Online Banking Disclosure

This Agreement Applicable to Mobile Banking and eBranch Services (“Agreement”) for accessing your accounts and loans through Cabrillo Credit Union's online banking service (“eBranch”) explains the terms and conditions governing the online banking services offered through eBranch via our website, including without limitation Bill Pay services, transfers, Mobile Banking, Mobile Banking Deposit, and Text Banking services (collectively, “Service(s)”); some of which may require separate enrollment and have additional terms of use. Cabrillo Credit Union may, from time to time, introduce new Services and we will update our website to include them. As used in this Agreement, the words “you” and “your” refer to any user of the Service(s). The terms “we,” “us,” “our,” and “Credit Union” refer to Cabrillo Credit Union.

To the extent that you establish and/or use your accounts with us and/or the Services primarily for consumer, personal, and household purposes only, this Agreement is given by the Credit Union in compliance with the Electronic Fund Transfer Act (15 U.S.C. Section 1693, et seq.) and Regulation E (12 CFR Part 1005) to inform you of certain terms and conditions for use of the Services described in this Agreement. Certain provisions in this Agreement only apply to non-consumer accounts, and those provisions are designated in the Agreement.

When you use, access, or permit any other person(s) to use or access, any of the Services, you agree to abide by the terms and conditions of this Agreement in its entirety, as may be amended from time to time. By clicking “I Agree” below or using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. We may amend or change this Agreement at any time, as determined in our sole discretion. Where required by applicable law, we will notify you of such changes by email, regular mail, or by posting the updated terms on our website. If you use the Services after the effective date of a change, your use indicates your agreement with the change(s). A copy of the most current Agreement will be available in Online Banking. We ask you to please review the Agreement regularly. If, at any time, you do not agree with the terms and conditions of the Agreement, please discontinue your use of the Services.

In addition to this Agreement, in connection with your use of the Services, you may be subject to, and/or required to agree to, account agreements, guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post in eBranch or otherwise provide or make available to you from time to time. Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to and/or required to agree to, separate end user agreements governing or relating to such features, products or services. All such account agreements, guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, “Additional Agreements”), are hereby incorporated by reference into this Agreement. Additional Agreements shall include, without limitation, agreements, rules or other terms governing any checking, savings, or other deposit accounts, loan, line of credit and credit card accounts, and any other accounts that you may view, modify or otherwise access while using the Services; fee schedules; our electronic fund transfer agreement and disclosures; our online bill payment authorization and agreement; and your signature card. When you access accounts online, or initiate transactions and/or requests using eBranch, this does not change the agreements you already have with us on those accounts.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement, the terms and conditions of the specific Service shall govern as to that particular Service unless expressly stated herein. Notwithstanding anything to the contrary, the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by us in an Additional Agreement.

MOBILE BANKING & EBRANCH TRANSACTIONS AVAILABLE

The Credit Union's eBranch product is a secure manner to communicate with the credit union. eBranch is secured with the highest bit possible. In order to utilize this service, cookies must be enabled on your personal computer. eBranch allows you to perform all of the following transactions available via Mobile Banking.

  1. Send a secure message the Credit Union.
  2. Review Frequently Asked Questions (FAQs).
  3. Establish Account Alerts.
  4. Change account contact information.
  5. Re-set your password.
  6. Transfer money between previously authorized non-Cabrillo accounts.
  7. Order checks.
  8. Apply for a loan.
  9. Re-set your Debit Card Option preference (if available).
  10. Transfer money to any Cabrillo member when you provide the member's name and account number.
  11. Opt in/out of Text Banking
  12. Pay Bills (see below)
  13. Deposit a check (via a mobile device)
  14. Locate a branch/ATM

MOBILE BANKING AND EBRANCH ACCESS

Mobile Banking, Bill Payment and eBranch operate 24 hours/day, 7 days/week, with minor interruptions for system maintenance or technical difficulties, including those of the Internet service provider and Internet software. However, the Credit Union makes no guarantee that the Services will be uninterrupted or error-free. At certain times, some or all of the Services may not be available due to system maintenance or unscheduled emergencies. During these times, you may visit a Credit Union branch, ATM or other CO-OP ATM to conduct your transactions. Our business days are Monday through Friday except for federal banking holidays. Hours and branch locations are subject to change without prior notice. Please inquire with specific branches or visit our website for our business hours.

