Welcome to Account Link by CashEdge - the next generation of online personal finance management. With our fully interactive online funds transfer service ("Account Link" or the "Service"), you may transfer funds from an account held by you at another financial institution to an account held by you at Texans Credit Union. You may also transfer funds from any of your accounts at Texans to any other account held by you or another person at the same or another financial institution (referred to in this agreement as "Accounts") assuming that the transfer is permitted by your financial institution and by law.
In order to use Account Link, you must be a member of the Texans Credit Union (referred to hereafter as "Texans ") and use the Texans Online Banking Product.
Please take a few minutes to read this Service Agreement (referred to throughout as the "Agreement"). Any reference to "CashEdge" in this Agreement includes any director, officer, employee, contractor, agent or licensee of CashEdge. As used in this Agreement, the words "you" and "your" refer to you as the user of the Service; the words "we," "us," "our" and any other variation thereof refer to Texans and CashEdge.
Acceptance of Terms
When you complete the registration process by validating your email address and account ownership, and by accessing Account Link after the validation, you agree to accept the terms and conditions of this Agreement (the "Terms"), including any amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined based on specific criteria. If you do not agree to all of the Terms, do not complete the registration process. If you do not accept and agree to all of the Terms, you will not be entitled to use Account Link. Texans and CashEdge reserve the right to change the Terms under which this Service is offered at their discretion at any time; however, Texans will notify you of any material change to the Terms. In most cases, you will receive the notice online the next time you log in; 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 Account Link after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement at any time by clicking on "Terms of Service". If you do not agree to the changes, or if at any time you wish to discontinue your use of Account Link, you can unsubscribe by selecting that option under "Edit your profile" or, if you prefer, by sending a registered or certified letter to Texans Credit Union, Attn. Online Banking Department, P.O. Box 853912, Richardson, Texas 75085-3912. Once your account with CashEdge has terminated for any reason, you will have no further right or access to use Account Link. To use Account Link, you must be at least eighteen (18) years old and be a resident of the United States.
Texans and CashEdge reserve the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using Account Link 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.
Once you are approved for Account Link we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.
Subject to the Privacy Policies of Texans and CashEdge, you agree that we may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to us for the purpose of providing Account Link, and you hereby give Texans and CashEdge a license to do so. By submitting Content, you represent that you have the right to license such Content to us for the purposes set forth in this Agreement.
You understand that in order to complete fund transfers, it is necessary for Texans or CashEdge to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and affect the fund transfers you request. By using Account Link, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Texans and CashEdge to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
For as long as you are using Account Link, you give to Texans and CashEdge a limited power of attorney and appoint Texans and CashEdge as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect online funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the Content and authenticity of any funds transfer instructions for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Texans and CashEdge have actual knowledge that you wish to cease using Account Link as provided in this Agreement or as otherwise permitted in this Agreement and have a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Texans or CashEdge in good faith before they have actual knowledge of your termination of the Service and a reasonable opportunity to act on such knowledge, shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider is independent of Texans and CashEdge and your use of Account Link. Texans and CashEdge will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN TEXANS AND CASHEDGE ARE EFFECTING AN ONLINE FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, TEXANS AND CASHEDGE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Texans and CashEdge, their affiliates and partners, shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
YOU AGREE THAT TEXANS AND CASHEDGE SHALL NOT BE LIABLE, AND YOU AGREE TO INDEMNIFY US, FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) ACCESS TO THE ACCOUNTS; (2) A DEBIT AND/OR CREDIT OR THE INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY ONLINE FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for Account Link online funds transfer. Be sure to check with your financial institution for restrictions regarding transfers among your savings, trusts, loans, custodial, business, corporate, retirement (401k, IRA, etc.), and other account types. Texans and CashEdge are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
A. General Consent; Categories of Records. Account Link is an electronic, Internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications ") may be provided by electronic means:
Although Texans and CashEdge reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing". You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
B. How to Withdraw Consent. If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service. There are no fees to cancel a pending transfer request as long as such cancellation is made within the time period permitted by the Service cancellation policies.
C. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Texans or CashEdge sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you five (5) business days after Texans or CashEdge posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Texans or CashEdge's e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
D. Hardware and Software Requirements. In order to access and retain Communications, you must have:
To enable you, and only you, to use Account Link, you will be asked to choose a password when you register and are accepted as a customer of Account Link. This password is stored in encrypted form by CashEdge. You are responsible for maintaining the confidentiality of your CashEdge User ID and password. No one at Texans or CashEdge has access to your Accounts passwords or user ID's. You are responsible for all uses of Account Link whether or not they are actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR USER ID OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Texans or CashEdge will know or need to know your password, and Texans or CashEdge employees will never ask for your password.
