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Welcome to Online Money Movement! – It is the next generation of online personal finance management. Our fully interactive Online Money Movement service (referred to in this agreement as the "Service") now includes Popmoney. This service provides a quick and convenient electronic means for you to Pay Other People rather than sending them a paper check.
Popmoney is not available for Business or Commercial accounts.
Popmoney allows you to transfer funds from your Landmark Credit Union checking or savings account(s) to another individual’s domestic bank account -- assuming of course, that the transfer is permitted by us and the recipient’s bank, and by federal and/or state laws.
A Landmark Credit Union account is referred to as “Account” in this Agreement. Accounts held by the recipient/payee are called “Recipient’s Account” throughout this Agreement.
Please take a few minutes to read this Online Money Movement Service Agreement (referred to throughout this document as the "Agreement"). As used in this Agreement, the words "you" and "your" refer to you as the user of the Service. The words "we," "us," "our" and any other variation thereof refer to Landmark Credit Union and/or our Service Provider (Service Provider). When you're ready, click the "I accept these terms and conditions" and the “I agree to pay any applicable fees that may be applied for the use of this service” checkboxes to start enjoying the convenience and financial security of Online Money Movement’s Popmoney Service!
ACCEPTANCE OF TERMS
This Agreement sets out the terms and conditions (the "Terms") on which Landmark Credit Union and our Service Provider will provide the Service. This Agreement, your use of the Service and completion of any enrollment or other forms/data entry within the Service, are all parts of a legally binding agreement between us. When you click on the "I agree to accept the terms and conditions" button, you will be asked to complete an application to receive the Online Money Movement Service. When you agree to accept the Terms, this agreement includes any future amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined by us and our Service Provider based on specific criteria.
We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to Popmoney or Online Banking, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access the Online Banking for a period of six (6) months or greater. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
If you do not agree to all of the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service.
If you do not agree to the changes, or if at any time you wish to discontinue your use of the Popmoney Service, you can unsubscribe by contacting us. If your enrolled account(s) with Landmark Credit Union has (have) been closed, terminated or restricted for any reason (such as garnishment, levy, etc.), you will have no further right or access to use Online Money Movement Service. To use the Online Money Movement Service you must be at least eighteen (18) years old, be a resident of the United States, and own at least one active Landmark Credit Union account.
By clicking on the "I Agree to accept the terms and conditions" button, you authorize our Service Provider to verify your identity by obtaining information about your credit history from a consumer reporting agency. Our Service Provider will obtain and use your credit information only in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law. Landmark Credit Union and our Service Provider (we) reserve the right to deny you access to the Service if we cannot verify your identity or other necessary information. We may approve or decline your application for the Service based upon our review of your consumer report, along with other information we deem relevant. If we deny your request to use the Service, you may obtain a free copy of the consumer report that our Service Provider used from the consumer reporting agency that issued the report. You may view, download and print a summary of your rights under FCRA, including information on how to obtain a copy of your consumer report.
In addition to obtaining a consumer report, we reserve the right to obtain and retain any and all additional information we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using the Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department. You agree not to effect any funds transfers from, or to, an Account that are not allowed under the rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
ACCOUNT ACCESS AUTHORIZATION
You understand that in order to complete Popmoney transfers, it is necessary for Landmark Credit Union and our Service Provider to access your Account(s), as designated by you and on your behalf, to retrieve information and effect the Popmoney transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Account(s) to effect such Popmoney transfers. You warrant and represent that the information you are providing to us is true, current, correct and complete.
YOU ACKNOWLEDGE AND AGREE THAT WHEN LANDMARK CREDIT UNION and/or OUR SERVICE PROVIDER IS EFFECTING A POPMONEY TRANSFER FROM YOUR ACCOUNT TO THE ACCOUNT OF A RECIPIENT’S, OR FROM A SENDER’S ACCOUNT TO YOUR ACCOUNT, WE ARE ACTING AS YOUR AGENT AND NOT AS THE AGENT ON BEHALF OF THE THIRD PARTY.
YOU AGREE THAT LANDMARK CREDIT UNION and OUR SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR POPMONEY TRANSFER INSTRUCTIONS; AND (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE POPMONEY INSTRUCTIONS.
ELIGIBLE LANDMARK CREDIT UNION ACCOUNT TYPES
You may use your Landmark Credit Union checking or savings accounts for Online Money Movement Service.
Popmoney is a fee based service. Usage fees will be displayed when you initiate the Popmoney transfer request. You understand and agree that we may from time to time impose additional charges in connection with your Popmoney transfer transactions. We will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Landmark Credit Union account in the amount indicated.