  1. STATEMENTS AND RECEIPTS

Your statement will reflect all checking and regular savings information. Receipts are not issued for TellerPhone/eBranch/Mobile banking transactions, nor for entries received via the Automated Clearing House (ACH); however, each transaction be clearly identified on your statement of account.

  1. MOBILE BANKING DEPOSITS

Mobile Deposit is available to members who meet the credit union's criteria. Mobile Deposit allows members to make a deposit by taking a picture of the check utilizing the phone's camera. Deposits of foreign checks, or third-party checks, are not permitted. Funds deposited via this service may have a delay in availability (see Funds Availability). Cabrillo does not charge for this service. Message/Data rates may apply.

  1. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS ON CONSUMER ACCOUNTS

Please notify us at once if you believe your login ID and/or password allowing access to the Services have been lost or stolen or if your statement shows an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way to limit your liability. You could be liable for the total amount in your accounts (plus your maximum overdraft line of credit if you have one with us). If you tell us within 60 days of our sending your statement, you can lose no more than $50 if someone used your debit card without your permission. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the close of the 60 days and before notice to us. If your delay in notifying us was due to extenuating circumstances beyond your reasonable control, including extended travel, your or a member of your family’s death or serious illness, hospitalization, permanent mental impairment or serious physical impairment, unless the circumstance did not reasonably contribute to your delay in notifying us within the 60 day period, we will extend the 60 day period by a reasonable period.

Note that the limits on liability under this Section and Regulation E do not apply to business account transactions. If you use the Services in connection with a business account transaction that is unauthorized, you are responsible for such transaction if it is initiated using your login ID and/or password, unless you notify us of the loss or theft of your login ID and/or password a reasonable time period of at least one (1) business day prior to the unauthorized transactions being initiated. We also disclaim liability for any unauthorized transfers on your business account, unless the unauthorized transfer was a result of our negligent or intentional conduct.

  1. HOW TO NOTIFY THE CREDIT UNION IN THE EVENT OF AN UNAUTHORIZED TRANSACTION

If you believe your login ID and/or password has been stolen, or someone may perform unauthorized transactions on your account, please call (858) 547-7400 or write us at: Cabrillo Credit Union, P.O. BOX 261169, San Diego, CA 92196.

  1. CHARGES

All charges associated with our Services are disclosed in our Schedule of Fees.

  1. OUR LIABILITY FOR FAILURE TO MAKE TRANSFER

If a transfer request is submitted and we do not complete the transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

Provided that no exceptions are applicable, if we cause an incorrect amount of funds to be removed from your account, or cause funds from your account to be directed to a person or entity which does not comply with your transfer or payment instructions, we will be responsible for returning the improperly transferred funds to your account and for directing to the proper recipient any previously misdirected bill payments or transfers.

THE FOREGOING CONSTITUTES OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF ANY INTERNET SERVICE, EQUIPMENT, TELEPHONE, COMPUTER, SOFTWARE, SERVICES, AND/OR ANY OTHER DEVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, WIRELESS DEVICE, COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SERVICES.WITHOUT LIMITING THE GENERALITY OF THE WORDING ABOVE, WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM AN INTERRUPTION IN YOUR ELECTRICAL POWER OR TELEPHONE SERVICE; THE DISCONNECTING OF YOUR TELEPHONE SERVICE BY YOUR TELEPHONE COMPANY OR FROM DEFICIENCIES IN YOUR LINE QUALITY; OR ANY DEFECT OR MALFUNCTION OF YOUR COMPUTER, DEVICE, MODEM OR TELEPHONE SERVICE.

