NEW USER REGISTRATION

1 Online Banking User Agreement Click here to view help


ONLINE BANKING USER AGREEMENT
This Online Banking User Agreement is by and between Affinity Plus Federal Credit Union (“Affinity Plus”, “We”, “Us”, or “Our" regardless of case) and the Affinity Plus member (“Member”, “You”, or “Your” regardless of case or plurality) who accepts the terms and conditions of this Online Banking User Agreement (“Agreement”) by registering for, and using the Online Banking Service (“Service”).
By using the Online Services you agree to these terms and conditions in their entirety; and you acknowledge that the terms and conditions may be amended from time to time by Affinity Plus upon distribution of an updated Agreement:
1. ACCOUNT OWNERSHIP
Any person with ownership rights to an account, including but not limited to joint ownership, may register and use any or all features of the Service. A transaction initiated by any owner of the account using the Service is considered an authorized transaction, and except as provided in this Agreement, Affinity Plus shall not be liable to you for such transactions. All persons with ownership rights to an account are responsible for access to and use of the Service with respect to such account.
2. USER ACCOUNT PROFILE
You agree it is your sole responsibility to ensure the contact information within your Online Banking account user profile is current, complete and accurate, including but not limited to your name, address, phone numbers, and e-mail addresses. Changes can be made either by using the Service or by calling the Affinity Plus at (651) 291-3700 or (800) 322-7228.
3. ACCOUNT AND OTHER ELIGIBILITY REQUIREMENTS
The Service is for consumer use only. To register for the Service, you must be a current, active member of Affinity Plus, and your account must not be dormant, closed or otherwise restricted. You agree to properly maintain your accounts, observe and comply with all account agreements and disclosures that govern your accounts, and pay all fees associated with your accounts. All transactions initiated through the Service are subject to the terms set forth herein and within the specific product (credit card, deposit and loan account) agreements and disclosures, including, but not limited to, current service charges/fees schedule and the Affinity Plus terms and conditions of membership. The Service is offered to residents of the United States only who can form legally binding contracts under applicable Federal and State law. Without limiting the foregoing, the Service is not available to members under the age of 18, and such members agree not to use the Service. By using the Service, you represent that you meet these requirements.
4. CONTACT US
You may contact Affinity Plus by calling us at (800) 322-7228. Our member advisors are available Monday through Friday from 9:00 a.m. to 5:15 p.m. CST. Affinity Plus is closed on all federal holidays. To e-mail us, contact us at affinityplus@affinityplus.org. For correspondence, please send mail to Affinity Plus Federal Credit Union, 175 West Lafayette Frontage Road; St. Paul, MN 55107.
5. PROCESSING DAYS AND TIMEFRAMES
A Business Day is from 9:00 a.m. to 5:15 p.m. Monday through Friday. A non-Business day is Saturday, Sunday, and all federal holidays. Affinity Plus processes transactions scheduled through the Service each Business Day. Each transaction you schedule by the cut-off time on any given Business Day will be processed on the same Business Day. You understand and agree that Affinity Plus reserves the right in our sole and absolute discretion to change the processing cut-off time without prior notice to you. A transaction you schedule on a Business Day by the cut-off time is reflected in your transaction history on the next Business Day. A transaction you schedule on a Business Day after the cut-off time or on a non-Business Day will be reflected in your transaction history on the second Business Day. A transaction you schedule that is not yet reflected in your transaction history may affect your available balance. Further, the transaction amount may appear in the available balance fields within the Service.
6. SYSTEM AVAILABILITY
You may access your account information through the Service 24 hours a day, 7 days a week, except during scheduled maintenance timeframes or in the event of service interruptions beyond the control of Affinity Plus. Affinity Plus will use reasonable efforts to provide or restore the Service in a prompt manner, but makes no guarantee that the Service shall be without temporary failure. The foregoing shall constitute the entire liability of Affinity Plus and your exclusive remedy. In the event of Service failure, you agree that you are responsible for carrying out your business through alternative delivery channels. Transactional information available to you through the Service is provided for your convenience and you shall have no recourse against Affinity Plus as to your use of such information. In no event shall Affinity Plus be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and/or the Service.
