Disclosure Update Notification:
This disclosure has been updated. See highlighted sections below for changes to various Sections. In addition, the Remote Deposit Services Agreement has been combined with this disclosure.
In these TERMS, CONDITIONS, AND DISCLOSURES, the words "we", "us", "our" and "Texans" refer to Texans Credit Union. The words "you", "your" and "member" refer to each person or business applying for home banking services and each account owner or other person authorized to transact business on any Texans account which may be enrolled in and accessed by way of the Texans Online Banking Services and/or Texans Mobile Banking Services (the "Services"). As used herein, "Access Device" means any electronic device such computer, tablet, smartphone or other hardware used to make or process a transaction, and/or any codes, passwords or personal identification numbers (PIN) used to access and/or utilize any account or other services.
Texans may provide access to your accounts and Services through the use of fingerprints or other biometrics. You may elect to the use of such biometrics, and, if so, will cooperate with Texans in implementing any new technology. Biometric technologies may be used for authentication of your identity. A biometric identifier measures an individual’s unique physical characteristics and compares it to a stored digital template for authentication. A physical characteristic can be a thumbprint, fingerprint, facial recognition or iris pattern. A biometric identifier can be one of several methods used to access the Services.
Fingerprint authentication technology software can be disabled through the Settings Menu in the Texans mobile application.
Important notice on biometrics: When you enable biometric access, every person with a recognized fingerprint may access your accounts, view your information, conduct transactions on your behalf, and has your authority to engage in these activities. Use of biometrics may expand the number of persons who have access to your account regardless of the signers listed on your account agreement with us.
IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY INDIVIDUAL(S) WITH ACCESS TO YOUR DEVICE(S) AND SERVICE(S) HAVE APPROPRIATE PERMISSION AND AUTHORITY TO CONDUCT FINANCIAL TRANSACTIONS ON YOUR ACCOUNT(S). TEXANS HAS NO RESPONSIBILTY TO VERIFY THE AUTHORIZATION OF EACH BIOMETRIC USER AND IT IS ASSUMED THAT EACH HAS AUTHORITY TO CONDUCT TRANSACTIONS ON YOUR ACCOUNTS. FURTHER, IT IS YOUR RESPONSIBILITY TO ENSURE THAT NO UNAUTHORIZED MODIFICATIONS TO YOUR ACCESS DEVICE SOFTWARE OCCUR, AS THESE MODIFICATIONS CAN CAUSE SECURITY VULNERABILITIES.
By using the Services or by authorizing anyone else to use the Services, you agree to these Terms, Conditions, and Disclosures and you authorize us and any third party acting on our behalf to serve as your agent in processing payments to targeted merchants, and making transfers to and from targeted accounts pursuant to your payment and transfer instructions. Your authorization will remain in effect until revoked by either you or us in writing. If you revoke your authorization, the revocation will not be effective until we have received your revocation and have had reasonable time to act upon it. In addition to these Terms, Conditions, and Disclosures, your use of the Services is subject to and governed by the Texans Membership Account Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures. Please refer to those agreements and the provision which appears below for important information about your obligation to safeguard your Access Device. Further, Texans reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
By agreeing to these Terms, Conditions and Disclosures and registering for the Services, you consent to receive electronically all notices, disclosures, agreements and communications from us about the Services and any of the products that you access or for which you may apply through the Services, together with any amendments we may make from time to time to any such disclosures or agreements. Your consent includes any disclosures that we may make in connection with the Services. All agreements entered into by electronic means will be deemed valid, authentic and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to Texans. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Services. By consenting and accepting the terms and conditions of this Agreement, you represent and warrant that you are authorized to do so on behalf of all Owners for the Accounts.
You may withdraw your consent to receive future electronic disclosures anytime by emailing us at firstname.lastname@example.org. However, if you withdraw your consent, you will no longer be eligible to utilize the Services. Your withdrawal of consent will become effective after we have received it and have had reasonable opportunity to act upon it. If your email address or any of your other contact information on file with us changes, you must provide your updated information to us via the Services or by mailing the changes to Texans Credit Union, Attn: Support Services Department, P.O. Box 853912, Richardson, TX 75085-3912. Please include your name and member number when contacting us. You agree that these are reasonable procedures for sending and receiving electronic Communications.
We may, from time to time, introduce new Services or enhance the existing Services. We will notify you when these new or enhanced Services are made available.