  1. ERROR RESOLUTION

In case of errors or questions about your electronic transfers, telephone us at: (858) 547-7400 or write us at: Cabrillo Credit Union, PO Box 261169, San Diego, CA 92196-1169. Tell us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation 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 your account within 10* business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not re- credit your account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days.

** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S. its possessions and territories, we will have 90 days instead of 45 days to investigate.

  1. RESPONSIBILITY FOR TRANSACTIONS

You are responsible for all transactions you make with your login ID and password or that you authorize another person to make with the login ID and password. You understand that if you disclose your login ID and password to anyone, they will have access to all accounts identified by your account number. If the Account is a joint account, all transactions involving the account are binding on all Account holders.

You understand and agree that you will be responsible for all transactions that you make and/or initiate, including fraudulent transactions where you initiate the transaction but are the victim of fraud or transactions you initiate in error.

  1. PASSWORDS

In our sole discretion, we may change the parameters for passwords used to access the Services without prior notice to you. If we do so, you will be required to change your password the next time you access the Services. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Services, you agree to protect and keep confidential your card number, account number, PIN, access code, password and any other means of accessing your accounts via the Services. The loss, theft, or unauthorized use of your card number, account number, login ID, PIN, access code, password, or other means to access your account (“Account Information”) could cause you to lose some or all of the money in your accounts, including draws on your credit card or overdraft amounts. Additionally, it could permit unauthorized persons to gain access to your sensitive personal and account information and to use such information for fraudulent purposes.

If, at any time, you believe that your Account Information has been lost or stolen or the Services have been used or accessed without your authorization, you agree to notify us immediately by calling (858)547-7400. 

Your login ID and password are established for security purposes. You understand that you cannot use the Services without a login ID and password. YOU AGREE THAT USE OF THE LOGIN ID AND PASSWORD CONSTITUTES A REASONABLE SECURITY PROCEDURE FOR ANY TRANSACTION. Your password acts as your signature. All transactions affected by use of the Services contemplated hereunder that would otherwise require your actual signature, or other authorization, will be valid and effective as if actually signed by you when accomplished by use of your login ID and password(s) or as otherwise authorized under this Agreement.

You understand that if you disclose your Account Information to any person(s), you have given them access to your account(s) via the Services including the ability to review all of your personal and financial information and to engage in account transactions. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you or that person initiates with fraudulent intent are also authorized transactions. In such instances, you assume all risks and losses associated with such disclosure and you agree to be responsible for any transaction and activities performed from your accounts and for use of any of your personal and account information by such person(s). We are entitled to act on all transaction instructions received using your login ID and password, which will have the same effect as your signature for the purpose of authorizing transactions. If you authorize anyone to use your Account Information in any manner, that authority will be considered valid until you specifically revoke such authority by notifying us in writing, and immediately changing your login ID and password. You will be responsible for any transactions made by such authorized persons up to the time you notify us of the revocation and the login ID and password have been changed. 

If you fail to maintain the security of your login ID and/or password and the Credit Union suffers a loss as a result, we may terminate your access to the Services immediately, as determined in our sole discretion.

If you voluntarily subscribe to a third-party account aggregation service where your selected Credit Union deposit and/or loan account(s) as well as your accounts at other financial/investment institutions may be accessed on a website, you may be required to give your login ID and password to the aggregate service provider. You understand that by doing so, you are providing the aggregate service provider access to your Credit Union account(s).

  1. STOP PAYMENTS

If a check written on your account, ACH debit, electronic transaction initiated by the use of a check (e.g., point of sale "POS", etc.), or transfer/payment through the Services has not yet been paid, any authorized signer on the account and/or any individual authorized to access your account through the Services, may be able to prevent its being paid by initiating a stop payment order, irrespective of who signed the check or how many authorized signatures were required on the check. 

To be effective, a stop payment must be received in sufficient time to enable us to act on it. For electronic (ACH) transactions we must receive your request three (3) business days or more before the payment is scheduled to be made. For Bill Pay transactions we must receive your request three (3) business days or more before the payment is scheduled to be made. Our records will be conclusive evidence of the existence and details of any stop payment initiated by you. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after your call. A verbal stop-payment order may cease to be binding after fourteen (14) days if you fail to provide a required written confirmation upon request by us. Stop payments initiated using the Services are not considered accepted until we provide a stop payment confirmation number to you.

