Online Banking Agreement & Disclosure

Online Banking Agreement and Disclosure

This Online Banking Agreement and Disclosure (“Agreement”) describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Services”). It also describes the rights and obligations of Vantage West Credit Union (“Credit Union”). Please read this Agreement carefully.
By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. Our Online Banking and Bill Payment Services are intended for individuals 18 years of age or older.
Definitions & Requirements
The following definitions apply in this Agreement:

• “Authorized Representative” refers to a person with authority (with respect to the account);
• “Bill Payment” or “Bill Payment Platform” is the online service that enables the scheduling, cancelling, or changing of bill payments using a personal computer or mobile device;
• “Bill Payment Account” means your Credit Union checking account which is accessed through the Bill Payment Service;
• “ISP” refers to your Internet Service Provider;
• “Online Banking” is the internet-based service providing access to your Credit Union accounts
• “Online Account” means the Credit Union account from which you will be conducting transactions using a Service. You must have an existing account with us to enable our Online Banking service. An account means any of your account(s) to which we may allow access via the Service under this Agreement. Only a checking account is eligible for online Bill Pay privileges. We may make additional accounts available for Bill Pay from time to time as allowed by law.
• “Password” is the member-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that established your connection to the Service;
• “Internet Browser” is software used to connect to the internet;
• “PC” or “Mobile Device” means your personal computer, phone, or tablet which enables you, with the Internet browser and Internet Service Provider (ISP), to access your Online Account. You will need a computer, phone, or tablet with a modem and Internet browser that supports SSL with 128-bit encryption. You are solely responsible for the maintenance, installations, and operation of your computer, phone, or tablet. Vantage West Credit Union shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software.
• You should routinely scan your PC or Mobile Device using a reliable virus detection product. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Vantage West Credit Union shall not be responsible for any computer virus that affects your computer, phone, tablet, or software while using our Service.
• “Time of day” references are to Arizona Time;
• “User ID” is the Credit Union generated identification code assigned to you for your connection to the Service;
• “We”, “us”, or “the Credit Union” refer to Vantage West Credit Union and any agent, independent contractor, service provider licensor, designee, or assignee Vantage West Credit Union may involve in the provision of Online Banking.
• “You” or “your” refers to the owner of the account or a person with authority with respect to the account.
• In order to provide electronic disclosures, we must maintain a current member e-mail address at all times. It is your sole responsibility to provide us with your correct contact information, including your e-mail address. You should notify Vantage West Credit Union of any changes to your personal contact information.
• “Effective date” means the date in which the service was started.

2. ACCESS TO SERVICES

The Credit Union will provide instructions on how to use the Online Banking and Bill Payment Services. You will gain access to your Accounts Online through the use of your PC or Mobile Device, your ISP, your Password and your User ID. You may access your Accounts Online 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating, and/or revising the software.
For purposes of transactions, the Credit Union’s business days are Monday through Friday, excluding weekends and holidays recognized by Vantage West Credit Union. Bill Payments are processed on all business days that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business. Transactions which are requested on Saturdays, Sundays, or holidays on which the Credit Union chooses to remain closed, will be processed on the Credit Union’s next business day. The Credit Union’s business day begins at 8:00 AM, Arizona Time.

3. ONLINE BANKING SERVICE

a. Banking Transactions with Online Banking Service

1. Account Access. You may access your personal and business accounts online for a variety of transaction types. Online Banking transactions are not permitted on any Share Certificates and are limited to deposits only for Individual Retirement Accounts and Individual Development Accounts. Transaction history for your online accounts begins accumulating on the date your access to our current Online Banking service is activated. Up to 12 months of transaction detail and history is stored and may be viewed via the Service. Depending on the type of ownership, you (or anyone you have authorized to access your account) may be able to view, access, and conduct transactions on other accounts associated with your Social Security Number and/or Tax Identification Number associated with the Credit Union or if you use Account Aggregation or Budgeting Tools (Section 8). You may need to limit or change access to your accounts. Joint owners need separate log in access (Section 9).
2. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make withdrawal transfers to make loan payments and you may transfer funds among your checking and saving accounts (as limited by terms of this Agreement.). Please note: If there are not sufficient available funds in the account, we cannot complete this transfer.
3. Additional Services. New services may be introduced for Online Banking from time to time. The Credit Union will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

b. Schedule of Fees

The Credit Union offers the benefits of convenience of the Online Banking Service to you at no additional cost.

c. Statements
You will continue to receive your regular account statement either monthly or quarterly by mail, depending on the type of account, unless you opt-in to receive electronic statements (eStatements).

d. Security & Privacy
1. General Privacy and Security. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Financial institutions like ours collect, use, and share data depending on the products and services you have with us. We need to use and share your personal information to provide those services. This may include contact information, which we sync to help you find contacts for optional payment services. It also includes your banking, payment, and transaction information. Please read our Privacy Policy that more fully describes how we collect and share members’ personal information and what limitations may be placed on that collection and use before completing the enrollment process for the Service. Our member Privacy Policy is available online at https://vantagewest.org/privacy-policy/.

