Zelle Network^® Standard Terms

1. Description of Services

1. We have partnered with the Zelle Network^® (“Zelle^®”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle^® or enrolled with another financial institution that partners with Zelle^® (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle^® as “Network Banks
2. Zelle^® provides no deposit account or other financial services. Zelle^® neither transfers nor moves money. You may not establish a financial account with Zelle^® of any kind. All money will be transmitted by a Network Bank.
3. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this agreement (“Agreement”). You represent that you have the authority to authorize debits and credits to the enrolled account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Content Standards: You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle^®, as determined by Zelle^® in its sole discretion; or (f) in Zelle^®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle^® have any obligation to monitor any content, both we and Zelle^® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle^® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle^® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle^® tag.” You will be limited to one Zelle^® tag per account, and each Zelle^® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle^® tag must meet the Content Standards. You may not select a Zelle^® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle^® have any obligation to monitor User Zelle^® tags, both we and Zelle^® have absolute discretion to remove a User Zelle^® tag at any time and for any reason without notice. We and Zelle^® may require you to change your Zelle^® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle^® may also monitor User Zelle^® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle^® tag that is offensive, indecent, or objectionable. We and Zelle^® are not responsible for, and assume no liability, for any User Zelle^® tags, including any loss or damage caused thereby. We and Zelle^® make no representation or warranty that a User Zelle^® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.

Subject to applicable law, Kinecta Federal Credit Union (“Credit Union”) may amend or change this Agreement (including any applicable fees and service charges) and any other disclosures or agreements at any time, in the Credit Union’s sole discretion, by posting a revised version. The revised version will be effective immediately at the time it is posted unless a delayed effective date is expressly stated therein. The Credit Union may also provide you with an email notification of such amendments. The Credit Union may require you to affirmatively acknowledge or accept the revised disclosure and Agreement to continue using the Service. Any use of the Service after a notice of change (whether by posting, email, or express acknowledgement or acceptance) will constitute your express agreement to such changes.

You agree that we may send you information related to Zelle^® and the Services through your communication service provider in order to deliver the information to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid U.S. mobile phone number, e-mail address, or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Service. You understand and agree these Services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer, and other move money transactions, through the Service may be delayed or impacted by factor(s) pertaining to your internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery, or mishandling of, or inaccurate content in, information and instructions sent through the Service.

3. Consent to Share Personal Information (Including Account Information)

By accepting this Agreement, you consent to the Credit Union sharing your personal information, (including credit union account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:

1. As necessary for the Credit Union to complete transfers;
2. As necessary to resolve a problem related to a transfer or payment between you and another user;
3. To verify the existence of your Credit Union account, or debit card, as applicable;
4. To comply with government agency or court orders or other legal process;
5. eTo our affiliates, as permitted by law;
6. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
7. To comply with inquires in connection with fraud prevention or any investigation;
8. For our general business purposes, including without limitation data analysis and audits;
9. As otherwise permitted by the terms of our Privacy Policy and Consumer Privacy Policy, as discussed in the Section below titled “Privacy and Information Security;” or
10. If you give us prior verbal or written permission.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy and Consumer Privacy Policy at the following links: Privacy Policy and Consumer Privacy Policy, which Privacy Policy and Consumer Privacy Policy are incorporated into and made a part of this Agreement by this reference.

5. Wireless Operator Data

We or Zelle^® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle^® with your wireless operator account profile information for the duration of our business relationship.

6. Enrolling for the Service

1. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
2. Once enrolled, you may:
   1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
   2. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
3. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
4. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle^®. The Z logo will be displayed to other Users to aid them in determining which of your U.S. mobile numbers or email addresses should be used to send money with Zelle^®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle^®.

7. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle^® tag, and/ or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle^® tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle^®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle^® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
2. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
3. In the case of any messages that you may send through either us or Zelle^® or that we may send or Zelle^® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle^® sends on your behalf may include your name.
4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle^®, including messages that you may send through us or through Zelle^® or that we may send or Zelle^® may send on your behalf.
5. To cancel text messaging from us, send STOP to 27036. For help or information regarding text messaging, send HELP to 27036, contact our Member Contact Center at 800.854.9846 or log on to online banking and send us a secure message. You expressly consent to receipt of a text message to confirm your “STOP” request.
6. Supported Carriers: All Major Wireless Carriers.

8. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle^® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle^® and the other Network Banks, we may need or Zelle^® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

9. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle^®, either in the Zelle^® mobile app or with a Network Bank, the money is sent directly to their account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle^® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle^®, either in the Zelle^® mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle^®, or otherwise ignore the payment notification, and the transfer may not occur. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

10. Liability

Neither we nor Zelle^® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle^® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle^® shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE^® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE^® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

11. Send Limits

Transactions made using Zelle^® allow for one-time requests for processing. The per transaction limit is $500 per item with a daily limit of $1000, and subject to change, without notice, by the Credit Union. Your limits may be adjusted from time to time at our sole discretion. You may contact the Credit Union at 800.854.9846 regarding your transaction limits. At the Credit Union’s discretion, it may refuse to process any transaction that exceeds any established limits. If a transaction exceeds the established limits, you are responsible for making alternate arrangements.

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle^® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle^® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle^® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle^®, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle^®. Neither we nor Zelle^® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

Notify the Credit Union immediately if you believe there is an error or if you have questions about your electronic fund transfers. You must telephone the Credit Union at 800.854.9846, log on to online banking and send us a secure message, or write to us at Kinecta Federal Credit Union, P.O. Box 10003, Manhattan Beach, CA 90266, as soon as you can, if you think your periodic statement for your account is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the applicable periodic statement for your account that identifies the problem or error.

When contacting us, please make sure to:

1. Tell us your name and account number (if any);
2. Describe the error or the transfer you are unsure about and explain as clearly as possible why you believe it is an error or why you need more information; and
3. Tell us the dollar amount of the suspected error

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and we 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 provisionally 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 provisionally credit your account. 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.

*If you give notice of an error within thirty (30) days after you make the first deposit to your account, we may take up to twenty (20) business days instead of ten (10) business days to provisionally credit your account for the amount you think is in error.

**If you give notice of an error within thirty (30) days after you make your first deposit to your account, notice of an error, point-of- sale, or foreign-initiated transactions, we may take up to ninety (90) days instead of forty-five (45) to investigate your complaint.

14. Your Liability for Unauthorized Electronic Fund Transfers

You are responsible for all transfers you authorize using the Service. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. You understand and agree that you will be responsible for all transactions that you make and/or initiate, including fraudulent transactions where you initiate the transaction but are the victim of fraud or transactions you initiate in error. When you give someone your password or other means to access your account through which you access the Service, you are authorizing that person to use your Service, and you are responsible for all transactions that person performs while using your Service, unless otherwise provided for by applicable law. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions, unless otherwise provided for by applicable law.

Notify the Credit Union immediately if you believe your password or other credentials to access the Service have been lost or stolen or that an unauthorized online transfer has been made from any of your accounts. Telephoning us is the best and fastest way of keeping your possible losses to a minimum. You could lose all the money in your accounts, (plus your maximum overdraft Line of Credit, if you have one with us).

If you tell us within two (2) business days after you discover the loss or theft, you may be liable for no more than $50, if someone accesses your account without your permission.

If you do not tell us within two (2) business days after you discover the loss or theft of your password or other credentials to access the Service, or that an unauthorized online transfer has been made from any of your account, and we can prove we could have stopped someone from making a transfer without your authorization if you had told us, you could lose as much as $500.

Furthermore, if any account statement shows online transfers that you did not make, tell us immediately. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

If you believe your password or other credentials to access the Service has been lost or stolen or that someone has transferred or may transfer money from your accounts using the Service without your permission, call: 800.854.9846 or write to: Kinecta Federal Credit Union, P.O. Box 10003, Manhattan Beach, CA 90266. For purposes of these disclosures, our business days are Monday through Friday, excluding U.S. federal holidays.

15. Liability for Failure to Complete Transfers

If we do not complete a transfer you send from your account in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:

1. If, through no fault of ours, your account does not contain sufficient available funds to make the transfer and the transfer would exceed any credit line or any overdraft for such account.

2. The Service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer and it was evident to you at the time you began the transfer.
3. If you provide an incomplete or incorrect password, or you answer security questions incorrectly, or you do not enter correct login information supplied by us to authenticate your identity, or because your password has been repeatedly entered incorrectly, or you have not properly followed any applicable computer, Internet, or Credit Union instructions for making transfers or using the Service.
4. If the funds in your account are subject to an uncollected funds hold, legal process or other circumstances restricting such transaction or payment.

5. If your account is closed or if it has been frozen.
6. If we received incorrect or incomplete information from third parties.

7. If you, or anyone you allow to access the Service, commits any fraud or violates any law or regulation or if any transaction is prohibited by law, regulation, court order, or would be considered illegal activity.

