AMERICA’S FIRST FEDERAL CREDIT UNION

 

AMERICA’S FIRST FEDERAL CREDIT UNION

 

EASY LINK AGREEMENT

 

This Agreement is the Contract which covers your rights and our responsibilities concerning your access to the Easy Link System.  In this Agreement, the words “you” and “your” mean each person who accepts this Agreement.  Easy Link means America’s First Federal Credit Union Online Account Access.  The words “we”, “us”, and “our” mean America’s First Federal Credit Union, its successors and assigns.  The word “Account” means your share, share draft, or other eligible account with America's First Federal Credit Union.

 

  1. In order to use this service, you must be a member of America’s First Federal Credit Union and accept the terms and conditions of this Agreement. You may accept this Agreement electronically or you may request a written Agreement.
  2. By accepting this Agreement, you are requesting that we provide you Access to America's First Federal Credit Union Easy Link Online System and certify that all of the information that you provide is true, accurate and complete. If we cannot verify your identity or any other information provided by you, we may not enable your access to the System. 
  3. Easy Link may be used to transfer funds between accounts, make deposits, make loan payments, view account details and statements or pay bills.  The use of Easy Link is subject to the terms and conditions set forth in your original account agreement entered into at the time you opened the account, including any transaction limitations, and by the additional terms and conditions set forth in this Agreement.
  4. You are required to acquire and maintain at your own expense, access to the Internet and a supported Internet browser and operating system.  We make every effort to maintain support for up to date versions of popular browsers and operating systems, but it is not possible to immediately support the most recent versions until adequate testing has been performed.  If you have questions about the support for your specific system, contact our Call Center at 205-320-4000 or 800-633-8431 during office hours.  By affirmatively registering the Easy Link System, you confirm that you have access to the required hardware and software. You may also need Adobe Acrobat® to print certain documents from our site.
  5. To access the mobile application from a mobile device, you will need to have a device with an Android® or iOS® operating system with access to the Internet.
  6. Upon first access to the Easy Link Online System, you will be prompted to establish a secure profile which includes a password, security questions, and a personal image which will be used to protect your account information.  These security features are provided for your protection and should remain confidential. You should create and use a complex password that will be difficult to guess. You are responsible for maintaining the secrecy of your password.  By giving your password to another person, you take full responsibility for any transactions made by that person or by anyone else to whom that person gives the password until you notify us to cancel your online access and reissue a new password.  If you fail to maintain the security of your password and the credit union suffers a loss, we may terminate your online services immediately.
  7. You understand and agree that you are jointly and severally liable for all transactions initiated through the Easy Link System with your user name and password, including any resulting overdrawn balances even if you did not personally conduct the transaction.
  8. You may use Easy Link to (1) check account balances, (2) transfer money between your credit union accounts, or make loan payments, (3) receive an account history, (4) download account history with compatible financial software, (5) pay most bills with Easy Link Bill Pay, (6) view account statements, (7) issue a stop payment and (8) deposit a check (account holder must meet qualifying criteria).
  9. You understand and agree that Easy Link has a daily limit of $100,000.00 or the available balance whichever is less.
  10. Transactions performed on Easy Link are also subject to the terms and conditions of your Share Account, Share Draft Account, Loan Promissory Note which includes a Finance Charge, and any other applicable agreement for the account which you may access under the terms and conditions of this Agreement.
  11. The processing date for any transaction performed on the Easy Link system will be the effective date of the transaction. Transactions performed after daily processing begins will be posted on the next day. Our business hours are 9:00 am through 5:00 pm Monday through Thursday and 9:00 am to 6:00 pm on Friday, Central Time.
  12. You understand and agree that Easy Link may not be used to overdraw the available balance in an account or to exceed any established line of credit that you may have with us.  In the event that an overdraft occurs or a line of credit is exceeded, you agree to reimburse us immediately.  You further understand and agree that we are under no obligation to pay any amount which would overdraw your account, but may, at our sole option, choose to do so.  Any such overdraft will be governed by the account agreement that was originally signed by you.
  13. You understand and agree that we reserve the right to amend this Agreement by giving you advance written notice as required by applicable law.  Your continued use of Easy Link will indicate your acceptance of any such amendments.
  14. In order to communicate with you regarding your Easy Link account access, you must provide us with your valid email address. It is your responsibility to notify us of any changes to your email address.
  15. We do not make any representations or warranties that you will have continuous or uninterrupted access to the Easy Link System or that the system will be error free. Access to the Easy Link System may be unavailable at times due to scheduled maintenance, unscheduled maintenance, system outages, major unforeseen events such as fires, floods, storms, computer failures, interruption in telephone or electrical service or the failure of an Internet Service Provider. We will make reasonable efforts to ensure the availability of the Easy Link System but we are not liable in any way for system unavailability or any consequential damages that may result.
  16. You may terminate your Easy Link System access at any time by notifying us at 205 320-4000 or 800 633-8431 or by providing written notice to any of our locations. We may terminate your access to the system if you do not log on for a period of at least six months. In that event, you will be required to re-register for the System if you wish to restore your Easy Link Access.
  17. The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of Alabama and any applicable Federal law.  Any delay by us in enforcing our rights under this Agreement shall not be deemed to be a loss or waiver of that right.  The fact that we do not enforce our rights in one instance does not mean that we will not do so in another.  If any provision of this Agreement is deemed invalid, the remainder of this Agreement shall remain in full force and effect.
  18. If you would like to receive a copy of this Agreement contact us at 205 320-4000 or 800 633-8431 or by email at memberservices@amfirst.org, or by sending a written request to P.O. Box 11349, Birmingham, AL  35202.
  19. By accepting this Agreement electronically, you acknowledge that you have received a copy of this Agreement and the Federal Electronic Funds Disclosures, and agree to be bound by the terms and conditions contained therein.

