Bill Payment Terms & Conditions

Our Online Bill Pay service allows you to make convenient, timely payments without writing checks or paying for postage. However, it's important to understand the details of how this digital service works. You should carefully read the following terms and conditions before using Bill Pay. You may not access or use the services without first acknowledging your acceptance of these terms.

Acceptance of Terms and Conditions

When you enroll in this Service on our Website or use our Services, your action constitutes your acceptance of, agreement with, written signature to, approval of, and intent to be bound by these Credit Union ONE Bill Pay Terms and Conditions described herein, in addition to any applicable account, member and/or loan agreement accepted by you when using Credit Union ONE’s products or services. Credit Union ONE is referred to herein as “we” or “us” or “our” or “Credit Union” and our Members who access and use the Services as described herein are referred to as “you” or “your” regardless of number or gender.

Definitions 

Capitalized terms throughout this Agreement shall have the meanings defined as follows:

• "ACH Debit" means a charge to your checking account that we perform using the Automated Clearing House system.
• "Agreement" means these Terms and Conditions.
• "Biller" means a provider of a billing statement that you have requested to receive electronically through the Services.
• "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
• "Direct Check" means a check that we draw against your checking account, payable to your Payee, and signed by us on your behalf.
• "Due Date" is the date on which the payment is due, as reflected on your Payee statement. It is not the late date or grace period date.
• "Payee" is the person or entity to which you wish a bill payment to be directed.
• "Payment Instruction" is the information provided by you to the Services for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
• "Payment Account" is the Credit Union account with check writing privileges that you designate as the account to which your bill payments should be charged.
• "Processing Period" means the amount of time we require to process a particular payment for you. The Processing Period will be one (1) to four (4) business days from the scheduled payment date.
• "Provider" means Credit Union ONE or any third party we use to provide the Services for you. References to “we”, “us”, “our” and “Credit Union” also include the Provider.
• "Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
• "Scheduled Payment" is a payment that has been scheduled through the Services but has not begun processing.
• "Services" means the bill payment services described in this Agreement, which are made available by the Credit Union and provided by one of the following companies:

1. If you reside in Michigan, have a mailing address in Michigan, have a principal place of business in Michigan, or are otherwise located in Michigan (an "Michigan Customer"), the Services will be provided by Credit Union ONE; or
2. If you are not an Michigan Customer, the Services will be provided by Credit Union ONE.

• "Website" means www.cuone.org.

In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid deposit account with the Credit Union , and (iv) you must be a United States resident. Other restrictions may apply.

Scheduling Payments 

You must select the Scheduled Payment Date for any payment, or specify a payment rule in the system that automatically selects this date for you. The system will inform you of the Processing Period required for the payment and will prevent you from selecting a Scheduled Payment Date if we will not have enough time to complete the Processing Period for that payment prior to that Scheduled Payment Date. To avoid additional interest and charges, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. If you select a Scheduled Payment Date that occurs after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. There are maximum dollar limits for single payments or transfers and cumulative payments and transfers. The maximum dollar amount for any single payment or transfer is $9,999.99, except for Basic Checking which has a lower amount. The maximum dollar amount for cumulative payments or transfers in a single day is $20,000, except for Basic Checking which has a lower amount. The Basic Checking account maximum dollar amount for any single payment or transfer is $2,500 and the Basic Checking account maximum dollar amount for cumulative payments or transfers in a single day is $5,000. We may also refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons, or in our reasonable discretion.

Services Guarantee

Due to circumstances beyond the control of the Credit Union, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Credit Union will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, and we have issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed below. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.
We may set an expiration date for any payment check we issue from our own account. If we do this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will then notify you and issue a credit to your Payment Account for the amount of the check.
We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