A. General Consent; Categories of Records
The Online Money Movement Service is an electronic, Internet based service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
This Agreement and any amendments, modifications or supplements to it. Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions. Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law. Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service. Any other communication related to the Service. Although Landmark Credit Union reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
B. How to Withdraw Consent to Receive Electronic Communications
If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service Discontinuation section listed below) and stop using the Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made prior to 4 p.m. EST/EDT).
C. How to Update Your Records
You agree to promptly update your registration records if your e-mail address or any other enrollment information changes (physical address, phone, account numbers, etc.) You may update your records, such as your email address, by using the Profile page in Popmoney screens.
D. Delivery of Electronic Communications
Communications may be delivered to the email address you provide, or may be posted on the pages of the Service website or other Landmark Credit Union website pages. Any Electronic Communication sent by email will be deemed to have been received by you when Landmark Credit Union sends it to you, whether or not you received the email. An Electronic Communication by email is considered to be sent at the time that it is directed by us to your provided email address. If the Electronic Communication is posted on the Service or Landmark Credit Union's website, then it will be deemed to have been received by you no later than five (5) business days after the Communication is posted on the webpage, whether or not you retrieve the Electronic Communication. An Electronic Communication made by posting to the pages of the Service or on Landmark Credit Union's website is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving Electronic Communications.
E. Hardware and Software Requirements
In order to access and retain Electronic Communications, you must have:
An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7 or above or Internet Explorer version 5.0 or above.
An e-mail account and e-mail software capable of reading and responding to your e-mail. A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing. Sufficient electronic storage capacity on your computer's hard drive or other data storage unit. A printer that is capable of printing from your browser and e-mail software.
SHARED SECRET CODE or PHRASE S USED FOR TRANSFERS
If you wish to make a transfer to an Account of another person you may be asked to provide a separate code word or phrase (referred to as the "Shared Secret") that is known only to you and to the person to whom you are transferring the funds (the "Recipient"). We recommend that you do not choose commonly used words, phrases or dates. In order to complete the transfer, the Recipient must provide the Shared Secret and certain other identifying information. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE EXCEPT THE RECIPIENT FOR ANY REASON. YOU FURTHER AGREE THAT YOU WILL INSTRUCT THE RECIPIENT NOT TO GIVE THE SHARED SECRET TO ANYONE ELSE FOR ANY REASON.
All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. We have multiple levels of security that have been designed especially for us. You can see a full description of our security policy by clicking on Security Policy in Online Banking.
IT IS IMPORTANT THAT YOU DO NOT SHARE YOUR ACCOUNT NUMBERS, INTERNET LOGIN ID and PASSWORD WITH ANYONE FOR ANY REASON.
IN THE EVENT OF UNAUTHORIZED TRANSFER
If you believe your Online Banking Username, Password and/or your Shared Secret Code has been lost or stolen, or that someone has transferred or may transfer money from your Landmark Credit Union Account(s) without your permission, contact us at once by calling 262-796-4500 Monday –Friday from 8:30 a.m. to 5:30 p.m.
You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us at 262-796-4500 promptly is the best way to protect your self from possible losses. If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within 2 business days that someone used your password without your permission, you can lose no more than $50.
If you do NOT tell us within 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.
You can see a complete statement of all your Popmoney transfers completed or pending at any time by clicking on the Activity tab. If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the transfer was posted to your statement, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time.
The Service will process requests for transfers on business days until 5 p.m. CST. Our business days are Monday through Friday. Holidays and Bank Holidays are not included.
TRANSFER TYPES AND LIMITATIONS
You may access Popmoney within the Service to transfer funds from one of your Accounts to an account of a Recipient. You may send Popmoney to a Recipient via a text message to their mobile telephone number or an email message to their email address, or by providing us with the recipient’s account number and bank routing number.
Popmoney transfers are limited to an aggregate of $2,000. This means $2,000 in total for outstanding outbound and incoming Popmoney transfers relating to all of your accounts. You may make up to $8,000 in Popmoney transfers (outbound payments to others or receipt of incoming funds to your account from others) within a rolling 30-day period. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service. We reserve the right to change from time to time the dollar amount of Popmoney transfers you are permitted to make using our Service.
Additionally, there are limits to the number of transfers you can make from your Landmark Credit Union savings account. Please refer to your copy of the account disclosures provided to you when you opened your account.
Generally, Popmoney transfers are completed within 3 business days. If the Popmoney transfer is initiated by sending an email or mobile phone text message the Recipient, the Recipient must respond by providing their bank routing number and checking account number to the Service within 10 business days. If the Recipient fails to respond timely with the required information, the Popmoney transfer will be cancelled/voided.
