ONLINE, MOBILE, TEXT BANKING AND E-STATEMENT/E-SIGN AGREEMENT AND DISCLOSURE
This Agreement and Disclosure is the contract between you and FIRSTENERGY FAMILY CREDIT UNION which covers your and our rights and responsibilities concerning the online and mobile banking services offered to you by FIRSTENERGY FAMILY CREDIT UNION. These services permit you to electronically initiate account transactions involving your accounts at FirstEnergy Family Credit Union. By requesting and using the online and mobile banking service, referred to as e.branch, you agree to the terms and conditions of this Agreement, and any amendments.
Anytime that you access your account(s) through a computer, mobile device, mobile application, or via text alert or text message, you are accessing the account through e.branch. Standard data and text messaging rates may apply.
E.BRANCH ACCOUNT ACCESS: If we approve your application for the e.branch service, you may use your personal computer, mobile device, or any other device that allows for internet usage to access your accounts at FirstEnergy Family Credit Union. You must use the password and username assigned to you, to access your accounts. Each person who is an owner on an account may apply for access via e.branch service. Unless the primary owner notifies FirstEnergy Family Credit Union otherwise, any person who can transact business on an account as a joint owner will have the same capability electronically. You will need a personal computer, a mobile phone or tablet with access to the Internet in order to use the e.branch service. You are responsible for the installation and maintenance of your computer. FirstEnergy Family Credit Union is not responsible for any errors or failures involving any telephone service, Internet Service, or for the software or hardware of your computer.
You may use the e.branch service to:
TRANSACTION LIMITATIONS: The following limitations on e.branch transactions may apply in using the services listed below:
You may transfer funds to other accounts of yours at FirstEnergy Family Credit Union. Federal regulations limit pre-authorized transfers from your Share Account. During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephone or computer order or instruction. No more than three of the six transfers may be made by check, draft, or similar order to a third party. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to penalties up to and including closure by FirstEnergy Family Credit Union.
FirstEnergy Family Credit Union will not be required to complete a withdrawal or transfer from your share accounts if you do not have enough money in the designated account to cover the transaction. You agree not to use the e.branch services to initiate a transaction that would cause the balance in your designated share account to go below zero. We will not be required to complete such a transaction, but if we do so, you agree to pay us the excess amount or improperly withdrawn or transferred amount immediately upon our request. We will also refuse to complete your e.branch transactions if we have cancelled your e.branch access or we cannot complete the transaction for security reasons.
ACCOUNT INFORMATION: The account balance and transaction history information may be limited to recent account information involving your accounts.
MOBILE BANKING: You may access your account(s) at any time through your mobile device with the device's browser. You may also access your account(s) through FIRSTENERGY FAMILY CREDIT UNION Mobile Apps. All transaction limitations apply when transacting through your mobile device or through mobile apps. FIRSTENERGY FAMILY CREDIT UNION does not guarantee that your device will be compatible with mobile banking. It is up to you to maintain proper security features on your mobile device to ensure secure connections to mobile banking.
FIRSTENERGY FAMILY CREDIT UNION will not be responsible for any fees incurred by your device carrier. Standard data usage fees will apply determined by the contract you signed with your mobile device carrier.
USER SECURITY: You agree to be mindful of the security and safety guidelines of using online or mobile banking from any computer and/or mobile device. We recommend that you never give out account information or login usernames or passwords to anyone. You agree that if you do allow access to online or mobile banking to any unauthorized user, that you will be responsible for those transactions and any fees that correspond to the transactions. FirstEnergy Family Credit Union will not be liable for any of your losses.
TEXT ALERTS & SMS TEXTING: To participate in text messaging program, you must have an SMS/text messaging-enabled mobile phone. You are responsible for standard text rates and/or data usage rates that apply in conjunction with any of the terms and conditions of your agreement(s) with your cell phone carrier.
MOBILE PHONE: If we need to contact you to service your account or collect any amounts you owe, you authorize us (and our affiliates, agents or contractors) to contact you at any number you provide, from which you call us, or at which we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you by using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.
FEES: Use of Online and Mobile Banking with FirstEnergy Family Credit Union is free, however, standard account fees do apply. For all fees, please see the Account and Fee Schedule.
CONFIDENTIALITY: The FIRSTENERGY FAMILY CREDIT UNION Privacy Policy will be followed for all online and mobile banking transactions.