8. If our failure to complete the transaction is done to protect the security of your account and/or the Service.
9. If the payee mishandles or delays a payment sent through the Service.
10. If delays in processing and/or payment are caused by third-party software and/or services.
11. Circumstances beyond our control, such as fires, floods, acts of God, power outages and the like.

12. If you have not provided us with complete and correct transfer information, including without limitation the financial institution name and account number (if applicable), the email address or mobile phone number of the recipient for transfers you send and transfer amount for a transfer. 

The list of examples set out in this Section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances for which we would not be liable. Provided that no exceptions are applicable, if we cause an incorrect amount of funds to be removed from your account, or cause funds from your account to be directed to a person or entity which does not comply with your transfer or payment instructions, we will be responsible for returning the improperly transferred funds to your account and for directing to the proper recipient any previously misdirected transfers.

16. Fees

The Credit Union does not charge a fee for using Zelle^®. However, fees associated with text messaging may be assessed by your mobile carrier and data rates may apply. In addition, fees may apply if you use Zelle^® through another institution or through Zelle^®’s separate transfer service website or mobile app. The Credit Union reserves the right to assess fees in connection with the Zelle^® service or other transfer services in the future. If the Credit Union does assess fees, they will give you reasonable notice as required by law and they may deduct any applicable fees from the funding account used for the transfer transaction.

17. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Electronic Services Agreement and Disclosure, which are available at Electronic Services Agreement and Disclosure and incorporated into and made part of this Agreement by this reference.

18. Cancellation of the Service

If you wish to cancel the Service, please contact the Credit Union at 800.854.9846, log on to online banking and send a secure message, or visit any branch location for assistance. Any payment(s) that have begun processing before the requested cancellation date will be processed by the Credit Union. You agree that the Credit Union may terminate or suspend your use of the Service at any time and for any reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.

19. Right to Terminate Access

In the event you violate any terms of this Agreement or there are unauthorized fraudulent transactions related to your account or the Credit Union incurs problems with your use of the Service, you agree that the Credit Union, in its sole discretion, at any time and without prior notice, may suspend or terminate your access to the Service.

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, THE CREDIT UNION AND ZELLE^® MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. THE CREDIT UNION AND ZELLE^® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. THE CREDIT UNION AND ZELLE^® DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR- FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE^® OR THE CREDIT UNION, THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE^® OR THE CREDIT UNION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE^®’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE^® OR THE CREDIT UNION, THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle^®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.

You agree to defend, indemnify, and hold the Credit Union, and its officers, directors, and employees harmless from and against any and all costs, liabilities, losses and expenses including, but not limited to, reasonable attorneys’ fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought or threatened by a third party relating to: (a) a breach or alleged breach by you or any of your representations, warranties, covenants, or obligations hereunder, (b) your use or misuse of the Service, or (c) infringement or misappropriation of any Intellectual Property or the Intellectual Property rights of any third party by you.

23. Governing Law; Choice of Law; Severability

This Agreement will be governed by and interpreted in accordance with California law and regulations to the extent not preempted by federal law. Any action between you and the Credit Union shall be subject to the jurisdiction and venue provisions of the Agreements and Disclosures for Share Accounts, Truth in Savings, and Electronic Services, which is hereby incorporated into this Agreement. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect, and such invalid, illegal or unenforceable provisions shall, to the extent permitted and possible, be deemed replaced by a provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable provision.

24. Miscellaneous

Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle^®’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

Zelle^® and the Zelle^® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “System”) necessary for you to access and use the Service. This responsibility includes, without limitation, you utilizing up to date web- browsers and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you are using the Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third-party site where you may download software, we make no endorsement or warranty of any specific software, hardware or Internet service provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

You also understand and acknowledge that we will never contact you by telephone, text, or email to request sensitive information such as your card numbers, account numbers, login ID, PIN, password, or other means of accessing your accounts, or to request that you initiate a transaction through Zelle^®, and you should remain vigilant and suspicious of persons requesting such information from you, even if they claim to be calling on our behalf.

We may at our option change the parameters for the password used to access and use the Service without prior notice to you, and if we do so, you will be required to change your password the next time you access the Service. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Service, you agree to protect and keep confidential your card number, account number, PIN, login ID, password, or other means of accessing your accounts via the Service.

In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement and the terms of your Agreements and Disclosures for Share Accounts, Truth in Savings, and Electronic Services (including the arbitration agreement included in the Agreements and Disclosures for Share Accounts, Truth in Savings, and Electronic Services) with the Credit Union, which is incorporated herein by this reference.