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Agreements & Disclosures

Consumer Online Banking and Bill Pay Disclosure

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Online Banking Agreement & Disclosure

(Consumer Accounts)

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE FOLLOWING THE LINK AT THE BOTTOM OF THIS PAGE. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND NVE BANK CONCERNING THE INTERNET BANKING SERVICE CALLED NVE ONLINE BANKING (THE “SERVICE”).

 

Introduction
This Online Banking Agreement (“OBA”) governs your (as defined below) use of the Service that permits our customers to access a number of financial services through the use of the Internet. Also included in this document are the regulatory disclosures applicable to these services.  Throughout this web site the OBA and Disclosure will be referred to as this "Agreement".  By using the Service, you agree to all of the terms of this Agreement.   You must read this Agreement carefully before following the link at the bottom of this page, accessing the Service, or enrolling in our Service and initiating any electronic funds transfers via the Internet.  We recommend that you print a copy of this document for your records; however, if you cannot, please contact your local branch or call us at (201) 816-2800 and request a copy.    

Accounts and services provided by NVE Bank may also be governed by separate agreements with you.  This Agreement supplements any other agreements or disclosures related to your Account(s) in effect from time to time, including the Terms and Conditions of your Deposit Account Agreement provided to you separately. If any term, condition, or provision of this Agreement conflicts or is inconsistent with any term, condition or provision of any other agreement related to your Account(s), then the term, condition or provision of this Agreement shall control to the extent of such conflict or inconsistency.

 

Definitions

AccountYour designated, eligible checking account or accounts with NVE Bank.

 

Business Day - Any calendar day other than Saturday, Sunday, or any holidays recognized by NVE Bank. Bill payments are processed on all days that both the Federal Reserve Bank and the US Postal System are operating and open for business.

 

Electronic funds transfers” – Includes deposits to, withdrawals from, or transfers between your Accounts, which are not originated by check, draft, or similar paper instrument.  Electronic transfers include those made through a computer. If we authorize your Account(s) for electronic transfers through the Service, you have certain rights and responsibilities under the Electronic Fund Transfer Act (EFT) which are further detailed in this Agreement.

 

Privacy Statement” – Means the privacy statement available at http://www.nvebanking.com/home/security/privacy.

 

We, Us, or Our - Means NVE Bank and any agent, independent contractor, designee, or assignee NVE Bank may involve in the provision of the Service.

 

You, Your, or User” - The person(s) subscribing to or using the Service.

 

About the Service
The Service consists of an online banking web site that provides a complete array of financial services to our customers.  The Service allows you to access your Account information twenty-four (24) hours a day, seven (7) days a week. 

 

The services currently available to our customers via NVE Bank Online Banking consist of:

 

Account Inquiries, balances, rates, etc.

Copies of Cleared Checks

Up to 24 Months of Historical Transactions

Detailed View of Transactions

Secure E-mails & Secure file transfers

Payments to our loan accounts

Transaction Downloads into Quicken®, Quickbooks® and Microsoft Money

Transfers between your Accounts at NVE Bank

E-Statements

 

 

For customers who select the Bill Payment service (“Bill Pay”), these additional functions are available:

 

One-time Payments

Fixed Recurring Payments

Popmoney

Expedited Payments

External Account Transfers

 

 

Use of Service

In order to properly use the Service, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use the Service in accordance with the online instructions and agree that you will contact us immediately if you have any problems with the Service. We may modify the Service from time to time at our sole discretions. In the event of any modifications, you are responsible for making sure you understand how to use the Service as modified. Any use of the Service after the Bank provides you notice of such modification will constitute your agreement to such change(s). You must obtain and maintain, at your own expense, compatible hardware and software. We are not responsible for the functionality or maintenance of any such hardware or software you may need to use the Service. You also accept responsibility for making sure that you know how to properly use the hardware and software properly and we will not be liable to you for any losses caused by your failure to properly use the Service or the hardware or software.

 

Registration Process
The Service requires that you complete the initial enrollment process. This involves completing a secure online application that will identify you and your Account information at NVE Bank. Additional services like Bill Pay and Mobile Banking may require additional online enrollments or applications that may be subject to Bank approval.

 

Internet Security Information
Our Service is provided by Open Solutions Inc (“OSI”).  The Open Solutions Online Banking system utilizes a comprehensive security strategy to protect your Accounts and transactions conducted over the Internet. In addition to log-on security, OSI uses the SSL (secure socket layer) encryption technology for everything you do in the Internet Banking system. This technology is automatically activated by your browser when it attempts to connect to our system and it will support only a 128-bit key length. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. In addition, our servers have been certified by a "Certificate Authority" that will assure you that you are actually talking to our servers instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape or Internet Explorer, the "Certificate Authorities" key may be expired and you may need to update it on your browser.

 

During your use of the Service, OSI will pass a "cookie" to your browser for identifying you during the session.  This cookie only identifies your computer.  OSI does not use cookies to collect or obtain new personal information about you.  This cookie allows OSI to process multiple transactions during your session without requiring you to reenter your password for each individual transaction.  The cookies for the Service simply provide another level of security for our Online Banking product. The Online Banking system uses encrypted cookies that do not pass to your hard drive.  Instead, the cookie is stored in the memory of your browser, identifying your computer while you are logged on.  Only OSI can read the information in these cookies.  When you log off, close your browser, or turn off your machine, the cookie is destroyed.  A new cookie is used for each session.  That way, no one can use the prior cookie to access your Account.

 

Your Responsibilities Concerning Your Access Code, Password and Security

Security is very important to NVE Bank. One of the main security features guarding the use of the Online Banking system is the unique combination of your sign-on ID and password, which you will select at the time you request the Service.

It is important that you keep your password secret. You should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You agree not to give or make available your sign-on ID or password to any other individuals, including anyone claiming to represent NVE Bank. In order to protect yourself against fraud, you need to adhere to the following guidelines:

-       Do not give out your sign-on ID or password.

