Digital Services Agreement
This Agreement governs your use of the digital financial services ("Digital Service(s)") made available by PrimeWay© Federal Credit Union at www.primewayfcu.com or through the PrimeWay Mobile App (the "Agreement"). Certain Digital Services' availability depends on your access device, and some Digital Services may not be available for use with all account types. Specific terms are defined within this Agreement or in the definitions section at the end of this Agreement.
This Agreement is revised periodically, and it may include changes from earlier versions. You agree to the most recent version of this Agreement by using Digital Services; a copy is always available to you online.
Privacy & Security
Protecting your privacy is important to us. All information gathered from you in connection with using Digital Services is strictly governed; details are available online or by calling (713) 799-6200 or (800) 554-5690.
We will disclose information to third parties about your account or the transfers you make when it is necessary to complete the transfers you initiate using Digital Services, to verify the existence and condition of your account for a third party (such as a credit bureau or merchant), to comply with government agency or court order, or if you give us written permission.
Prevent unauthorized access to your accounts by keeping your Log-in Credentials confidential and ensure that you log out of Digital Services when you are finished. If you choose to activate a biometric feature (such as Face ID), it is your responsibility to control access to Digital Services just as you would with your personal ID and password. You acknowledge that any person who has a biometric feature stored in your device may be able to access Digital Services on that device.
We will never ask you to share your Log-in Credentials, and you do not need to share your Log-in Credentials to send or receive money using Digital Services. If you give another person or business access to Digital Services by sharing your Log-in Credentials, you agree that each such third-party will be authorized to act on your behalf and will be bound by this Agreement (and any separate agreement governing your account). We are not responsible for managing the authority of your third-party relationships or the use of Digital Services by an authorized third party using your Log-in Credentials. Any activity performed using your Log-in Credentials, even if not specifically intended by you, will be presumed to be authorized by you. If you have shared your Log-in Credentials with a third party and wish to revoke such access, you must contact us to block access to Digital Services until new Log- in Credentials are established. Our Shared Access feature (described below) allows you to delegate limited access to your eligible accounts without sharing your Log-in Credentials.
- You believe that your password or other means to access Digital Services has been lost or stolen.
- You believe that someone may attempt to use Digital Services without your consent or has transferred money without your permission.
- If you believe that an unauthorized transaction has been made from your account, contacting us right away will help reduce possible losses.
Managing Your Contact Information
Your use of Digital Services may be limited if you do not maintain accurate contact information so we can verify your identity. Changes to your contact information may be made within Digital Services or by contacting us. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate account or contact information.
Receiving Text Messages and Other Communications
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receive communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each telephone number you provide to us now or in the future and permits such calls. Calls and messages may incur fees from your mobile services provider.
You represent that you are authorized to use the email address or mobile phone number that you use for Digital Services. You expressly consent to the receipt of emails or text messages from us, from Zelle® (or other Service Providers associated with Digital Services), from other users that are sending you money or requesting money from you, and from other participating network banks (or their agents) regarding Zelle or related transfers between participating network banks and you.
You acknowledge that any messages sent in connection with sending, receiving, or requesting money through Zelle (or other Service Providers associated with Digital Services) are initiated by you and that we, Zelle, and affiliated Service Providers only facilitate the delivery of such messages on your behalf. To the extent required, you are responsible for gaining consent from any person or entity to whom you intend to send messages and/or money using any of the Digital Services.
Message frequency depends on your account settings and how often you use the Digital Services that utilize such functionality. In the event your mobile device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of your device.
The text messaging features of Digital Services are available from all major wireless operators based in the United States of America (AT&T, Verizon Wireless, T Mobile®, Sprint, Metro PCS, and others). Text messages are dependent on and may be delayed (or not delivered) if your mobile device is not in range of a transmission site, placed in airplane mode, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless operator may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be punctually received, that your wireless operator does not guarantee that alerts will be delivered and that we, our Service Providers, and the wireless operators are not liable for delayed or undelivered messages.
If you use any location-based feature (such as Mobile Location Confirmation or our ATM locator), you agree that your geographic location and other personal information (such as your unique device identifier) may be accessed and disclosed through the application or service. You may turn off location-based features at any time through the settings of your mobile device. If you disable location-based services, other features that use your location may not work until you re-enable location-based services.