CHANGES: FirstEnergy Family Credit Union reserves the right to make changes to this policy at any time. If changes are made, you will be asked to agree to the new terms the first time you log on after the new terms go into effect.
Please note that not all e.branch features will be available for use in mobile apps, text alerts and SMS texting.
E-SIGN DISCLOSURE AND AGREEMENT
This Agreement and Disclosure is for FirstEnergy Family Credit Union’s E-Statement and E-Sign service. Our goal is to provide you with an easy and convenient way to receive your account statement notices, disclosures, electronic signature documents and other communications.
We need your consent to begin sending your account statement, notices, disclosures, electronic signature documents and other communications to you electronically. Please review the information below prior to giving your consent. By agreeing to have your account statement, notices, disclosures, electronic signature documents and other communications sent electronically, you also agree to notify FirstEnergy Family Credit Union immediately in writing of any changes in your email address or any errors or complications relating to the electronic receipt of your account statement, notices, disclosures, electronic signature documents and other communications.
If you elect to receive your statement through electronic delivery, FirstEnergy Family Credit Union will no longer send your statement through the U.S mail.
FirstEnergy Family Credit Union may occasionally be required by law to provide you with certain written notices or disclosures. This agreement discloses certain information to you that we are required to provide before obtaining your consent to receive such legally required notices and disclosures by electronic means. This agreement also obtains your consent to electronically receive such legally required notices and disclosures (i.e., “required information”) in a matter that reasonably demonstrates your ability to access and retain the required information.
Types
of Required Information Provided by Electronic Means; Accessing and Retaining
Information
In order to access, view, and retain electronic Communications that we make
available to you, you must have:
These technical requirements are subject to change. If they change, you will be provided with an updated version of this agreement and asked to provide us with your consent in a manner that reasonably demonstrates your ability to receive notices and disclosures under the new technical requirements.
How
to Obtain Paper Copies of Required Information
You may request a free paper copy of required information we have
electronically provided or made available to you at any time by contacting us
as set out below. Additionally, you may download and print any required
information we send you through any system.
Our
Option to Send Paper
Your consent does not mean that we must provide the required information
electronically. We may, at our option, deliver required information and other
communications to you on paper should we choose to do so. We may also require
that certain communications from you be delivered to us on paper at a specified
address.
Withdrawing
Your Consent
If, after you have consented to receive the required information
electronically, you decide that you wish to receive the required information in
paper format only, you may withdraw your previously provided consent by
contacting us as set out below.
Informing
Us of Your Current Email Address
You are responsible for providing us with a working individual email address to
which we can send required information and for ensuring that it is kept current
in our files. Please inform us each time you change your email address by
updating your email address within Virtual Branch or contacting us as set out
below.
How
to Contact FirstEnergy Family Credit Union
In each instance, you may contact us by written request at 575 White Pond Dr.
Suite E, Akron OH 44320.
Important
Notice
You understand that the information you have elected to receive is confidential
in nature. We are not responsible for unauthorized access by third parties to
information and/or communications provided electronically nor any damages,
including direct, indirect, special, incidental or consequential damages caused
by any unauthorized access. We are not responsible for delays in the
transmission of any information. We are not responsible for any computer virus
or related problems.
Termination/Changes
We reserve the right, in our sole discretion, to discontinue the
provision of your electronic communications, or to terminate or change the
terms and conditions on which we provide electronic communications. We
will provide you with notice of any such termination or change as required by
law.
Consent
and Agreement
You certify that: (i) you have read and understand this agreement, (ii) you can
print on paper or electronically save this agreement for your future reference,
(iii) you consent to receive the required information by the electronic means
described above, (iv) you acknowledge that you are providing your consent to
receive electronic communications pursuant to the Electronic Signatures in
Global and National Commerce Act and intend that this statute applies to the
fullest extent possible, and (v) you have provided a working individual email
address.
Text
Banking Terms of Service
By texting “Yes” and opting-into FirstEnergy Family Credit Union services, as offered under this Agreement, you agree to the following terms and conditions:
1. When you opt-in to the service, we will send you an SMS message to confirm your signup.
2. You have provided us with your consent to send you text messages in conjunction with the financial services you requested. Your cellphone service provider’s Msg & Data Rates may apply to our initial text messages and all subsequent text messages. These text messages will be delivered to you using an automated dialing system. You agree to receive these messages at the number of the phone that you used to opt-in, which you own or are authorized to provide. Your consent to receive these automated text messages is not a condition of receiving any FirstEnergy Family Credit Union product or service. You may revoke your consent at any time.