-       Do not leave your personal computer unattended while you are logged into the Service.

-       Never leave your sign-on ID or password information within range of others.

-       Do not send your sign-on ID or password information in any public or general e-mail system.

You will be required to change your password every one hundred and eighty (180) days. This can be done at any time after you logged on from the "OPTIONS" menu.

We will not be liable for any losses resulting from any other person’s use of your sign-on ID and password to access the system.

 

Log-On Security
At the time you request the Service you will select a unique “sign-on ID” and then choose a “password” that will be used to gain access to the system. To help prevent unauthorized access and ensure the security of your Accounts, we may end your online session if we have detected no activity for ten (10) minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer, you will be prompted to re-enter your password and your session will continue where you left off.

 In addition to the security measures described above, there may be other security notices posted on the web site regarding security issues. It is your responsibility to read all applicable notices.   If you have more questions about our security systems for conducting financial transactions safely over the Internet, contact our Internet Banking department at (201) 816-2800.

 

Accounts
You may request to have access via the Service to any Account for which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the Account, you will need the required withdrawal authority over the Account to be able to complete the transaction. If the Accounts added to the Service are jointly held or have multiple signers, the joint owners and/or multiple signers understand and agree that a request from one Account holder will be deemed a request from all Account holders, that any Account holder has the authority to use the Service, that all Account holders will be jointly and severally liable under the terms of this Agreement and all other agreements that govern such Account, and that all correspondences sent to any Account holder will be deemed sent to all Account holders.

 

a.        Fees and Additional Services
The Service is available to our non-business customers at no monthly charge for all Account information services, internal transfer services and standard Bill Payments. Bill Pay is an optional service available only for customers who maintain Accounts at NVE Bank. You must specifically request to have this Service added and agree to an additional set of terms and conditions. There may be fees and additional terms and conditions for additional services that are accessible through Bill Pay like POP Money, expedited Bill Payments, and external Account to Account transfers. The Service will notify you of a fee prior to completing a transaction. NVE Bank’s Mobile Banking is an additional service that can be requested through the Service. Mobile Banking is an optional service that requires the use of Online Banking. You must specifically request to have this service added and agree to an additional set of terms and conditions. There may be fees charged for the use of this service. Please refer to NVE Bank’s fee schedule, a copy of which is available at any branch location and was provided at account opening. 

 

 

I understand and agree that I am responsible for paying all fees associated with my use of the Service or any additional services requested through the Service. I authorize NVE Bank to charge my Account (or any other of my Accounts) for any service or other fees and charges applicable to transfers, payments, or other services requested through the Service in accordance with NVE Bank's fee schedule in effect at the time that I make the request. NVE Bank reserves the right to change the fees charged for the use of various services. A copy of NVE Bank’s Fee Schedule is available at any branch location and was provided at Account opening.


Cancellation of Service
Your access to the Service may be canceled at any time by NVE Bank in whole or part without prior notice due to insufficient funds in one of your Accounts or other circumstances that may create an unanticipated liability to NVE Bank. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, your access to the Service may be reinstated once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. In order to reinstate services, you must call Online Banking Customer Support at (201) 816-2800.

 

Balance Inquiries, Bill Payments, and Transfer Limitations
You may use the Service to check the balance of your Account(s) and to transfer funds among your Accounts.  According to current federal regulations, you may not make more than six (6) pre-authorized or automatic transfers or bill payments from your savings Account during a given monthly statement period.  Transfers authorized by telephone or personal computer are counted toward the six (6) total permitted monthly transfers or withdrawals. A fee will be charged for each transfer over the six (6) permitted during a given monthly statement period. If multiple violations of this rule occurs your Account may be closed. 

Balances shown in your Accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request.  If you have further questions, contact us at (201) 816-2800. The balances are updated periodically and the system will display the most current "as of" date on the "Accounts" summary page. There may be situations that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction to base our approval for bill payments and account transfers.

 

Special Information about the Stop Payment, Check Reorders, Address Change, Secure E-Mail & Secure File Delivery Services
The system includes several options that provide a means to securely forward your request to us for processing. There may be additional fees associated with some of these services.  Please refer to our Fee Schedule for additional information or contact us.  

 

Generally, requests received from the Online Banking system and/or emails will be processed within one (1) Business Day using the same procedures that we use to handle similar requests received by mail or fax.  If urgent action is required such as for a stop payment, we recommend that you contact us directly at any of our conveniently located branches or by telephone.  Additional terms of acceptance or disclosures may apply on the Stop Payment service and these terms will be disclosed at the time you complete the request. The Stop Payment feature is designed to submit a request to stop payment on checks you have written from your Account. The stop payment service is not available to cancel transfers, Debit Card authorizations or ACH transactions.  There will be a fee per check on all stop payment requests.   Please refer to NVE Bank’s  fee schedule, a copy of which is available at any branch location and was provided at account opening. 

 

Notice of your Rights and Liabilities under the EFT Act
The EFT Act provides you with certain rights and responsibilities with respect to electronic fund transfers via our Online Banking system. Your rights and responsibilities in the event of an unauthorized bill payment or unauthorized Account transfer are disclosed below.  Please read the following EFT disclosures carefully.  You should print this document for future reference.   You may obtain a hard copy of this document from us at any time by calling or sending us an email or upon request in person.

 

If you believe your sign-on ID or password has been compromised, lost, or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us immediately at (201) 816-2800 or notify us by email to custsvc@nvebank.com.

 

Telephoning is the best way of keeping your possible losses to a minimum. If you suggest that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit.

 

You could lose all the money in your Account (plus overdraft protection).  If you tell us within two (2) Business Days after you learn that your sign-on ID and password have been compromised, lost or stolen, you can lose no more than fifty dollars ($50.00) if someone used your password without your permission.  If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password and we can prove we could have stopped someone from using your sign-on ID and password without your permission if you had told us, you could lose as much as five hundred dollars ($500).

 

Also, if your statement shows electronic transfers that you did not make or authorize, tell us at once.   If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 may extend the time periods to a reasonable time.

