Terms & Conditions
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND LIMITS YOUR RIGHTS TO A JURY TRIAL.
1.The Services.The Credit Union offers a number of services to help monitor your personal information for fraud (collectively, the “Services”). Details and pricing for the Services are described in the enrollment materials provided separately. You must be 18 years of age or older and a resident of the United States of America to enroll in the Services. The Services are provided by CSIdentity Corporation, a trusted partner of the Credit Union. CSIdentity Corporation is an independent contractor of the Credit Union and is not our agent. By enrolling in or using the Services, you authorize us and our service providers to take all necessary actions in order to provide the Services for which you have requested and been approved.
3.Your Information. When enrolling in the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver’s license number, and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for the Services, and to fulfill our obligation to provide the Services to you, including communicating with third parties as necessary to provide such services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.
4.Use of the Services. You represent and warrant that you will use the Services only for the purpose of protecting against or preventing actual fraud, unauthorized transactions, claims, or other liabilities for the person enrolled in the Services and for no other purpose.
5.Confidentiality. The confidentiality and security of your sensitive personal information is of the utmost importance to us. Our use and disclosure of your personal information is subject to our Privacy Notice, which is available on our website at www.gtfcu.org. We also require our service providers to implement and maintain commercially reasonable measures to protect your sensitive personal information.
6. Passwords and Account Security.You acknowledge and agree that you are responsible for maintaining the confidentiality of passwords associated with any portal you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur within the portal. If you become of any unauthorized use of your password or of your account, you agree to notify us immediately.
7. Billing. When you enroll in the Services, the Services will continue on a month-to-month basis until you cancel. Fees for the Services will be charged monthly. You authorize us to charge payments to the form of payment you have designated. We reserve the right to cancel the Services immediately if we do not receive timely payment.
8.Fair Credit Reporting Act.The Fair Credit Reporting Act allows you to obtain from each of the nationwide credit reporting agencies (Equifax, Experian, TransUnion) a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from the nationwide agencies. The credit reports provided through the Service are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you may visit www.annualcreditreport.com. You may also request your free annual report by calling toll-free (877) 322-8228 or by writing to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You may be entitled to a free copy of your credit report from a credit reporting agency under certain other circumstances, and you may have certain rights under state law to obtain your credit report. Contact the credit bureau for more information concerning any additional rights you may have. The nationwide credit reporting agencies may be contacted at:
Experian: 1-800-EXPERIAN (1-888-397-3742)
Except as indicated herein, a credit reporting agency may impose a reasonable charge for providing a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY OF THE CREDIT BUREAUS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN, TRANSUNION, OR ANY OTHER CREDIT REPORTING AGENCY.
(a) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THE JURISDICTION APPLICABLE TO YOU WILL APPLY AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Your access, use and reliance upon the Services is at your own risk. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIETHER THE CREDIT UNION NOR CSIDENTITY CORPORATION AND ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, THE CREDIT UNION AND CSIDENTITY CORPORATION AND ITS DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE CONTINOUSAND UNINTERRUPTED AVAILABILITY OF THE SERVICES, THE INFORMATIONAL CONTENT, THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND THE CREDIT UNION AND CSIDENTITY CORPORATION SHALL NOT BE LIABILE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR THE DATA THEREIN.
(c)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10.Limitations of Liability.
(a) THE CREDIT UNION AND ITS SERVICE PROVIDERS WILL NOT BE LIABILE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) AND RELATED ATTORNEY’S FEES AND COSTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR WILL WE OR OUR SERVICE PROVIDERS BE LIABLE TO ANYONE FOR ANY FAILURE OR DELAY OF PERFORMANCE CAUSED BY SOMETHING BEYOND OUR REASONABLE CONTROL.WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMING IF SUCH PEFORMANCE WOULD VIOLATE APPLICABLE LAW. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF YOUR ACTS, ERRORS, OR OMISSIONS OR THOSE OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) THE CREDIT UNION AND ITS SERVICE PROVIDERS WILL NOT BE LIABILE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR THE SITE;
(ii) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(iv) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
(c) THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
11.Indemnification.YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR SERVICE PROVIDERS, AND THE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OF EACH AND ANY OTHER THIRD-PARTY PROVIDERS OF INFORMATION OR THE SERVICES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS, INCLUDING WITHOUT LIMITATION, MISUSE OF THE SERVICES OR YOUR VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS. IN THE EVENT THAT WE ARE SUBJECT TO ANY CLAIM FOR WHICH WE HAVE THE RIGHT TO BE INDEMNIFIED BY YOU, WE WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL IN NO EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
12.Changes and Termination. We may modify, add to, or terminate the Services in whole or in part at any time in our sole discretion. We will attempt to notify you in advance of such changes, but in some cases it may be necessary to implement changes without advance notice. We may post changes to the Services within the Services portal, and you agree to monitor the portal regularly for such changes. You may terminate the Services at any time by accessing the cancellation feature within the Services portal or by calling the telephone number designated within the Services portal. Termination will prevent automatic renewal of your subscription in the month following the cancellation date. Services will continue until the close of the month in which you have cancelled, provided your Credit Union accounts remain open. Charges for the Services are non-refundable and pro-rated refunds are not provided for partial-month cancellations.