4. If at any time you forget what keywords are supported, just text "HELP" to 855-430-2370.
5. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
6. You understand the text messages we send may be seen by anyone with access to your phone. You are responsible and should take steps to safeguard your phone and your text messages if you want them to remain private. Text messages are not encrypted. DO NOT ATTEMPT TO SEND SENSITIVE OR CONFIDENTIAL INFORMATION VIA TEXT MESSAGING. FirstEnergy Family Credit Union will never ask that you send us sensitive information via text message. If you receive a text message purported to be from FirstEnergy Family Credit Union and requesting sensitive information, please do not respond and contact the Credit Union immediately by phone at 330-535-3611.
7. We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
8. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than one message per week or 4 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
9. FirstEnergy Family Credit Union makes no warranty regarding availability or reliability of this service, and Credit Union shall have no liability related to any delay or failure in the delivery or receipt of messages from FirstEnergy Family Credit Union Text Messaging (SMS Wireless).
10. FirstEnergy Family Credit Union may change these terms and conditions at any time. Updated terms and conditions shall be effective when posted to FirstEnergy Family Credit Union’s website. You agree to review the terms and conditions regularly to ensure you are aware of any changes. Your continued use of this service after the terms and conditions have been changed shall constitute your acceptance of the new terms and conditions.
11. FirstEnergy Family Credit Union may cancel your subscription to this text messaging service at any time without notice to you.
12. Depending on your relationship with FirstEnergy Family Credit Union, the terms of other agreements may apply to your use of FirstEnergy Family Credit Union’s Text Messaging (SMS Wireless). At a minimum, use of FirstEnergy Family Credit Union Text Messaging (SMS Wireless) by FirstEnergy Family Credit Union members shall be subject to the terms of FirstEnergy Family Credit Union Membership and Account Agreement.
For all questions about the services provided by this short code, you can send an email to memberservice@fefcu.com
13. If you have any questions regarding privacy, please read our privacy policy:
https://www.fefcu.com/about/privacy-policy/
14. Binding Arbitration and Class Action Waiver
RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.
Agreement to Arbitrate Disputes.
Either You or We may elect, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related to your Accounts be resolved by binding arbitration, except for those disputes specifically excluded below.
This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”).
Disputes Covered by Arbitration.
Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s) and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. Disputes also include claims or disputes relating to the enforceability, validity, scope or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”.
An exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision.
No Class Action or Joinder of Parties.
YOU ACKNOWLEDGE THAT You and we agree that no class action, class-wide arbitration, private attorney general action, or other proceeding where someone acts in a representative capacity, may be pursued in ANY arbitration OR IN aNY court proceeding, REGARDLESS OF when THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned.
Right to Reject this Resolution of Disputes by Arbitration provision.
You have
the right to opt out of this agreement to arbitrate if you tell us within 30
days of the date a notice of this Arbitration Provision being added to the
Membership Agreement was placed in the mail or email to the address you
provided, if applicable, or within 30 days of our first sending or offering to
you or your joint accountholder a copy of our Membership Agreement with any
Arbitration Provision in it, whichever is sooner. To opt out, send us written
notice that you reject the Resolution of Disputes by Arbitration provision,
including your name as listed on your account and your account number to the
following address:
FirstEnergy Family Credit Union
575 White Pond Drive Suite E
Akron OH 44320
Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.
The Arbitration Proceeding.
The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contrary.
Costs.
The party initiating the arbitration shall pay the initial filing fee. If You file the arbitration and an award is rendered in Your favor, We will reimburse You for Your filing fee. If there is a hearing, We will pay the fees and costs of the arbitration for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, We will advance or reimburse filing and other fees if the arbitrator rules that You cannot afford to pay them or finds other good cause for requiring Us to do so, or if you ask us in writing and we determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all costs and expenses from another party if the arbitrator, applying applicable law, so determines.
Right to Resort to Provisional Remedies Preserved.
Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
Severability, Survival.
These arbitration provisions shall survive (a) termination or changes to Your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between You and Us.