You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us promptly is the best way to protect yourself from possible losses. If you never tell us, you could lose all of the money in your account (plus the maximum overdraft and courtesy pay fees). However, if you tell us within 2 business days, 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.
You can see a complete statement of all your completed and pending Account Link transfers by clicking on the History tab at any time. If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the transfer was posted to your statement, 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. Our business days are Monday through Friday. Holidays observed by Texans are not considered business days.
Transfer Types and Limitations
(1) Types of Transfers
You may use your Account Link password to transfer funds between any two of your Accounts about which you have provided the necessary information to CashEdge. Transfers can be made between Accounts within Texans or between your Texans Accounts and an account at another financial institution (although transfers between Accounts at Texans may be processed more efficiently by using Texans Online Banking or by contacting Texans directly).
Some of these services may not be available at all times. Texans and CashEdge may from time to time make available additional or new features to Account Link. You will be approved or declined for any such additional service at Texans or CashEdge's sole discretion and additional terms and conditions may apply. Texans or CashEdge may at any time decline to approve any transfer that it believes may violate applicable law.
(2) Frequency of Transfers
Texans and CashEdge do not limit the number of online funds transfers you may make; however, you may not make transfers in excess of the number allowed by the rules governing the applicable Accounts. 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 Account Link.
(3) Dollar Amount of Transfers
You may not make online funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using Account Link. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by Texans or CashEdge.
(4) Transfers subject to the Rules of the Accounts
Additionally, all online funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such Accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
(5) Rejection of Transfers
We reserve the right to decline to effect any online funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests. We reserve the right, without liability or recourse by you, 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 Texans or CashEdge to liability or risk of loss.
You authorize Texans and CashEdge to select any means to execute your online funds transfer instructions. You understand that to effect your transfer instructions we utilize the Automated Clearing House (ACH), and using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a recipient. Once your Account has been debited, we credit CashEdge's transfer account at its clearing bank. After CashEdge and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), CashEdge will credit your or the recipient's Account. The sole purpose for CashEdge's transfer account is to complete your funds transfer requests and to perform the services within the scope of this Agreement. Texans and CashEdge earn no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize Texans or CashEdge to collect from the Account to which the credit side of the funds transfer was sent. Texans or CashEdge reserves the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if Texans or CashEdge cannot collect the amount credited. To effect this collection, you understand and authorize Texans or CashEdge to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the funds transfer. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that Texans or CashEdge from time to time may impose additional charges in connection with your Account Link transactions. Texans or CashEdge will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize Texans or CashEdge to debit your account in the amount indicated. If the transaction activates courtesy pay, you will be charged the current courtesy pay fee without prior notification.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and CashEdge is unable to debit either the debited or the credited Account as set forth above, Texans and CashEdge reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. Texans and CashEdge will not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see "Documentation " below).
You understand and agree that in the event CashEdge is unable to execute your online funds transfer request utilizing the ACH, you authorize Texans and CashEdge to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels such as wire transfer or check, 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 Clearing House Interbank Payments System (CHIPS) or Automated Clearing House (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and any interest earned will be the property of CashEdge.
Suspension and Reinstatement of Service
In the event that Texans or CashEdge at any time incurs a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your online funds transfers as described above, and without limiting any other right or remedy that Texans or CashEdge may have under this Agreement or otherwise, Texans and CashEdge reserve the right to suspend your use of Account Link, immediately and without prior notice to you. You understand and agree that such action is reasonable for Texans and CashEdge to take in order to protect us from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims" below). Texans or CashEdge reserves the right at our sole discretion to grant or deny reinstatement of your use of the Service. In the event Texans and CashEdge agree to reinstate you, Texans and CashEdge 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 applicable to you. Based upon your subsequent usage of the Service, Texans and CashEdge at our sole discretion may thereafter restore your ability to affect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers " above).
You may access a statement of all Account Link transfers effected or pending at any time by clicking on the History tab. If a transfer could not be completed, CashEdge, upon learning that the online funds transfer has failed, will make a reasonable effort to complete the transfer again. If the online funds transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.
Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit online funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may also rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, 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, Texans and CashEdge reserve the right to recover from you, without limiting other remedies, any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Contact in the Event of Unauthorized Transfer, Error Reporting and Claims
If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, or in case of errors or questions about your online funds transfers, telephone us at (972) 348-2000, option 5, or (800) 843-5295, option 5, or write to us at:
Texans Credit Union
Attn: Online Banking Department
P. O. Box 853912
Richardson, Texas 75085-3912
Please contact us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You can see a complete statement of all your Account Link transfers affected or pending at any time by clicking on the History tab. We must hear from you within 60 days after we FIRST posted the transfer to your statement.
