NEW CUMBERLAND FEDERAL CREDIT UNION (“NCFCU”) Terms and Conditions of information and services available by and through our Internet site or Online Banking, regarding NCFCU We are pleased to provide the NCFCU, Internet site in the domain www.ncfcuonline.org (“Site”), and NCFCU Online Banking Internet site in the domain www.homebanking.ncfcuonline.org (“Online Banking”). All are provided subject to the following terms and conditions. (Please read them carefully, as any use of the Site or Online Banking constitutes your agreement to all of them, including but not limited to our Online and General Privacy Statements. If you do not agree, please exit the Site at this time. Site Usage License Grant and Use Restrictions: Your Indemnification Our Site is intended to provide members of NCFCU (“you”) easy access to information about NCFCU, (“NCFCU,” “we” or “us”). We grant you a nonexclusive, revocable license to copy or print an unaltered permanent copy of information on the Site for your personal use, non-commercial purposes only. You may not otherwise copy, modify, publicly distribute or display, perform, publish, license, create derivative works from, transfer or sell anything obtained from this Site. Your rights to use materials on this Web Site are limited by law. All information on this Site is protected by copyright laws of the United States and other countries. You agree that you will not alter any Site information and will not use (or allow others to use) the Site or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to indemnify and hold us and our affiliates harmless from and against any loss, damage or expense (including attorneys fees) incurred by them because of any such use. Online Banking Usage of Online Banking constitutes your understanding of, and agreement with applicable requirements, including but not limited to requirements set forth herein. Upon first time usage of Online Banking, and periodically when logging in to Online Banking, you will be presented with NCFCU’s Electronic Communications Disclosure and Consent (“EDC”). Online Banking is only accessible and available to members who agree and consent to the EDC. By accepting the EDC you are indicating your consent to receive via electronic means any required communication from us, including but not limited to disclosures and eStatements. NCFCU user may access account statements by logging in to Online Banking. An Online Banking user may opt-in or opt-out of eStatements at the time of Online Banking usage by sending a mail message through Online Banking.
Privacy We understand that you are concerned about privacy. For information about how we treat information that you provide us through the Site, please see our Online and General Privacy Statements which is incorporated into these Terms and Conditions. Information Accuracy – NO WARRANTIES All information is either generated by us or is obtained from sources believed by us to be accurate and reliable as of the date posted on the Site. However, because of the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing a web site from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither we nor any of our affiliates provides any representations or warranties regarding the Site or any information in it. The Site and all information is provided “AS IS” and with all faults, and we make no representations and disclaim all implied warranties of every kind, including warranties or any duties (if any) as to accuracy, timeliness, completeness, suitability, availability, merchantability and fitness for any particular purposes, or lack of negligence or viruses. We do not provide any warranty against infringement or of quiet enjoyment, and make no express warranties. Links to Other Sites The Site contains links to other sites. Some of the links from our Site will take you off the NCFCUonline.org site to a third party or co-branded site where you may see the NCFCU logo as well as the logo of another service provider. Any information you provide to these third party and co-branded sites is collected by the service provider. Each of these third party and co-branded sites has separate privacy statements. Please be aware that NCFCU cannot be responsible for the privacy practices or content of other sites. NCFCU does not regularly review materials posted on these linked sites. Any decision of Site users to view any of the linked web sites is at their own risk. We also have links from NCFCUonline.org to fully branded service provider sites. As you view information on a fully branded site you will see a change in the URL but the pages appear as NCFCU’s and the service provider is not identified. All information collected on fully branded sites is used by NCFCU only and is not shared or used for any purpose other than processing your application or an insolvency proceeding. Computer Virus Information It is possible to contract a computer virus or other malicious code by using the Internet or materials downloaded from it. We cannot assure you that the Site and any software or other information downloaded from it will be virus or problem free and disclaims any liability (if any) for viruses and similar problems. We attempt to keep our site virus free, but cannot assure you that our efforts will always be successful. No Incidental or Consequential Damages To the full extent allowed by applicable law, you agree that neither we nor any of our affiliates will be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, that arise out of or are related to the Site, or any use of it or information in it, even if we have been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort products liability.Limitation on Damages and Exclusive Remedy You agree that your recovery for any allowable damages will be limited to those that you incur in actual reliance and shall be limited, at our election, to: (1) a refund of any amount (if any) you paid for information from the Site or for any use that caused a problem or (2) correction or replacement of the information. Any failure or unreasonability of any remedy does not affect the enforceability of the limitations on and exclusions of consequential, incidental and other damages, and you expressly agree that those limitations and exclusions are independent of the performance of any or all agreed remedies. All limitations will apply to all legal and equitable theories, including but not limited to contract, tort and products liability. Changes and Availability We reserve the right to change these Terms and Conditions from time to time, however, so you agree to check the Terms and Conditions periodically to make sure you remain comfortable with it. Each time you visit our Site, you agree to check for changes to Terms and Conditions. No changes proposed by you or us will be effective unless and until they appear in these Terms and Conditions. If you do not want to be bound by any changes, you must not use the Site after their effective date. We also reserve the right to terminate the Site or your license, make access unavailable, and change the Site content, with or without reason or notice at any time. Accordingly, if you would like a copy of something that you are authorized to copy, you should copy it when you see it. This agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. The Site can be accessed from the 50 states and from countries around the world. You consent to the laws and statutes of the Commonwealth of Pennsylvania, jurisdiction and venue of the courts in York County, PA, in all disputes arising out of or relating to the Site, any use of it or any information in it. Accessing materials on the Site from territories where these contents are illegal is prohibited and those who access the Site do so on their own initiative and are responsible for compliance with local laws. You agree that a printed or electronic version of these terms and conditions (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. If you ever believe we have not adhered to this contract or are liable for any reason, please contact us immediately.