Home Banking Agreement.
This Home Banking Agreement is between Third Federal Savings and Loan Association of Cleveland ("we," "us," "our," or "Third Federal") and any eligible consumer who enrolls in our Online Banking service and/or uses our Personal MoneyLine service ("you," "your," or "yours"). We agree to provide Online Banking services and/or Personal MoneyLine services to you on the terms set forth in this Home Banking Agreement, and on any additional terms you accept when enrolling in specific Online Banking services (together, our "Agreement" with you).
When you use any of the Online Banking services and/or Personal MoneyLine services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.
This Agreement describes your and our rights, responsibilities, and obligations.
"Account" means any checking, savings, mortgage, Equity Line of Credit or other account you have with us for personal, family or household use, and which we designate on our website (www.thirdfederal.com) as an "Account" that may be accessed via Online Banking.
“Mobile Application” means the Online Banking programs we make available for use with your Wireless Device.
“Mobile SMS Text Message Banking” means the Account activity alerts you may ask to have delivered to your Wireless Device by text message, as well as the text messages we may exchange with you for purposes of responding to any of your on-demand Account inquiries.
"Mobile Suite” means the group of Online Banking services, features and programs that we make available from time to time for use with your Wireless Device and Wireless Services, which will provide you with limited access to certain Online Banking services. The Mobile Suite includes Mobile Applications, Mobile SMS Text Message Banking, and Mobile Web Banking. The Mobile Suite is designed to optimize your experiences with our Online Banking services, based on the Wireless Device and Wireless Services that you choose. Not all of the Online Banking services, features and programs that are available when you use a personal computer will be available when you use your Wireless Device and Wireless Services.
“Mobile Web Banking” means the dedicated Internet address (URL) you can use with your Wireless Device for access to our Online Banking services, as an alternative to using a Mobile Application.
"Online Banking Password" means the confidential string of characters and/or digits used for identification purposes in connection with the use of our Online Banking service.
"Online Banking service" means the Account information and Account services we make available or provide to you using Internet and cellular data services, when you use a personal computer or Wireless Device.
"Password," "Personal Identification Number" or "PIN" means the confidential string of characters and/or digits used with your User ID for identification purposes in connection with the use of our Online Banking and Personal MoneyLine services.
"Personal MoneyLine PIN" means the confidential personal identification number used for identification purposes in connection with the use of our Personal MoneyLine service.
"Personal MoneyLine service" means the audible Account services and audible Account information we make available or provide to you by telephone, such as information about your Account balances, rates, and other information about our available products and services.
"Secure E-mail" means the secure electronic communications you and we exchange with each other through the electronic message center provided as part of our Online Banking services, or the secure electronic communications you and we exchange with each other using a secure message service we select and approve for your use and ours. Electronic mail messages you send to us by other means, even if correctly addressed to us or one of our employees, are not secure. Please do not send confidential personal or financial information to us by electronic mail, except by Secure E-Mail provided as part of the Online Banking service or another type of Secure E-Mail we selected and approved for this purpose.
"Transfer" means any electronic banking transaction, including a deposit, withdrawal, or payment, made electronically.
"User ID" is your unique identification number that must be used, along with your PIN, before we will provide Online Banking services or permit access to your Account information.
“Wireless Device” includes the mobile phones, mobile tablets, and other mobile devices and equipment that can be used to access the Internet and that can use programs and applications designed for use with these devices.
“Wireless Service” means the wireless telecommunications and data services you may purchase through various wireless service providers, which allow you to access the Internet and use various applications with your Wireless Device, including our Mobile Applications. Depending on your Wireless Service contract, special data rates may apply and your Wireless Service provider may require you to pay additional charges when you use the Mobile Suite of products, and when you and we exchange data and information associated with our Online Banking services.
II. Setup and Use of Online Banking.
Before you may use our Online Banking services, you must first complete the online enrollment form for Online Banking services available on our website (www.thirdfederal.com). If we determine you are eligible, we will enroll you in our Online Banking services.
To enroll in Online Banking, you must have at least one Account with us. Once you enroll, you will receive an initial User ID. You will need both a User ID and temporary password before you can log on and receive Online Banking services. If you already have a Personal MoneyLine PIN, you will need to select a new PIN as part of the Online Banking Enrollment Process and then use it the next time you access Personal MoneyLine. If you do not have a Personal MoneyLine PIN, you must select a temporary PIN as part of the enrollment process. This temporary PIN is used as your temporary Password when you access Online Banking for the first time.