 

Errors and Questions
In cases of errors or questions concerning transactions completed within the Online Banking Service, do one of the following, as soon as possible:

 

1)     Telephone Online Banking Service Support at (201) 816-2800; or

2)     Write to Online Banking Service Support, 76 Engle Street, Englewood, NJ 07631; or

3)     Initiate a payment inquiry on your computer through the secure email messaging system.

 

We must hear from you within sixty (60) days after we transmit the first statement or notification in which the error or problem appeared. Please include the following information:

 

·          Name

·          Account Number and your sign-on ID

·          Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.

·          Tell us the amount of the 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 determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly.  We may extend the time frame for investigation to twenty (20) Business Days on a new Account, if the suspected error occurred outside the United States or if it occurred at a merchant location for the purchase of goods and services.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  We may extend the investigation up to ninety (90) days if on a new account, if the suspected error occurred outside the United States, or if it occurred at a merchant location for the purchase of goods or services.  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 your money during the time it takes us to complete our investigation.  We will provide provisional credit within twenty (20) Business Days on a new Account, if the suspected error occurred outside the United States, or if it occurred at a merchant location for the purchase of goods or services. 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 determine 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.

 

Other Problems
If you believe an error, other than an electronic funds transfer problem has occurred, you can call us at (201) 816-2800 or send a secure email for information about how to handle the problem.

 

Disclosure of Account Information to Third Parties
Information about your Account(s) or the transaction(s) you make will be disclosed to third parties only if at least one of the following applies:

 

1)     It is necessary to complete a transaction.

2)     It is necessary to verify the existence and condition of your Account to a third party such as a credit bureau or merchant.

3)     To comply with a governmental agency or court order.

4)     If permission is given to us by you, which we may require to be in writing.

5)     It is necessary to assist us in collection of information for internal use.

6)     It is necessary for statistical information or security purposes of our service providers, our servicing agents, and/or contractors providing our Online Banking and electronic funds transfer services.

7)     It involves a claim by or against us concerning a deposit to or withdrawal from your Account.

 

Please refer to our Privacy Statement for additional detail on disclosure of Account information.

 

Electronic Disclosures and Statements
If you agree, we may send you certain disclosures and periodic statements electronically in the future.  Please contact us for additional information.

 

Equipment
Online Banking and electronic delivery of statements requires that your Internet browser be SSL (Secure Socket Layer) compliant. Most popular browsers support this security feature. We require this to maintain our high security level. If you have an early version of the WebTV browser it will not be SSL compliant.  However, the new version 2 and 3 currently support SSL. Some screens in the Service are maximized for users who can set their monitors to a resolution of 800x600 pixels. This requires WebTV users to scroll across on some pages. We cannot guarantee that Online Banking screens will appear as intended with WebTV browsers. 

 

Our Online Banking system currently works with Netscape 3.0 and higher and with Internet Explorer 6.0 and higher.  You must use 128-bit encryption (also called "domestic" or "U.S." grade encryption), though if you travel overseas you may want 40-bit access as well. The system will inform you when you log in whether you are using a 40-bit browser or not.

 

You are solely responsible for obtaining, at your expense, compatible hardware and software to use the Service, as well as for the maintenance, installations, and operation of your computer.  NVE Bank is not responsible for the functionality or maintenance of hardware or software you may need to use the Service. We shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will we be responsible for any computer virus that affects your computer or software while using our Service. NVE Bank is not responsible and disclaims all liability for any electronic virus or viruses, spyware and/or malware that you may encounter. We encourage our customers to routinely scan their computer and storage devices using reliable products designed to detect and remove any virus(es), spyware and/or malware that may be present on their systems. Undetected or unrepaired virus(es), spyware and/or malware may corrupt and destroy your programs, files and even your hardware as well as collect personal non-public information, passwords and other sensitive materials. Additionally, you may unintentionally transmit the virus to other computers. By accessing our Online Banking system, you agree that we shall not be liable for any indirect, incidental, or consequential costs, expenses, or damages (including lost savings or profit, lost data, business interruption, or attorney’s fees.) 

 

Termination/Inactivity
You may terminate the use of our Service by contacting us via US mail, e-mail, or personal delivery to NVE Bank. If your Account(s) is closed or restricted for any reason, or if there has been no Online Banking or bill payment activity for a period of six (6) consecutive months, your access to the Service will be de-activated.  In order to re-activate an inactive Account, you must contact the Online Banking department at (201) 816-2800.  We may at anytime cancel all or part of the services we generally offer.

 

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. By accessing this web site, you and NVE Bank agree that all matters relating to the Agreement, your access to, or use of, this web site shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of New Jersey, without regard to the conflicts of laws principles thereof. NVE Bank makes no representation that the Service, or any of the products, other services or content on this web site is lawful, appropriate or available for use in locations outside New Jersey, and accessing them from locations where the same is illegal is prohibited. Any user who chooses to access this web site from other locations does so on his/her own initiative and is responsible for compliance with local laws. NVE will close or deactivate the Account of any user who uses the web site, Service, products or other services for any unlawful or illegal purpose, and that user must promptly reimburse NVE Bank for all losses, costs, expenses and damages incurred by NVE Bank as a result of such use.

 

User Responsibilities

You represent, warrant and covenant that:

1)     You will not, upload, post or transmit any materials:

a)     which are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or

b)     which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law, or

c)     violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, or

d)     which contain a virus or other harmful component, or

e)     which contain any information, software or other material of a commercial nature, or

f)      which constitute or contain false or misleading indications of origin or statements of fact, or

g)     which restrict or inhibit any other user from using and enjoying the web site.

2)     You will use the Service for lawful purposes and in compliance with all laws, rules and regulations applicable to you and the Service.

3)     You understand and agree that NVE Bank will not disclose your nonpublic personal information to nonaffiliated third parties, except as permitted by law. Please see our Privacy Statement for more details.

4)     You will not provide your password to persons without authority to access the Online Banking system.