Questions concerning the Services, including Texans online banking, mobile banking and bill payment questions or problems, should be directed to Texans Credit Union (972) 348-2000 or (800) 843-5295 during our normal business hours. Mail may also be addressed to:
Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912
Or you may send an e-mail to Texans direct from the Services.
To subscribe to the Services, you must maintain at least one account with Texans which may include the following types of accounts: share account, checking account, money market account, certificate of deposit, Individual Retirement Account, and loan or line of credit ("Accounts").
Texans reserves the right to refuse to open an Account or to deny Member the ability to access the Services, to limit access or transactions or to revoke a Member's access to Services without advance notice to Member.
The Services will provide you access to your Account via an Access Device by entering your Member Number as the User ID and Texans Self Service PIN as the Password. You will be prompted to change your User ID and password as soon as you access your account. Your User ID may be a minimum of six (6) characters and a maximum of eighteen (18) characters in length and consist of letters and numbers. Your password may be a minimum of eight (8) characters and a maximum of twelve (12) characters in length and must include upper and lower case characters, numbers and a special character.
The Service is accessed through an Access Device and network connection to electronically connect with account information and services that allows you to view account balances and transaction information, transfer funds among accounts, enroll in Bill Pay and pay bills from designated accounts, send secure electronic mail to Texans and receive electronic mail from Texans, affect stop payments, make address changes, request copies of checks and statements, access electronic statements and reorder checks.
You may generally access certain Accounts through the mobile browser and receive certain information through text messaging under the Services, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any internet access services.
Under certain circumstances, you will be charged a monthly fee for the Services. If a fee is charged, we will assess the charges against your checking account or against your share account if there are insufficient funds in your checking account at the time that the fee is assessed. You will not be charged any monthly fee for accessing your account through your use of the Services. If you use the Texans Bill Payment service, a monthly fee may apply based on the checking product. . Please refer to your Membership Account Agreement for information as to which accounts are assessed a fee. These fees may change from time to time. We will notify you in advance of any such change. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
What is a "Personal" Account?
A personal account is one held by a natural person which is established primarily for personal, family or household purposes. You represent and agree that any account which you may establish with us in the name of a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a club, or similar non-natural person entity is not established for personal, family, or household purposes.
Your Liability for Unauthorized Transfers
If you believe your Access Device has been lost, stolen or compromised; notifying Texans immediately via telephone is the best way of keeping your potential losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit, if any). If you tell us within two business days, you can lose no more than $50 if someone used your Access Device without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Access Device and we can prove we could have stopped someone from using your Access Device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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.
You acknowledge and agree that the procedures and instructions set out in these Terms, Conditions and Disclosures, and our Membership Account Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures, regarding the security and safekeeping of your Access Device, and the security of online banking and mobile banking transactions in general, are reasonable and you agree to be bound by and to comply with those procedures and instructions.
For any transfer you make, the Available Balance, as defined in your Membership Account Agreement, in your Account, not including overdraft protection if applicable, must be sufficient to cover the transfer. If we do not complete a 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:
Error Resolution Notice
In case of errors or questions about Online Banking Transfers, call:
(972) 348-2000 or (800) 843-5295
Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912
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. We must hear from you no later than sixty (60) days after we send you 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 ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 ten (10) business days, we may not credit your account. For transactions initiated outside the United States, we will have twenty (20) business days instead of ten (10) business days, and ninety (90) calendar days instead of forty-five (45) calendar days, unless otherwise required by law, to investigate your complaint or question.
For errors involving new accounts we may take up to 90 days to investigate your complaint or question, and we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If there is an error on an electronic transfer made through Texans Bill Payment Service, call (972) 348-2000 or (800) 843-5295 for resolution.
What is a "Business" Account?
A business account is an account that is established by a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a club, or similar non-natural person entity. You acknowledge and agree that any account established by any such entity shall be for business purposes only and shall not be for personal, family or household use.
Your Access Device and Your Liability for Unauthorized Transfers
You acknowledge and agree that it is your responsibility to notify us in writing of any possible unauthorized use of your Access Device. Your limited liability for unauthorized transfers on personal accounts will not apply to transfers made to or from Business Accounts. You agree that losses from the unauthorized use of your Access Device on your business accounts will be your sole responsibility and that we are not liable for any such losses under any circumstances.