(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 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 we committed an error 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/debit the applicable Accounts within 10 business days for the amount you believe is in error, so that you or your intended recipient 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/debit the applicable Accounts.
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. 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 financial institutions holding the Account or the account of your recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
You acknowledge and agree that CashEdge owns all rights in and to the online funds transfer service known as Account Link. 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 CashEdge's TransferNow service or any of CashEdge's services or technology.
No Unlawful or Prohibited Use
As a condition of using Account Link, you warrant to Texans and CashEdge that you will not use Account Link 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 warrant and represent that you will not use Account Link 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 warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Service Changes and Discontinuation
Texans or CashEdge may modify or discontinue the Service or your CashEdge account, with or without notice and without liability to you or any other user or any third party. Texans and CashEdge reserve the right, subject to applicable law, to terminate your CashEdge account and your right to use the Service at any time and for any reason, including without limitation if Texans or CashEdge, in their sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Texans or CashEdge, or if you provide Texans or CashEdge 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 Account Link.
You may terminate your account with CashEdge at any time by selecting that option under "Edit your profile" or, if you prefer, by sending a registered or certified letter to: Texans Credit Union, Online Banking Department, P. O. Box 853912, Richardson, Texas 75085-3912.. Once your account with CashEdge has terminated for any reason, you will have no further right or access to use Account Link, and CashEdge will not access your Accounts thereafter for any reason.
Links To Third Party Sites
The Texans or CashEdge websites may contain links to other websites that are not controlled by Texans or CashEdge ("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 Texans and CashEdge, their affiliates and partners are not responsible for the contents 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 financial institution at which an Account is maintained may contact us to verify the content and authority of online funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution any information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
Deviating from Security Procedures
You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such 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 funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
Joint Account Holder
In submitting your application for Account Link, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for Account Link. We will end your use of Account Link if any joint account holder notifies us that (i) he/she never consented to your use of Account Link, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he/she is withdrawing consent for you to operate the joint account.
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Texans or CashEdge are not responsible or liable if we are unable to complete a transfer due to the failure of your computer system or the failure of the computer system of the recipient's financial institution. Except as otherwise required by law, Texans or CashEdge shall in no other 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 hereunder. Additionally, Texans in no way will be liable for a breach of a representation or warranty contained solely on the website of CashEdge unless Texans agrees on the website to be so responsible.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant that you have enough money in the applicable Accounts to make any online funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the online funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making an Account Link transfer or if the Texans or CashEdge website was not working properly and you knew about the breakdown when you started the online funds transfer.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE ONLINE FUNDS TRANSFER SERVICE (ACCOUNT LINK) IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, NEITHER TEXANS NOR CASHEDGE ASSUME ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OF TRANSFERS OR THE FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF ACCOUNT LINK IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ACCOUNT LINK 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 ON THE CASHEDGE WEB SITE OR IN THIS AGREEMENT, CASHEDGE AND TEXANS 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 NEITHER CASHEDGE NOR TEXANS MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE FUNDS TRANSFER SERVICE (ACCOUNT LINK ), THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY CASHEDGE FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, NEITHER TEXANS NOR CASHEDGE WILL 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 ACCOUNT LINK, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY TEXANS OR CASHEDGE FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY YOU OR A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON ACCOUNT LINK, 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 TEXANS AND CASHEDGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TEXANS CREDIT UNION AND CASHEDGE, THEIR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF ACCOUNT LINK; TEXANS AND CASHEDGE'S RELIANCE ON THE INFORMATION, INSTRUCTIONS, LICENSE AND/OR AUTHORIZATION PROVIDED BY YOU UNDER OR PURSUANT TO THIS AGREEMENT; YOUR VIOLATION OF THE TERMS CONTAINED HEREIN, INCLUDING YOUR USE OF THE ONLINE FUNDS TRANSFER SERVICE FOR UNLAWFUL MEANS; OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR TEXANS ACCOUNT OR CASHEDGE ACCOUNT, OF ANY INTELECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
You understand and agree that CashEdge is not a bank, a broker-dealer firm, or any other kind of financial institution. 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 Service; and that you may rightfully authorize CashEdge 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. Texans or CashEdge's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Texans or CashEdge's 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, constitutes the entire agreement between you and us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding Account Link. This Agreement may be amended, or any of Texans or CashEdge's rights waived, only if Texans or CashEdge agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by Texans or CashEdge. 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 Texans or CashEdge's discretion. 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 New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the completion of the registration process, accomplished by validating your email address and confirming account ownership and by accessing the online funds transfer service after the validation, and the subsequent acceptance of your application for Account Link by CashEdge and Texans Credit Union.