You will not be liable for unauthorized transactions or transfers involving your accounts if you report any unauthorized transactions within 60 days of when we first deliver a statement to you that discloses an unauthorized transaction. If you do not tell us within 60 days after the statement was sent to you, you may lose any amount transferred without your authorization after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may, at our sole discretion, extend the period.
We may process any instructions submitted using your Log-in Credentials, and such instructions are effective even if you did not transmit or authorize them. You agree to maintain appropriate accounting and auditing procedures to protect your Business and Brokerage Accounts from intentional or negligent misuse. You agree to promptly review all paper and electronic statements, notices, and transaction information we provide and to report all unauthorized transactions and errors immediately. You may not be liable for unauthorized transactions if you report them within 24 hours of the alleged unauthorized transaction posting.
Contact us at(713) 799-6200 or (800) 554-5690 as soon as possible if you think your statement or transaction history is incorrect or if you need more information about any transaction listed in your statement or transaction history. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. When reporting an error, please be ready to provide all the following:
- Your name and account number.
- A description of the error or the transaction in question. Please explain as clearly as possible why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you tell us verbally, we may require that you send your request in writing within 10 Business Days of your verbal notification. Investigations may take up to 45 days. In this case, we may provisionally credit your account within 10 Business Days for the amount until the investigation is complete, so you will have use of the money during the time it takes us to complete our investigation. If we ask you to submit your request in writing and do not receive it within 10 Business Days, we may not provisionally credit your account. If we decide there was no error, any provisional credit we provided will be revoked, and you will be responsible for refunding us the total amount of the provisional credit.
Shared Access allows you to provide a third party (called a "Shared Access User") with limited access to eligible account(s) without sharing your Log-in Credentials. You may add one or more Shared Access Users to each eligible account(s) and assign a role (defined below) to each Shared Access User. The Shared Access User will use separate Log-in Credentials to access the account you specify in accordance with the role you assign. Depending on the role assigned to the Shared Access User, some Digital Services described in this Agreement may be disabled or have reduced functionality.
You are solely responsible for managing the level of access you provide to a Shared Access User. We are not liable for any losses you or others may incur if your Shared Access User exceeds their authority or if you fail to revoke access granted to a Shared Access User. You agree to indemnify us and hold us harmless for any loss or damage you or others incur due to the actions of your Shared Access User.
Shared Access, and any roles assigned to a Shared Access User, is only applicable to Digital Services. Appointing a Shared Access User under this Agreement does not extend to telephone banking or banking at a branch.
Appointing a Shared Access User as described herein is separate from any other appointments or delegations you have made or will make in the future (i.e., agents under a power of attorney, a written designation of an agent, etc.). The authority of a Shared Access User is subject to the authority of any other appointed agent.
Shared Access User Roles
The authority of your Shared Access User is based on the assigned role. Any additional limitations placed on the Shared Access User, even if we have express written notice of those limitations, are exclusively between you and the Shared Access User.
The Shared Access User will have limited access to the assigned accounts and can view account information and select account documents. A Shared Access User with View Only access will not be able to conduct transactions on the assigned account(s).
In addition to viewing account information as described above, the Shared Access User will also have limited transactional authority on the assigned accounts to conduct internal transfers between your eligible deposit accounts, make internal payments to your eligible loans and lines of credit, and initiate external payments to the billers you have previously established using the bill pay service. You can review transactions initiated by the Shared Access User in the Transaction Log within the Manage Users dashboard.
- The View and Transactional role is only available for select account types.
- You may limit the transactional authority of your Shared Access User by:
- Establishing daily transaction limits for each account you assign to a Shared Access User.
- Limiting the type of transactions you allow your Shared Access User to conduct. For example, you may limit the transactional authority to internal transfers only.
- A Shared Access User with View and Transactional authority may not:
- Add a new biller using the bill pay service.
- Make Modifications to existing billers.
- Set up recurring payments.
- Future date a payment.
- Exceed any of the transaction limits that are established for the account.
- Cancel your electronically presented bills.
- If you revoke View and Transactional authority from a Shared Access User, any pending and scheduled transactions initiated by the Shared Access User will continue to process unless you cancel the transaction.
