SAN DIEGO COUNTY CREDIT UNION WEB SITE TERMS OF USE AGREEMENT

San Diego County Credit Union maintains this web site as a service to our members. By using the site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. For purposes of this Agreement, the terms "we," "us," "our," and "Credit Union" refer to the San Diego County Credit Union, S.D. E-Commerce, LLC, and all other affiliates of San Diego County Credit Union. "You" refers to you, as a user of this site. If you do not agree to these terms, you shall not have the right to use this site in any way, review information and/or obtain goods or products from or through this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site and you should review this Agreement prior to each time that you wish to use the Site.
2. New and Additional Services. The Credit Union has the right (but not the obligation), from time to time, to introduce or remove or replace services on this Site. By using any services, including new or additional services when they become available, you agree to be bound by the terms outlined in this Agreement, in addition to any other agreements applicable to those services.
3. Electronic Mail. The Credit Union has provided email forms as a way for you to ask questions, or express comments or concerns regarding our services or your account. You cannot use email to initiate transactions on your account(s). For account transactions, please use the correct forms on the Site or contact a branch office.
4. Your Password. The Credit Union will provide you with a password that will enable you to access your Account on this Site. This password can be changed by calling us toll-free (877) SDCCU-4U. We recommend that you change your password regularly. We are entitled to act on instructions received under your password. You are responsible for keeping your password and Account data confidential. If you authorize someone else to use your Credit Union password, you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorized.
5. Payment Account. There are no fees for accessing your Credit Union account(s) on this Site, however you may be asked to designate a payment Account for services offered through this Site, such as Bill Payer Plus™. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the Account that you have designated as the payment account for the fees or charges associated therewith. If the designated payment account is closed, you are required to notify us and designate a new Account. All terms and conditions provided to you at the time you subscribe to a service are hereby incorporated by reference herein and shall have the full force and effect as if set forth herein in full. Use of this Site to access these services constitutes your acknowledgment of and agreement to said disclosures.
6. Internet Access Fees and Telephone Charges. You agree to be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses you incur by accessing your Account through this Site. Please note that these fees may be assessed and billed separately by your online service provider or phone company.
7. Hours of Access. You can access your Credit Union Account(s) and other services through this Site seven days a week, 24 hours a day. However, at certain times, some or this entire Site may not be available due to system maintenance. During these times, you may conduct transactions via our touch-tone telephone service, a San Diego County Credit Union ATM or a branch office.
8. Transfers. Transfers of monies between your Credit Union Accounts initiated by you through this Site are given immediate credit.
9. Transaction History. When accessing your Account(s) on this Site, please note that Account balance and transaction history reflects current activity and balance.
10. Additional Terms and Conditions and Other Agreements. In addition to this Agreement, you agree to be bound by, and will comply with, the requirements of applicable Account Disclosure Statements, Credit Union rules and regulations, the rules and regulations of any funds transfer system to which the Credit Union belongs, and applicable state and federal laws and regulations. Moreover, particular services you access through this Site may be subject to additional terms and conditions of the Credit Unionor third parties that may appear on this Site or on other web sites or on other materials. You expressly agree to be bound of the terms and conditions associated with those services, in addition to those found in this Agreement.
11. Termination. San Diego County Credit Union reserves the right to terminate this Agreement and your access to this Site, in whole or in part, at any time.
12. Assignment. The Credit Union has the right to assign this Agreement to any now-existing or future direct or indirect subsidiary or affiliate of San Diego County Credit Union. The Credit Union reserves the right to assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
13. Disclosure of Account Information. You authorize the Credit Union and each of its affiliates to disclose to third parties, agents, and other representatives, including without limitation, consultants, auditors or attorneys, information you have provided or that we or our affiliates have obtained about your Accounts and the transactions associated therewith in the following instances: i) when it is necessary or helpful in completing a transaction; ii) to verify the existence and condition of your Account for a third party, such as a merchant, another financial institution or a credit reporting agency; iii) to an Account verification service, in addition to a credit reporting agency, if we close your Account due to unsatisfactory handling, fraud, attempted fraud or criminal activity; iv) to comply with a law, regulation or court order which applies to us or an affiliate; v) in response to an inquiry about insufficient funds to cover a check you have written; vi) when you authorize us to; vii) to local, state and federal authorities, if we believe a crime may have been committed involving your Account; viii) to paying agencies after the death or incapacity of a recipient or beneficiary of recurring direct deposit payments; and/or ix) in response to requests by agents of San Diego County Credit Union, or its affiliates, such as independent auditors, attorneys or consultants.