The ability to place a stop payment on a check through the Services may be limited by system availability. If the system is not available to accept your stop payment order, the stop order may be placed by contacting any Credit Union branch during normal business hours. In order to process your request you must provide us with the exact amount (dollars and cents), check number, account number and payee of the item. If you provide us with any incorrect information or do not give us sufficient time to act on your stop payment request, we will not be responsible for our failure to stop payment of the check. A fee may be charged for each stop payment order or renewal thereof (see the Fee Schedule). You agree to indemnify, defend, and hold us harmless (to the extent of the law) from all costs, (including reasonable attorney's fees) actions, damages, claims and demands related to or arising from our action in stopping payment on a check or our failure to stop payment on a check.

  1. REPRESENTATIONS AND WARRANTIES

When you use the Services to access your accounts, you make the following representations and warranties to us:

  1. ILLEGAL ACTIVITY

The Services may not be used directly or indirectly in a manner that would constitute a crime under local, state or federal law, or in any illegal activity, including without limitation (1) any “racketeering activity” as defined in 18 U.S.C. § 1961, or (2) any gambling, gaming, betting, or similar activity or transaction. Further, you may not use the Services for the purchase of any goods or services on the Internet that involve gambling, gaming, betting, or any similar transaction or activity. Such transactions include, but are not limited to, any quasi-cash or online gambling transaction, any electronic commerce transaction conducted over an open network, and any betting transaction including the purchase of lottery tickets or casino gaming chips/checks or off-track betting or wagering. We may deny authorization of any transactions identified as illegal activity or prohibited gambling. However, in the event that a charge or transaction described in this Section is approved and processed, you will still be responsible for such charges. If you use the Services directly or indirectly in an unlawful manner you understand that your access to the Services may be suspended and/or terminated and we may exercise any rights available to us, including, but not limited to, closing your accounts with us.

  1. CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

Further information regarding our privacy practices can be found in our privacy policy, and on our website, at https://www.cabrillocu.com/Documents/Disclosures/Online-Privacy-Policy-Cabrillo.html. https://www.cabrillocu.com/Documents/Disclosures/Privacy-Policy.pdf

  1. DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. YOU FURTHER ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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 ACCESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

  1. LIMITATION OF LIABILITY

UNLESS PROHIBITED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THE SERVICES, ACCESS TO OR USE OF THE SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE SERVICES, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION 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. FURTHER, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE FAILURE OF ANY EQUIPMENT, THE INTERNET, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

  1. RISK OF LOSS

In the event of a system failure or interruption affecting the Services, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than the Services to ensure the accuracy and completeness of such transaction(s). 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 transaction(s) so affected.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cabrillo Credit Union, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers (“Related Persons”), from any and all third party actions, claims, losses, liability, and damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from:

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 which 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. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Services by you or a joint account owner or other authorized person.

The obligations contained in this Section shall survive termination of this Agreement.

  1. RECORDING OF PHONE CALLS AND EMAILS

You authorize us and our agents to record or copy any phone call, email or secure message from or to you concerning the Services.

  1. TCPA CONSENT

You agree that we may from time to time make calls and/or send text messages to you at any telephone number(s) you provide to us, including mobile telephone numbers that could result in data usage and charges to you. This is so that we can service and keep you informed about your account(s) (including loans, if any), collect any amounts you owe us, provide access codes, and/or provide fraud, security breach, or identity theft alerts. You also agree that you may be contacted by our service providers making such calls/texts on our behalf. The manner in which these calls or text messages may be made to you include, but are not limited to, the use of prerecorded/artificial voice messages and automatic telephone dialing systems. You understand that you are not required to provide consent as a condition to receiving our products or services. You may revoke your consent or change the telephone number provided at any time by contacting us in writing at Cabrillo Credit Union, PO Box 261169, Attention: Member Service Department, San Diego, CA 92196-1169.