5)     You have acquired and will lawfully maintain appropriate hardware and software licenses for accessing the Online Banking system. NVE Bank supports only an Internet browser capable of 128-bit encryption.

6)     You will maintain sufficient funds in your Account to avoid shutdown and/or overdrafts.

7)     You will abide by all NVE banking policies, including, without limitation, those related to security and will take all action necessary to safeguard the Online Banking system and your access code, password and Account information from unauthorized access.

 

Assignment
This Agreement may not be assigned to any other party by you. We may assign or delegate this Agreement, in part or whole, to any third party.

 

Ownership of Material
Our Service is a product of OSI. The web site used to access our Service is protected by United States copyright law as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the web site are only for your personal, non-commercial use, unless otherwise noted. All materials contained on the web site ("Content") are protected by copyright, and are either owned or controlled by NVE Bank, OSI or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the web site. Unless otherwise stated on the web site or by the providing party, you may download or print any Content from the NVE Bank web site only for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. In addition, unless otherwise stated on the web site, downloading, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from NVE Bank, OSI or the copyright holder identified in the individual Contents copyright notice.

 

Amendments
The terms and conditions of this Agreement may be amended in whole or part at any time within thirty (30) days written notification prior to the change taking effect. Further, NVE Bank may, from time to time, change, revise, update, suspend or discontinue the Service, applications, features, functions, links, software or vendors used in connection with the Service, and/or related material, which may render all such prior versions obsolete. Consequently, NVE Bank reserves the right to terminate this Agreement as to the Service, all prior versions of such applications and/or related material and limit access to only the more recent revisions and updates. NVE Bank may also impose limits on certain products and services or restrict your access to parts or all of the web site without notice (unless notice is otherwise required by law) and without liability. Not all products and services may be available in all geographic areas. Your eligibility for particular products and services is subject to final NVE Bank determination and acceptance. We may notify you of such changes by US mail, or if you agree, we may send you an email notice, which details the changes.  Email notifications may also direct you to a section of our web site which will include the changes.  Amendments or changes to term(s) or condition(s) may be made without prior notice if they do NOT result in higher fees, more restrictive service use, disclosure of additional Account information to third parties, or increased liability to you.  Also, if a change in term(s) or condition(s) is necessary to maintain or restore the security of our system or your Account(s), no advance notice is required and we will then notify you within thirty (30) days following such action.  If you do not agree with the change(s), you must notify us in writing or via email prior to the effective date to cancel your access to the Service.   Your continued use of the Service is your agreement to the amendment(s).

 

Indemnification

You will defend, indemnify and hold NVE Bank, our affiliates and our providers of services and their respective affiliates and each of our and their respective officers, directors, agents, shareholders, employees and assigns harmless from any and all claims, actions, liabilities, losses, costs, expenses and damages, including reasonable attorneys’ fees (collectively, “Losses”) caused by or incurred in connection with unauthorized access to the Online Banking system through use of your password or sign-on ID, your violation of your responsibilities as described in this Agreement, or your violation of intellectual property laws or the rights of others as may be caused by, among other things, your unauthorized or unlawful use of hardware or software to access the Online Banking system.

 

No Warranties

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, ONLINE BANKING SYSTEM, WEBSITE, ANY INFORMATION, CONTENT, MATERIALS THEREIN OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SERVICE OR WEB SITE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL LIABILITY FOR LOSSES OF ANY KIND INCURRED BY YOU ARISING OUT OF YOUR USE OF THE SERVICE OR ONLINE BANKING SYSTEM, INCLUDING ALL PRODUCTS AND SERVICES AND CONTENT MADE AVAILABLE ON OR ANY MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE OR ACCESSED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NVE BANK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICE, CONTENT, PRODUCTS AND SERVICES OR ANY MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY OTHER PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION BY OR THROUGH THE SERVICE, THIS WEB SITE OR ANY LINKED SITE. NVE BANK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE, OR BY OPERATION OF LAW OR OTHERWISE CONTAINED IN OR DERIVED FROM THIS AGREEMENT OR IN ANY OTHER MATERIALS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT OR THAT THE PRODUCTS AND SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IS OPERATIONAL, AVAILABLE, ACCESSIBLE OR PERFORMS WITHOUT DELAY OR FAILURE.

 

Limited Liability

IN NO EVENT WILL NVE BANK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS HAVE ANY TORT, CONTRACTURAL AND/OR ANY OTHER LIABILITY TO ANY USER AND/OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, OR LOST OPPORTUNITY) OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF, OR DELAY OR INABILITY TO USE, THE SERVICE, ONLINE BANKING SYSTEM OR WEB SITE, NVE BANK’S PRODUCTS AND SERVICES, ANY MATERIALS, INFORMATION, FUNCTIONS OR SOFTWARE OBTAINED THROUGH THE SERVICE OR THIS WEB SITE, OR RELIANCE ON ANY PRODUCTS AND SERVICES CONTAINED HEREIN OR ANY OTHER WEB SITE LINKED TO THIS WEB SITE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND MALICIOUS CODE, LINE OR SYSTEM FAILURE, OR FOR THE DELAY OR FAILURE IN THE OPERATION, AVAILABILITY, ACCESS TO, OR PERFORMANCE OF THE SERVER THAT MAKES THE SERVICE OR WEB SITE AVAILABLE EVEN IF NVE BANK IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. Any cause of action by EITHER PARTY with respect to this Service, web site and/or any products and services related thereto must be instituted within one (1) year after the cause of action FIRST arose.

 

Agreement and Acknowledgment
You expressly agree that you have carefully read this Agreement and will carefully read all materials provided by NVE Bank in connection with this Agreement and agree that these terms and conditions will control the obligations of the parties for the Service offered under this Agreement.

