First Heritage Federal Credit Union First Line User Agreement

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1 First Heritage Federal Credit Union First Line User Agreement Important: To enroll for First Line, you must consent to receive notices and information about the service electronically. You must have the ability to receive and retain electronic communications before you accept the terms of the First Line User Agreement ( Agreement ). The Agreement sets forth the terms and conditions under which you may utilize the various features of First Line, as more fully explained below. By selecting the I Agree box, you consent to receive information electronically and agree to the terms and conditions set forth in this agreement. First Heritage Federal Credit Union ( Credit Union ) reserves the right to provide information about the service to you by non-electronic means. Scope of Agreement This agreement establishes the terms and conditions of your use of First Line online banking service. Service Limitations We will use best efforts in order to ensure continuous service through First Line. However, because of the nature of communication over the internet, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. You agree that we are not responsible for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings. First Line Changes or Discontinuation We reserve the right to change or discontinue, temporarily or permanently, First Line at any time without notice. In order to maintain the security and integrity of First Line, we may also suspend your access to First Line at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of First Line. Hardware or Software Requirement Enrollment for the First Line service requires that you have access to the internet and an internet browser with 128-bit encryption, and a printer or disk drive or other electronic storage device. The Credit Union reserves the right to require you to obtain the different type of technology from time to time in order to use First Line. Address You agree to notify us immediately of any changes in your address. Enrollment for First Line Each owner or authorized signer on an account can enroll that account with First Line. Limitation of Liability The Credit Union does not make any representations or warranties that will provide First Line without interruption. First Line is provided on an As Available basis and the Credit Union makes no representation or warranties relating to the availability of First Line, any expressed or implied warranties relating to the merchantability, fitness for a particular purpose or non-infringement of third-party rights and title. The sole and exclusive remedy for any failure or nonperformance of First Line shall be for the Credit Union to make reasonable efforts to enable you to make proper use of First Line. In no event will the Credit Union or any of its officers, directors, subsidiaries, affiliates, or agents be liable for any 8/2013 Page 1

2 consequential, indirect incidental, special or punitive damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with this agreement, First Line, or the inability to use First Line, even if advised of the possibility of such damages. Any action or proceeding to enforce any obligation, duty or right arising under this agreement must be commenced within one year from the date that such cause of action arises. Other Agreements The terms and conditions of this Agreement constitute the entire agreement to use First Line as described herein and may be modified or amended by the Credit Union as described below. The terms and conditions of this Agreement are in addition to and part of the terms and conditions of the agreement governing the use of the website, and are in addition to all other terms and conditions in agreements governing your account with the Credit Union and constitute an amendment of those other agreements. Amendments The Credit Union reserves the right to amend, add to, or delete the terms and conditions of this Agreement and, unless otherwise required by law, the Credit Union chooses to notify you of an amendment, or is required to do so by law, you may receive such notice electronically and you may be asked to consent to an amended version of the Agreement electronically. In addition, the Credit Union may mail or deliver a separate notice, statement message or electronic message. Your continued use of First Line following any such notice of a change shall constitute your agreement to be bound by all such changes. Miscellaneous If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe or describe the scope or the extent of such section. The failure to act with respect to a breach does not otherwise waive the Credit Union s right to act with respect to subsequent or similar breaches. This Agreement represents the sole and exclusive agreement between the Credit Union and you regarding First Line and merges and supersedes all previous agreements and understandings regarding First Line. Should any term or condition be in conflict between this Agreement and any document incorporated herein by reference, this Agreement shall control with respect to issues relating to First Line. This Agreement is governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law principles. Electronic Fund Transfer Disclosure The following information describes the various types of electronic fund transfers which are available to members with First Line and your rights and responsibilities concerning those transactions, including your rights under the Electronic Fund Transfers Act ( EFT Act ). Please read this document carefully. You may print or save this document for future reference. Electronic access to this document in the future for printing or saving can be found at the First Line Login page. If you would like a paper copy, you may notify us at the telephone number or address listed in the section titled In case of Errors or Questions about Electronic Transfers. The EFT Act is applicable only to consumer accounts. Nonconsumer account holders are not entitled to the rights provided under the EFT Act. See Non- Consumer Accounts on First Line and the Electronic Transfer Act below for more information. Electronic Fund Transfers are deposits to, withdrawals from or transfers between your accounts which are not originated by check, draft or similar paper instrument. If your account(s) involves such transfers, you have certain rights under the law, which is described below. Please contact us at the telephone 8/2013 Page 2