14. Questions or Concerns Regarding Accounts and Services. In the event you have a question or believe there is an error concerning an online bill payment, fund transfer, Account information or similar transaction or activity, you should notify us in writing at 6545 Sequence Drive, San Diego, California 92121, as soon a possible, or FAX your letter to us at (858) 453-8410. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problems appeared. You can call us, but doing so will not preserve your rights as prescribed by law. In your letter give us the following information:
    • Your name and Account number;
    • The dollar amount of the suspected error; and
    • Describe the error and explain, if you can why you believe there is an error. If you need more information, describe the item you are not sure about.
    If you authorize us to pay your Visa Card bill automatically from your Savings or Checking Account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur.
15. Intellectual Property Rights. You hereby acknowledge and agree that the Credit Union exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site (collectively "Materials"), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 17, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of our rights in such Materials.
16. Trademarks. You hereby acknowledge and agree that San Diego County Credit Union, SDCCU, the sailboat logo, Bill Payer Plus and other Credit Union marks on the Site are either trademarks or service marks of San Diego County Credit Union and shall remain the exclusive property of San Diego County Credit Union. Other product and company names mentioned on the Site may be trademarks of their respective owners.
17. Limited Right to Use. Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, indivisible license, without the right to sublicense, to view, print or download certain contents, graphics, forms or documents from the Site solely for use by you for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use (but not for resale or redistribution).
18. Editing, Deleting and Modification. We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on the Site.
19. Indemnity. You agree to indemnify, defend and hold harmless the Credit Union, its officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of the Site, (c) any transactions or other activities you engage in with any third party service providers, third party merchant sites ("Merchants"), or other third parties who are part of our affiliate program or who you access by or through this Site, (d) your infringement or violation of the intellectual property or other rights of third parties, and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay our expenses, as provided above, the Credit Union shall have the right to defend itself, and in that case, you shall reimburse us for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of the Credit Union's written requests.
20. Assignment. Your right to use the Site is not transferable or delegable, by express grant, operation of law or otherwise. You have no right to assign, transfer, loan, give away, or disclose your password or any right given to you to obtain information or documents.
21. No warranty. All warranties, express or implied or statutory, are disclaimed (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and/or infringement of third party rights or arising out of a course of conduct or trade custom or usage). You understand and agree that the information and services on this site may contain bugs, errors, problems or other limitations. The Credit Union and its affiliated parties have no liability whatsoever for your use of any information or service provided via the Site. No advice or information, whether oral or written, obtained by you from SDCCU through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. Although we have taken measures to provide security for communications from you to the Credit Union via this site and may have referred to such communication as "secured," San Diego County Credit Union cannot and does not provide any guaranty or warranty of such security.
22. Disclaimer and Limits. Except where the law requires a different standard, you agree that neither we nor the service providers affiliated with the site shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union, or by Internet browser providers such as Netscape or Microsoft, or by Internet access providers or by online service providers or by an agent or subcontractor of the foregoing. Nor shall the Credit Union or the third party service providers be responsible for any direct, indirect, special, consequential or exemplary damages, whether foreseeable or not, whether based on breach of contract, breach of warranty, tort (including negligence) strict liability or otherwise, that are in any way related to this agreement, the breach thereof, the installation, download, use, or maintenance of the equipment, software, Credit Union services, or Internet browsers or access software, any viruses affecting this site, the use or inability to use this site, the results generated from this use of the site, loss of goodwill or profits, lost business however characterized and/or from any other cause whatsoever. You further agree that each and every provision of this agreement that provides for a limitation of liability, disclaimer of warranties or exclusion of damages is expressly intended to be severable and independent of any other provisions since these provisions represent separate elements of risk allocation between the parties and shall be separately enforced. This site and the information herein would not be provided without such limitations.
23. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding uses of the Site by you and all information provided by you in any manner consistent with our Privacy Policy and this Agreement.
24. Third-Party Services. We allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
25. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
26. Privacy Policy. Our Privacy Policy, as it may change from time to time, is hereby incorporated by reference herein and shall be deemed a part of this Agreement for all interests and purposes.
27. Credit Card Payments. You represent and warrant that if you are purchasing something from us or from any Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
28. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
29. Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
30. Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
31. Miscellaneous. This Site (excluding linked sites) is controlled by San Diego County Credit Union from its offices within the State of California, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in San Diego, California. This Agreement shall be interpreted and enforced according to the substantive laws of the State of California, without application of its conflicts or choice of law rules. Both you and the Credit Union irrevocably submit to the jurisdiction of the state and/or federal courts located in San Diego, California for any action or proceeding regarding this Agreement, and waive any right to assert the doctrine of forum non conveniens or otherwise object to the jurisdiction or venue of the courts in San Diego County, California. The Credit Union makes no representation that materials on the Site are appropriate or available for use in locations other than San Diego, California, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws.
    
    Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
32. Attorneys' Fees. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.