The first time you log on and ask to use any Online Banking services, you will immediately be required to change your Online Banking Password. (Your Personal MoneyLine PIN will not change when you change your Online Banking Password.) You may change your Online Banking Password and/or Personal MoneyLine PIN at any time. We may require you to change your Personal MoneyLine PIN or Online Banking Password at any time for security reasons. You must keep your User ID, Personal MoneyLine PIN and Online Banking Password in a secure location. Any person who has access to your User ID and Online Banking Password will be able to access Online Banking and perform all Account transactions and inquiries that you may perform.
Using Online Banking and Personal MoneyLine, you can access only those Accounts for which you are an authorized signatory, including those Accounts where you are a sole or joint owner, trustee, custodian, or co-signer. Online Banking and Personal MoneyLine services are generally accessible 24 hours a day, seven (7) days a week, except that either service may be inaccessible on occasion for a reasonable period of time for system maintenance or for other reasons beyond our control. We are not liable under this Agreement for failure to provide access to Account services and information due to a system failure, other unforeseen acts, acts by third parties beyond our control or for any other loss under circumstances as otherwise indicated in this Agreement. We may modify, suspend, or terminate (see Section VII) access to Online Banking or Personal MoneyLine at any time and for any reason without notice.
C. Equipment and Software Requirements.
To use Online Banking services, including the Mobile Suite, you must maintain, at your sole cost and expense, all of the equipment, hardware, software and services that satisfy the technical requirements we specify from time to time and that allows you to obtain and keep secure access to the Internet and cellular data services as required by the Agreement. You must pay any and all expenses related to the use of the Online Banking services, including but not limited to telephone, data, and Internet service charges. To use Online Banking services by personal computer, you need a personal computer with a working and compatible operating system and browser, secure access to the Internet provided by a service provider of your choice, and a printer or storage device. To use Online Banking services by a Wireless Device, you need a Wireless Device and Wireless Services that are compatible with our Mobile Suite of products and that permit secure access to the Internet and cellular data services. A faster processor will give a better Online Banking experience. A connection to the Internet that provides throughput of 28.8 kbps or higher is sufficient. A Web browser that supports 128-bit encryption, or better, is required. You are responsible for the setup and maintenance of your home computer, modem, Wireless Devices, and Wireless Services. You agree to scan your personal computer, Wireless Device, hardware, and software on a regular basis, using a reliable virus detection product, to detect and remove any viruses or harmful malware.
To access communications from us sent to your external e-mail address, you must have an active e-mail account with an Internet e-mail service provider and software enabling you to download and view Internet e-mail. To print or download communications for Online Banking, you must have a printer connected to your computer and software that allows you to print from your computer, or sufficient hard-drive or disk space to save the communications.
D. Limitation of Liability.
Disclaimer of Liability.
You agree that we are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser, your Internet service provider, your software or any equipment you may use, including your telecommunications facilities, computer hardware and modem to access or communicate with Online Banking. You are responsible for the correct setup of your personal computer and Wireless Devices. Neither we, nor any of our service providers, are liable for damages of any kind (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or system-wide failure, that may arise or result from the use or maintenance of any personal computer, Wireless Device, or other equipment or items necessary to operate Online Banking. You agree that we are not liable to you for any claims or damages that may result from or relate to any virus or malware or related problems that may be associated with your use of e-mail or the Internet. You also agree that we are not liable to you for any claims or damages that may result from or relate to defects in or malfunctions of your personal computer, Wireless Device, hardware or software, or any failures of or interruptions in any electrical, telephone, mobile data, Wireless Services or Internet services. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO THE USE OF, INABILITY TO USE, OR TERMINATION OF THE USE OF ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
Limitation of Liability for Good Faith Reliance on Instructions.
We will not be liable to you or any third party for any loss that results from any action or inaction on our part, if our action or inaction is taken in accordance with instructions that we believe, in good faith, to be reliable and authorized by you, unless and only to the extent expressly required by applicable law.