Any person who has authority to make changes to the eligible account may add a Shared Access User by enrolling in the Shared Access service and following the instructions on the "Manage Users" dashboard.
The Shared Access User(s) will have the option to accept or decline the Shared Access User assignment. Once a Shared Access User accepts an assignment and completes the Shared Access User enrollment, any assigned accounts will automatically appear on the Shared Access User's account summary screen in the Shared Access section.
You acknowledge that we have no duty or responsibility to monitor the acts of the Shared Access User or ensure that the actions of the Shared Access User are for your benefit or the benefit of the account. Any separate agreement, or required duty to act, is solely between you and the Shared Access User; we are not responsible for managing or enforcing any such agreement between you and the appointed Shared Access User.
Removing a shared access user: Any person who is enrolled in Shared Access that has authority to make changes to the eligible account may remove a Shared Access User.
We reserve the right to remove a Shared Access User from the account(s) at any time, and for any reason, without further notice to you.
The Shared Access User will receive an email notification of the Shared Access assignment (and any changes to the Shared Access User role). The Shared Access User is not exclusive to any account, or any person, meaning that a Shared Access User may have access to multiple accounts simultaneously. You are responsible for determining if the Shared Access User has access to other accounts. Any additional limitations you impose on the access and the use of your account information are strictly between you and the Shared Access User.
Statements and Notices
You have the right to receive paper statements and other account-related notices for any account that you access electronically. Still, specific discounts are applied for e-statements, and you are responsible for all related account fees should you choose to change. To change your statement preference, please contact us at (713) 799-6200 or (800) 554-5690. When you start receiving e-statements, you (and any joint owner) will begin to build a three-year electronic document history that will be available within Digital Services.
A joint account joint owner will be able to see statements from the time they become a joint owner and may also be able to gain access to information from before the time you added them to the account by searching account history or specific transactions.
Once you enroll in the electronic presentment of any document, you may no longer receive paper versions of the selected documents unless you specifically request them. Contact us to request a paper copy of any disclosure, notice, or other documents. You are responsible for downloading and saving your electronic documents for your purposes. You will no longer have digital access to the closed account or the associated electronic documents if you close an account. You can request a paper copy of any past statement by contacting us.
When you enroll in e-statements, you will be automatically registered in e-statements availability alerts. These alerts will be sent in accordance with your notification preferences. Please see the account alerts section for more information on managing your account alerts.
By enrolling any account in e-statements, you agree that the e-statements availability alert constitutes the date of delivery of such e-statement. The statute of limitations regarding claims related to any items disclosed in a particular e-statement begins on the date we notify you that an e-statement is available. Any failure to access, view, print, and/or save an e-statement will not impact the statute of limitations.
Account alerts are notifications and reminders related to your accounts. Some examples include low balance alerts, account statement availability alerts, transactional alerts (such as withdrawals over a specified amount), and bill payment alerts. You may choose which account alerts you would like to receive, the account(s) to which the alerts will relate, and the email address or mobile numbers to which the alerts will be sent. You agree to notify us of any change to your contact information to ensure continuous delivery of your account alerts. Message and data rates may apply, and the message frequency depends on the account settings you select.
Account alerts will be sent at various times on any day that transactions meeting your specified criteria occur. You understand and agree that account alerts may not be sent on a "real-time" basis and may be sent at the next scheduled delivery time after the specified transaction event occurs. We reserve the right to change the frequency or timing of account alerts.
Account alerts are for informational purposes only and are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).
You agree that you will not use Digital Services for any of the following payments or requests for payments:
- Requests for the payment or collection of an overdue or delinquent debt owed to you or request money owed to another person.
- Payments to persons or entities located outside of the United States and its territories.
- Payments that violate any law, statute, ordinance, or regulation (including, but not limited to, internet gambling).
- Using Zelle for payments to state or federal governmental entities (e.g., payments for fines or taxes).
- Using Zelle for court-ordered payments (including court-ordered amounts for alimony or child support).
We reserve the right but assume no obligation to terminate your ability to use Digital Services or limit your ability to transfer money to specific recipients if we deem such activity potentially unlawful, abusive, offensive, or unwelcome by the recipient. In no event shall we be liable for any claims or damages resulting from your use of Digital Services for prohibited payments.