1. Your Payment Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
2. Your Payment Account is closed.
3. The payee rejects or returns the payment for any reason.
4. Your equipment, software or any communications link is not working properly.
5. The Services are down and you know or we have told you about the problem before you send the payment.
6. You have provided us with incorrect information about the payee you wish to pay, scheduled the payment incorrectly or incorrectly scheduled the number of days before the Due Date.
7. The payee mishandles or delays handling or posting any payment we send.
8. Circumstances beyond our control (for example, fire, flood, interference from an outside source, wars, acts of enemies, strikes, lack of available resources from persons other than the parties to this Agreement, labor disputes, electrical equipment or availability failure, Acts of God, federal, state or municipal action, statute, ordinance or regulation postal or overnight carrier delays) prevent or delay the transfer or payment from being completed.
9. Your breach of this Agreement.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account, or if we cause funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
If we duplicate a payment or process a payment for an amount higher than you requested, we will use our reasonable best efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Payment Account, we will return the amount of the overpayment to you. However, in certain situations, we may have funded the overpayment from our own account. In that case, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. You are responsible to reimburse us for any funds we have paid to a Payee on your behalf. Pursuant to our agreement with the Provider, the Provider has the right to seek reimbursement from you for these funds.

Disclosure of Information to Third Parties

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

1. it is necessary to complete a transaction;
2. it is necessary to verify the existence and condition of your deposit account;
3. it is necessary to comply with a governmental agency or court order;
4. you give us your written permission;
5. you ask us to assist with posting of a payment at a payee;
6. it is necessary for activating additional services; or
7. it is within the guidelines set forth by our privacy policy located at www.cuone.org

Usage Limitations, Obligations and Availability 

You agree that you will not provide access to the Services to any party other than yourself and other joint owners of your account, and you will take reasonable precautions to safeguard your member number and online password and keep it confidential. You agree to use the Services only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Services. You must maintain the confidentiality of your assigned user name and password for the Services and you are responsible for all charges incurred under your user name, member number and online password, as above, unless otherwise provided under these terms. The availability of the Services may be subject to interruption and delay due to causes beyond our reasonable control and scheduled maintenance.

Changes to the Services and this Agreement 

We reserve the right to change the Services and this Agreement, including fees, in our sole discretion and from time to time. In such event, the Credit Union shall provide notice to you. If you do not agree to any amendments after receiving a notice of the change to the Services, you may stop using the Services and terminate this Agreement as described below. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). Further, the Credit Union may, from time to time revise or update the applications, services, and/or related material. Such actions may render all such prior versions obsolete. Consequently, the Credit Union reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and or related material and limit access to only the Credit Union’s most recent revisions and updates.

Method of Payment 

We will make payments for you either electronically, or using a Direct Check drawn on your account.

Authority to Charge Your Account 

You authorize us to charge any of your deposit accounts in order to fund payments that you initiate using the Services. Such charge may take the form of a Direct Check, an ACH Debit, or other form of electronic transfer, in our sole discretion. You will designate a Payment Account and you agree to maintain a balance in that account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Payment Account for payments you initiate using the Services and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Payment Account that is sufficient to fund all payments you initiate. You further agree that we may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us. You agree that if there are insufficient funds in your account, we may (but we are not obligated to) advance the funds to make payment to the Payee. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf. You agree to promptly notify us in writing of any changes to your Payment Account information and authorize us to debit such account. Pursuant to our agreement with the Provider, the Provider has the right to seek reimbursement from you for these funds.

Pay Cancellation Requests 

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Services. There is no charge for canceling or editing a Scheduled Payment. Once the Services have begun processing a payment it cannot be cancelled or edited.

Stop Payments 

You may be able to stop payment of any scheduled recurring payment by notifying us orally or in writing at least three business days before the Scheduled Payment Date. However, we will continue to charge your Payment Account for that payment and for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Services, whichever occurs sooner. If our ACH charge to your Payment Account is rejected or returned to us because you have instructed us to stop the recurring payment, we will charge you the NSF Fee. We may require you to give written confirmation of the stop payment within 14 days of an oral notice. Pursuant to our agreement with the Provider, the Provider has the right to seek reimbursement from you for these funds.

Prohibited Payments 

Payments to Payees outside of the United States or its territories are prohibited through the Services. Payments to unlawful internet gambling sites are also prohibited and may be blocked by the Credit Union.

Restricted Payments 

Tax payments and court ordered payments may be scheduled through the Credit Union, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Credit Union be liable for any claims or damages resulting from your scheduling of these types of payments. The Services Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Credit Union. The Credit Union has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, erroneously posted or misdirected payments will be the sole responsibility of you and not of the Services.