2. Children’s Online Privacy Statement. The Children’s Online Privacy Protection Act (COPPA) was passed to give parents/guardians increased control over what information is collected from children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13.
The Credit Union is committed to safeguarding information about our members. This includes information that we may receive from children. The Credit Union does not knowingly collect information from children under the age of 13 during the online account opening process. The Credit Union requires a parent or guardian to be listed as joint on all minor accounts, which include children under the age of 13. Verification of identification is required for parent or guardians to ensure information is not collected from children under the age of 13.
Parental Consent: We will not collect, use, or disclose personally identifiable information from a child without obtaining prior parental consent. At this time, we do not collect personally identifiable information. Should that policy change, we will notify parents, post the fact that information is being collected, obtain consent from parents in compliance with COPPA, and inform parents about procedures available to review and/or prevent the information from being collected. If you have any questions or concerns, you may contact us electronically at [email protected] or by phone through our call center at 800-888-7882.
For additional information on COPPA protections, you can also visit the Federal Trade Commission’s website at: http://www.ftc.gov/news-events/media-resources/protectingconsumer-privacy/kids-privacy-coppa
e. Your Password and Online Account
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
1. Do not give out your account information, Password, or User ID;
2. Do not leave your PC or Mobile Device unattended while you are in the Credit Union’s Online Banking site;
3. Never leave your account information within access or view of others;
4. Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system;
5. Do not allow your Internet browser to store your Online Banking User ID or Password; and
6. If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Credit Union immediately at (520) 298-7882 or 1-800 888-7882 outside of Tucson, Arizona between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturday. Telephoning the Credit Union is the best way of minimizing your losses and liability. If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the website to change your Password.
See Section 9. Passwords for additional information.
f. Electronic Mail (e-mail)
If you send the Credit Union an e-mail message, the Credit Union will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. NOTE: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Credit Union’s e-mail address of [email protected]. If one of these methods is used in contacting the Credit Union simply request that we contact you and provide a telephone number to do so. You should not supply any account or password information or other information of a confidential nature.
g. Chat Service
Credit Union has provided you with access to a secure chat messaging service (“Chat Service”) within your Online Account. You may contact us at any time via the Chat Service (subject to availability) to discuss questions or concerns that you have about your Account. As part of the chat functionality, you can give the Credit Union agent permission to see your Online Account. The Chat Service is only secure when logging into your Online Account. The Chat Service available through the public website is not secure. You should not enter sensitive personal information, such as your account numbers or social security number, during an online chat session.

4. BILL PAYMENT SERVICES – See Bill Payment Agreement and Disclosure

5. ELECTRONIC FUND TRANSFER PROVISIONS FOR CONSUMER

a. Applicability. These provisions are only applicable to online electronic fund transfers which credit or debit a consumer’s checking, savings or other asset account and are subject to the Consumer Financial Protection Bureau’s Regulation E (an “EFT”). These provisions do not apply to business accounts. When applicable, the Credit Union may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
b. Your Liability. You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. Tell us at once if you believe someone has used your access code or otherwise accessed your accounts without your authority.
• If you tell us within two (2) business days after you have learned your password was lost or stolen, your liability cannot exceed $50.00.
• If you do NOT tell us within two (2) business days after you have learned of the loss or theft of your password, and we can prove that we could have stopped someone from using your password without your permission if you had told us, your liability cannot exceed $500.00.
• You must report an unauthorized EFT transaction which appears on your periodic statement, no later than 60 days of transmittal of the statement, to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFT’s that occurred within the 60-day period. You may also be liable for the amounts as described above.
• If the report is made orally, we will require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will provisionally credit your account within ten (10) business days, for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or questions are not received in writing within 10 business days, we may not provisionally credit your account until the investigation is complete. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three (3) business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
• You may notify the Credit Union by telephone, writing, or by e-mail at [email protected]. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.
• Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking Service or Bill Payment Service transaction, call (520) 298-7882 or 1-800-888-7882 outside of Tucson, Arizona, or write to us at: Vantage West Credit Union, Attn: Deposit Operations Department, PO Box 15115, Tucson, AZ 85708-0115.
• We must hear from you at the telephone number or address listed above, no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. We will need:
1. Your name and account number
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
3. The dollar amount of the suspected error and date on which it occurred.
• If you verbally provide this information, we may require that you send us your complaint or question in writing within 10 business days.