Federal Regulation D limits certain types of withdrawals and transfers made from a savings or money market account to a combined total of six per account cycle. This includes withdrawals made by check or draft to third parties; debit or ATM card point-of-sale (POS) purchases; and pre-authorized withdrawals (such as automatic transfers for overdraft protection and transfers made by telephone, online, through a mobile device, bill pay, wire, and facsimile). Withdrawals and/or transfers exceeding the six-per-account-cycle allowance will result in an excessive withdrawal fee per transaction (refer to the Consumer Pricing Information and Business Pricing Information brochure for your deposit account).
It is your responsibility to ensure the accuracy of any information you enter. You will be responsible for any transaction processed on your Payment Instruction, even if you make an error. For example, you are still responsible for the payment if you mistype the account number, telephone number, or email address, incorrectly enter the dollar amount, or duplicate a transaction because you believe the initial transaction was not successful.
You are responsible for informing us as soon as possible if you become aware that any information you entered is inaccurate. Once notified, we will make a reasonable effort to recover a payment made to the wrong person or entity. Still, we do not guarantee such recovery and are not responsible for damages resulting from information that is entered erroneously.
When we receive payment instructions from you, you authorize us to debit your account and remit funds on your behalf. You also authorize us to credit your account for the receipt of payments, including but not limited to those payments returned to us from recipients to whom you sent payment(s) or canceled and returned to you because the processing of the payment transaction could not be completed. If there are insufficient funds in the payment account to make payments you have authorized, we may refuse to make the payment, or we may make the payment and thereby overdraw the payment account. In either case, you are responsible for any insufficient funds or overdraft charges we may impose. We reserve the right to refuse to honor payment instructions that reasonably appear to be fraudulent, erroneous, or in violation of this Agreement.
We reserve the right to select the method in which to complete your payment instructions. These payment methods may include a payment using the ACH network, an electronic payment, an electronic to check payment, or a paper check issued on your behalf
Limits on Liability
Mobile check deposit: You indemnify and hold our Service Providers and us harmless from and against any and all claims, demands, damages, losses, liabilities, penalties, and expenses (including, without limitation, reasonable attorney fees and court costs) arising directly or indirectly due to any of the following:
- Your failure to follow the check eligibility or endorsement standards outlined in this Agreement.
- Your breach of any check presentment representation or warranty.
- Any of your acts or omissions in the capture, creation, or transmission of the Electronic Deposit.
- Any duplicate, fraudulent, or unauthorized presentment of an Electronic Deposit.
- Loss caused by our acceptance of the Electronic Deposit in lieu of the original paper check.
We will not be liable for any of the following in our money transfer services:
- If you do not have adequate funds in your account to complete a transfer from that account, or if that account has been closed, or if withdrawals from your account have been prohibited by a court order such as a garnishment or other legal process.
- If you have not correctly entered a payment instruction in accordance with this Agreement, if your computer fails or malfunctions, or if Digital Services was not working properly and this problem should have been apparent to you when you attempted to initiate a payment instruction.
- If you do not initiate your payment instruction soon enough for your payment to be made and properly credited by the Payee by the time it is due, or if we make a timely bill payment, but the Payee does not credit your payment promptly after receipt.
- If circumstances beyond our control prevent or delay the execution of your Payment Instruction. Such circumstances include, but are not limited to, delays or losses of payments caused by telecommunications outages, postal strikes, mail carrier delays, actions of third parties (such as Payees), equipment failures, and natural disasters.
- On Consumer Accounts for any indirect, incidental, or consequential damages if our failure was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such errors. We have no liability for indirect, incidental, or consequential damages associated with Business Accounts, even if we have been advised of the possibility of such damages.
Canceling a Payment
You may cancel or edit your payment instructions (including automatic recurring payments) through Digital Services or by contacting us. Our ability to cancel a payment will depend on how the payment was initiated and whether the payment has begun processing. For example, you may cancel scheduled payments, but once a payment has been processed, it cannot be canceled, edited, or stopped. Because of the immediacy factor, no payment made through Zelle can be canceled or edited once made.
Stop Payment Requests
Each stop payment request will incur the current charge for such service as detailed in the Truth in Savings Fee Schedule. Our ability to process a stop payment request will depend on the payment method and whether the final payment has been made.
