CommStar CREDIT UNION
Terms and Conditions Of Your E-STATEMENTS
DISCLOSURE FOR E-STATEMENTS
AGREEMENT
This agreement is a contract that establishes the rules that cover your access
to electronic statements of your accounts at Community Star Credit Union through
the Electronic Account Statement System, provided to Community Star Credit Union
by Bridgestone/Firestone Information Services, a division of Bridgestone
Americas Holding, Inc. (BFIS). By using the system, you accept all the terms and
conditions of this agreement. Please read it carefully. Agreements and
disclosures for each deposit account, loan or other relationship with Community
Star continue to control the terms and conditions of those relationships. This
agreement is also subject to applicable federal laws and the laws of the State
of Ohio (except to the extent this Agreement can and does vary such rules or
laws). If any provision of this agreement is found to be unenforceable according
to its terms, all remaining provisions will continue in full force and effect.
The heading in this Agreement are for convenience or reference only and will not
govern the interpretation of the provisions. Any waiver (express or implied) by
either party of any default or breach of this agreement must be in writing and
shall not constitute a waiver of any other or subsequent default or breach.
Certain of the obligations of the parties pursuant to this Agreement that by
their nature would continue beyond the termination, cancellation or expiration
of this Agreement shall survive termination, cancellation or expiration of this
Agreement.
DEFINITIONS
As used in this Agreement, the words “we”, “our”, “us” and “Credit Union” mean
Community Star Credit Union. “You” and “your” refer to the accountholder
authorized by us to use the System under this Agreement and anyone else
authorized by the accountholder to access the accountholder’s electronic account
statements through the System. “Account” or “accounts” means your accounts at
Community Star Credit Union. “Services” means the services provided pursuant to
this Agreement. “Business Days” means Monday through Friday. Holidays are not
included.
ACCESS
To use the system you must have at least one checking, deposit or other money
fund account at the Credit Union, access to Internet Service, and an email
address, you must have filled out an Electronic Statement Authorization Form,
agreed to this Agreement and must have been authorized by the Credit Union. Once
we have received your signed Electronic Statement Authorization Form, and
verified your account information, we will send you, either by email or postal
mail, confirmation of our acceptance of your enrollment, along with your
assigned log-in ID and temporary password. The System can only be used to access
your accounts at the Credit Union that have been designated for electronic
statement by you and approved by the Credit Union. You can add or delete any of
your accounts at the Credit Union from this Agreement by completing a new
Electronic Statement Authorization Form. Access to the statements of your
accounts through the System will be based upon the identification of users and
authority levels specified by you in your Enrollment Form. We undertake no
obligation to monitor access through the System to determine that such access is
made by you or on your behalf.
SERVICES
You can use the System to view the monthly statement of your Credit Union
accounts. The System does not allow you to transfer funds or otherwise directly
access your Credit Union accounts. The statements are updated monthly, balance
and activity information are current as of the close of business on the date
stated on the statement. By using the System you agree that we may hold delivery
of the printed account statements that you previously received, provided that we
send you a printed account statement at any time upon request in writing by mail
or fax. Additionally, you agree to pick up the Annual Billing Rights Statement
and Billing Error Resolution information electronically each year at
www.commstar.org. Finally, you agree to electronically view any changes in
disclosures, election information or updates to the Credit Union products,
services or fees and opt out of the requirement for receiving this information
by mail. You agree to accept the Electronic Account Statements available through
the System as your account statements. Should you opt to receive e-statements
only, please be advised that you may be mailed one paper statement each year.
COMPLIANCE WITH LAWS
You agree that you will use the System, the Services and the Services Web Site,
only for your own proper business and/or personal use in accordance with all
applicable Federal, State, and Local Laws and regulations and communications
common carrier tariffs, and in accordance with the terms and conditions of this
agreement and any other conditions, rules, and regulations which may be
established or specified by Credit Union or BFIS from time to time and as may be
set forth in any manuals, materials, documents or instructions furnished by us
to you or posted on the Services Web Site. You will ensure compliance with the
System Rules by all users, whether or not authorized, under your account. Credit
Union reserves the right to take all actions, including termination of Services
pursuant to this Agreement, which it reasonably believes, at its sole
discretion, to be necessary to comply with applicable laws, regulations,
tariffs, and the System Rules as described above. Upon your request, Credit
Union will provide you with a copy of the current conditions, rules and
regulations.
HOURS OF ACCESS
You can use the System seven days a week, twenty four hours a day, although some
or all of the System may not be available occasionally due to emergency or
scheduled maintenance to the System. We agree to post notice of any extended
periods of non-availability on the Services Web Site.
WEBSITE ACCESS
Credit Union or BFIS may adopt from time to time mechanical or electronic
methods, codes, or software registration keys and rules (Security Process), that
Credit Union or BFIS deems necessary to control unauthorized use of the Services
Web Site, or use of and access to the Services. The Services Web Site may only
be used with a Security Process and the System Rules that Credit Union provides
to you.
YOUR PASSWORD
For security purposes, you are required to change your password upon your
initial login to the System. You determine what password you will use and the
identity of your password is not communicated to us. You agree that we are
authorized to act on instructions received under your password. You accept
responsibility for the confidentiality and security of your password and agree
to change your password regularly. Upon three unsuccessful attempts to use your
password, your access to the System will be revoked. To re-establish your
authorization to use the System, you must contact us to verify your assigned
login ID and obtain a new password. Upon re-entry to the System, you will be
asked to establish a new password. We recommend that you create a password the
utilizes both upper and lower case alpha and numeric characters for purposes of
security. Your password should not be associated with any commonly known
personal identification, such as social security numbers, address, date of
birth, names of children, and should be memorized rather than written down.