You may make one-time Popmoney transfers to Recipients or you may establish recurring/scheduled transfers to a Recipient. You may cancel a recurring Popmoney transfer until 5 p.m. CST on the business day the transfer is scheduled to be made by accessing Popmoney in our Online Banking website. If you need to stop a Popmoney transfer after it is sent, please contact us at 262-796-4500 and we will attempt to retrieve it for you. However, we may be unable to stop the payment.
Without limiting the foregoing, in the event that your use of the Popmoney Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Popmoney Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
REJECTION OF TRANSFERS
We reserve the right to decline to effect/complete any Popmoney transfer, to submit funds transfer instructions or orders, or to carry out any change or cancellation requests.
You authorize Landmark Credit Union and our Service Provider to complete and process the Popmoney transfer instructions you execute to us. You understand that to effect your Popmoney transfer instructions we utilize the Automated Clearing House (ACH). By using applicable ACH Rules, we will debit your selected Account for the amount of the transfer request and for the amount of the fee. These amounts will be held by the Service Provider's clearing bank. After our Service Provider and/or its clearing bank are reasonably certain that the debit from your account will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit the Recipient’s Account. The sole purpose for our Service Provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The Service Provider earns no interest on the funds in their transfer account. If the debit from your account fails or is returned for any reason and the credit to the Recipient’s account has been completed and cannot be retrieved, you authorize us and/or our Service Provider to collect the amount from another Account you own at Landmark Credit Union. We/our Service Provider reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return. There are fees associated with NSF items and a re-debit attempt may result in additional NSF fees to you.
You understand and agree that in a rare event, such as a natural disaster or national security concern, where our Service Provider is unable to execute your Popmoney transfer request utilizing ACH, they may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as a wire transfer or issuance of a check.
SUSPENSION AND REINSTATEMENT OF POPMONEY SERVICE
In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts (NSF) or to collect with respect to any of your Popmoney transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. Generally, one NSF transfer request will result in that account being suspended from the service. Two NSF transfers will result in your profile being suspended from the service. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided under this Agreement (see "Error Reporting and Claims," below). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, we in our sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Transfer Types and Limitations" above).
You may access a statement of all Popmoney transfers effected or pending at any time by clicking on the Activity tab within Popmoney. In addition, all Popmoney transfers and associated fees will appear on your checking or savings account statement.
YOUR RESPONSIBILITY FOR ERRORS
You understand that we must rely on the information provided by you. You authorize us to act on any instruction which has been, or reasonably appears to have been, sent by you and/or the Recipient. You understand that Recipient’s Account Provider receiving the Popmoney transfer instructions may also rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions from you or the Recipient beyond the Shared Secret Passcode provided, and will act on these received instructions without obtaining further confirmation. You understand that if you provide us with incorrect information, or if there is any error in your instructions, we will make all reasonable efforts to reverse or delete such instructions after you make us aware of your error; but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, Landmark Credit Union and our Service Provider reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
ERROR REPORTING AND CLAIMS
Contact us as soon as you can, at 262-796-4500 Monday – Friday from 8:30 a.m. to 5:30 p.m. CST, in case of errors or questions about your Popmoney transfers, or if you think your statement is wrong, or if you need more information about a Popmoney transfer listed on your statement. You can see a complete statement of all your Popmoney transfers effected or pending at any time by clicking on the Activity tab. We must hear from you within 60 days after we FIRST posted the transfer to your statement.
When you contact us:
(1) Tell us your name, and the account number of the Account to which the error relates.
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
(3) Tell us the date and dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether we committed an error 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/debit the applicable Accounts within 10 business days for the amount you believe is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable Accounts.
We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written (email) explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of the Recipient’s Account Provider. Although we may try to assist you/them in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the Recipient’s Account Provider. Any rights you/they may have against a Recipient’s Account Provider for such errors, delays or other problems are subject to the terms of the agreements the Recipient has with their Account Provider, including any time limits during which complaints must be made.
You acknowledge and agree that we own all rights in and to the Online Money Movement Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Landmark Credit Union's Online Money Movement Service or any of our services or technology.
NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
SERVICE CHANGES AND DISCONTINUATION / SERVICE CANCELLATION
We may modify or discontinue the Service or your account(s) with us at any time, with or without notice, without liability to you, any other user or any third party. We reserve the right without limitation, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Agreement Terms or Conditions, or any rights of Landmark Credit Union, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Online Money Movement Service.
You may contact us at any time to cancel/terminate your Service at the number and address provided in this Agreement. If you have pending Popmoney transfers, these transactions must clear your account before your cancellation request will be effective. If you have recurring Popmoney payments scheduled, you must cancel each of these recurring transfers BEFORE your cancel your Service. Once your account has been terminated for any reason, you will have no further right or access to use the Service for any reason.