Electronic payments (including Zelle): You cannot stop payment if your payment is made electronically and has already started processing. (If the payment has not yet begun processing, you may be able to cancel the payment by logging in to your account or by contacting us.)
Paper payments: If the payment is made by a paper check issued on your behalf, and the paper check is still outstanding, it may be possible to stop payment of this item by logging into your account to cancel or contacting us to initiate a stop payment request.
If the payment is made by a paper check issued on your behalf, and we have already paid the check, then it is impossible to stop payment of the item.
Pre-authorized payments: To stop a pre-authorized recurring payment or transfer, either edit your Payment Instructions within Digital Services, or contact us. You must contact us at least three Business Days before the payment is scheduled to occur.
Mobile Check Deposit
Mobile check deposit is a service that allows you to remotely deposit paper checks into an eligible Consumer or Business Account. We will process and collect your Electronic Deposit through the check collection system just as we would a paper check.
You may only deposit items made payable to you individually or to you alternatively with another person or persons (John Doe or Jane Doe); jointly payable items (John Doe and Jane Doe) may not be deposited using mobile check deposit unless both parties have endorsed the item. We reserve the right to reject any deposit for any reason.
The following items are specifically not eligible for mobile check deposit:
- Checks, including traveler's checks, that are drawn on banks located outside of the United States
- Checks payable in a medium other than U.S. dollars
- Non-cash items
- Promissory notes and similar obligations, such as savings bonds
- Third-party checks
- Pre-existing substitute checks
- Checks that have been previously returned as unpaid or uncollected
- Checks drawn on your account
- Checks more than 90 days old
- Checks that contain erasures or checks that have been altered
If you believe you may have deposited a check more than once, please contact us immediately.
Endorse the check: The check must be endorsed by all the payees of the check (except alternate payees) and deposited into one of the payees' accounts and contain the phrase "Mobile Deposit at PrimeWay."
Enter the check amount carefully, as you are responsible for any errors you make in the mobile deposit process.
Mobile check deposit will use the camera on your mobile device to take a picture of the front and back of your check.
Confirmation and receipt: Within minutes of submitting an Electronic Deposit, you will receive an email message from us confirming that we have received the Electronic Deposit. After confirming receipt of your deposit, you will receive a second message from us indicating whether your deposit has been rejected or accepted for processing. If you receive error messages indicating that the Electronic Deposit has been rejected, then the check must be physically deposited at your local bank branch or ATM.
Performance of mobile check deposits may be affected by external factors such as communication network latency. An Electronic Deposit is not considered "received" by us unless we send you a message confirming that we received it.
You are limited in the amount that you may deposit at any given time using mobile check deposit. The following deposit limits apply to each account:
- Per-item limit: Limits the value of each item you deposit and applies to each separate item you deposit.
- Daily limit: Limits the total combined value of all items deposited in a single Business Day. Deposits made after the daily cutoff time or on a non-Business Day (as explained in the Funds Availability of the Member Agreement) will apply to the daily limit of the next Business Day.
- Monthly limit: Limits the total combined value of all items deposited in a single month. For the purposes of deposit limits, a "month" is defined as the current Business Day plus the 29 previous Business Days.
The deposit limits vary depending on many factors, including your deposit history and the length of your relationship with us. Deposit limits are subject to change as we continually evaluate these factors.
We are not liable for transactions you initiate before the funds are available for your use. Until you receive confirmation that the funds are made available, you may not withdraw the funds in cash, and we may not use the funds to pay items that you have written or honor other withdrawals you request. If we pay items that you have written or honor other withdrawals before funds are available to you, we may charge a fee for this. Current fees can be found in the Truth in Savings Fee Schedule.
Mobile check deposit is available 24/7/365, but the availability of the accepted deposit is subject to the following processing cutoff times:
- Deposits submitted and accepted before 2 p.m. Central Time on a Business Day: Generally, the first $200 of your total daily deposits will be available immediately, and the balance of your total daily deposits will be available when check hold is released.
- Deposits submitted and accepted after 2 p.m. Central Time on a Business Day (or items deposited on a non- Business Day): These deposits will not be processed until the next Business Day, which will be considered the recorded day of your deposit. Generally, we will make the first $200 of your total daily deposits available on the recorded day of deposit, with the balance of your total daily deposits available when any applied check hold period has expired.