The Account documents, files, data, and other information you and we may exchange depends on the performance of Internet and telecommunications services provided or controlled by third parties. The action or inaction of these third parties can disrupt your and our connections to the Internet and telecommunications services. You agree that we are not liable to you for events that arise from or are related to any such events. We shall not be liable to you for damages of any kind, whether in contract, tort, or otherwise, that are attributable or related in any way to the use and availability of Internet or telecommunications services, or your or our ability to connect to and use the Internet or telecommunications services.
E. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF ANY ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, AND ALL INFORMATION AND CONTENT PROVIDED BY AND FROM ANY SOURCE THROUGH THE ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT, UNLESS DISCLAIMING ANY SUCH WARRANTY IS EXPRESSLY PROHIBITED OR LIMITED BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE ONLINE BANKING SERVICES ARE FREE FROM ANY COMPUTER VIRUS OR OTHER SOFTWARE-RELATED PROBLEMS.
III. Online Banking Services.
A. Online Statements:
Electronic Delivery. We will provide certain Account statements, change of Account terms, and other Account notices ("Online Statements") to you electronically, if you enroll in Online Statements as part of your Online Banking services. To access your Online Statements electronically, you must be enrolled in Online Banking and meet the other requirements outlined in the Home Banking Agreement.
Your Consent is Required. You must consent to receiving Online Statements electronically before we can provide them to you using that method. You provide your consent for electronic delivery of these materials when you enroll in Online Statements.
Maintain a valid Email Address. You agree to maintain a valid, active email address so we can notify you when your Online Statements are available for viewing online. You agree to notify Third Federal immediately of any change to your email address.
Withdrawal of Consent and Update of Information. You have the right to withdraw your consent at any time to receive Online Statements electronically. To withdraw your consent or update information we need to contact you electronically, you may call us toll-free at 1-877-487-1748; write us at Third Federal Savings & Loan, Attn: Online Banking, 7007 Broadway Avenue, Cleveland, Ohio 44105; send us a Secure E-mail through Online Banking; or email us at email@example.com.
System Requirements to Access and Retain the Information. To view your Online Statements, you must meet the equipment and software requirements outlined in the Home Banking Agreement.
Closed Accounts. You will not be granted access to Account information through Online Banking, including Online Statements, after the Account has been closed. Your last Account statement will be mailed to the address we have on file for you.
Copy of Statement. To request a copy of your Account statement, you may visit one of our branches; call us toll-free at 1-800-844-7333; write to us at Third Federal Savings & Loan, 7007 Broadway Avenue, Cleveland, Ohio 44105; send us a Secure E-mail through Online Banking; or email us at firstname.lastname@example.org. See our current fee schedule for details on applicable fees.
B. Internal Funds Transfer and Services Offered:
Account Transfers. You may make transfers between Accounts that you have with us. You may transfer funds through Online Banking in any amount. We will deduct the amount of your funds transfer from your Account on the date you ask us to process it or at the earliest time after that when our systems and employees are able to receive and process your request. We may refuse to act on your funds transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Accounts on the date you want us to transfer funds.
Scheduled Recurring Transfers. You may schedule one or more transfers between your Accounts to occur on a weekly, monthly, or bi-monthly basis.
(a) Transfers scheduled for a specific date that falls on a Saturday, Sunday or Federal holiday will be deducted from your available balance and posted to your Account on the next business day.
(b) Transfers scheduled for a date that does not exist in a calendar month (i.e., 29, 30, and 31) will be processed on the last day of the calendar month.
(c) You will receive a "success transfer" or "failed transfer" email indicating information entered at the time of origination of a scheduled recurring transfer. Scheduled recurring transfers may be added, deleted, and/or changed up to the scheduled date of transfer; provided, however, you have given us adequate time to act on your instruction before the particular recurring transfer has been carried out.
(d) You are responsible for managing your scheduled and/or recurring transfers and keeping track of when they expire.
Obtain Account Balances. Your Account balance is generally current, but may not include transactions that have not been posted (such as checks cashed at a teller window on the same day). In addition, your Account balance may show funds that have been credited to your Account, but that are not yet available for withdrawal.
Notifications. You may establish criteria through our Online Banking service to have certain types of informational Account notices sent to you in different ways. For example, you can arrange to have an email message notifying you when a specific check has been paid from your checking Account, or when an Account balance is above or below the dollar amount you specify, or when a Certificate of Deposit Account is near its maturity date. Check our Online Banking website for more details about the options that are available to you. The informational Account notices you may request through Online Banking are not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.