USE OF SMS (TEXT) MESSAGING
Users of the Popmoney Service may receive SMS (text) messages relating to their payments, such as notice of payment, alerts for validation and receipt of a transfer. Popmoney will verify your access to the mobile phone number. To enable this verification, Popmoney will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated bank account. You may receive SMS messages related to your transactions from time to time, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Questions: You can contact us using the instructions on our Online Banking website, or at any time from your mobile phone by sending a text message with the word "HELP" to this number: POPMON.
To opt out of the Program: To stop receiving SMS messages you can initiate the opt-out process by sending a SMS message. Just text "STOP" to this number: POPMON.
LINKS TO THIRD PARTY SITES
Landmark Credit Union’s website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. We do not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that we are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
You understand that the Recipient’s Account Provider may contact us to verify the content and authority of your Popmoney transfer instructions and any changes to those instructions. You agree that we may provide to the Recipient’s Account Provider such information as may be required to verify your instructions and may constitute a valid security procedure under the rules governing your accounts with us and with other Account Providers.
DEVIATING FROM SECURITY PROCEDURES
You agree to allow us to authorize any financial institution involved in the Popmoney transfer to accept funds and your transfer instructions in accordance with any authorization procedures as may be agreed to from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.
ACCOUNT NUMBER POLICY
If your Popmoney transfer instructions identify a bank by name and routing number, and the Recipient’s name and account number, the Recipient’s Account Provider may execute those instructions by reference to the numbers provided only, even if the number does not correspond to the name provided. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that Landmark Credit Union and our Service Provider have no responsibility to investigate discrepancies between names and numbers.
JOINT ACCOUNT HOLDER
In submitting your application for the Online Money Movement Service, you confirm that if any of your Accounts at Landmark Credit Union is a jointly held account, the joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Online Money Movement Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.
MEANS OF TRANSFER
While we have previously indicated most Popmoney transfers will occur via ACH, you authorize us to select any means we deem suitable or necessary to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearing house (ACH), as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time (typically within 3 to 5 business days); however, we reserve the right to hold funds beyond the normal period from time to time depending upon circumstances.
RECEIVING POPMONEY TRANSFERS
In the event that you are an intended Recipient, another Online Money Movement customer (the "Transferor") has instructed us to transfer funds (the "Funds") to your account with us. In addition to the Terms stated herein relating to your outgoing Popmoney transfer activity, you agree to accept the terms and conditions set forth below regarding your receipt of Popmoney funds from others.
You authorize us to transfer (credit) the Funds to your Landmark Credit Union account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the "Information") the same as a Recipient of your Popmoney transfers would be asked to do.
Therefore, we may ask for:
1) Your full name;
2) Your current residential address;
3) Your account number; and
4) The Shared Secret word/phrase known only by you and the transferor.
To enable you, and only you, to receive the Funds, the Transferor has given you the Shared Secret code. If you have not received the Shared Secret, please contact the Transferor directly. The Shared Secret is stored in encrypted form by our Service Provider. No one at Landmark Credit Union has access to the Shared Secret. No one at Landmark Credit Union will know or need to know the Shared Secret, and our employees will never ask for the Shared Secret. YOU AGREE THAT YOU WILL NOT GIVE THE SHARED SECRET TO ANYONE FOR ANY REASON. You agree that we shall not be liable for any losses that may result if you disclose the Shared Secret to another person.
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. Without limiting the foregoing, we will reject any transfer if you do not enter the Shared Secret correctly after three  attempts. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
If we do not provide a Popmoney transfer on time (3 to 5 business days), if we cause an incorrect amount to be removed from your Account or if we cause funds from your Account to be transferred to any account other than the Recipient’s Account specified in your transfer instructions, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. We will not be responsible or liable if the Recipient’s Account Provider systems fails and we are unable to complete the transfer. Except as otherwise required by law, we will in no event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty provided in this Agreement.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have sufficient available funds in your Landmark Credit Union Account to make the requested Popmoney transfer. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the Popmoney transfer and the transfer is not completed or is later reversed.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a Popmoney transfer or if Landmark Credit Union’s website was not working properly and you knew about the breakdown when you started the Popmoney transfer.
LIMITATION OF WARRANTY AND LIABILITY
YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON LANDMARK CREDIT UNION’S WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Landmark Credit Union, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Online Money Movement Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Landmark Credit Union Account(s), of any intellectual property or other right of any person or entity.
You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Online Money Movement Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Landmark Credit Union’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Online Money Movement Service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Online Money Movement Service following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at our discretion. All notices to us must be made in writing. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the Online Money Movement Service by us.