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NOTICE
You may want to print the following e-signature
disclosure and agreement. You WILL NOT receive a printed
copy unless you request it. This is posted on the web site
on the “Online Disclosure” page.
TERMS AND CONSENT APPLICABLE TO ELECTRONIC SIGNATURES,
ELECTRONIC CONTRACTS, ELECTRONIC RECORDS, ELECTRONIC MAIL
(“E-MAIL”) FACSIMILE AND OTHER ELECTRONIC SERVICES AND
COMMUNICATIONS.
1. Agreement. You specifically consent and agree that we
may provide all disclosures, agreements, contracts, periodic
statements, receipts, notices, modifications, amendments,
and all other evidence of our transactions with you or on
your behalf electronically (hereinafter all such
documentation is referred to as “electronic record(s)”). You
have a right to receive a paper copy of any of these
electronic records if applicable law specifically requires
us to provide such documentation. Also, you may withdraw
your consent and revoke your agreement to receive records
electronically. To request a paper copy or to withdraw your
consent and agreement to receive electronic records call,
write or e-mail us as set forth in the Schedule.
2. Equipment and Software Requirements. To receive
electronic records and to access our home banking services,
you need a computer with a modem and web browser (such as
Netscape Navigator®, Microsoft Internet Explorer® or an
equivalent). Use and access to our on-line / electronic
banking services requires the use of a browser that supports
SSL and Cookies. You are responsible for the set-up and
maintenance of your home computer and modem.
Presently, the following components are minimum
requirements that your equipment must meet to use the Credit
Union’s Home Banking Services:
IBM® - compatible PC (486 or higher).
Windows 3.x or Windows 95/98®.
Compatible modem (9.6Kb or higher), phone line attached.
At least 21 Mb of free hard disk space.
8 Mb of RAM for Win95 or 16Mb of RAM for Win3.x.
CD-ROM.
Windows compatible monitor and video card with 256 color
support configured for small fonts.
PS/2 or Serial Mouse.
Telephone line connected to your computer.
Internet Explorer 4.0 (or higher) or Netscape Navigator 4.0
(or higher) that supports 128-bit encryption
These are the present minimum requirements that are required
to access and use the system. We make no warranty or
representation regarding the access speed that you will have
now or in the future, as such is beyond the control of the
Credit Union (depending largely on your computer system and
method of access -- e.g., dial up connection vs. DSL or
other connection). Also, these minimum requirements are
likely to change as technology, software, and other matters
continue to evolve.
Obtaining Software. You can obtain the Credit Union’s
software for its Home Banking Services:
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By mail or by calling.
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By visiting one of our branches.
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Request it by completing the online application.
By requesting any electronic funds transfers, home banking,
other electronic services or transactions, by submitting any
application or agreement to us electronically, or by
e-mailing us, you represent that you have such equipment and
software and that you can download, access, read, review,
print and store the electronic records we provide to you.
Performance of Software and Electronic Service and Warranty
Disclaimer. In no event will we be liable to you for any
consequential, incidental or indirect damages arising out of
the use, misuse or inability to use our services, or for any
loss of any data, even if we have been informed of the
possibility of such damages. FURTHER, WE MAKE NO WARRANTY,
EXPRESS OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT OR THE
SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, including but not limited
to any Online Banking services provided to you under this or
any other agreement with us.
We do not and cannot warrant that Online Banking will
operate without errors, or that any or all Online Banking
Services will be available and operational at all times.
Except as specifically provided in this Agreement, or
otherwise required by law, you agree that our officers,
directors, employees, agents or contractors are not liable
for any indirect, incidental, special or consequential
damages under or by reason of any services or products
provided under this Agreement or by reason of your use of or
access to Online Banking, including loss of profits,
revenue, data or use by you or any third party, whether in
an action in contract or tort or based on a warranty.
Further, in no event shall the liability of the Credit Union
and its affiliates exceed the amounts paid by you for the
services provided to you through Online Banking.