 

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

 

This is your bill paying agreement with NVE Bank (this “Agreement”). You (as defined below) may use the bill payment service offered by NVE Bank, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc., to direct NVE Bank to debit your Payment Account (as defined below) and remit funds on your behalf to Billers (as defined below) in accordance with this Agreement (the “Service”). You also authorize NVE Bank to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your account(s) with NVE Bank. If any term, condition or provision of this Agreement conflicts or is inconsistent with any term, condition or provision of any other agreement related to your account(s), then the term, condition or provision of this Agreement shall control to the extent of such conflict or inconsistency.

 

1.     SERVICE DEFINITIONS

a.      “Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

b.     “Billing Account” is the checking account, designated by you, from which all Service fees will be automatically debited.

c.     “Business Day” is every Monday through Friday, excluding Federal Reserve holidays.

d.     “Customer Service” means the Customer Service department of NVE Bank. Please see Section 14 below for Customer Service contact information.

e.     “Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

f.      “Payment Account” is the checking account, designated by you, from which bill payments will be debited.

g.     “Payment Instruction” is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

h.     “Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

i.      “Scheduled Payment Date” is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the previous Business Day.

j.      “We, us or our” refers to NVE Bank and any agent, independent contractor, designee, or assignee NVE Bank may involve in the provision of the Service.

k.     “You” or “your” means each person authorized to use the Service.

 

2.     PAYMENT PROCESS AND SCHEDULING

a.     The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date prior to the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

b.     If your Payment Account is jointly held or has multiple signers, the joint owners and/or multiple signers understand and agree that a request from one Payment Account holder will be deemed a request from all Payment Account holders, that any Payment Account holder has the authority to use the Service, that all Payment Account holders will be jointly and severally liable under the terms of this Agreement and all other agreements that govern such Payment Account, and that all correspondences sent to any Payment Account holder will be deemed sent to all Payment Account holders.

 

3.     THE SERVICE GUARANTEE

a.     Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Process and Scheduling” in this Agreement.

 

4.     PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE 

a.     By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

b.     When the Service receives a Payment Instruction, you authorize NVE Bank to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.

c.     The Service will use its best efforts to make all your payments properly. However, NVE Bank shall incur no liability and any Service Guarantee provided in Section 3 of this Agreement or otherwise shall be void if the Service is unable to complete any payments because of the existence of any one or more of the following circumstances:

1.     If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2.     The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

3.     Negligent use, disclosure or loss of your account information or password;

4.     Failure to follow NVE Bank’s procedures for submitting a bill payment request or Payment Instructions;

5.     Delays or mishandling of your payment by Biller;

6.     Failure to promptly notify NVE Bank after you learn that you have not received credit for a bill payment;

7.     You have not provided the correct Payment Account information or Payment Instruction information, including but not limited to the correct name, address, phone number, or account information for the Biller; and/or,

8.     Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

b.        Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

 

5.     PAYMENT METHODS

a.        The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

 

6.     PAYMENT CANCELLATION REQUESTS

a.        You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

 

7.     STOP PAYMENT REQUESTS

b.        The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at 844-740-7961. Although the Service will make every effort to accommodate your request, NVE Bank will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule, a copy of which is available at any branch location and was provided at account opening. 

 

8.     PROHIBITED PAYMENTS

a.        Payments to Billers outside of the United States or its territories are prohibited through the Service.

b.        Payments to security companies such as Ameritrade for stock purchases or trade taxing authorities.

 

9.     EXCEPTION PAYMENTS

a.        Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall NVE Bank be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. NVE Bank has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of NVE Bank.

 

10.    BILL DELIVERY AND PRESENTMENT

a.        This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

1.        Information provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

2.        Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

3.        Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

4.        Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive a notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

5.        Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. 

6.        Non-Delivery of electronic bill(s) - You agree to hold NVE Bank harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

7.        Accuracy and dispute of electronic bill – NVE Bank is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

b.        This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

 

11.    EXCLUSIONS OF WARRANTIES

a.        YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NVE BANK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE, OR BY OPERATION OF LAW, OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS AGREEMENT, ANY OTHER DOCUMENTS REFERENCED HEREIN, OR IN ANY OTHER MATERIALS, PRESENTATIONS, OR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, AND ACCURACY OF INFORMATIONAL CONTENT. WE DO NOT AND CANNOT WARRANT THAT THE ELECTRONIC ACCESS TO THE SERVICE WILL OPERATE WITHOUT ERRORS OR THAT ANY OR ALL OF THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.

 

12.    PASSWORD AND SECURITY

a.        NVE Bank is committed to protecting the security and confidentiality of information about your account and use of the Service. You agree not to give or make available your password or other means to access your account to any unauthorized individuals, including anyone claiming to represent us.

b.        In order to protect yourself against fraud, you need to adhere to the following guidelines:

1.     Do not give out your account information, password or Social Security Number.

2.     Do not leave your personal computer unattended while you are in NVE Bank’s online banking web site.

3.     Never leave your account information within range of others.

4.     Do not send privileged account information in any public or general e-mail system.

c.        You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 844-740-7961 during Customer Service hours.

 

13.    YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

a.        If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

 

14.    ERRORS AND QUESTIONS

a.        In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

1.                    Telephone us at 201-816-2800 during Customer Service hours;

2.                    Contact us by using the application’s e-messaging feature; and/or,

3.                    Write us at:

                NVE Bank
76 Engle Street
Englewood, NJ 07631

b.        If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must: 

1.        Tell us your name and Service account number;

2.        Describe the error or the transaction in question, 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.

c.     If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. 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. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. NVE Bank may revoke any provisional credit provided to you if we find an error did not occur.