  1. LINKS TO THIRD PARTY SITES

Our Services may provide links to other websites ("Linked Sites"). Such links are provided solely as a convenience for you. While we will attempt to select and provide links to Linked Sites that we believe may be of interest to its members, we do not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that the Credit Union, and its affiliates and partners, 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.

  1. DISPUTES

In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to this Agreement and the Arbitration and Waiver of Class Action provision in the Membership and Account Agreements and Disclosures booklet provided to you. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement.

  1. GOVERNING LAW

This Agreement will be governed by and interpreted in accordance with all applicable federal laws and regulations and to the extent that such applicable federal law or regulation has not preempted them, in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. You agree that any claim or dispute you may have against us shall be subject to the exclusive jurisdiction of the state or federal courts located in San Diego County, California. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes.

  1. COLLECTIONS

You agree that we shall be entitled to recover any money owed by you as a result of your use of, or the use of anyone you have provided with access to, any of the Services and you agree to repay any amounts which create an overdrawn balance on any of your accounts immediately upon demand. We have a security interest in your present and future deposits and we have the right to apply such deposits to any money you owe. If any legal action is required to enforce any provision of this Agreement or to collect money you owe, you agree to pay all costs of collections, including reasonable attorneys’ fees, court costs, and other charges incurred for enforcing our rights under this Agreement.

  1. ASSIGNMENT

You may not assign this Agreement to any other party. We may assign this Agreement at any time in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

  1. NO WAIVER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

  1. SEVERABILITY AND HEADINGS

If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Headings are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

  1. RELATIONSHIPS TO OTHER DISCLOSURES

The information in this Agreement applies only to the Service described herein. Provisions in other disclosure documents, as may be revised from time to time, continue to apply, except to the extent expressly modified by this Agreement.

  1. CHANGES TO THIS AGREEMENT

We reserve the right to change the terms and conditions upon which the Services are offered and may amend, modify, add to, or delete from this Agreement from time to time. We will provide you with written notice if required by applicable law. Further, we may, from time to time, revise or update the Services, programs, and/or related material(s) rendering such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Services, any programs, and/or related material(s) and limit access to our more recent versions and updates.

Our website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it cannot be disclosed without jeopardizing the system’s security, this Agreement will be updated within thirty (30) days after the change. You will be notified as soon as possible when changes are made which materially affect your rights. If you use the Services after the effective date of a change, your use indicates that you agree with the change(s).

  1. TERM AND CANCELLATION

This Agreement remains in effect until it is terminated by you or us.

You may terminate this Agreement or cancel your participation in the Services at any time by notifying us of your intent in writing or through an eBranch secure message. Your use of the Services will be cancelled after we have had a reasonable opportunity to act upon your cancellation request. Termination by any one account owner will be binding on all account owners and we are not required to notify other account owners of the termination.

We may suspend or terminate your participation in the Services for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so. We shall have no obligation to honor any instruction, in whole or in part, that (a) is or we reasonably believe is used for any illegal or improper purpose or activity; (b) exceeds the available funds in your account; (c) we have reason to believe may not be authorized by you; (d) involves funds subject to a hold, dispute or legal process; (e) would violate any law, rule or regulation applicable to us, the Services, you or any other party that processes or receives the payment; (f) is not in accordance with any other requirement stated in this Agreement, any other applicable agreement with us, or any of our policies, procedures or practices; or (g) for our protection or your protection, we have reasonable cause not to honor. We reserve the right to suspend or terminate your use of the Services or refuse to honor an instruction, in whole or in part, at any time, with or without cause and with or without notice.

If you do not access the Services and there has been no activity on any of your accounts through the Services (such as an automatic bill payment) for any consecutive, one hundred and eighty day (180) day period and there is no such activity pending as of the end of such one hundred and eighty day (180) day period, we reserve the right to terminate your access to the Services. If any of your checking, savings, or other deposit accounts are closed due to insufficient funds or any other reason, such account will no longer appear in your eBranch profile. If any other account is closed for any reason, such account may no longer appear in your eBranch profile.