Bill Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. If you elect to activate one of the Services' electronic bill options, you also agree to the following: You authorize us to contact Billers on your behalf and to receive your billing statements and billing data, including the right to periodically access third party biller Web sites designated by you ("Biller Sites"), on your behalf, to retrieve your electronic billing data ("eBill"). You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Services for you. You agree that we may use and store this information on our servers. You are responsible for all charges associated with our use of any Biller Site on your behalf and you agree to comply with the terms of use for the Biller Site.
The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of the Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller.
The electronic Biller has the right to cancel the presentment of its electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of the Biller. The Services will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Services will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Payment Addresses

We reserve the right to change the address of a Payee to whom we send Paper Payments, without notification, in the following situations:

1. The information returned by our address cleansing process determines the format of the address does not comply with the USPS standards.
2. We have determined that the address provided is not a valid address for the biller.
3. The biller has closed the address, and provided us (via the USPS) with the new address.
4. We have established a relationship with the biller to send payments to a different address than the one provided on the statement.

In all cases, we attempt to act in a way to expedite the proper posting of your payment.

Procedures if Your Member Number or Online Password Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your Member Number or Online Password

If you believe that your member number or online password has been lost or stolen, or that someone is using your member number or online password without your permission, notify us IMMEDIATELY in order to keep your possible losses down. The following is our contact information:
Telephone Number: 800-451-4292
Mailing Address: 400 East Nine Mile Road, Ferndale, Michigan 48220.
If your bank account statement shows payments through the Services that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (90) days after the statement was mailed to you, you may not get back any of the electronic funds transfers from your account after the close of this ninety (90) day period and before you notify us if we can prove that we could have prevented the unauthorized electronic funds transfers had you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.
An "unauthorized electronic funds transfer" is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your member number or online password to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized.

In Case of Errors or Questions about a Payment 

ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH THE SERVICES OR WITH YOUR MEMBER NUMBER OR ONLINE PASSWORD MUST BE DIRECTED TO US. We are responsible for the Services and for resolving any errors in payments made through the Services or with your member number or online password.
Your payment transactions will appear on the statement issued by us.. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM US. If you have any questions about one of these transactions, call or write us at the telephone number indicated below.
Contact us as soon as possible at 800-451-4292 if you think that a payment shown on the statement for your Payment Account is in error or if you need more information about a payment shown on your statement.

Procedures for Investigating and Resolving Errors Involving Electronic Funds Transfers 

If you think your statement, whether issued in paper or provided electronically, is incorrect or you need more information about a Services transaction listed on the statement, we must hear from you no later than ninety (90) days after you received the FIRST statement reflecting a problem or error involving an electronic funds transfer. To contact us about errors or questions or transactions:

1. Telephone us at 800-451-4292
2. Write us at: 400 East Nine Mile Road, Ferndale, Michigan 48220
3. Member Service: Member Communications Center

When you write or call us, you must:

1. Tell us your name and the account number we issued to you at the time you enrolled for the Services.
2. Describe the payment and/or transfer you are unsure about (Payee name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction (confirmation numbers are displayed on the Payment Details page, which can be accessed from either the Outbox or Payment Activity pages on the website).
3. Tell us the dollar amount of the suspected error.

If you tell us orally, or by electronic mail through the Services, we may require that you send your complaint in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we receive your complaint and will correct any service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will recredit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not recredit your account.

We will tell you the results within three (3) Business Days of completing our investigation. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within ten (10) Business Days of the date of such explanation, we will debit your account of the amount previously re-credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.

Fees and Additional Charges 

We may charge a fee for the basic Services and any additional Services that you use as well as require you to reimburse us for charges we incur through your use of the Services. You agree to pay fees and charges for the Services as described in the Personal Fee Guide section of our website located at www.cuone.org/about/disclosures.aspx. Fees and charges for your use of the Services will be calculated and deducted automatically from your Payment Account either by ACH Debit or by Direct Check on a monthly basis.

Consent to Electronic Communications 

We are an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means either through the Software or by e-mail as described below:

1. This Agreement and any amendments, modifications or supplements to it.
2. Your records of any payment and other transactions through us, including without limitation payment histories and confirmations of individual transactions.
3. Any disclosures or notices provided in connection with the Services, including without limitation those required by federal or state law (including without limitation initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
4. Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Services.
5. Any other communication related to the Services.