7. CONFIDENTIALITY
We will disclose information to third parties about your use of the Service, accounts or the transactions you affect:
1. As necessary to complete the transactions;
2. To verify the existence of sufficient funds to cover any specific transaction upon the request of a third party;
2. To comply with government agency requests, validly issued third party subpoenas or court orders; or
3. If you give us your permission for the disclosure.
See Privacy Policy of Affinity Plus for complete privacy details.
8. FEES AND CHARGES
Most of the features and transactions initiated through the Service are free of charge to you. For a list of fees and charges, please refer to the current Affinity Plus Fee Schedule. From time to time, Affinity Plus Fee Schedule may change at the sole discretion of Affinity Plus.
9. EQUIPMENT AND INTERNET
In order to use the Service, you will need access to a personal computer or mobile device and the Internet. You are responsible for the installation, maintenance, and operation of any software or hardware that is required to use the personal computer or mobile device. All costs to access the Service are your sole responsibility. Further, Affinity Plus is not responsible for errors or failures involving any telephone or cable service, Internet Service, or software/hardware or the access to the Service.
10. SECURITY PROCEDURE
Affinity Plus will use commercially reasonable security technology (128-bit encryption) that will encrypt data transmitted to us from or through an unsecured network. You agree and acknowledge that the purpose of the Security Procedure is for verification of data authenticity and will not be used to detect an error in the transmission or the content of a transaction. Further, no Security Procedure for the detection of such errors has been agreed upon between Affinity Plus and you. By using the Service, you agree that our Security Procedure is commercially reasonable.
You understand and agree that you are strictly responsible for establishing and maintaining security procedures that safeguard against the transmission of an unauthorized or inaccurate transaction by you, from your computer or mobile device, or on your behalf. Further, you understand and agree that you are solely responsible for ensuring that your passwords and any other security devices with Affinity Plus are kept confidential. You warrant that no individual will be allowed to initiate a transaction on your behalf without proper supervision and safeguards. You understand and agree that you are solely responsible for ensuring that your personal computer(s) and mobile device is protected by anti-virus, anti-malware, and anti-spyware software. Further, you understand and agree that you are solely responsible for being up-to-date on the risks of downloading data received by way of email, pop-up messaging, and/or the Internet.
Each time you log in to the Service, a display will show the last time you logged in to the Service as well as the IP address of the log in location. You and each joint owner agree to these best practices:
1. Never leave your personal computer or mobile device unattended while using the Service.
2. Never leave your account information displayed where it can be viewed by others.
3. Always exit the system by logging out when not in use.
4. Notify the Affinity Plus at (800) 322-7228 AT ONCE if you suspect unauthorized access.
11. USER IDENTIFICATION (ID) AND PASSWORD
You acknowledge that Affinity Plus, and any person acting on behalf of Affinity Plus, will never request that you or a joint owner disclose your password or a security procedure. Further, you and each joint owner agree that you will not disclose any password or security procedure which pertains to the Service. Your user ID and password identify and authenticate you to Affinity Plus when you use the Service. You will be required to establish a user identification (user ID) and password during the registration process of your first online banking session. You are only able to obtain a user ID if you have an existing account with Affinity Plus that meets the account requirements listed herein. You determine your password and you agree to keep the password confidential at all times. Your password should not be associated with any commonly known personal identification, such as social security number, address, date of birth, names of children. Your password should be memorized rather than written. By establishing a user ID and password, you and each joint owner agree to these best practices:
1. Never disclose your user ID and password, or otherwise make it available, to anyone, including other joint owners on the account.
2. Never disclose your password to Affinity Plus.
3. Immediately contact the Affinity Plus at (800) 322-7228 and report any loss or theft of your user ID and/or password.
4. Regularly change your password and use special characters to make it more secure.
For security purposes, your passcode must meet these complex requirements:
1. At least 8-16 characters
2. At least one uppercase alphabetic character (e.g. A-Z)
3. At least one lowercase alphabetic character (e.g. a-z)
4. At least one number (e.g. 0-9)
5. At least one special character (e.g. ~!@#$%^&*()_+=)
You acknowledge that Affinity Plus is entitled to rely on your use of your user ID and password, and the use of each joint owner of his/her user ID and password, as authorization for any transaction through the Service. You and each joint owner are responsible for all transactions you initiate or authorize using the Service. If you permit any other person to use your user ID and password to the Service, you will have authorized that person to access your accounts and you are responsible for any transactions that person initiates or authorizes from your accounts.