Transaction History. For specified Accounts designated on our website (www.thirdfederal.com), you may review the history of past Account transactions over at least the previous six (6) months. The Account transaction history you review through Online Banking is not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.
Secure E-mail. You may exchange Secure E-mail messages with us through the electronic message center we provide as part of our Online Banking services or through a secure message service we select and approve for your use and ours. Electronic mail messages you send to us by other means, even if correctly addressed to us or one of our employees, are not secure. You may not use e-mail messages, even Secure E-mail, to initiate transfers on your Accounts or make stop payment requests.
These activities are limited to the extent noted above and in the agreements governing your various Accounts, including, but not limited to, your Deposit Account Agreement. You should refer to these agreements for restrictions and service charges.
C. External Funds Transfer:
Subject to the terms of the Funds Transfer Agreement, you may transfer funds to or from your checking, savings, or investment account(s) at any financial institution to or from your deposit account(s) at Third Federal. You must be an owner of the accounts in order to conduct external funds transfer. For complete details, see the Funds Transfer Agreement.
D. Mobile Suite:
The Mobile Suite of products is available to any customer who is eligible and enrolled in Online Banking. Before you access any of the products in the Mobile Suite, you must already be enrolled in Online Banking and have your own Wireless Device to access the service from. Third Federal does not provide Wireless Devices or perform Wireless Services required to use any Wireless Device. You are agreeing to the terms and conditions of the Mobile Suite presented in the Home Banking Agreement. By accepting the Home Banking Agreement, you are agreeing to the terms and conditions that apply to the products currently offered as part of the Mobile Suite, as well as any future enhancements that might be made to those Mobile Suite products. To use the Mobile Suite, your Online Banking relationship must be verified and the Wireless Device must be authenticated.
You are responsible for managing your own mobile message and data plan and other Wireless Services through your wireless service provider, as well as your Wireless Devices. Once enrolled in both Online Banking and Mobile Suite, you determine which products to access and you are responsible for managing mobile phone numbers, lost devices, etc. If you have problems using any Wireless Device or Wireless Services, you must contact the provider of your Wireless Device or your Wireless Services and ask that provider for assistance. We will not troubleshoot, diagnose, or repair any Wireless Device or Wireless Services.
You are responsible for selecting and using a compatible Wireless Device. In addition, you must purchase your own Wireless Service plan to use the Mobile Suite. If you do not have a message and data mobile plan, you will be unable to use the Mobile Suite.
You may cancel the Mobile SMS Text Messaging Banking services at any time. To do this, you must either log on through our Online Banking website and deactivate the service there, or text the word “Stop” to us at 454545. You will receive a one-time opt-out confirmation text.
If you deactivate your Wireless Device or a number associated with your Wireless Device, you are responsible for deactivating any further ability to use your Wireless Device or its number through Online Banking, as well as the Mobile Suite.
Before you may use any product offered as part of the Mobile Suite, you must first use a personal computer to enroll in and access our Online Banking services. Once this is complete, you can use your Wireless Device and Wireless Services as needed for access to the Mobile Suite.
The informational Account notices, Account transaction history, and other Account information you receive or review through the Mobile Suite is not a replacement or substitute for the complete and official Account statements, correspondence, and notices we provide as required by law, our Account agreement with you, and this Agreement.
You are responsible for keeping your Wireless Devices safe and secure. If a Wireless Device is compromised, stolen or lost, you must notify us immediately, so access to the Mobile Suite can be discontinued.
E. Changes to Products and Services:
We reserve the right, in our sole discretion and at any time and without any prior notice to you, to change or discontinue any and all of the products, services and features offered or made available through Online Banking.
The activities are limited to the extent noted above and in other agreements that govern your various Accounts with us, including, but not limited to, the Deposit Account Agreement and the Fee Schedule, each as amended from time to time. You should refer to these agreements and schedules for more information about restrictions, fees and service charges.
IV. Parties' Responsibilities.
A. Your Rights and Responsibilities.
Authorized Use and Control Over Access to Services.