From time to time, we may communicate with you and others authorized to use your account or your Access Device. We will send those communications to your address as reflected in our records, and you agree that we will have no liability to you or to any other person if our communication to you is stolen or otherwise intercepted by any person at any time.
You acknowledge and agree that the procedures and instructions set out in these Terms, Conditions and Disclosures, and our Membership Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures, regarding the security and safekeeping of your Access Device, and the security of Services transactions in general, are commercially reasonable and you agree to be bound by and to comply with those procedures and instructions. Authorizations given to other persons will be considered unlimited in amount and manner until you notify us and we have had a reasonable opportunity to act on your notification.
If we allow a payment or transfer to be made in an amount in excess of the amount you instructed, our liability to you will be limited to the amount erroneously transferred or paid. You agree that, prior to reimbursing you, we may first make reasonable efforts to recover amounts erroneously transferred or paid from the transferee. In the event that we allow a transfer or payment to be made in an amount that is less than the amount you instructed, or if we delay or fail altogether to make a transfer or payment in keeping with instructions we receive from you, our sole liability shall be to make the payment or transfer in keeping with your prior instructions within a reasonable time. Under certain circumstances, we will have no liability whatsoever if we do not complete a transfer to or from your account on time or in the correct amount. We will NOT be liable, for instance:
If you believe your Access Device has been lost or stolen, you should change your Password on your Online Banking account immediately. If you believe that someone has transferred or may transfer money from your account without your permission, call:
(972) 348-2000 or (800) 843-5295 or write
Texans Credit Union
Attn: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912
For business accounts, written notification is required.
Internal Funds Transfers allow you to transfer funds between your Accounts at Texans. In addition, you may make transfers between you accounts from other accounts within Texans – Checking, Shares, Money Market and loans – which you are authorized to use. These "other accounts" are accounts in which you are not an account owner. The owner of the "other accounts" must complete and sign the Online Banking form or Online Banking Modification form and expressly authorize you to access the "other accounts." By doing so, the account owner acknowledges and agrees to grant you, the member named in such form, complete Internet access to the listed "other accounts." By doing this, the account owner also agrees that the authorization will supersede any prior authorization, and will continue in effect until we receive written revocation and have a reasonable time to act upon it.
Business accounts, other than Sole Proprietorship accounts, may not be linked to personal accounts. You agree that we will not be liable for any damage or loss occasioned by transfers between sole proprietorship and personal accounts, whether or not any such transfer is authorized, unless otherwise provided by applicable law.
Funds Transfer Cancellation Requests
You may cancel or edit any scheduled funds transfer (including recurring funds transfers) by following the directions within the Service. There is no charge for canceling a scheduled funds transfer. Once Texans has begun processing a funds transfer it cannot be cancelled or edited.
Limitations on Transfers From Your Money Market Account and Share Account Using the Online Banking Services
Government regulations restrict the number of pre-authorized and telephone transfers (including transfers by way of data transmission) from your Money Market Account or your Share Account to no more than six (6) per month. No more than six (6) transfers can be made by check drawn on your Money Market Account. Transfers made through the Services are included when computing the permissible number (6) of monthly transfers made. If you exceed the number of transfers permitted, your account may be subject to closure. Please refer to the Truth-In-Savings Disclosures in your Membership Account Agreement for more information concerning transaction limitations.
Note: Money Market Account includes the Texans Money Market, Select Money Market, and Performance Money Market on both Personal and Business Accounts.
Internal Transfer Limits
Internal Transfers are limited to the available balance in the account and to a minimum of $.01 and a maximum of $999,999.99 per transaction. If your transfer exceeds the balance in the account or the maximum amount stated above, it will not be processed.
External Transfer Limits
You may make transfers to and from accounts in your name held at external financial institutions. External transfers are limited to $2,000 per day (inclusive of outstanding transactions) or $5,000 per rolling 30 days per member. The rolling 30 days includes all transfers scheduled to process during the next 30 days (including the current day). A transfer can take between 3-4 banking days to process. A scheduled transfer must be completed prior to initiating a new transfer if the dollar amount of one or more back-to-back scheduled transfers exceeds the daily and outstanding transfer limits. If "back to back" transfers that exceed the daily and outstanding transfer limits are scheduled, all transfers after the limit has been met will automatically be cancelled.
Selection of the Bill Pay Service will enable you to make payments (either one-time or recurring payments) via an Access Device from your designated checking account to third parties as you direct; and use the bill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information. By choosing to use the Bill Pay Service in addition to the Service, you agree to be subject to the terms and conditions outlined in this document.