If you suspect unauthorized use of your user ID and password, you should immediately change your log in credentials through the Service by clicking on the Security tab within your user account profile. Further, if your statement or account details show any unauthorized transaction activity, notify Affinity Plus AT ONCE. You may contact Affinity Plus during business hours as listed in the Contact Us section of this Agreement. Affinity Plus’s Electronic Fund Transfers (EFT) Disclosure, as stated in Affinity Plus’s Account Agreement, governs your use of the Service, and is incorporated herein by this reference as if set forth in full. Affinity Plus has no obligation to monitor transactions through the Service to determine that such transactions are made on your behalf, or on behalf of any joint owner.
12. ADMENDMENT AND TERMINATION OF AGREEMENT
From time to time, Affinity Plus may add or change the features available through the Service. You understand and agree that Affinity Plus may update, or make changes to, the Service without prior notice to you. Affinity Plus may amend this Agreement at any time or terminate the Service to you or to all Affinity Plus members at any time for any reason, with or without notice. Amendment of this Agreement or termination of the Service shall not affect your liability or obligations hereunder. You understand and agree that our rights and remedies arising out of any breach of your representations and warranties under this Agreement or any other applicable product, loan or deposit account agreement, and our rights to indemnification are continuing and survive the termination of this Agreement. Continued use of the Service will constitute your acceptance of any new or amended Agreement terms.
13. CANCELLATION OF ONLINE BANKING SERVICE
You may cancel the Service at any time. Such cancellation shall only be in effect after Affinity Plus has had a reasonable amount of time to act upon your cancellation request and any instructions you provide. To cancel the Service, you may make the request through the Message Center within the Service or you may send us written notification with your signature to: Affinity Plus Federal Credit Union, 175 West Lafayette Frontage Road; St. Paul, MN 55107.
14. INDEMNITY
You agree to indemnify, defend, and hold Affinity Plus, Our affiliates, partners, officers, directors, employees, consultants, service providers, and agents harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Service, our reliance on your instructions, information or authorizations under this Agreement, your negligent, grossly negligent or intentional action or inaction, and/or your breach of this Agreement, including third-party claims. Affinity Plus and you agree that this paragraph shall survive the termination of this Agreement. In cases where you have insufficient funds or other issues relating to your account that prevent or delay Affinity Plus from processing a transaction that you initiate through the Service; you understand and agree to hold Affinity Plus harmless, including any fees and/or penalties assessed on your account and/or by any third party.
15. DISCLAIMER OF WARRANTY
ONLINE BANKING SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERRED WITH OR AFFECTED BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES YOU MAY INCUR RELATED TO THE USE OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DIRECT OR INDIRECT LOSSES. TO THE EXTENT WE HAVE ANY LIABILITY RELATED TO THE PROVISION OF OUR SERVICES YOU HEREBY AGREE THAT OUR MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR $1,000, WHICHEVER IS LESS.
16. OTHER AGREEMENTS
Your use of Online Services may also be affected by the agreements between us for your linked Affinity Plus accounts. For example, when you link an account to Online Services the account agreements and terms and conditions for use of that account do not change. Similarly, if you use the Online Services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Services. The E-Sign Disclosure and Consent is also separate from this Agreement.
