Welcome to POPMoney! – This Service provides a quick and convenient means for you to pay other people electronically instead of paying them by paper check.
POPMoney allows you to transfer funds from your eligible Five Point Credit Union Checking Account(s) to another individual's domestic bank account -- assuming of course, that the transfer is permitted by us and the Recipient's bank, and by federal and/or state laws.
Your eligible Credit Union account is referred to as the "Account" in this Agreement. Accounts held by the third-party recipient/payee are called the "Recipient's Account" throughout this Agreement, and the person designated to receive the funds is the "Recipient."
Please take a few minutes to review this POPMoney Agreement. As used in this Agreement, the words "you" and "your" mean any owner on your eligible Accounts from which transfers are made or received and any other authorized person who uses this Service. The words "we," "us," "our" and "Credit Union" refer to FivePoint Credit Union. "Service Provider" means our service provider that assists us in providing this Service. When you're ready, click the "I Agree to Accept the Terms" and the "I Agree to Pay any Applicable Fees" checkboxes to start enjoying the convenience and financial security of the POPMoney Service!
ACCEPTANCE OF TERMS
This Agreement sets out the terms and conditions (the "Terms") on which the Credit Union and our Service Provider will provide the Service. This Agreement, any enrollment or other forms or data entry within the Service, and any instructions and FAQs provided or made available to you in connection with the Service are all part of this legally binding Agreement between us. The Credit Union's Membership Agreement and Disclosures also are incorporated into this Agreement. In the event of any conflict between any other agreement and this Agreement and any instructions and FAQs we provide or make available in connection with this Service (all such documents collectively referred to herein as the "Agreement"), this Agreement will control unless this Agreement provides otherwise. When you click on the "I Agree to Accept the Terms" button, you will be asked to complete an application to receive the POPMoney Service. Your application may be accepted or declined by us or our Service Provider based on specific criteria, including without limitation, your Credit Union account history. We will notify you if we are unable to approve your application.
We reserve the right to add to, change, or delete any of the Terms under which the Service is offered in our sole discretion at any time; however, we will notify you of any material change to the Terms and when required by law. In most cases, you will receive any notices online the next time you login to the Internet Banking service; however, we reserve the right to notify you by e-mail or by conventional mail, at our discretion. You agree that if you continue to use the Service after we notify you of any change, your continued usage of the Service indicates your acceptance of the changes to the Terms and you agree to be bound by this Agreement as amended. If you do not accept and agree to the change in Terms, you will not be entitled to continue using the Service. If at any time you wish to discontinue your use of the POPMoney Service, you can unsubscribe by contacting us. If your eligible Credit Union Account(s) have been closed, terminated, or restricted for any reason (such as garnishment, levy, etc.), you will have no further right or access to use the POPMoney Service and you will have to contact us to request reinstatement, which we may or may not grant in our sole discretion. To use the POPMoney Service you must be at least 18 years old, be a resident of the United States, and have at least one active and eligible Credit Union Checking Account. If an Account is not eligible for this Service, you will not be able to designate it as the sending or receiving Account when a transfer is made.
By clicking on the "I Agree to Accept the Terms" button, you authorize our Service Provider to verify your identity by obtaining information about your credit history from a consumer reporting agency. Our Service Provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. The Credit Union and our Service Provider (collectively referred to in this paragraph as "we") reserve the right to deny access to the Service if we cannot verify your identity or other necessary information.
In addition to obtaining a consumer report, we reserve the right to obtain and retain any and all additional information we deem reasonably necessary to ensure that you, or persons to whom you may transfer funds, are not using the Service in violation of law, including but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Assets Control ("OFAC") of the United States Treasury Department. You agree not to complete any funds transfers to or from an account that are not allowed under the rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
ACCOUNT ACCESS AUTHORIZATION
You understand that in order to complete POPMoney transfers, it is necessary for the Credit Union and our Service Provider to access your Account(s), as designated by you and on your behalf, to retrieve information and complete the POPMoney transfers you request. By requesting and using the Service, you represent and warrant to us that you are authorized to enter into this Agreement on behalf of all owners on your Account, and you have the right to authorize and permit us to access your Account(s) to complete such POPMoney transfers. If you provide us with a Recipient's financial institution information, you represent and warrant that you are authorized to provide us with such information. You represent and warrant that the information you are providing to us is true, current, correct and complete.