In certain circumstances, and at our discretion, the deposit may be delayed for a more extended period under the following circumstances:
- We believe a check you deposit with us will not be paid by the issuer.
- You deposit checks totaling more than $2,500 on any one day or otherwise exceed your deposit limit.
- There is an emergency, such as a natural disaster, failure of computer or communications equipment.
You are responsible for the items you deposit that are returned to us unpaid and for any other problems involving your deposit even after the item has "cleared," we have made funds available to you, and you have withdrawn the funds.
We make every reasonable effort to ensure that mobile check deposit is available. Still, we are not liable for system failures or temporary service disruptions that cause mobile check deposits to be unavailable. If mobile check deposit is unavailable, you are responsible for carrying out your business through alternative channels.
If a check is returned to us for any reason, you agree that we may charge your account for any and all fees associated with the returned item.
Marking, Retaining, and Destroying Original Paper Checks
To mitigate the risk of fraud or the presentment of duplicate items, you agree to mark on the original paper check that the item has been deposited electronically.
Retention and destruction: Retain all checks for at least 30 Business Days after the deposit is made in case a check is returned, and you need to re-deposit the original item. You agree to destroy all deposited checks as soon as reasonably possible after that.
Re-presentment: If we determine that we require the original paper check to process your deposit, you are responsible for providing the original paper check, or if the original paper check has been destroyed, for obtaining a replacement check.
Transfer Money Between Accounts
You may transfer funds between the eligible accounts you hold with us ("Internal Transfer") or between the eligible accounts you hold with us and an External Account ("External Transfer"). In most cases, you may transfer funds from accounts in the U.S. which you have an unrestricted right to withdraw funds. We reserve the right to limit the frequency and dollar amount of any transfers.
External Account Authority
You represent and warrant that you have full transactional authority (i.e., the ability to initiate credits, debits, and withdrawals) on the designated External Account and that the External Account has no restrictions limiting such authority (i.e., a fiduciary account where you are the agent or trustee, an account blocked by court order, an account that is subject of a garnishment order, etc.) You agree to indemnify and hold our Service Providers and us harmless (including the payment of reasonable attorney's fees) from any and all liability to third parties related to the stated authority of your External Account or any actions taken by us pursuant to your External Transfer instructions.
Send Money with Zelle
We have partnered with the Zelle® Network ("Zelle"), a convenient way to send, receive and request money by using an email address or a mobile phone number.
Zelle is intended to help you send money to friends, family, and other people you know and trust. Do not use Zelle to send money to anyone you do not know or trust. You agree that neither we nor Zelle are responsible for resolving any dispute you have with another person/business you have sent money to or receive/requested money from using Zelle.
To send or receive money with Zelle, you must enroll with Zelle by linking a Payment Account to an email address and/or a mobile number. You may link more than one email address and/or mobile number to the same Payment Account, but you cannot link the same email address and/or mobile number to multiple Payment Accounts.
The email address and/or mobile number you provide must be one that you regularly use and intend to use for an extended period of time. You may not enroll in Zelle with a landline, Google Voice, or a Voice over Internet Protocol number.
You agree to immediately notify us if you change or surrender any of your enrolled email addresses or mobile phone numbers.
We debit funds from your account when you initiate a transfer of funds to another person. You agree to maintain sufficient funds in your account to cover any payments you initiate through Zelle. Any line of credit linked to your account as overdraft protection is not included as part of your sufficient funds.
Third-party Account Aggregation Services
You expressly understand and agree that your use of account aggregation services and all information, products, and other content (including that of third parties) included in or accessible from our account aggregation services is at your sole risk. Our account aggregation services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the service and all information, products, and other content (including that of third parties) included in or accessible from our account aggregation services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that (I) our account aggregation services will meet your requirements, (II) the account aggregation services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of our account aggregation services will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through account aggregation services will meet your expectations, or (v) any errors in the technology will be corrected.
You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from your use of any account aggregation service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property.
Some third parties may limit (or block) account aggregation services. You are responsible for understanding whether such limitations exist and how these limitations may impact your ability to link accounts held with these third parties. We are not liable for errors that may result from limitations imposed by third parties.
