.

Disputes

If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws and provisions or your actual state or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Miscellaneous

You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the FI Transfer Service; and that you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions.  The Credit Union’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of the Credit Union’s right to subsequently enforce such provision or any other provisions of this Agreement.

The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written, or oral, regarding the FI to FI Funds Transfer Service.  This agreement may be amended, or any of the Credit Union’s rights waived, only if the Credit Union agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by the Credit Union.  All notices to you shall be in writing and shall be made either via email, conventional mail or messages delivered through the Service, at the Credit Union’s discretion.  All notices to the Credit Union must be made in writing and sent to the Credit Union at:

 First Heritage FCU

Attn:  EFT Department

202 Denison Pkwy E

Corning NY  14830

This Agreement is personal to you, and you may not assign it to anyone.  This Agreement shall take effect immediately upon the acceptance of your application and by clicking on “I Accept” you consent that you have the ability to retain a copy of these disclosures for your records and you also consent to receiving these Agreement(s) electronically.