YOU ACKNOWLEDGE AND AGREE THAT WHEN THE CREDIT UNION and/or OUR SERVICE PROVIDER IS COMPLETING A POPMONEY TRANSFER FROM YOUR ACCOUNT TO THE ACCOUNT OF A RECIPIENT, OR FROM A RECIPIENT'S ACCOUNT TO YOUR ACCOUNT, WE ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT ON BEHALF OF THE RECIPIENT.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CREDIT UNIONAND OUR SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR POPMONEY TRANSFER INSTRUCTIONS; AND (3) ANY INACCURACY, INCOMPLETENESS, OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE POPMONEY INSTRUCTIONS.
ELIGIBLE CREDIT UNION ACCOUNT TYPES
You may use your eligible Credit Union Checking Accounts for POPMoney transfers. Some Accounts, such as savings and IRA accounts, are not eligible for this Service.
We do not charge for standard POPMoney transfers that are completed within three to four business days after we receive the Recipient's Account number. Next-day transfers are subject to a transaction feethat will be disclosed to you when you use the system for the first time. Applicable usage fees also will be displayed when you initiate the POPMoney transfer request. Other applicable fees as set forth in our Fee Schedule may also apply to POPMoney transfers. You understand and agree that we may from time to time impose additional charges in connection with your POPMoney transfer transactions. When possible, we will notify you of such fees in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Credit Union Account or any other eligible Credit Union account on which you are an owner in the amount indicated.
All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. We have multiple levels of security that have been designed especially for us.
IT IS IMPORTANT THAT YOU DO NOT SHARE YOUR ACCOUNT NUMBERS, HOME BANKING LOGIN and PASSWORD WITH ANYONE FOR ANY REASON.
CONTACT IN THE EVENT OF UNAUTHORIZED TRANSFER
If you believe your Home Banking Login ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your Credit Union Account(s) without your permission, contact us at once. The best way to protect yourself is to go into the Home Banking system and change your password immediately. You may also contact us by calling 409. 962.8793 or 800.825.8829 Monday–Friday from 9 a.m. to 5 p.m. CT. You may also notify us in writing at:
FivePoint Credit Union
P.O. Box 1366
Nederland, TX 77627
Changing your password within the Home Banking system or telephoning us as soon as possible, however, is the best way to keep your potential losses to a minimum.
Notify us AT ONCE if you believe your Login ID or password has been lost or stolen. Telephoning us promptly at 409.962.8793 or 800.825.8829 is the best way to protect yourself from possible losses. You could lose all of the money in your Account (plus your maximum overdraft line of credit, if applicable). If you tell us within 2 business days of the loss or theft of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your password and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or delivered to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
The Service will process requests for transfers on business days until 4:00 p.m. CT. After that time, transfers may not be processed until the next business day. Our business days are Monday through Friday. Federal Holidays are not included.
TRANSFER TYPES AND LIMITATIONS
You may access POPMoney within the Service to transfer funds from one of your eligible Accounts to an account of a Recipient. Recipients must have a U.S. bank account. You may not send POPMoney transfers to foreign bank accounts. You may send POPMoney to a Recipient via a text message to their mobile telephone number or an email message to their email address, or by providing us with the Recipient's account number and bank routing number.
Standard POPMoney transfers are limited to an aggregate of $1,000 per day. This means $1,000 per day in total transactions for combined outbound and incoming POPMoney transfers relating to all of your Accounts. Within this daily limit, next-day outbound POPMoney transfers are limited to $500 per day You may make or receive up to an aggregate of $5,000 in POPMoney transfers (outbound payments to others or receipt of incoming funds to your Account from others) within a rolling 30-day period, $2,000 of which may be for next-day outbound transfers. We may from time to time for security and risk management reasons modify the limit, the frequency, and the dollar amount of transfers you can make using our Service. We reserve the right from time to time to change the dollar amount of POPMoney transfers you are permitted to make using our Service.
Without limiting the foregoing, in the event that your use of the POPMoney Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of POPMoney Service" section below), you understand and agree that your use of the Service thereafter may be subject to more restrictive dollar amount limitations than would otherwise be imposed by us.