All electronic Communications will be deemed to have been received by you no later than five (5) business days after we or the Credit Union sends it to you by e-mail whether or not you have received the e-mail. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our or the Credit Union's e-mail server to the appropriate e-mail address. You agree that these are reasonable procedures for sending and receiving electronic Communications.

You agree to promptly update your account records with us if your e-mail address or other information changes. You may update your account records, such as your e-mail address, as described in the Changes to Your Information section of this Agreement.
Although we and the Credit Union reserve the right to provide Communications in paper format at any time, you agree that they are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided in electronic form, you must close your account as described in the Term and Termination section of this Agreement and stop using the Services. There are no fees to close your account with us.
In order to access and retain Communications, you must have:

1. An Internet browser that supports 128-bit encryption, such as the latest version of Internet Explorer, Apple Safari, Google Chrome, or Firefox.
2. An e-mail account with an Internet Service Provider and any software required to send and receive emails.
3. A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
4. Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
5. A printer that is capable of printing from your browser and e-mail software.

Failed or Returned Transactions

In using the Services, you are requesting the Credit Union to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Credit Union. In such case, you agree that:

1. You will reimburse the Credit Union immediately upon demand the transaction amount that has been returned to the Services;
2. For any amount not reimbursed to the Credit Union within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Credit Union for any fees imposed on us as a result of the return;
4. You will reimburse the Credit Union for any fees they incur in attempting to collect the amount of the return from you; and
5. The Credit Union is authorized to report the facts concerning the return to any credit reporting agency.

Pursuant to our agreement with the Provider, the Provider has the right to seek reimbursement from you for the above funds.

Our Right to Refuse to Make Payments 

We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Payment Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other Payment.

Changes to Your Information

You agree to promptly update all your profile information through our Online Banking, including, but not limited to, physical address, email address, and phone number. We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Services are not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Payment Account or contact information.

Term and Termination

If you would like to cancel the Services, please contact customer service at 800-451-4292. We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you.
Any payment(s) the Services have already processed before the requested termination date will be completed by the Services. All Scheduled Payments including recurring payments will not be processed once the Services are cancelled. The Services may terminate or suspend Services to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Returned Payments

In using the Services, you understand that Payees and/or the United States Postal Service may return payments to the Credit Union for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Credit Union will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account.

Disclaimer of Warranty 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER THE CREDIT UNION KNOWS OR HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE).

Limitation of Liability 

IN NO EVENT WILL WE OR OUR PROVIDERS BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE)FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN ANY EVENT, OUR TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

Indemnity 

You agree to defend, indemnify and hold us and our Providers harmless, and pay any settlements or final judgments awarded against us or our Providers, from and against any third party claims, including any damages, costs, expenses (including experts fees) and attorneys' fees arising out of your use of the Services, including but not limited to claims arising from: (i) your failure to supply the required identification information and documents, (ii) transactions effected with lost, stolen, counterfeit or misused member number, account number, log-in or online passwords and (iii) such actions taken pursuant to your instructions.

Other Provisions

Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of this Agreement is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be governed by and construed under the laws of the State of Michigan without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts of Michigan and the federal courts within the state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Limitation of Liability, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement.

Entire Agreement 

These terms are the entire understanding and agreement between you and us with respect to the Services and supersede any other oral or written agreements.

Joint Owners

You may establish your account to use the Services with another party. 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 of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing, by all owners of an account, each joint owner has full and independent authority to use the Services 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 billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the Payment Account, whether or not such joint owner is an owner of the Payment Account; (c) receive notices, confirmations, statements, demands and other communications concerning the Services for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; (e) close the account at any time. Unless we are notified in writing by all owners of an account, we 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.

Important Information About Procedures for Opening a New Account

To help the government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see identifying documents if you complete your account application in person.

Relationship to Provider

Although the Services are made available through the Provider, the Provider does not receive, hold or transfer funds, and shall have no liability with respect to our provision of the Services. The Provider makes no representation or warranty whatsoever, including any express or implied warranty of merchantability or fitness for a particular purpose, regarding the Services. However, the Provider is a third party beneficiary of this Agreement.