17. MANDATORY ARBITRATION OF DISPUTES AND CLAIMS
Arbitration is a method of deciding disputes outside the court system. You and Affinity Plus agree to use arbitration instead of litigation to resolve all claims and disputes not specifically excluded. This provision governs when and how any disputes you and we may have will be decided. Unless specifically prohibited by applicable law now and in the future all disputes, claims, damages, chooses in action, claims for injunctive relief or controversies arising from or relating in any way to the Services or your Affinity Plus Products shall be resolved by binding arbitration by a single arbitrator chosen with the mutual consent of the parties. The arbitrator must be an attorney with more than ten (10) years’ experience or a retired judge. If for any reason the parties do not consent to an arbitrator within thirty (30) days from the date that notice of a claim or intent to arbitrate is provided to the other party, then an arbitrator will be selected pursuant to the Rules of the American Arbitration Association (“AAA”). This arbitration agreement is made pursuant to a transaction in Interstate Commerce, and shall be governed by the Federal Arbitration Act (“FAA”) at 9 USC § 1, et seq., as amended from time to time. It is understood and agreed that any dispute defined herein shall involve Interstate Commerce. If any dispute between us does not involve Interstate Commerce, such dispute shall be governed by the Arbitration Act for the State set forth in this agreement, as amended from time to time, in which case all references to the FAA herein shall be to said State Act. If the State has no Arbitration Act, then the parties will be governed by the Rules of the American Arbitration Act in any matter not involving interstate commerce. The parties agree and understand that the arbitrator shall have all power provided by the law and this agreement to make and enter findings of fact and determination of judgment based on the parties, agreements and applicable law, including but not limited to, the rights of possession, off-set, property rights, money damages, declaratory relief, and injunctive relief. No arbitrator shall have the jurisdiction or authority to add to, take from, nullify or modify any of the terms of this Agreement. The arbitrator shall be bound by the facts and evidence submitted to the arbitrator. Arbitration will be subject to the rules of procedure and evidence consistent with the Rules of the American Arbitration Association, and the arbitrator will not apply federal or state rules. The decision of the arbitrator shall be final and binding and may be enforced in accordance with the terms of either the Federal or applicable State Law, except for any specific appeal right regarding a judgment under the FAA or a judgment for more than $100,000. For these judgments, any party may appeal to a three-arbitrator panel appointed by and under the rules of the AAA. The decision of the panel will be by majority vote and will be final and binding except for any specific appeal right under the FAA. All provisions of this arbitration agreement will apply to the panel. Judgment upon the award rendered may be entered in any court having jurisdiction.
WITH THE EXCEPTION OF THE MATTERS SPECIFICALLY ADDRESSED HEREIN, THE PARTIES AGREE AND UNDERSTAND THAT ALL DISPUTES (INCLUDING ALL LEGAL AND EQUITABLE RIGHTS AND REMEDIES) ARISING UNDER CASE LAW, STATUTORY LAW, AND ALL OTHER LAWS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT, TORT, REGULATORY, AND PROPERTY DISPUTES WILL BE SUBJECT TO BINDING ARBITRATION IN ACCORD WITH THIS AGREEMENT.
Affinity Plus retains its right to use judicial or non-judicial relief to enforce any security agreement relating to any collateral pledged by you, to enforce all monetary obligations by you or to foreclose on any collateral securing your obligations to us by way of replevin, claim and delivery, or otherwise. The initiation and maintenance of an action for judicial relief in a court (on the foregoing terms) shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this agreement, including the filing of a counterclaim in any action brought by Affinity Plus pursuant to this provision.
Any arbitration proceeding will take place in the federal judicial circuit where you live. If you cannot afford to pay the fees charged by the Arbitrator or any panel for an appeal as provided herein, we will consider any reasonable written request by you for us to pay the fees of the Arbitrator or Arbitration Panel. We will pay any fees or costs specifically required by applicable law. However, each party must bear the expense of that party’s own attorneys, experts, and witnesses, regardless of who wins the arbitration, except to the extent that applicable law specifically requires otherwise. The rules of the AAA will be applied to any arbitration between the parties, except in the event of any inconsistency between this agreement and the rules of the AAA, in which case this agreement will govern. Any costs we pay in order for you bring a proceeding hereunder are subject to being awarded to us upon a ruling or an award by the arbitrator that is favorable to Affinity Plus. The AAA and other legal assistance services may be able to refer you legal assistance from government or non-profit organizations that provide assistance to those who can show a financial need for such assistance.

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