SECURITY
You understand the importance of your role in preventing unauthorized access of
your accounts, and you agree to promptly examine your monthly statement for each
of your accounts as soon as it’s available to you through the System. You agree
to protect the confidentiality of your account and account number, and your
personal identification information, such as your driver’s license number and
social security number. You understand that personal identification information
by itself, or together with information related to your account, may allow
unauthorized access to your account. Your password and login ID are intended to
provide security against unauthorized access to your account statements.
Notwithstanding our efforts to insure that the System is secure, you acknowledge
that the Internet is inherently insecure and that all data transfers, including
electronic mail, occur openly on the Internet and potentially can be monitored
and read by others. We can not and do not warrant that all data transfers
utilizing the System, or e-mail transmitted to and from us, will not be
monitored or read by others.
FEES
The Credit Union will not charge you a fee for accessing your accounts through
the System. However, your Credit Union accounts are subject to any fees and
charges normally assessed with your accounts. If you would like a current copy
of fees and charges normally assessed to accounts, please contact us.
LINKS
From time to time, the Services Web Site may contain links from the site to
other internet sites or resources external to the Services Web Site (“links”).
You agree that neither Credit Union nor BFIS is responsible for the
availability, performance or any other information of such external sites or
resources.
CHANGE IN TERMS
We may change any term of this Agreement at any time. If the change would result
in a fee for the System or the Services, or increased liability for you we agree
to give you notice at least 30 days before the effective date of any such
change, unless an immediate change is necessary to maintain the security of an
account or the System. We will post any required notice of the change in terms
on the Service Web Site or forward it to you by e-mail or postal mail. If
advance notice of the change is not required, and disclosure does not jeopardize
the security of the account or the System, we will notify you of the change in
terms within 30 days after the change becomes effective. Your continued use of
any or all of the System or the Services indicates your acceptance of the change
in terms. We reserve the right to waive, reduce or reverse charges or fees in
individual situations. You acknowledge and agree that changes to fees applicable
to specific accounts are governed by the applicable deposit agreements and
disclosures.
CONFIDENTIALITY
We will disclose information to third parties about your accounts (i) in order
to comply with laws, government agency rules or orders, court orders, subpoenas
or other legal process or in order to give information to any government agency
or official having legal authority to request such information, or (ii) if you
give us written permission, By using the System, you give us permission to
disclose information about your account, and any related data to BFIS.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
ACCOUNTS
If you think your account, the online information, or paper statement is wrong,
or if you need more information about your accounts, contact us immediately.
CONTACT IN EVENT OF UNAUTHORIZED ACCESS
If you believe your password has been lost, stolen, used without your
authorization or otherwise compromised, or if someone has access to your
accounts without your permission, telephone us at (440)365-7342, write us at 832
Cleveland St, Elyria, Ohio 44035 or email us at memberservice@commstar.org as
soon as possible.
DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY
ACCESS TO AND USE OF THE SYSTEM, THE SERVICES AND THE SERVICES WEB SITE IS
PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALL RISKS PERTAINING TO
THE RESULTS, PERFORMANCE AND USE OF THE SYSTEM, THE SERVICES AND THE SERVICES
WEB SITE ARE ASSUMED BY YOU. NEITHER COMMSTAR CREDIT UNION NOR BFIS MAKES ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTIONWITH THE
SYSTEM OR THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. NEITHER CREDIT
UNION OR BFIS WARRANTS THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY
OR ALL THE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS
SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE PROVIDED BY LAW, YOU AGREE
THAT NEITHER OUR NOR BFIS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS
ARE LIABLE FOR ANY INDIRECT, INCEDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER
OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY
REASON OF YOUR USE OF OR ACCESS TO THE SYSTEM, INCLUDING LOSS OF PROFITS,
REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT OR BASED ON A WARRANTY. YOU AGREE THAT BFIS MERELY PROVIDES A VENUE TO
YOU AND THE CREDIT UNION TO ACCESS INFORMATION GENERATED BY THE CREDIT UNION AND
THAT BFIS MAKES NO WARRANTIES OR REPRESENTATIONS AND SHALL HAVE NO LIABILITY OF
ANY KIND FOR THE INFORMATION PROVIDED THROUGH THE SYSTEM.
PROPRIETARY RIGHTS
All logos, service marks, tradenames and trademarks contained within the
Services Web Site are the sole property of BFIS and Community Star Credit Union.
It is prohibited for anyone to use such trademarks without prior written
consent.
YOUR RIGHT TO TERMINATE
You may cancel your access to the System at any time by providing us with
written notice by postal mail or fax. Your access to the System will be
suspended within 3 business days or our receipt of your instructions to cancel
the service. You will remain responsible for all outstanding fees and charges
incurred prior to the date of cancellation.
OUR RIGHT TO TERMINATE
You agree that we can terminate or limit your access to the System for any of
the following reasons: 1. Without prior notice, if you have insufficient funds
in any one of your Credit Union accounts, Access to the System may be
reinstated, at the sole discretion of the Credit Union, once sufficient funds
are available to cover any fees, pending transfers, and debits. 2. Upon 3
business days notice, if you do not contact us to designate a new Primary
Account immediately after you close your Primary Account. 3. Upon reasonable
notice, for any other reason at our sole discretion.
EFFECT OF TERMINATION
Upon termination of this Agreement, for any reason, Credit Union will revoke all
Security Processes distributed to you, and you will cease using the System, the
Services and the Services Web Site. Credit Union will retain archival
information regarding transactions on the Services Web Site for thirty (30)
days.
ASSIGNMENT You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third party or parties. This Agreement is binding upon your heirs.