 

15.    DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

a.     It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations:

1.     Where it is necessary for completing transactions;

2.     Where it is necessary for activating additional services;

3.     In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

4.     To a consumer reporting agency for research purposes only;

5.     In order to comply with a governmental agency or court orders; or,

6.     If you give us your written permission.

 

16.    SERVICE FEES AND ADDITIONAL CHARGES

a.     Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize NVE Bank to deduct the calculated amount from your Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

 

17.    SUFFICIENT FUNDS; FAILED OR RETURNED TRANSACTIONS

a.     You agree to have available funds in your Payment Account and Billing Account in amounts sufficient to pay for all bill payments requested as well as any other payment obligations you have to NVE Bank.

b.     In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

1.     You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;

2.     For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

3.     You will reimburse the Service for any fees imposed by your financial institution as a result of the return;

4.     You will reimburse the Service for any fees incurred resulting from the incomplete or returned transaction, including without limitation any fees incurred in attempting to collect the amount of the return from you; and

5.     The Service is authorized to report the facts concerning the return to any credit reporting agency. 

 

18.    ALTERATIONS AND AMENDMENTS

a.     This Agreement, applicable fees and service charges may be altered or amended by NVE Bank from time to time. In such event, NVE Bank shall provide notice to you. Any use of the Service after NVE Bank provides you a notice of change will constitute your agreement to such change(s). Further, NVE Bank may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, NVE Bank reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

 

19.    ADDRESS OR BANKING CHANGES

a.     It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made within the Service or by contacting Customer Service 844-740-7961. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. NVE Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

 

20.    SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

a.     In the event you wish to cancel the Service, please contact NVE Bank via one of the following:

1.     Telephone us at 201-816-2800 during Customer Service hours; or,

2.     Write us at:

        NVE Bank
76 Engle Street
Englewood, NJ 07631

b.     Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. If you terminate the Service, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice; you also agree to pay all applicable fees and charges. Once we have acted on your notice, we have no further responsibility to make any payments of previously authorized transactions. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. NVE Bank may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

21.    BILLER LIMITATION

a.     NVE Bank reserves the right to refuse to pay any Biller to whom you may direct a payment. NVE Bank will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment under Section 8 or an exception payment under Section 9 this Agreement.

 

22.    RETURNED PAYMENTS

a.     In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

 

23.    INFORMATION AUTHORIZATION 

a.     Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

 

24.    YOUR RESPONSIBILITIES

a.     You represent, warrant and covenant that you will use the Service for lawful purposes and in compliance with all laws, rules and regulations applicable to you and the Service and that you will abide by all NVE Bank banking policies.

b.     You will defend, indemnify and hold NVE Bank, our affiliates and our providers of services and their respective affiliates and each of our and their respective officers, directors, agents, shareholders, employees and assigns harmless from any and all claims, actions, liabilities, losses, costs, expenses and damages, including reasonable attorneys’ fees caused by or incurred in connection with unauthorized access to the Service through the use of your password or account information, your violation of your responsibilities as described in this Agreement, or your violation of intellectual property laws or the rights of others as may be caused by, among other things, your unauthorized or unlawful use of hardware or software to access the Service.

 

25.     DISPUTES

a.     In the event of a dispute regarding the Service, you and NVE Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and NVE Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and NVE Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

 

26.    ASSIGNMENT

a.     You may not assign this Agreement to any other party. NVE Bank may assign this Agreement to any future, directly or indirectly, affiliated company. NVE Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

27.    NO WAIVER

a.     NVE Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by NVE Bank. No delay or omission on the part of NVE Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

28.    CAPTIONS

a.     The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

 

29.    GOVERNING LAW

a.     This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

 

30.    LIMITATION OF LIABILITY

a.     IN NO EVENT SHALL NVE BANK NOR ANY SERVICE PROVIDER NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR EXPENSES IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR THE INSTALLATION, USE OR MAINTENANCE OF EQUIPMENT, SOFTWARE OR INTERNET BROWSERS USED IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NVE BANK HAS KNOWLEDGE OF THE POSSIBILITY OF THEM. NVE BANK IS NOT LIABLE FOR ANY ACT, FAILURE TO ACT OR DELAY IN ACTING IF IT IS CAUSED, IN WHOLE OR IN PART, BY ANY CAUSE BEYOND NVE BANK’S REASONABLE CONTROL. FEATURES AND SERVICES AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

 

31.    AGREEMENT AND ACKNOWLEDGEMENT

a.     You expressly agree that you have carefully read this Agreement and will carefully read all materials provided by NVE Bank in connection with this Agreement and agree that these terms and conditions will control the obligations of the parties for the delivery of the Service offered under this Agreement.


 

TERMS OF USE (for PopmoneySM Personal Payments Service) 

 

1. Introduction. This Terms of Use document (hereinafter “Agreement”) is a contract between you (as defined below) and NVE BANK (hereinafter “we,” “us” or “our”) in connection with the Popmoney® Personal Payments Service (the “Popmoney Service” or “Service”) offered through our online banking site or mobile applications (the “Site”). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your account(s) with NVE Bank. If any term, condition or provision of this Agreement conflicts or is inconsistent with any term, condition or provision of any other agreement related to your account(s), then the term, condition or provision of this Agreement shall control to the extent of such conflict or inconsistency.

By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.

 

2. Definitions.

a.        “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.

b.        “Affiliates” are companies related by common ownership or control.

c.        “Business Day” is every Monday through Friday, excluding Federal Reserve holidays, or other days that banks are legally closed.

d.        “Eligible Transaction Account” is a transaction account from which your payments will be debited, your Popmoney Services fees will be automatically debited, or to which payments and credits to you will be credited. An Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.

e.         “Payment Instruction” is the information provided by the Sender to the Popmoney Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).

f.         “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

g.        Popmoney Request” means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney Service.

h.        “Receiver” is a person or business entity that is sent a Payment Instruction through the Service.

i.         “Requestor” is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.

j.         “Sender” is a person or business entity that sends a Payment Instruction through the Service.

k.        “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

l.         "You" or "your" means each person authorized to use the Service.

 

3. Description Of Service. The Popmoney Service enables you: (1) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars (or in gift card value, if applicable). Although the ACH Network is often used to execute Payment Instructions for the Popmoney Service, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payments may be made through www.Popmoney.com (the “Popmoney Website”) and if you choose to initiate or receive a payment at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the “terms of use” for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.

 

4. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

 

5. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Services more recent revisions, updates, upgrades or enhancements.

 

6. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).