Generally, POPMoney transfers are completed within 3 to 4 business days when you provide us with the Recipient's account number. If the POPMoney transfer is initiated by sending an email or mobile phone text message to the Recipient, the Recipient must respond by providing their bank routing number and checking account number to the Service within 10 business days. If the Recipient fails to respond timely with the required information, the POPMoney transfer will be cancelled/voided and the funds will be returned to the sender.
RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO
You may make one-time POPMoney transfers to Recipients or you may establish recurring/scheduled transfers to a Recipient. Recurring POPMoney transfers that are scheduled to be sent on a nonbusiness day (weekend or holiday) will be sent on the next business day. You may cancel a recurring POPMoney transfer until 4:00 pm CT on the business day the transfer is scheduled to be made by accessing External Transfers in our Home Banking website. If you need to stop a POPMoney transfer after it is sent, please contact us at 409.962.8793 or 800.825.8829 or write to FivePoint Credit Union, P.O. Box 1366, Nederland, TX 77627 and we will attempt to retrieve it for you. However, we may be unable to stop a payment after it has been sent.
If you have told us in advance to make regular payments out of your Account, you may stop any of these payments also by calling or writing to us at the telephone or address above. If you call or write, we must receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Our standard Stop Payment Fee as set forth in the Truth in Savings Fee Schedule will apply to all stop payment requests.
If you cancel a POPMoney payment, you authorize us to notify the Recipient that the payment has been cancelled.
REJECTION OF TRANSFERS
To the extent permitted by law, we reserve the right to decline to complete any POPMoney transfer, to submit fund transfer instructions or orders, or to carry out any change or cancellation requests.
You authorize the Credit Union and our Service Provider to complete and process the POPMoney transfer instructions you execute to us. You understand that to complete your POPMoney transfer instructions, we may utilize the Automated Clearing House (ACH) system. By using the ACH system to send money to the Recipient, we will debit your selected eligible Account for the amount of the transfer request and for the amount of any fee that may apply. The transfer amount will be held by the Service Provider's clearing bank in a transfer account. After our Service Provider and/or its clearing bank are reasonably certain that the debit from your Account will not be returned (in most cases this is usually between 3-4 banking days), our Service Provider will credit the Recipient's account. The sole purpose for our Service Provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The Service Provider earns no interest on funds in the transfer account. If the debit from your Account fails or is returned for any reason and the credit to the Recipient's account has been completed and cannot be retrieved, you authorize us and/or our Service Provider to collect the amount from another Account you own at the Credit Union. We and our Service Provider reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return. There are fees associated with non-sufficient funds ("NSF") items, as set forth in our Fee Schedule, and a re-debit attempt may result in additional NSF fees to you.
You understand and agree that in rare events, such as a natural disaster or a national security concern, where our Service Provider is unable to execute your POPMoney transfer request utilizing ACH, it may utilize other established payment mechanisms in order to complete your fund transfer instructions, such as a wire transfer or the issuance of a check.
SUSPENSION AND REINSTATEMENT OF POPMONEY SERVICE
In the event that we at any time incur a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts due to NSF or to collect with respect to any of your POPMoney transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service immediately and without prior notice to you. Generally, one NSF transfer request will result in your Account being suspended from the Service. Two NSF transfers will result in your profile being suspended from the Service. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of the Service by contacting us using any of the methods provided under this Agreement (see "Error Reporting and Claims," section below). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, we in our sole discretion may thereafter restore your ability to complete transfers subject to such higher limits as may then be in effect (see "Transfer Types and Limitations" section above).
You may access a statement of all POPMoney transfers completed or pending at any time by clicking on the Activity tab within POPMoney. In addition, all POPMoney transfers and associated fees will appear on your Checking Account statement. You will receive a monthly Account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive an Account statement at least quarterly.
YOUR RESPONSIBILITY FOR ERRORS
You understand that we must rely on the information provided by you and the Recipient. You authorize us to act on any instruction which has been, or reasonably appears to have been, sent by you and/or the Recipient. You understand that Recipient's financial institution receiving the POPMoney transfer instructions may also rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions from you or the Recipient beyond the user name and password provided, and will act on these received instructions without obtaining further confirmation. You understand that if you provide us with incorrect information, or if there is any error in your instructions, we will not be responsible. We will make all reasonable efforts to reverse or delete such instructions after you make us aware of your error, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, the Credit Union and our Service Provider reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
ERROR REPORTING AND CLAIMS
Contact us as soon as you can, at 409.962.8793 or 800.825.8829 Monday – Friday from 9 a.m. to 5 p.m. CT or write to us at FivePoint Credit Union, P.O. Box 1366, Nederland, TX 77627, in case of errors or questions about your POPMoney transfers, or if you think your statement is wrong, or if you need more information about a POPMoney transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You can see a complete statement of all your POPMoney transfers completed or pending at any time by clicking on the Activity tab in the POPMoney program.