Any payments or transfers we have already processed before the cancellation date will be completed. Upon termination of this Agreement or the Services, we will endeavor to cancel any applicable account transactions you have previously authorized, but we make no guarantee that it will be able to do so. We recommend that you cancel any scheduled payments or transfers prior to notifying us that you are canceling your participation in the Services. You are responsible for any payments or transfers scheduled by you prior to termination that you have not canceled. You will be solely responsible for any fees that apply to any such cancellation. Any payment(s) or other transactions that we are unable to cancel or that have already been processed before the requested termination date will be completed.

Termination of your participation in the Services does not terminate your accounts or agreements with us and will not affect your authorization for transfers and payments made prior to termination.

  1. NOTICE AND COMMUNICATIONS

Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through the Services, if you have agreed to receive notices from us in an electronic format. You are required to keep us informed of your current mailing and email addresses, as applicable. You agree to notify us promptly of any change of address or email address. You may notify us in person at any of our offices, via the Services, or by sending a written and signed notice to Cabrillo Credit Union, Attention: Member Service Department, San Diego, CA 92196-1169.

  1. ADDITIONAL DISCLOSURES APPLICABLE TO BILL PAYMENT

Bill Payment is generally accessible 24 hours/day, 7 days/week.

  1. BILL PAYMENT

You may take part in the Credit Union's Bill Payment program by signing up for the service. You may make payments through this service to any business, or any non-business for purposes you deem necessary. Payments can be selected as Monthly Recurring or On-Demand. Monthly recurring payments allow you to establish monthly withdrawals for ongoing payments, such as mortgage payments. On-Demand payments are set up in advance, but you initiate the payment. On-Demand payments are typically used for bills in which the date and/or amounts fluctuate. You may also set up your bills for eBills, in which case your electronic bill will be submitted to your bill pay site via eBranch. You must have online access to the individual merchant site in order to set up an eBill. You will continue to receive your normal statements from the merchant, unless you notify them directly to discontinue a paper statement. You may also pay a non-Cabrillo member electronically via the Bill Pay site. You may enter the individual's account information directly, or you may have the individual enter their information confidentially by inputting his/her email address in the "Add a Payee" section of Bill Pay.

  1. Payments may be made only to Payees in U.S. Dollars.
  2. This service is for personal purposes only. This service is not designed for business or commercial purposes. You are obligated to reimburse the Credit Union for any loss incurred as a result of your use of this service for business or commercial purposes.
  3. You must provide the bill payment service provider with sufficient information regarding each Payee, which will include the Payee's name, payment address as shown on the invoice, member service telephone number and your account number with the payee, if applicable.
  4. Because of the time it takes to transmit your payment to Payees, they will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Recurring Payment or Future Payment. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date for each payment should be at least 7 business days prior to the date your payment is due. The Credit Union will not be responsible for any service fee, late charge, or finance charge you may incur as a consequence of late payment, if we processed the transaction as instructed.
  5. The money will be debited from your checking account the date of the scheduled transaction. If the money is not available in your checking account, and you have overdraft protection, the amount will be transferred from your previously established overdraft account(s) and the bill will be paid. If the money is not available the bill will not be paid and you must reinitiate the payment.
  6. You may schedule an On-Demand payment to occur at a future date, as long as it is scheduled within 18 months
  7. Bill Payment requests received after 1:00 PM will be processed the following business day.

Questions regarding the Bill Payment Service should be directed to our toll-free number 866-202-5489. You may also chat with someone via the Bill Payment page. Assistance is available M - F 4:30 AM - 11:00 PM Pacific Time.