 

7. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

 

8. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:
NVE Bank
76 Engle Street
Englewood, NJ 07631

We may also be reached at 201-816-2800 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.

 

9. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 8 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

 

10.       Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us at that number and/or e-mails from us for our everyday business purposes (including identify verification). You further consent to receiving text messages from us at that number, and/or e-mails from us for marketing purposes. Please review our Privacy Statement, available at http://www.nvebanking.com/home/security/privacy for more information.

 

11.       Receipts and Transaction History. You may view your Popmoney transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.

 

12.       Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. 

 

13.       Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

 

14.       Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co- signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

 

15.       Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

a.        Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and

b.        Payments that violate any law, statute, ordinance or regulation; and

c.        Payments that violate the Acceptable Use terms below; and

d.        Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and

e.        Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and

f.         Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and

g.        Tax payments and court ordered payments.

 

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in Section 8 above of any violations of this Section or the Agreement generally.

16.       Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 8 above of any violations of this Section or the Agreement generally.

 

17.       Payment Authorization and Payment Remittance.

a.        By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.

b.        When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.

c.        You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.

d.        You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

e.        We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

1.        If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;

2.        The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;

3.        Delays or mishandling of your payment by Receiver;

4.        Negligent use, disclosure or loss of your account information;

5.        The payment is refused as described in Section 28 below;

6.        You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,

7.        Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.

f.         It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

 

18.       Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.

 

Payment Instructions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment. You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account), or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable. You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of Section 21, below.

 

19.       Receiving Payments. If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Popmoney Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website. Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service.

 

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service. You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the Sender, because there were not sufficient funds in the Sender’s account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you. If applicable, if you as a Requestor initiate a Popmoney Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.

 

20.       Payment Methods and Amounts. There are limits on the amount of money or gift card value you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic or paper check payment.

 

21.       Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule available at any NVE Bank branch location and provided at account opening or as disclosed through the Site. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a Payment Instruction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

 

22.       Your Liability For Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 8, above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

 

23.       Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word “HELP” to this number: 767666. To stop receiving text messages on your mobile phone, text “STOP” to this number: 767666.

 

24.       Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

 

25.       Service Fees and Additional Charges. You understand and agree that you are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Request Money, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

 

26.       Failed Or Returned Payment Instructions. In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:

a.        You will reimburse us immediately upon demand the amount of the Payment Instruction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;

b.        For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

c.        You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, including by ACH debit;

d.        You will reimburse us for any fees or costs we incur resulting from the incomplete or returned transaction, including without limitation any fees incurred in attempting to collect any amounts from you; and

e.        We are authorized to report the facts concerning the return to any credit reporting agency.

 

27.       Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 8 above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

 

28.       Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

 

29.       Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.

 

30.       Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Statement, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.

 

31.       Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 8 above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. If you terminate the Service, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice; you also agree to pay all applicable fees and charges.  Once we have acted on your notice, we have no further responsibility to make any payments or previously authorized transactions. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

32.       Errors, Questions, and Complaints.

a.        In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 8 above.

b.        If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history. You must:

1.        Tell us your name;

2.        Describe the error or the transaction in question, 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.

c.        If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. 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. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

 

33.       Intellectual Property. “Popmoney” is a trademark of CashEdge Inc. or its Affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

 

34.       Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

 

35.       Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, agree to be responsible for all actions taken by anyone to whom you have provided such credentials or who otherwise use such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 8 above. See also Section 22 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

 

36.       Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 36 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. 

 

37.       Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.

 

38.       Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

 

39.       Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those that are arbitrated under Section 28 above) must be resolved by a court located in Bergen County, New Jersey. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless such claim is submitted to arbitration under Section 38 of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

 

40.       Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and each of our and their respective officers, directors, agents, shareholders, employees, contractors and assigns from any and all claims, actions, liabilities, losses, costs, expenses and damages, including reasonable attorneys' fees made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service, your unauthorized access to the Service through the use of your password, your credentials or account information, your violation of your responsibilities as described in this Agreement, or your violation of intellectual property laws or the rights of others as may be caused by, among other things, your unauthorized or unlawful use of hardware or software to access the Service.

 

41.       Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the Service. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

 

42.       No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

43.       Exclusions of Warranties. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, SITE, ANY INFORMATION, CONTENT, MATERIALS THEREIN OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITE ARE AT YOUR OWN RISK AND THAT THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

44.       Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL OR LOST PROFITS, REVENUE, DATA OR LOST OPPORTUNITY (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTION 38 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES, SERVICE PROVIDERS AND OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

45.       Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 7-10, 13, 24, 26, 33 and 36-44, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

 

46.       Agreement and Acknowledgement. You expressly agree that you have carefully read this Agreement and will carefully read all materials provided by NVE Bank in connection with this Agreement and agree that these terms and conditions will control the obligations of the parties for the delivery of the Service offered under this Agreement.

 

 

TERMS OF USE Account-to-Account (“A2A”)SM Transfer Service

 

1.       Introduction. This Terms of Use document (hereinafter “Agreement”) is a contract between NVE Bank (hereinafter “we,” “us” and “our”) and you (as defined below) in connection with the A2A Transfer Service (the “Service”) offered through our online banking site (the “Site”). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your Account(s) with NVE Bank. If any term, condition or provision of this Agreement conflicts or is inconsistent with any term, condition or provision of any other agreement related to your Account(s), then the term, condition or provision of this Agreement shall control to the extent of such conflict or inconsistency.

 

By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.

 

2.       Definitions.

a.     “Account” means a checking, money market or savings account.

b.     “Affiliates” mean companies related by common ownership or control.

c.     “Business Day” is every Monday through Friday, excluding Federal Reserve holidays, any holidays recognized by NVE Bank, or other days that banks are legally closed.

d.     “Recipient Account” is the account to which your funds will be credited.

e.     “Sender” means the Transaction Account holder initiating a transfer through the Service.

f.      “Service Provider” means companies that we have engaged to render some or all of the Service to you on our behalf.

g.     “Transaction Account” is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

h.     “Transfer Instruction” is the information provided by you to the Service for a transfer of funds to a Recipient Account.

i.      "You" or "your" means each person authorized to use the Service.