When you contact us:
(1) Tell us your name, and the account number of the Account to which the error relates.
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
(3) Tell us the date and dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the applicable Account within 10 business days for the amount you believe is in error, 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 question or complaint in writing and we do not receive it within 10 business days, we may not credit your Account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation, which may be sent to your email address. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of the Recipient's financial institution. Although we may try to assist you/them in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the Recipient's financial institution. Any rights you or the Recipient may have against a Recipient's financial institution for such errors, delays, or other problems are subject to the terms of the agreements the Recipient has with the Recipient's financial institution, including any time limits during which complaints must be made.
You acknowledge and agree that we and/or our Service Provider own all rights in and to the POPMoney Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the POPMoney Service or any related services or technology.
NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Service, you represent and warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further represent and warrant that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these representations and warranties will remain in full force and effect even if this Agreement terminates for any reason.
SERVICE CHANGES AND DISCONTINUATION / SERVICE CANCELLATION
We may modify or discontinue the Service at any time, with or without notice, without liability to you, any other user, any Recipient, or any other third party. Subject to applicable law, we reserve the right to terminate your Account and your right to use the Service at any time and for any reason without advance notice if we, in our sole judgment, believe you have engaged in conduct or activities that violate this Agreement or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of the POPMoney Service.
You may contact us at any time to cancel/terminate this Service at the telephone number and address provided in this Agreement. If you have pending POPMoney transfers, these transactions must clear your Account before your cancellation request will be effective. If you have recurring POPMoney payments scheduled, you must cancel each of these recurring transfers BEFORE you cancel the Service. If your Account is terminated for any reason, you will have no further right or access to use the Service for any reason.
USE OF SMS (TEXT) MESSAGING
Users of the POPMoney Service may receive SMS (text) messages relating to their payments, such as notice of payment, alerts for validation, and receipt of a transfer. POPMoney will verify your access to the mobile phone number. To enable this verification, POPMoney will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated account. You may receive SMS messages related to your transactions from time to time, but please be aware that your telecommunication carrier's normal rates and fees, such as text messaging fees, will apply. You understand that anyone with access to your mobile phone or other text-capable device may have access to Account or transaction information sent by us through SMS (text) messages residing on the device, and we are not responsible for any such access by third persons. You agree to safeguard your computer devices to protect from unauthorized access.
If you have questions concerning the POPMoney Service, you can contact us at any of the phone numbers located in this Agreement or at any time from your mobile phone by sending a text message with the word "HELP" to this number: POPMON.
To opt out and stop receiving SMS messages from us, you can initiate the opt-out process by sending a SMS message. Just text "STOP" to this number: POPMON.
LINKS TO THIRD PARTY SITES
The Credit Union's website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. We do not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that we are not responsible for the content of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.
You understand that the Recipient's financial institution may contact us to verify the content and authority of your POPMoney transfer instructions and any changes to those instructions. You agree that we may provide to the Recipient's financial institution such information as may be required to verify your instructions and such action may constitute a valid security procedure under the rules governing your Accounts with us and accounts at other financial institutions.
DEVIATING FROM SECURITY PROCEDURES
You agree to allow us to authorize another financial institution involved in the POPMoney transfer to accept funds and your transfer instructions in accordance with any authorization procedures as may be agreed to from time to time between you and the financial institution, or between us, on your behalf, and the financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your Accounts based solely on these communications.
ACCOUNT NUMBER POLICY
If your POPMoney transfer instructions identify a bank by name and routing number, and the Recipient's name and account number, the Credit Union and the Recipient's financial institution may execute those instructions by reference to the numbers provided only, even if the number does not correspond to the name provided. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that the Credit Union and our Service Provider have no responsibility to investigate discrepancies between account names and numbers.