We may terminate your Services immediately if you breach these Terms in any material way, including without limitation, if we become aware or have a good faith suspicion of any fraud, willful misconduct, or unlawful conduct by you or anyone acting on your behalf in connection with the Services. We may also terminate your Services if required by law (for example, if provision of the Services becomes unlawful) or if we choose to no longer offer the Services to our membership in general. If we terminate the Services for cause, you will not receive a refund of any monthly charges already incurred.
13. Dispute Resolution. In the event of a dispute under these Terms that cannot be resolved informally or in small claims court, the parties agree to submit the dispute to arbitration under the rules of the American Arbitration Association, upon written notice of demand for arbitration by the party seeking arbitration, setting forth the specifics of the matter in controversy or the claim being made. The arbitration shall be heard before an arbitrator mutually agreeable to the parties; provided that, if the parties cannot agree on the choice of an arbitrator within 10 business days after the first party to seek arbitration has given written notice, the arbitration shall be heard by three arbitrators, one to be chosen by each party, and the third to be chosen by the two arbitrators. A hearing on the merits of all claims for which arbitration is sought by any party will commence no later than 60 days from the date of the first demand for arbitration. The arbitrators shall have no authority to award punitive damages or other relief not based on a party’s actual damages. The arbitrators shall have no authority to consolidate claims asserted by multiple claimants or otherwise adjudicate the matter on a class-wide basis. The arbitrators must render a decision within 10 business days after the conclusion of such hearing. Any award in such arbitration shall be final and binding upon the parties and a judgment based on such decision may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary equitable relief to prevent material and irreparable injury.
(a) No waiver of any breach or of any provision of these Terms or of any other agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. All rights and remedies under this Agreement are cumulative and not alternative. If any court of competent jurisdiction or arbitrator finds any part or provision of these Terms or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms or any other agreement between you and us.
(b) These Terms constitute the entire legal agreement between you and us and completely replace any prior agreements between you and us with respect to the Services. Any purported oral agreements or promises not expressly set forth in these Terms are of no force or effect.
(c) These Terms are governed by Texas law, without regard to any conflict of law provisions, and the Credit Union’s policies and procedures as amended from time to time. Subject to Section 13 above concerning arbitration of disputes, you agree that any legal action arising out of or related to these Terms shall be brought in county of the Credit Union office where you opened your account.
(d) If you provide us with any comments, suggestions, or ideas (collectively, “Feedback”) in connection with your use of the Services, you agree that such Feedback becomes the property of the Credit Union and our service providers and may not be treated as confidential. We have no obligation to you if you provide Feedback, and we may use, copy, or distribute your Feedback to others for any purpose and without financial compensation to you.
(e) Neither the Credit Union nor its service providers are a credit repair organization or similarly regulated organization under other applicable laws and do not provide credit repair advice. Further, the Credit Union is not authorized to underwrite insurance products for its members, and any such underwriting is performed by the Credit Union’s service providers or their contractors.
(f) The names, trademarks, service marks, logos and other identifying marks for the Services and those of the Credit Union and its service providers are the property of their respective owners and may not be used or reproduced without their express written consent.
(g) You agree to the use of electronic signatures and documents in connection with these Terms and the Services. You agree that any electronic signatures that you provide in connection with these Terms or the Services are valid and enforceable as your legal signature and will legally bind you to these Terms as if you had hand-signed the documents.
(h) The parties agree to do such further acts and things and execute and deliver such further documents as are reasonably necessary to effectuate the purpose or carry out these Terms or to better assure and confirm to the requesting party its rights, powers, and remedies.
(i) The titles and headings of the various sections of these Terms are for the sole convenience of the parties and are not intended for any other purpose or to explain, modify, of place any construction on any of the provisions of these Terms.
(j) You may not assign, transfer, sell, convey, or otherwise alienate any of its rights, duties, or obligations hereunder without the prior written consent of Credit Union or its service providers. Any such unauthorized assignment, sale, or conveyance shall be void.
Copyright 2019. Greater Texas Federal Credit Union. All rights reserved.