"Bill Pay Service" means the bill payment service offered by Texans through Fidelity National Information Services Inc. "FIS" (together, "Provider").
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
"Payment Instruction" is the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Send-On Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Send-On Date" is the day you want the payment sent to your biller and is also the day your Payment Account will be debited.
"Pending Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.
"Provider" means Texans Credit Union
By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf on or after the Send-On Date designated by you. You also authorize the Provider to credit your Payment Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller.
The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability and any Bill Pay Service Guarantee shall be void if the Provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a check payment.
You may cancel or modify any Pending Payment up to 12:01 AM Central Standard Time (CST) on the payment Send-On date. Once the Bill Pay Service has begun processing the Payment Instruction, it cannot be cancelled or edited; therefore, a stop payment request must be submitted only for bills paid via paper check. You may not submit a stop payment after a Payment Instruction has been sent electronically. If you need to stop a payment that has been paid via paper check, you will need to call:
(972) 348-2000 or (800) 843-5295
Texans Credit Union
ATTN: Support Services
P.O. Box 853912
Richardson, Texas 75085-3912
If you request Texans cancel a payment on your behalf prior to the Send-On date, you may call or write and the request must be received by Texans three (3) business days or more before the payment Send-On date. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.
Liability for failure to stop payment. If you order us to stop one of these payments three (3) business days or more before the payment is scheduled, and we do not do so, we will be liable for your losses or damages. See Business Account disclosures above for information concerning our liability for transfers to and from Business Accounts.
Payments to Billers outside of the United States or its territories are prohibited through the Bill Pay Service.
Tax payments and court ordered payments are prohibited. We reserve the right to refuse to make any payment, but will notify you of any such refusal within two (2) business days following receipt of your payment instruction. In no event shall the Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Provider has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, miss-posted or misdirected exception payments will be the sole responsibility of you and not of the Provider.
This feature is for the presentment of electronic bills only. In addition, if you elect to activate one of the Bill Pay Service's electronic bill options, you also agree to the following:
Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
In using the Bill Pay Service, you are requesting the Provider to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction and Courtesy Pay is not available), the transaction will not be completed. If this occurs, you will receive a notice from the Provider, be suspended from the Bill Pay Service and all future scheduled bill payments will not be paid until you reimburse the Provider. In such case, you agree that:
The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Provider.
The Account Alert Service is offered to eligible accounts, allowing you to request and receive messages about your Texans account(s). You may receive alerts via email message(s) and/or text enabled cell phones or pagers. Each alert will be effective after set up of the alert parameters and delivery points using the Alert Service. You must be enrolled in the Online Banking Service to sign up for and use the Account Alert Service.
You accept that each alert may not be encrypted, and may include your name and information pertaining to your account(s). The alert will never contain your full account number. The information contained in an alert is as of a specific time and date. Receipt of each alert may be delayed, or prevented by factor(s) affecting your internet service provider(s), phone operator(s), and such other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any alert. Texans will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any alert; (b) inaccurate content in an alert; (c) your use or reliance on the contents of any alert for any purposes. Texans reserves the right to terminate any request from you, for any alert, at any time. The information in any alert may be subject to certain time lags and/or delays. You will manage the types of your alerts, and the alerts may be stopped, or suspended by you at any time.
Either you or Texans may terminate your use of the Alerts Service at any time without notice.
Enrollment in text services requires identification of your banking relationship with Texans as well as providing a mobile phone number. Standard messaging charges apply for text messages provided by Texans combined with your handheld's text messaging capabilities. In case of questions, please contact Texans at 972-348-2000 or 800-843-5295.
You may be able to download specific information from the Services into Quicken®, and other software applications. It is your responsibility to obtain a valid and separate license agreement with the provider of the software application. You understand and agree that:
You agree and understand that:
You agree that Texans will not be liable to you for:
All payments and transactions made via the Services will be listed on your monthly account statement (the "Statement") that you receive from us.
We will disclose information to third parties about your account or the transfers you make; (i) where it is necessary for completing transfers, (ii) text messages from the Alerts Service or (iii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iv) in order to comply with government agency or court orders, or (v) if you give us your written permission.