JOINT ACCOUNT HOLDERS
In submitting your application for the POPMoney Service, you confirm that if any of your Credit Union Accounts are jointly held Accounts, the joint account holder has consented for you to use the Accounts for the Service and to disclose any Account information necessary to complete transfers. We may terminate your use of the Service if any joint Account holder notifies us that (i) the Joint Account holder never consented to your use of the POPMoney Service, (ii) the joint Account can no longer be operated on a single Account owner's instructions alone, or (iii) the joint Account holder withdraws consent for you to use the Accounts for the Service.
MEANS OF TRANSFER
While we have previously indicated most POPMoney transfers will occur via ACH, you authorize us to select any means we deem suitable or necessary to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks, and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as the NACHA Operating Rules & Guidelines published by the National Automated Clearinghouse Association. We shall make all reasonable efforts to ensure that your transfer requests are processed on time (typically within 3 to 4 business days), but we reserve the right to hold funds beyond the normal period from time to time depending upon circumstances.
RECEIVING POPMONEY TRANSFERS
If another POPMoney customer (the "Transferor") has instructed us to transfer funds (the "Funds") to your Account with us, you will be the intended recipient. In addition to the Terms stated herein relating to your outgoing POPMoney transfer activity, you agree to accept the terms and conditions set forth below regarding your receipt of POPMoney funds from others.
You authorize us to transfer (credit) the Funds to your Credit Union Account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the "Information"), the same as a Recipient of your POPmoney transfers would be asked to do:
1) Your full name;
2) Your current residential address; and
3) Your Account number
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the OFAC of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. If the transfer is rejected for any reason, the transaction will be canceled and the funds will be returned to the Transferor.
If we do not provide a POPMoney transfer on time (3 to 5 business days), if we cause an incorrect amount to be removed from your Account, or if we cause funds from your Account to be transferred to any account other than the Recipient's account specified in your transfer instructions, we will be responsible for your losses and damages proximately caused by our error. However, we will not be responsible or liable in some instances such as (i) if the Recipient financial institution's systems fail and we are unable to complete the transfer, (ii) if, through no fault of ours, you do not have enough money in your Account to make the transfer and the transfer is not completed or is later reversed, (iii) the transfer would go over the credit limit on your overdraft line, if applicable, (iv) if your computer or other device or our website was not working properly and you knew about the problem when you started the transfer, (v) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken, (vi) if we are excused due to exceptions stated in our other agreements with you. Except as otherwise required by law, we will in no event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty provided in this Agreement.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us and our Service Provider that you have sufficient available funds in your Credit Union Account to make the requested POPmoney transfer.
LIMITATION OF WARRANTY AND LIABILITY
YOU UNDERSTAND AND AGREE THAT THE POPMONEY SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE." WE MAKE NO REPRESENATIONS OR WARRANTIES THAT THE SERVICE WILL BE AVAILABLE FOR ALL ELIGIBLE ACCOUNTS. WE MAKE NO REPRESENTATIONS OR WARRANITES THAT WE WILL BE ABLE TO COMPLETE TRANSFERS TO RECIPIENT ACCOUNTS WHEN THERE IS A PROBLEM WITH THE RECIPIENT'S ACCOUNT OR THE RECIPIENT'S MOBILE PHONE OR TEXT OR EMAIL SERVICE. THE SERVICE MAY BE UNAVAILABLE FOR BRIEF PERIODS EACH WEEK FOR SYSTEM MAINTENANCE. WE WILL ATTEMPT TO KEEP SUCH SERVICE INTERRUPTIONS TO A MINIMUM BY SCHEDULING THEM DURING NONPEAK TIMES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE POPMONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POPMONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POPMONEY SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE POPMONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS, OR THAT THE POPMONEY SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE POPMONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE POPMONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless the Credit Union, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from your use of the POPMoney Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity.
You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the POPMoney Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability, and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. The Credit Union's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time and any instructions or FAQs we provide or make available in connection with this Service, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the POPMoney Service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes or waiver of rights, or you continue using the POPMoney Service following receipt of notice of any changes proposed by us. If your Account is a joint Account, notice to one of you constitutes notice to all of you. All notices to you shall be in writing and shall be made either via e-mail, conventional mail, or messages delivered through the Services, at our discretion. All notices to us must be made in writing to our address appearing in this Agreement. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or those of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the POPMoney Service by us.