 

 

 

 

REGULATION E DISCLOSURE STATEMENT

 

YOUR ACCESS DEVICE AND ELECTRONIC FUNDS TRANSFERS

 

ACCOUNT ACCESS:  The Easy Link System is an accepted access device which permits you to make the transactions listed below on a personal computer or mobile device.  When used with your password the system will allow you to initiate any of the following transactions, provided the accounts have been established and authorized for use.  You may:

·         Transfer from Savings to Checking

·         Transfer from Checking to Loan

·         Transfer from Checking to Savings

·         Withdraw from Savings

·         Transfer from Savings to Loan

·         Withdraw from Checking

·         Pay bills from your Checking Account

·         Advance on Loan with Separate Agreement

·         Issue a Stop Payment

·         Deposit a Check

 

LIMITATIONS ON FREQUENCY OF TRANSFERS: During any month, you may not make more than six withdrawals or transfers from a savings account to another account by means of a preauthorized or automatic transfer. 

 

LIMITATIONS ON DOLLAR AMOUNTS OF TRANSFERS:  There is a daily limit of $100,000.00 or the available balance in your account, whichever is less on the dollar amount of transfers you can make on the Easy Link System.

 

BUSINESS DAYS:  Our business days are Monday through Friday.  Holidays are not included.  The Easy Link System is available at times other than the business days of our credit union.

 

SUMMARY OF YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS:  Tell us AT ONCE if you believe your password has been lost or stolen.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account(s) (plus your maximum line(s) of credit in force).  If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your password without your permission.  If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.  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 period.  If you believe your password has been discovered or stolen or that someone has transferred money from your account without your permission call 205 320-4000 or 800 633-8431 or write us at America's First Federal Credit Union, P.O. Box 11349, Birmingham, AL 35202.

 

SERVICE CHARGES:  Currently, there is no service charge to use the Easy Link System, but we reserve the right to impose a fee at a later date.  However, each account affected by the transaction use of the Easy Link System will be subject to the regular service charge imposed for that specific account.  Additionally, if you have an existing overdraft line of credit attached to your checking account, any overdrafts shall be subject to FINANCE CHARGES in accordance with the terms of the overdraft agreement.

 

SUMMARY OF YOUR RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS:  You will get a monthly account statement (unless there are no transfers in a particular month).  In any case, you will get a statement at least quarterly.

 

RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO:  If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  Here is how: call or write us at the telephone number or address listed above in time for us to receive your request 3 business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  If these regular payments vary in amount, the person you are going to pay will tell you 10 days before each payment when it will be and how much it will be.  If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses.