You are solely responsible for the maintenance, installations and operation of your Access Device and for the software used in accessing the Services. Texans shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your Access Device or software, nor will Texans be responsible for any technology virus that affects your Access Device or any software while using the Services. By accessing the Services through the World Wide Web, you agree that Texans shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees). Additionally, you must have an internet service provider, an email address, and a browser to utilize Services through the Internet.
Your use of the Services confirms your agreement to and understanding of the terms and conditions contained herein. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential.
Never share your User ID / Password, or other personal account information. If you provide your Password or Texans Self Service PIN to any other person, you agree that you will instruct them to keep them strictly confidential. Any person having access to your Access Device will be able to access the Services and perform all transactions including reviewing account information and making transfers to other accounts and to other persons. All transactions initiated by those with whom you shared information will be considered authorized by you, regardless of whether you intended those transactions to be made. Texans Credit Union staff members will never ask for your Password or Texans Self Service PIN by phone, mail or e-mail.
It is your sole responsibility to ensure that the contact information in the Services is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by visiting a branch or contacting Texans at 972-348-2000 or 800-843-5295.
You agree to provide us with a current email address to receive email notifications and disclosures from Texans. You must immediately notify Texans of any changes or updates to your email address or if it becomes inoperative or inactive. You agree to immediately identify another email address to be used for the Services. You also agree that Texans is under no obligation to re-transmit any notifications to you that were returned "undeliverable" or otherwise rejected for delivery. Email will be the only notice you will receive advising you that electronic records have been posted to your account.
If you do not sign in to the Services or have not scheduled bill payments through the Services for 90 days or more, we may cancel your Services without further notice.
Our business days are Monday through Friday 9:00 AM to 5:00 PM. Holidays observed by Texans Credit Union are not included.
In addition to the above content, if you decide to use either FinanceWorks or the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use FinanceWorks solely to manage your financial data, and the purchase rewards application ("Purchase Rewards Offers") to benefit from your debit card purchases.
In addition, FinanceWorks and Purchase Rewards Offers shall also include any other programs, tools, internet-based services, components and any "updates" (for example, maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.). Certain FinanceWorks and Purchase Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of FinanceWorks or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations , use any tool to enable features or functionalities that are otherwise disabled, or decompile, disassemble, or otherwise reverse engineer the applications except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of FinanceWorks or Purchase Rewards Offers or any services provided in connection with them, prevent access to or use of FinanceWorks, Purchase Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure; or (vii) otherwise use FinanceWorks, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.
OWNERSHIP. FinanceWorks and Purchase Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
YOUR INFORMATION AND ACCOUNT DATA WITH US. You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access FinanceWorks, Purchase Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with FinanceWorks, Purchase Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to FinanceWorks, Purchase Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide FinanceWorks, Purchase Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change usage limits, including but not limited to (i) the amount of storage space you have available at any time, and (ii) the number of times (and the maximum duration for which) you may access the service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of FinanceWorks and any related services to which such changes relate. Your continued use of FinanceWorks or any related services will constitute your acceptance of and agreement to such changes. Maintenance of FinanceWorks or any related services may be performed from time-to-time resulting in interrupted service, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
THIRD PARTY SERVICES. In connection with your use of FinanceWorks, Purchase Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
THIRD PARTY WEBSITES. FinanceWorks may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in FinanceWorks, Purchase Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
EXPORT RESTRICTIONS. You acknowledge that FinanceWorks may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export FinanceWorks, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
PURCHASE REWARDS OFFERS. If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.
Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
You understand and agree that you are required to indemnify and hold Texans, its officers, employees, affiliates, agents and representatives harmless against any and all claims, actions, damages, liabilities, costs, fines, judgments and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify and hold harmless our technology partner, Digital Insight, its affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Texans or the member’s use of the Services or Digital Insight applications, including infringement claims, unless such claim directly results from an action or omission made by Digital Insight in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, ALONG WITH OUR SOFTWARE SUPPLIERS AND INFORMATION PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
YOU AGREE THAT NEITHER TEXANS NOR DIGITAL INSIGHT WILL BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, ATTORNEY’S FEES OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED IN ANY MANNER WHATSOEVER TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, OR UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
No waiver of any of the foregoing terms and conditions shall be effective unless it is in writing and signed by an authorized officer of Texans, and no waiver shall be deemed to imply or constitute a continuing waiver or a waiver of any other term or condition.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the agreement as possible.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas to the extent not pre-empted by applicable federal law. Venue for any action shall lie in Dallas County, Texas.