3 number or address listed in the section titled In Case of Errors Or Questions About Electronic Transfers if you have any questions or problems. Types of Electronic Fund Transfers Available with First Line You may access your account(s) to transfer funds to other First Heritage Federal Credit Union account(s) either your own or another First Heritage member s (see Any Account Transfers), transfer to loan account(s) with us (including VISA). Such transfers can only be made if the funds are deposited into your First Heritage Federal Credit Union account, used to pay a First Heritage Federal Credit Union loan, or transferred to another account that has been authorized to receive a transfer from you. With First Line, you can also download account history files to be used as import files in Quicken or MS Money, change mailing address and address, change account titles, place a stop payment on paper drafts, and similar services related to your account. If you choose, you may enroll for our online Bill Pay Service and our estatement service within First Line. Any Account Transfers Any Account Transfers are transfers of funds that you initiate from your account to any other member of First Heritage FCU. Alternate Account Access The Alternate Account Access feature allows you to link and display certain First Heritage FCU accounts under one account. Accounts that are linked together will appear on your Account Summary page on First Line without regard to who else may have an ownership interest in each account. You must have an ownership role on the accounts you wish to aggregate and must complete an additional request form to use this service. Non-Consumer Accounts on First Line and the Electronic Transfer Act (EFT Act) In accordance with the Electronic Transfer Act, accounts such as Corporation, Trust, Partnerships, LLCs, etc. are considered non-consumer accounts. You acknowledge your responsibility for all funds transferred affecting your non-consumer accounts initiated using First Line. The credit union shall have no duty to verify the identity of the person or persons using your First Line account to transfer funds and transact on your non-consumer account other than the standard authentication security procedures provided for on First Line. You shall at all times indemnify, defend and hold the credit union harmless from and against all actions, proceedings, claims or loss, damage, costs and expenses which may be brought against the credit union or incurred by the credit union and which shall have arisen in connection with the instructions transmitted by the credit union s First Line system relating to your account. Limits on Withdrawals/Transfers For Share Savings Accounts and Money Market Accounts only: During any statement period, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction or through First Line. Please note that transfers completed in person at a Credit Union office, through an ATM, or by withdrawal check mailed directly to you are not counted toward the limit of six per month. Receipts and Statements 8/2013 Page 3

4 You will receive a confirmation screen with reference information after every transfer you make. You may save or print this information for your records. You will receive a monthly statement showing all electronic fund transfers. You will receive a monthly account statement from us for your Share Savings and Money Market accounts, unless there are no electronic transfers in a particular month. In any case, you will get a statement at least quarterly. Credit Union Liability for Failure to Make Transfers If we do not complete a transfer to or from your account(s) on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your account to make the transfer; If your funds are subject to legal process or other encumbrances restricting such transfer; If circumstances beyond our control (such as fire, flood or Acts of God) prevent the transfer, despite reasonable precautions we have taken Address and Telephone Number to Notify If Unauthorized Use of Your Account Occurs If you believe that someone has transferred or may transfer money from your account without your permission, call (607) or (800) or write us at First Heritage Federal Credit Union, 110 Village Square, Suite 101, Painted Post, New York, Your Liability for Unauthorized Transfers If you believe your First Line User name and Password has been lost or stolen it is your responsibility to inform us immediately. If you inform us within two business days your liability is limited to $50 if someone used your First Line User name and Password without your permission. IF YOU DO NOT inform us within two business days after you learn of the loss or theft or your User name and Password and we can prove we could have stopped someone from using your User name and Password without your permission if you had told us, your liability could be as high as $500. Also, if your statement shows transfers that you did not make, inform us at once. If you do not inform us within sixty days after the statement was mailed to you, you may not get back any money you lost after the sixty days if we can prove that we could have stopped someone from taking the money if you had told us in time. Exceptions to this policy will be considered on a case-by-case basis and no recovery of the funds is guaranteed. In Case of Errors or Questions about Electronic Transfers Telephone us at (607) or (800) or write us at First Heritage Federal Credit Union, 110 Village Square, Suite 101, Painted Post, New York, 14870, or us at 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. o Tell us your name and account number o 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. o 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. 8/2013 Page 4