You are responsible for keeping your PIN, Password and Account data confidential and for maintaining control over access to your Wireless Services. You are also responsible for keeping possession and control over your Wireless Devices, telephone, and personal computer. You understand that your election to use any public computer presents additional security risks. You agree that you are solely responsible for ensuring that no one, other than you, may use or access any of your confidential information, such as your PIN, Password, or Account information, if you elect to use any computer that is accessible to the public. You are also responsible for following instructions and advice and installing updates made available to you by the providers of your personal computer, hardware, software, Wireless Devices, and Wireless Services. We are entitled to act on transaction instructions received using your PIN and/or Password. You agree that the use of your PIN and/or Password will have the same effect as your signature authorizing the transaction. If you authorize other persons to use your PIN and/or Password in any manner, your authorization will be considered unlimited in amount and manner, until you have notified us in writing that you have revoked the authorization and changed your PIN and/or Password. You are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your PIN and/or Password. You must not use or permit the use of any Account or the Online Banking service for any unlawful purpose.
Your Liability for Unauthorized Transactions.
Tell us AT ONCE if you believe your User ID, PIN, Password or Wireless Device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your deposit Accounts (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft or your User ID, PIN, Password or Wireless Device, you can lose no more than $50 if someone used your User ID, PIN, Password or Wireless Device without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your User ID, PIN, Password or Wireless Device, and we can prove we could have stopped someone from using your User ID, PIN, Password or Wireless Device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or sent to you, 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. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
Contact in Event of Unauthorized Transactions.
You should change your Online Banking Password or Personal MoneyLine PIN and your User ID immediately through Online Banking or the Personal MoneyLine if you believe your PIN or Password has been lost or stolen, or if you suspect any fraudulent activity on your Account. If you believe your User ID, PIN, Password or Wireless Device has been lost or stolen, call us at 1-800-THIRD-FED (1-800-844-7333). You may also write us at Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio 44105 or, if you are enrolled in Online Banking services, you may send a Secure E-mail to notify us electronically using our Online Banking website (www.thirdfederal.com). You should also contact us in this manner if you believe a transfer has been made using the information from your check without your permission.
Our business days are Monday through Thursday, 9:00 a.m. to 4:00 p.m.; Friday, 9:00 a.m. to 6:00 p.m.; and Saturday, 9:00 a.m. to 1:00 p.m. Holidays are not included. Our Customer Service Representatives at 1-800-THIRD-FED (1-800-844-7333) are available to assist you Monday through Thursday, 8:30 a.m. - 5:00 p.m.; Friday, 8:30 a.m. - 6:00 p.m.; and Saturday, 8:30 a.m. - 1:30 p.m. All times shown are in the Eastern Time Zone. If you use Online Banking services, our facilities are operational 24 hours a day, 7 days a week, except during a short periods of time for maintenance. If you contact us electronically by sending a Secure E-mail after regular business hours, your message will be received and processed the next business day. With respect to your External Funds Transfers, our business days and hours of operation are set forth in the Funds Transfer Agreement.
In Case of Errors or Questions About Your Electronic Transfers.
Telephone us at 1-800-THIRD-FED (1-800-844-7333), write to us at Third Federal Savings and Loan, Attn: Online Banking Department, 7007 Broadway Avenue, Cleveland, Ohio 44105, or, if you are an enrolled user of Online Banking services, send a Secure E-mail to notify us through our website (www.thirdfederal.com), as soon as you, 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 sent the FIRST statement on which the problem or error appeared.
(a) Tell us your name and Account number;
(b) Describe the error or the transfer you are unsure about, and explain why you believe it is an error or why you need more information; and
(c) Tell us the 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 ten (10) business days.
We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) 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.
Keep Personal Information Up To Date. It is your responsibility to notify Third Federal immediately of any change to your email address and/or mailing address.
Documentation of Transfers or Notice of Transactions.
You will receive a monthly statement showing transactions and transfers made in your checking or statement savings Account, unless there are no transfers in a particular month. In any case, you will receive a statement at least quarterly.
If you have arranged to have direct deposits (preauthorized credit transfers) made to your Account at least once every sixty (60) days from the same person or company, you can call our Customer Service area at 1-800-THIRD-FED (1-800-844-7333) to find out whether or not the deposit has been made.
You may review your Account balances and a listing of your most recent Account transactions online. You may also use your home personal computer and printer to print out a copy of your instructions when you use Online Banking to direct a transfer between your Third Federal Accounts.
Documentation as Evidence.
Any documentation provided to you, which indicates that an electronic fund transfer was made, shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.