Some external companies offer account aggregation services that allow you to access financial account information from a variety of sources so that you can view your various accounts at a single online location. These services may require you to provide personal identification information, including specific account information and your Log-in Credentials. By providing your Log-in Credentials to such a service, you authorize that service to access your account, including the ability to initiate transfers to or from your account. Please use caution when providing personal information and Log-in Credentials to third-party service providers. Read and understand the third party's privacy and security policies before sharing personal information with the service.
Any use of a third-party site is at your own risk. If you elect to provide your Log-in Credentials or other information about your accounts to a third party, you are responsible for the use of your account or the disclosure of any personal data by the third party. Please see the section "privacy & security" in this Agreement for more information safeguarding your Log-in Credentials. Should you decide to revoke any access you have given to a third party, you must contact us, in which case we may need to block your access to Digital Services until we issue new Log-in Credentials.
Tools, Calculators, Credit Score, and Personal Financial Management Software
Our Digital Services may contain financial tools or insights based on your account activity, which are provided for educational purposes only. We do not guarantee the accuracy of the tools or information provided. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use or reliance on the information provided by any of the tools or insights.
You may download certain transactional data for use with other software tools and products created by parties that we do not own or control, including personal financial management software. If you install or use such software, you are responsible for obtaining any applicable license agreements. You assume all risks of any software that you install, download, or use. You understand that any information you enter into third-party software may be accessed by unauthorized third parties. If you use third-party software to transmit data, you and the third-party provider are responsible for the security and confidentiality of that information.
Help and Assistance
In addition to our online FAQs, tips, and "Answer" resources, the CoBrowse and ScreenShare services allow you to authorize us to view your screen along with you to provide assistance or troubleshoot issues you may be experiencing on your device.
CoBrowse enables us to view your active mobile app session in a limited capacity to provide you with live on-screen assistance while interacting with Mobile App. We will only be able to CoBrowse with you on the Mobile App and not other applications viewed on your device.
You may end your session at any time by clicking "End Session" or by closing your web browser / the Mobile App.
You are responsible for any and all other fees and charges that may be assessed by your wireless operator, internet service provider, or any other third-party provider you may engage.
This Agreement is in addition to other agreements and disclosures that apply to your account(s). For example, when you access your deposit account using Digital Services, the terms and conditions of your deposit account continue to apply; for Zelle, the Zelle Network agreement applies, and other service party agreements and presented.
You are responsible for and must provide all mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access Digital Services. You may need additional software capable of opening PDF files (such as Adobe Acrobat) to view, print, and/or save electronic versions of your documents.
Accessing Digital Services from Outside the United States
Digital Services may not be available in all countries, and you understand that the described products and services are intended for customers located in the United States and U.S. Territories. You also understand that we are based in the United States and that all information and transactions available within Digital Services are reflected as U.S. currency.
We do not make any representation that Digital Services are appropriate or available for use outside the United States. If you choose to access Digital Services from locations outside the United States or U.S. Territories, you do so at your own risk, and you are responsible for compliance with local laws.
Without limitation, you agree that you will not use Digital Services in any embargoed or sanctioned country.
No Illegal Use
You agree not to use Digital Services to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with Digital Services.
We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By accessing your account and continuing to engage in Digital Services, you agree to the most recent version of this Agreement.
Delay or Suspension of Service
We reserve the right to refuse to process any transaction you initiate, and we may suspend your access to Digital Services at any time, for any reason, and without notice. Reasons we may suspend or terminate your use of Digital Services include: you close your account, suspicious account activity, or suspected abuse of terms outlined in this Agreement. Until your account is reinstated for Digital Services, you will not be able to send and/or receive payments using any of the Digital Services. If we terminate or suspend your use of Digital Services, we reserve the right to make no further payments from your accounts, including any transactions you have previously authorized.
If you cancel your access to Digital Services, you authorize us to continue to honor the Payment Instructions you have previously authorized until we have had a reasonable opportunity to act upon your cancellation notice. Once we have acted upon your cancellation notice, we will make no further payments from your accounts, including any payments you have previously authorized.