 

SUMMARY OF CREDIT UNION’S LIABILITY FOR FAILURE TO MAKE TRANSFERS:  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 from damages as required by Federal Law.  However, there are some exceptions.  We will not be liable for instance:

 

1.      If through no fault of ours, you do not have enough money in your account to make the transfer;

2.      If the transfer would exceed the credit limit on a loan;

3.      If the ATM terminal where you are making the transfer does not have enough cash;

4.      If the ATM terminal or system was not working properly, and you knew about the breakdown when you started the transfer;

5.      If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;

6.      If the funds in your account are subject to a court order or other restriction preventing the transfer;

7.      There may be other exceptions stated in our agreement with you.

 

CIRCUMSTANCES UNDER WHICH WE WILL DISCLOSE ACCOUNT INFORMATION TO THIRD PARTIES:  The Credit Union will disclose information to third parties about your account or transfers you made:

 

1.      When it is necessary to complete the transfers;

2.      In order to verify the existence and conditions of your account for a third party such as a credit bureau or merchant;

3.      In order to comply with a government agency or court orders; or

4.      If you give us written permission.

 

SUMMARY OF OUR ERROR RESOLUTION PROCEDURE IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS:  In case of errors or questions about your electronic transfers, telephone us at 205 320-4000 or 800 633-8431 or write us at America's First Federal Credit Union, P.O. Box 11349, Birmingham, AL  35202, as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  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.  Your inquiry must include:

 

1.      Your name and account number;

2.      Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information;

3.      The dollar amount of the suspected error.

 

If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.  We will determine whether an error has occurred within 10 business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (20 business days if your account has been open for 30 days or less) (5 business days if the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM unless we determine that circumstances or your account history warrant delay, in which case you will receive credit within 10 business days) for the amount you think is in error.  This provisional credit enables you to have the use of the money during the time it takes us to complete our investigation.  If the error concerns an electronic fund transfer that is (1) a foreign-initiated transaction, (2) a point-of-sale debit card transaction, or (3) a transaction occurring within the first 30 days after a deposit to a new account, a 90-day investigation period in place of 45 days will apply.  Please note that if we ask you to put your complaint or question in writing and we do not receive it within 10 business days of our request, we may not credit your account.

 

We will tell you the results within three 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.

 

AMERICA’S FIRST FEDERAL CREDIT UNION

REMOTE DEPOSIT CAPTURE AGREEMENT

1. Service and Service Terms. The following terms and conditions apply to America’s First Federal Credit Union REMOTE DEPOSIT SERVICE (Service). Member accepts and agrees that the Service or any portion of the Service may be provided by one or more subcontractors. The provisions of America’s First Federal Credit Union’s Account Agreement and applicable service terms are incorporated into this Agreement by reference.

2. Overview and definitions. This Agreement states the terms and conditions by which America’s First Federal Credit Union will deliver to Member, the Service, as described below.

2.1 "Member" means a person that has a membership with America’s First Federal Credit Union.

2.2 "Business Day" means any day which America’s First Federal Credit Union is open to conduct substantially all of its services, but does not include Saturday, Sunday or holidays observed by America’s First Federal Credit Union.

2.3 "Scanner" means any device acceptable to the Credit Union, which provides for the capture of images from original items and for transmission through a clearing process.

2.4 "Item" means a check, a paper item, or an electronic item (i.e. an electronic image of an item together with information describing that item). Acceptable items include personal checks, government checks, business checks, money orders, traveler’s checks and cashiers or certified checks drawn on a U. S. financial institution and in US funds. It is understood that Member will only be transmitting electronic images of the front and back of items. In order for an item to be processed for deposit, it must be properly endorsed in the proper location on the back of the item and signed by the payee(s). Additionally, the following wording must be included below the endorsement for America’s First to accept the item via Remote Deposit Capture: “For AFFCU Remote Deposit Only”.

2.5 "Service" means the specific Remote Deposit Service provided by the Credit Union. The Service shall be provided for items received for deposit into Member’s personal or business account at America’s First Federal Credit Union by converting original checks into substitute checks as defined by the Check Clearing for the 21st Century Act, also known as Check 21.

2.6 "Service Start Date" means the date that the Service is first utilized by the Member.

2.7 "Technology" means the Credit Union or its subcontractor’s deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through scanners, utilizing software and hardware provided by or acceptable to the Credit Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of items. Technology may include but is not limited to Member service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by America’s First Federal Credit Union or its subcontractors and used in the provision of Services hereunder.

2.8 "Access Systems" means all services, hardware, software and other technology (including high speed Internet access service) necessary to access the Service.

2.9 "Subcontractors" means any third party service provider of the Service.

2.10 "Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.

3. Member Obligations; Suspension of Service, Account Terms, Limits

3.1 Qualifications. In order to use the Service, you must meet our account qualification standards that are in our sole discretion. We reserve the right to change these standards. Your continued ability to access the system may be terminated if your account status changes.