  1. ADDITIONAL DISCLOSURES APPLICABLE TO APPLE PAY

Apple Pay™

If you are utilizing an iPhone® 6 or greater, iPad Air® 2 or greater, iPad Mini® 3 or greater, and/or an Apple Watch™, you may pay for purchases at participating merchants using Apple Pay. You must enroll in this service and accept the terms via the wallet app on your device in order to utilize this service. Apple Pay utilizes a token and fingerprint authentication to perform the payment. Card details are not stored on the device. The payment will process and appear on your statement as a card-present purchase. Depending upon the merchant, you may be prompted to enter your card PIN/signature. iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay is a trademark of Apple Inc.

  1. ADDITIONAL DISCLOSURES APPLICABLE TO SAMSUNG PAV®

Members with qualifying devices may enroll in Samsung Pay. All terms and conditions related to your Card remain in full force and effect. Samsung's terms and conditions for the System describe your rights and obligations when utilizing the System. By agreeing to these Terms, you represent that you are at least 18 years of age and capable of entering into a legally binding agreement.

  1. FEES AND RESTRICTIONS

Cabrillo Credit Union does not charge any fees to utilize Samsung Pay; however, you will be responsible for any fees that may be charged by parties other than Cabrillo in connection with your use of the System, such as data usage or text messaging charges imposed on you by your wireless carrier.

You are subject to any restrictions of third parties when using the System. It is your responsibility to read and understand the agreements provided by Samsung and other third parties before creating, activating or using the System. Subject to applicable law, Cabrillo may at any time (i) terminate your use of Card(s) in connection with the System, (ii) modify or suspend the type or dollar amounts of transactions allowed using your Card(s) in connection with the System, and (iii) change a Card's eligibility for use with System.

  1. CHANGE IN TERMS

You consent to receive all communications about your Card's use of the System electronically. Cabrillo may change or modify these Terms at any time and will provide notice to you if required by law. You are bound by such revisions and may terminate these Terms by removing your Card from the System.

  1. CANCELLATION

Cabrillo reserves the right to cancel or discontinue offering and supporting the System at any time for any reason. You may disconnect your Card from the System by deleting the card number from your device on the Samsung Pay app.

  1. LIMITATION OF LIABILITY

By utilizing the system, you understand that Cabrillo makes no representations or warranties of any kind about use or functionality of the system. Cabrillo is not responsible for the system in any way and Cabrillo is not liable for any damage or expense you may incur by utilization of the system. You expressly acknowledge and agree that use of the system is at your sole risk. Use of the system involves the electronic transmission of personal information through third party connections that Cabrillo does not operate or control and Cabrillo cannot guarantee the privacy or security of these data transmissions.

  1. ADDITIONAL DISCLOSURES APPLICABLE TO GOOGLE PAY

Members using Android devices running version Kit Kat (4.4} or later that have built-in Near Field Communication (NFC} capabilities can use Google Pay. Google Pay uses your debit/credit card to pay for purchases. Using Google Pay does not share your card number or personal information with the merchant-just a unique code to authorize your purchase.

  1. TEXT BANKING DISCLOSURE

Text Banking allows members of Cabrillo Credit Union to view their account balance, access their transaction history, and transfer funds via text messaging (SMS).

To participate in this program, you must first log in to eBranch at www.Cabrillocu.com. Through eBranch, you can select Text Banking and follow the instructions for registering your cell phone.

Supported Carriers

Text Banking is supported by all major carriers, including AT&T®, Sprint™, and Verizon Wireless SM T-Mobile®

  1. COST

Cabrillo does not charge members for use of Text Banking. SMS text charges are dependent on your texting service plan which may include fees from your carrier to send and receive text messages. These charges would appear on your wireless bill or be deducted from your prepaid balance. You must have the mobile phone account holder's permission to subscribe to Text Banking.

The subscriber will receive a maximum of one response for each message received. Please note, this response may be broken into multiple text messages depending on the amount of data being sent to the subscriber.

  1. HOW TO OPT-OUT

You may opt-out of Text Banking at any time. Text STOPto226563tocanceltextbanking. Or turn TextBanking"off''via eBranch.

Support/Help -To request support at any time, text HELP to 226563 or call 800-Cabrillo. Commands: BAL, HIST, XFER.

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