Without limiting any other provision of this Agreement, if we or any other Service Provider reasonably believes that your conduct in using Digital Services constitutes a "Threatening Condition" (including but not limited to, violation of this Agreement, violation of any applicable laws, rules, regulations, or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider, we or any such Service Provider may provide you with a notice to cease the Threatening Condition. If in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry, or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of Digital Services without notice.
Term and Termination
We reserve the right to add or eliminate Digital Services. We may terminate all or part of this Agreement and your use of any or all Digital Services for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Digital Services upon our request.
You may voluntarily terminate your access to Digital Services and withdraw your consent to this Agreement by contacting us. If you terminate your access and/or withdraw your consent to this Agreement, you will no longer have access to any of the Digital Services.
All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.
Neither we, nor Service Providers, represent or warrant the accuracy, adequacy, completeness, or timeliness of Digital Services or the error-free use of Digital Services. All Digital Services are provided "as is" and "as available," without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from a computer virus.
In the event of a system failure or interruption, your data may be lost or destroyed. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.
Except for the protections offered under Regulation E, in no event will we or any Service Providers be liable under any contract, tort, negligence, strict liability or other claims for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from (1) the use or the inability to use any Digital Service; (2) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through any Digital Service, or (4) any other failure, action, or omission.
You agree to indemnify, defend, and hold us and our Service Providers harmless from any and all third-party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from (1) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through any Digital Service; (2) any fraud, manipulation or other breaches of this Agreement by you; (3) any third-party claim, action or allegations brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (4) your violation of any law or rights of a third party; or (5) use of any Digital Service or use of your account by any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.
We will not be deemed to have waived any of our rights or remedies concerning this Agreement unless our waiver is in writing and signed by our authorized officer. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
You may not assign your obligations under this Agreement to any other party, and we will not honor any such assignment. We may assign this Agreement, and you agree that we have the right to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement and that the Service Providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
The following definitions apply in this Agreement:
The words "we," "our," and "us" mean PrimeWay Federal Credit Union, respective affiliates, and employees.
The words "you" and "your" mean each account owner and anyone else with access to the account to perform the transactions or receive the services covered by this Agreement. If there is more than one owner, these words mean each account owner separately and all account owners jointly.
"Business Account" means any account established for purposes other than personal, family, or household use. For example, an account established by a sole proprietor, a corporation, a partnership, a limited liability company, or any other business entity.
"Business Days" include Monday through Friday. The Federal Reserve Bank holidays are not Business Days.
"Consumer" means a natural person and does not include a corporation, limited liability company, or other entity.
"Consumer Account" means any means a demand deposit (checking), savings, or other consumer asset account (including Private Banking accounts) established primarily for personal, family, or household purposes.
"Check Image" means an electronic image of an original paper draft (check), payable on demand to you, and drawn on (or payable through) an office of a United States bank.
"Electronic Deposit" means the package of information (including the Check Image, dollar amount information, deposit account information, etc.) that is transmitted to us, allowing for the deposit, processing, and collection of the item.
"External Account" means a Consumer or Business deposit account (i.e., checking or savings) held at a domestic (United States) financial institution other than PrimeWay.
"Log-in Credentials" means your personal ID, password, and any other unique biometric attribute (such as facial recognition or fingerprint) used to access Digital Services.
"Payment Account" means an account from which the payments you initiate will be debited or to which payments and credits to you will be credited. Not all accounts are eligible to be designated as a Payment Account; eligible accounts will be displayed within the user interface.
"Payment Instruction" means the information provided by you for a payment to be initiated to a Recipient or Payee (such as the amount of the payment, the date of the payment, the recipient's or biller's name, address, mobile telephone number, email address, or bank account and routing number).
"Payment Schedule" means the pre-authorized payments that you schedule to occur on a specific date or a recurring set of dates.
"Recipient" or "Payee" means a person or business entity that receives a payment through Digital Services.
"Sender" means a person or business entity that sends a payment through Digital Services.
"Service Providers" means any processor or other third party that we have engaged to provide remittance capabilities, equipment, or other services in connection with Digital Services.
You may contact us through Digital Services support, at a branch, or by contacting us as described below. Keep in mind that we may not immediately receive the electronic messages you send. We will not take action based on your electronic message until we receive it and have a reasonable time to act. If you need immediate assistance or you would like to report an unauthorized transaction, please call us at (713) 799-6200 or (800) 554-5690.