3.2 Hardware, Software and System Requirements. In order to utilize the Service, Member must have the following hardware and software with the indicated specifications:

  • Must have a mobile device with an Android® or iOS® operating system or a PC connected to a scanner
  • Must have AFFCU’s Mobile Application downloaded to the device
  • Must be able to capture an image of the item
  • Must have the ability to transmit the image electronically

3.3 Member Responsibilities. To access your account(s) with the Credit Union, Member must have an eligible checking account with the Credit Union, have established high speed Internet access and an email address. When using the Service, Member shall provide, at Member’s sole cost and expense, all Access Systems and Member shall be solely responsible for installing, maintaining, securing and supporting all such Access Systems. The Member is responsible for providing a valid Internet email address.

3.4 Disclaimers. America’s First Federal Credit Union is not responsible for any error or failures from any malfunction of any Access Systems, and America’s First Federal Credit Union is not responsible for any computer virus or related problems that may be associated with the access to or use of the Service. America’s First Federal Credit Union does not guarantee that the Service will be compatible with all computer systems and Internet browsers, routers or firewalls. Further, America’s First Federal Credit Union does not and cannot control the flow of data to or from the Credit Union’s network, its service provider’s networks or other portions of the Internet. Accordingly, America’s First Federal Credit Union cannot guarantee that Member’s connection to the Internet will not be impaired or disrupted, and America’s First Federal Credit Union hereby disclaims any and all liability resulting from or related to such events.

3.5 Withdrawal of Access/Suspension of Service. America’s First Federal Credit Union reserves the right to deny, suspend or revoke access to the Service immediately, in whole or in part, at its sole discretion, without notice if America’s First Federal Credit Union believes Member is in breach of this Agreement or otherwise using or accessing the Service inconsistently with the terms and conditions hereof. Further, America’s First Federal Credit Union or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency such as inclement weather or other conditions beyond our control.

3.6 Handling of Transmitted Items. Member shall be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically and deposited using the Service and indemnifies and holds America’s First Federal Credit Union harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically using the Service, or (ii) for any Items being submitted for deposit or presented for payment more than once.

3.7 Retention and Disposal of Transmitted Items.  You will promptly provide a sufficient copy of the front and back of the item to America’s First Federal Credit Union as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any item or for America’s First Federal Credit Union’s audit purposes.  If you are unable to provide a sufficient copy of the front and back of the item, you will be liable for any unresolved claims by third parties.  America’s First Federal Credit Union recommends that original items be retained for at least 90 days.

3.8 Account Statement Examination. Unless Member notifies America’s First Federal Credit Union of any errors to deposits made through the Service within 30 days after the applicable account statement is mailed or otherwise provided to Member, such statement regarding all deposits made through the Service shall be deemed to be correct.

3.9 Processing of Items. Images of items transmitted by Member are not considered received by America’s First Federal Credit Union until Member has received an electronic confirmation of the receipt of the deposit from Credit Union. However, receipt of the confirmation from America’s First Federal Credit Union does not mean that the transmission was error free or complete. Items transmitted by the Member and received by America’s First Federal Credit Union or its subcontractors by 4:00 p.m. Central Time, on a Business Day, shall be credited to the Member’s applicable account on the same Business Day. Items received by America’s First Federal Credit Union after 4:00 p.m. Central Time on any Business Day shall be credited to the Member’s applicable account on the next successive Business Day. These times are subject to change without notice.

3.10 Funds Availability. America’s First Federal Credit Union may delay availability of funds deposited using Remote Deposit Service based on the length and extent of your relationship with the credit union, transaction experience and any other such factors that are in the sole discretion of America’s First Federal Credit Union. Funds deposited after 4:00 P.M., Central Time on a business day will not be available for withdrawal until the next business day as provided in paragraph 3.8 above.

3.11 Fees: Please refer to America’s First Federal Credit Union’s Fee Schedule.

3.12 Account Terms. Any and all deposits made to your account using Remote Deposit Service are subject to the terms and conditions of your Account Agreement. You agree to promptly repay in full any and all deposits that are returned unpaid along with any corresponding fees as established by the Board of Directors of America’s First Federal Credit Union. You understand and agree that items will be posted in the order that they are received subject to verification and final payment.

3.13 Limits.  We reserve the right to impose limits on the amounts or number of items that you transmit using the Service. These amounts are subject to change and may be dependent upon your account relationships.

3.14 Ineligible Items. You may not deposit third party checks, checks drawn on your same account at America’s First Federal Credit Union, checks requiring third party endorsements other than another account owner, checks drawn on Foreign Banks, Treasury Warrants or Insurance Drafts requiring the endorsement of a third party, altered checks, stale dated checks, substitute checks, non-negotiable items previously deposited and returned, savings bonds, checks or items prohibited by the terms of your account.