6. LIABILITY
a. Our Liability.
This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment service account. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
• If through no fault of the Credit Union, the available balance in your account is insufficient to make the transfer or payment.
• If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer or payment despite reasonable precautions that we have taken.
• If there is a hold on your account, or if access to your account is blocked, in accordance with Credit Union policy.
• If your funds are subject to a legal proceeding or other encumbrance restricting the transfer or payment.
• If your transfer authorization terminated by operation of law.
• If you believe someone has accessed your accounts without your permission and you fail to notify the Credit Union immediately.
• If you have not properly followed the instructions on how to make a transfer included in this Agreement.
• If we have received incomplete or inaccurate information from you or a third party involving the account, transfer or payment.
• If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the Membership and Account Agreement (Consumer and Business), and Account Disclosure or a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
• If the account has been closed at your request or by your own doing.
• If the bill payment or transfer would go over the credit limit on your overdraft line of credit, or if the overdraft line of credit has been closed.
• If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or bill payment.
• If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction.
• It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of this financial institution and/or our service providers.
• Other applicable laws and/or regulations exempt us from liability.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
b. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third-party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment Account.
c. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an Internet browser provider such as Chrome, Firefox, or Microsoft, by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment Account.
d. Virus Protection. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC or Mobile Device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

7. GENERAL TERMS & CONDITIONS – ONLINE BANKING SERVICE & BILL PAYMENT SERVICE
a. Credit Union Agreements. In addition to this Agreement, you and the Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee (s) contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
b. Changes & Modifications. The Credit Union may modify the terms and conditions applicable to the Services from time to time. Also, if a change in terms or conditions is necessary to maintain or restore the security of our system or your account(s), no advance notice is required. Upon notification of any change in terms, if you do not agree with the change(s), you must notify us in writing or via email to cancel your access to the Service. Your continued use of the affected change in Service constitutes your agreement to the amendment(s). We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice.
c. Assignment. We may assign this Agreement to an affiliate of the Credit Union or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party’s prior written consent.
d. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement, may be sent to you electronically. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
• Where it is necessary for the provision of Online Banking and for completing transfers;
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; comply with government or court orders, or other reporting requirements;
• In accordance with our Privacy Policy;
• If you give us your permission;
• To the Credit Union affiliated companies;
• It is necessary to assist us in the collection of information for internal use;
• It is necessary for the security purposes of our service providers, our servicing agents, and/or contractors providing our Online Banking and electronic funds transfer Service; or
• It involves a claim by or against us concerning a deposit to or withdrawal from your account.

8. ACCOUNT AGGREGATION AND BUDGETING TOOLS
In addition to the above Services, the Credit Union offers Budgeting Tools that use Account Aggregation. If you decide to use Account Aggregation with your Services, you acknowledge and agree to the following End User Agreement:

A. Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

B. Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.

C. Content You Provide. You are licensing to your financial institution and its service providers, including Yodlee, Inc. (“Service Providers”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Your financial institution and its Service Providers may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, your financial institution and its Service Providers may use the Content for the purposes set out above. As between your financial institution and its Service Providers, your financial institution owns your confidential account information.

D. Third Party Accounts. By using the service, you authorize your financial institution and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant your financial institution and its Service Providers a limited power of attorney, and you hereby appoint your financial institution and its Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, your financial institution shall have access to your account credentials, including, but not limited to login username and passwords.

E. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT

i. YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii. YOUR FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

F. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

G. Indemnification. You agree to protect and fully compensate your financial institution and its Service Providers and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

You agree that the Service Providers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if the Service Providers were a party to this Agreement.

9. PASSWORDS
We may at our option change the parameters for the password used to access Online Banking without prior notice to you, and if we do so, you will be required to change your password the next time you access the Online Banking. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Online Banking, you agree to protect and keep confidential your Card number, account number, PIN, User ID, Password, or other means of accessing your accounts via the Online Banking. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line, or draws on your credit card account. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft.
If you disclose your Card numbers, account numbers, PINs, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use the Online Banking or to access or use your Card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used the Online Banking without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at (520) 298-7882 or 1-800 888-7882.
You acknowledge and agree that you are personally responsible for your conduct while using Online Banking and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Online Banking or the use of the Online Banking by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

10. SPECIAL PROVISION FOR BUSINESS MEMBERS
Any User ID or Password we provide to you is provided to you in your capacity as a representative of the business entity registered with the Online Banking only, and may not be retained by you after any termination of your relationship with such business entity. If you elect to utilize Cash Management Services you will be required to agree to the provisions of the Master Cash Management Agreement at the time you sign up for the service. Please contact a Business Banking Representative for additional information.

11. GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona and applicable federal law.

12. LINKS
For your convenience, our website may contain links to other websites. This does not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of a non-Vantage West Credit Union website or its owner. Vantage West Credit Union accepts no responsibility for the content, products or services provided on linked websites. If you choose to access such non-Vantage West websites, you do so at your own risk, and you should be aware that those websites are governed by their own terms and conditions and privacy policies.