5 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. Business Days Our business days are Monday through Friday. Holidays are not included. If the end of the calendar month falls on a Saturday or Sunday the Credit Union will frequently close its books for that month after the last business day but before the actual last day of the month. Transfers made using First Line after the books are closed will be treated for dividend calculation purposes as if they occurred on the first day of the next month and will be reported on the statement applicable to the next month; but they will be shown on that statement as having occurred on the actual calendar day you made the transaction. Loan payments made by using First Line after the books are closed will be treated for interest calculation and transaction reporting purposes as if they occurred on the actual calendar day you made the loan payment; but they will appear on the statement applicable to the next month. If having a record of the date on which you make a loan payment is important to you for income tax reporting purposes, you may want to make the payment on or before the close of the last business day of December to make sure it will appear on your year-end statement. Disclosure of Account Information to Third Parties Information about your account is confidential. Without your permission, we will not disclose such information to unaffiliated third parties except where necessary to complete a transfer, or to report or confirm the existence and condition of your account for a credit bureau or merchant, or in order to comply with government agency or court orders. Electronic Consent and Acceptance Agreement In order to enroll to use First Line, you must consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, and all other disclosures, notices and information related to products, services, or transactions available while using First Line, electronically. In the event a change to this Agreement, the terms and conditions of your First Line account, or the products, services or transactions available while using First Line requires prior notice to you, we may notify you by , at the public address you have provided, of the new or different terms and conditions, or we ll provide you with a link within such , or on or near the First Line login page where you may view the new or different terms and conditions on a website. Any such notice will be deemed received when made available to you at the address you have provided, or, if posted on the First Line login page, after you log in to your account. If you continue to use First Line after the effective date of such notice, your continued use of First Line constitutes acceptance of the changes and an agreement to be bound by these terms, as amended. If you do not agree to the changes, you agree to discontinue your use of First Line. 8/2013 Page 5

6 If you enroll for or purchase a new product or service using your First Line account, or if you make a change to a product or service you already have, or if you perform a transaction using First Line that requires a disclosure, the Credit Union may elect to provide the required disclosures, notices and information relating to that product, service or transaction, electronically. The Credit Union may provide the related disclosures notices and information by , by a link to a website within an , or by posting the disclosures, notices or information on a website which is made known to you. You must provide us with timely updates to your address. If you wish to update your address, you may do so after logging into your First Line account. The disclosures, notices and information referred to in this section of the Agreement include, but are not limited to, disclosures required by NCUA regulations, disclosures required by Federal Reserve Board regulations, disclosures required by the E-Sign Act, and by CFPB (Consumer Financial Protection Board. By selecting I Agree box you agree to receive all required disclosures, notices and other information described in this section of the Agreement, electronically. You may request a paper copy of any disclosure, notice, or other information sent to or made available to you electronically by telephoning us at (607) or (800) , or such number we may specify from time to time. You may withdraw your consent to receive such information electronically by contacting us by telephone at the number specified above, or such number we provide from time to time; however, by doing so you understand that you terminate your right to use First Line. Withdrawing your consent in this manner will not prevent you from re-enrolling for First Line. In order to use First Line and to view and retain a copy of the terms and conditions contained in this Agreement, you understand that you must have a computer equipped with at least: a browser with 128 bit encryption and either a printer or a disk drive or other electronic storage device. You can also obtain a printed copy of this Agreement by calling (607) or (800) If you wish to withdraw your consent to receive disclosures, notices and information related to your First Line account electronically, you may do so by terminating your First Line service. You must call us to terminate your First Line service. You will not be charged a fee to terminate your First Line service. By selecting the I Agree box, you (1) acknowledge that you have software and equipment that satisfies the above requirements: (2) consent to receive disclosures, notices and information about your account and First Line, including the Agreement and any subsequent amendments to it, electronically; and (3) consent to receive an electronic version of the Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment for First Line can only occur electronically, you understand that you will be unable to proceed if you do not select the I Agree box. 8/2013 Page 6

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