3.15 Exception Items. The Credit Union may reject any electronic image that the Credit Union at its sole discretion determines to be ineligible for the service, including without limitation, electronic images of items drawn on banks located outside of the United States, items payable in foreign currency, images that are illegible, electronic images of items previously processed, electronic items previously converted to substitute checks, and electronic images with unreadable MICR information. The Credit Union will attempt to contact the member of any Exception Items. The failure of the Credit Union to identify an item as an Exception Item shall not preclude or limit the obligation of the Member to the Credit Union.

3.16 Returned Items. Any item that is dishonored will be returned as an image of the original item or as a Substitute Check and is subject to a fee according to the America’s First Federal Credit Union Fee Schedule at the time of the return.

4. Warranties and Disclaimers

4.1 Member shall not use the Service in any way that could potentially harm the Credit Union’s network or sites, or the network or sites of its third party service providers. Member shall not use and may not authorize others to use the Service in any way that: (i) transmits any item or other materials via the Service that is deceptive or fraudulent; (ii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing banking and criminal activity); (iii) transmits or distributes any viruses, worms, time bombs, Trojan horses, or other destructive software of devices; (iv) attempts to break or circumvent security, or in fact, breaks or circumvents security of any computer network of the Credit Union, its subcontractors or service providers.

4.2 Your Warranties.  You make the following warranties and representations with respect to each item presented to us:

·         Each item is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer has no defense against payment of the check.

·         The amount, payee(s), signature(s) and endorsement(s) on the image and on the original check are legible, genuine and accurate.

·         The phase “For AFFCU Remote Deposit Only” is written legibly below the endorsement on the back of the Item.

·         All items are payable in U.S. Dollars.

·         You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for the original check or a paper or electronic representation of the original check such that the person will be asked to make payment on an item that has already been paid.

·         There are no other duplicate images of the original check.

·         The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.

·         You are authorized to enforce and obtain payment from the original check.

·         You have possession of the original check and no party will submit the original check for payment.

4.3 Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you intentionally or unintentionally submit fraudulent, incorrect or illegible images to us, or Remote Deposit Service is used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images.

4.4 Indemnification. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney’s fees and expenses arising from your use of Remote Deposit Service and/or breach of this agreement. You understand and agree that this paragraph shall survive the termination of this Agreement

4.5 Disclaimer. America’s First Federal Credit Union warrants that the Service shall be performed in a workman-like and professional manner consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND AMERICA’S FIRST FEDERAL CREDIT UNION HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

4.6 Compliance with Law. You understand and agree that you will use Remote Deposit Service for lawful purposes and in compliance with all applicable laws, regulations and rules. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

5. LIMITATION OF LIABILITY

5.1 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMERICA’S FIRST FEDERAL CREDIT UNION NOR ANY OF ITS SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER CAUSED BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER’S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL AMERICA’S FIRST FEDERAL CREDIT UNION OR ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR SOFTWARE USED BY THE MEMBER OR AMERICA’S FIRST FEDERAL CREDIT UNION IN CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR SOFTWARE.

6. Termination.

6.1 Termination. America’s First Federal Credit Union may immediately terminate the Service or any portion of the Service if America’s First Federal Credit Union determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and with notice, decides to cease providing this Service. Except in the event of emergency or to safeguard the Credit Union’s accounts, networks or systems, America’s First Federal Credit Union shall give written notice of such termination or access limitation, which may be given by Internet secure message, or sent to you at the address shown on our records, or sent to you by electronic mail message (email). Member may terminate the Service with notice to America’s First Federal Credit Union in person, by phone, written notification through postal mail or by electronic mail message (email). No minimum time is required by the Member for notification to the Credit Union.

7. Miscellaneous Provisions.

7.1 Notices. Member agrees that any notices required or permitted under this Agreement may be given electronically.

7.2 Governing Law. This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent there is no applicable federal law or regulation, by the State of Alabama.

7.3 Subcontractors. America’s First Federal Credit Union may use third party service providers to provide some or all of the Service under this Agreement on behalf of the Credit Union.

7.4 Amendments. You understand and agree that we reserve the right to amend this Agreement by giving you advance written notice required by applicable law. Your continued use of the Service will indicate your acceptance of any such amendments.

7.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.

7.6 Force Majeure.  America’s First Federal Credit Union shall not be responsible for any loss or damage of any kind resulting from any delay in the performance or failure to perform its responsibilities hereunder due to causes beyond the Credit Union’s reasonable control.