 

3.       Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

 

4.       Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes. Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service’s more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.

 

5.       Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).

 

6.       Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

 

7.       Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in- product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 28 below. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.

 

8.       Calls to You. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you’ve requested through the Service.

 

9.       Receipts and Transaction History. You may view at least six (6) months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

 

10.     Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Statement, available at http://www.nvebanking.com/home/security/privacy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

11.     Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors.

 

12.     Acceptable Use. You may use the Service to transfer funds as described in Section 13 below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 28 below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.

 

13.     Transfer Authorization and Processing. (a) The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States. (b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below in Section 19 (Service Fees and Additional Charges). You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds. (c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers because of the existence of any one or more of the following circumstances:

1.        If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;

2.        The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

3.        Negligent use, disclosure or loss of your account information;

4.        Failure to follow NVE Bank’s procedures;

5.        The transfer is refused as described in Section 22 below;

6.        You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,

7.        Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. (d) It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

 

14.     Transfer Methods and Amounts. We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.

 

15.     Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an “unclaimed funds” account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.

 

16.     Stop Payment Requests. If you as a Sender desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 28. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule available at any NVE Bank branch location and provided at account opening. 

 

17.     Your Liability For Unauthorized Transfers. If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

 

18.     Taxes. It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.

 

19.     Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

 

20.     Failed Or Returned Transfers. In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that: (a) You will reimburse us immediately upon demand the transfer amount that has been returned to us; (b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; (c) You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit; (d) You will reimburse us and our Service Provider for any fees or costs we or they incur resulting from the incomplete or returned transaction, including without limitation any fees incurred in attempting to collect the amount of the return from you; and, (e) We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

 

21.     Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting customer care for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service’s help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.

 

22.     Refused Transfers. We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.

 

23.     Returned Transfers. In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.

 

24.     Information Authorization. Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.

 

25.     Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 201-816-2800 during customer care hours; and/or write us at
NVE Bank
76 Engle Street
Englewood, NJ 07631

Any transfer(s) we have already processed before the requested cancellation date will be completed by us.

 

26.     Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

 

27.     Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You and we agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

 

28.     Errors, Questions, and Complaints.

 

(a) Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to:
     NVE Bank
     76 Engle Street
     Englewood, NJ 0763

In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 201-816-2800 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at
    NVE Bank
    76 Engle Street
    Englewood, NJ 07631

(b) If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must:

1.        Tell us your name;

2.        Describe the error or the transaction in question, 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. (c) If you notify us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. 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. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

 

29.     Waiver of Jury Trial. We and you agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third party beneficiary arising under or relating to this Agreement.

30.     Waiver of Class Action Claims. We and you agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Agreement as a class action.

 

31.     Arbitration. We and you agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any Service Provider or other intended third party beneficiary arising under or relating to this Agreement through binding arbitration. Both parties stipulate and agree that this Agreement evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows: a. We and you expressly agree that under no circumstances shall any dispute or claim arising under or relating to this Agreement be subject to arbitration on a class wide or collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or you may, at the option of the claiming party, pursue any claim in small claims court instead of arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the small claims court, whichever is less; and the small claims court must otherwise have jurisdiction of the claim and the parties.

 

32.     Arbitration Procedure. You or we may commence arbitration, at the claiming party’s election, administered either by JAMS (formerly known as “Judicial Arbitration and Mediation Services”), or the American Arbitration Association (“AAA”). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. a. You may, if you wish, commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii) the JAMS “minimum standards” for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. b. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If the claiming party selects non-appearance-based arbitration, the parties agree that the following rules shall apply: (i) the arbitration may be conducted telephonically, and/or online, or be based solely on written submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall not require any travel or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) discovery shall not be permitted. c. When we or you (whoever is the party commencing arbitration) do not select non-appearance-based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. d. Neither we nor you shall seek any award of attorney’s fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Agreement, in any arbitration claim arising under or relating to this Agreement, except that the arbitrator may award attorney’s fees when (and only to the extent that) the applicable law requires an award of attorney’s fees to the prevailing party.

 

33.     Arbitrability Issues to Be Decided By Arbitrator. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.

 

34.     Law and Forum for Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those that are arbitrated under Section 31 above) must be resolved by a court located in Bergen County, New Jersey. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless such claim is submitted to arbitration under Section 31 of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

35.     Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, contractors and assigns of each of these, from any and all loss, damage, claim, cost, expense, liability, action or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service, any unauthorized access to the Service through the use of your password or account information, violation of your responsibilities as described in this Agreement or your violation of intellectual property laws or the rights of others as may be caused by, among other things, your unauthorized or unlawful use of hardware or software to access the Service.

 

36.     Release. If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by Section 1542 of the California Civil Code, which reads: “Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;” or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code.

 

37.     No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

38.     Intellectual Property. All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors.  Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

 

39.     Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

 

40.     Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, including anyone claiming to represent us. In order to protect yourself against fraud, you need to adhere to the following guidelines:

1.     Do not give out your account information or Social Security Number.

2.     Do not leave your personal computer unattended while you are in the Site.

3.     Never leave your account information within range of others.

4.     Do not send privileged account information in any public or general e-mail system.

 

You agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 28 above. See also Section 17 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

 

41.     Exclusions of Warranties. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, SITE, ANY INFORMATION, CONTENT, MATERIALS THEREIN OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITE ARE AT YOUR OWN RISK AND THAT THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

42.     Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL OR LOST PROFITS, REVENUE, DATA OR LOST OPPORTUNITY (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 31, 32 AND 33 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES, TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

 

43.     Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 7, 8, 27, 29-38, and 41-42, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

 

44.     Agreement and Acknowledgement. You expressly agree that you have carefully read this Agreement and will carefully read all materials provided by NVE Bank in connection with this Agreement and agree that these terms and conditions will control the obligations of the parties for the delivery of the Service offered under this Agreement.

 

 

 

 

 

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