Cooperation With Our Investigations.
You agree to cooperate with us in the investigation of any unusual Account transactions, poor quality transmission, and resolution of claims that may relate to our Online Banking services and your Accounts. If we request originals or copies of any Account documents, records, or instruments that are in your possession or under your control, you agree to provide us with such Account documents, records or instruments at no cost to us.
B. Our Rights and Responsibilities.
Our Liability for a 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 this Agreement and our Account agreement with you, we are liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(a) If, through no fault of ours, you do not have enough money in your Account to make the transfer;
(b) If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account;
(c) If the transfer would go over the credit limit on your overdraft line;
(d) If the system was not working properly and you knew about the breakdown when you started the transfer;
(e) If circumstances beyond our control (such as fire, flood, interruption of telephone service or telecommunication facilities, equipment malfunction, strikes, labor trouble, power loss, acts of God, hostilities, acts of terrorism, emergency, or natural disaster) prevent the transfer, despite reasonable precautions that we have taken;
(f) If you have not properly followed the instructions for using Online Banking;
(g) If your operating system or software was not properly installed or functioning properly; or
(h) If another exception applies that is stated in this Agreement or another agreement between you and us.
Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental, or consequential damages. In states which do not allow the exclusion or limitation of liability for indirect, special, incidental, or consequential damages, our liability is limited to the extent permitted by applicable law.
V. Consumer Privacy.
We will disclose information to third parties about your Account or transfers you make:
- Where it is necessary for completing such transfers;
- To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
- To comply with government agency or court orders;
- Where it is necessary for legal, collection, accounting or auditing purposes; or
- If you give us your written permission.
Your Online Banking services remain in effect until terminated by you or us. You may cancel your Online Banking services at any time by notifying us of your intent to cancel by Secure E-mail; by calling our Customer Service area at 1-800-THIRD-FED (1-800-844-7333); or by writing to us at Third Federal, 7007 Broadway Avenue, Cleveland, Ohio 44105, ATTN: Online Banking Department. This cancellation applies only to your Online Banking services and does not terminate your other relationships with us. Your termination of your Online Banking services may automatically terminate any pending payments.
We may terminate your participation in and eligibility for the Online Banking service for any reason and at any time. We may, for example, terminate your participation in and eligibility for the Online Banking service if we suspect that you or someone else may be using or attempting to use any Account or the Online Banking service for any unlawful purpose. We will try to notify you in advance, but we are not obliged to do so. We may cancel your service when your Online Banking service remains inactive for more than six (6) months or you no longer have any active Accounts with us.
VIII. Changes in Terms and Other Amendments.
We may amend this Agreement with advance notice where required. Any changes to this Agreement will be posted on our website (www.thirdfederal.com) and will be provided to you when required by law. Your continued use of Online Banking following posting of amendments on our Online Banking website constitutes your acceptance of the terms and conditions of any posted amendment.
IX. Other Provisions.
A. Electronic Notice.
You agree that we may send general service-related notices to you by electronic mail. You may use Secure E-mail to contact us about inquiries, maintenance and/or some problem resolution issues. Sending electronic mail by means other than through our Secure E-mail message center in Online Banking or another Secure E-mail method we select and approve for your use may not be a secure method of communication. Please do not send confidential personal or financial information to us by e-mail, except by Secure E-mail.
There may be times when you need to speak with someone immediately (especially to report a lost or stolen PIN or to stop a payment). In these cases, do not use e-mail. Instead, you should call us at 1-800-THIRD-FED (1-800-844-7333).
B. Ownership of Web site.
The content, information, and offers on our website (www.thirdfederal.com) are copyrighted by Third Federal Savings and Loan Association of Cleveland and the unauthorized use, reproduction, linking, or distribution of any portions is strictly prohibited.
C. Governing Law.
This Agreement is governed by Federal law and, to the extent not preempted by Federal law, by the laws of the State of Ohio, without regard to conflict of law provisions. Your existing Account relationships shall continue to be governed by and construed in accordance with the laws as disclosed in such Account agreements.
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid by any court of competent jurisdiction, that part, term, or provision shall be conformed, if possible, to prevailing law in the State of Ohio, or, if preempted, federal law, rather than voided. If voided, the remaining portion or portions shall be considered severable and shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be illegal or invalid.