Virus Protection. We are not responsible for any
electronic virus or viruses that you may encounter. The
Credit Union suggests that you routinely scan your PC and
diskettes using a reliable virus protection software product
to detect and remove any viruses found. An undetected or
unrepaired virus may corrupt and/or destroy your programs,
files and even your hardware.
3. Electronic Signature. You consent and agree that your
use of a key pad, mouse or other device to select an item,
button, icon or similar act/action while using any
electronic service we offer; or in accessing or making any
transactions regarding any agreement, acknowledgment,
consent, terms, disclosures or conditions constitutes your
signature, acceptance and agreement as if actually signed by
you in writing. Further, you agree that no certification
authority or other third party verification is necessary to
the validity of your electronic signature; and that the lack
of such certification or third party verification will not
in any way affect the enforceability of your signature or
any resulting contract between you and the Credit Union.
4. Electronic Records. To facilitate electronic commerce, to
reduce the expense of records storage, and to obtain the
benefits of faster access to records, you acknowledge and
agree that we may in our discretion store all records
electronically; and that we will not retain and have no
obligation to retain any original documents for any period
of time. This applies to all documentation including but not
limited to checks, transaction records, notes, mortgages,
deeds of trust and other loan and/or security documentation.
You further acknowledge and understand that we will
routinely destroy all original documentation. We may store
records electronically via imaging, scanning, filming or
other technology used in the financial services industry for
the storage of documentation via internal processes or
third-party processors that we approve for these services.
You agree that such storage shall be secure, and further
agree that such records shall for all purposes be recognized
and admissible in evidence or otherwise to prove the
agreements, rights and obligations of the parties pursuant
to any such records.
5. “E-Mail” and Facsimile Communications. You acknowledge
and agree that the Internet is considered inherently
insecure. Therefore, you agree that we have no liability to
you whatsoever for any loss, claim or damages arising or in
any way related to our response(s) to any e-mail or other
electronic communication, which we in good faith believe you
have submitted to us. We have no duty to investigate the
validity or to verify any e-mail or other electronic
communication; and may respond to an e-mail at either the
address provided with the communication, the e-mail address
in your Membership Application and Signature Card, or any
other application or written communication actually received
by us.
Any account owner, co-borrower, or authorized user may
change the e-mail address for statements or other
information from us at any time.
Although having no obligation to do so, we reserve the right
to require authentication of e-mails or electronic
communications. The decision to require authentication is
in the sole discretion of the Credit Union. We will have no
obligation, liability or responsibility to you or any other
person or company if we do not act upon or follow any
instruction to us if a communication cannot be authenticated
to our satisfaction.
Further, the Credit Union may not immediately receive e-mail
communications that you send. Also, we will not take action
based on e-mail requests until we actually receive your
message and have a reasonable opportunity to act. We reserve
the right to require any notices from you be submitted to us
in writing, and we may refuse to send certain information
through unsecured e-mail communications. If you need to
contact the Credit Union immediately regarding an
unauthorized transaction, stop payment request, or
otherwise, you may call the Credit Union at the telephone
number 843-393-0426..
You expressly consent and agree to us, our agents or any
parties we authorize sending and your receiving any
communications hereunder by facsimile or other electronic
methods including any offers for Credit Union, affiliate or
third party services and/or products.
6. Links to Other Sites. Our website may contain links to
third party websites. These links are provided solely as a
convenience to you and not as an endorsement by the Credit
Union of the contents on such third-party website. Credit
Union is not responsible for the content of linked
third-party sites and does not make any representations
regarding the content or accuracy of materials on such third
party websites. If you decide to access linked third-party
websites, you do so at your own risk.
7. Controlling Law and Users Responsibilities. Our web
site and the electronic services that we provide (excluding
linked sites) are controlled by the Credit Union from its
principal offices in South Carolina, which law governs this
Agreement. While you may choose to access our web site and
electronic services from other locations, we make no
representation that any information, materials, or functions
included in our web site or via our electronic service are
appropriate or authorized for use in other jurisdictions.
Your access from other locations is made on your own
initiative; and you are solely responsible for compliance
with any applicable local laws and regulations. |
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