REALPAY BY CO-OP TERMS OF USE

 

Last Amended Date:  June 26, 2015

Welcome!  You have been directed to these Terms of Use as you have received a notification {“Payment Notification”} that a payment will be sent to your Account by the sender shown in the Payment Notification.  You must first (a) read these Terms of Use carefully and accept them and (b) provide any other information requested before the payment will be made to your Account.  By clicking “I Accept” at the end of these Terms of Use, you, jointly and severally if there is more than one person meeting the definition of “you” below, are confirming that you (a) carefully read and agree to be bound by these Terms of Use, (b) are the intended recipient of the payment and (c) are of sufficient legal age to visit this site and provide or verify all required information to have payments made to your Account and create legally binding obligations for any liability you incur as a result of doing any of the foregoing or receiving payments.  If you do not agree to these Terms of Use, then do not accept them and the payment will not be made to your Account.  These Terms of Use apply to the most recent Payment Notification you received and to all future Payment Notifications you receive from us.  We may, however, require that you confirm your agreement to these Terms of Use or agree to amended Terms of Use for future Payment Notifications or future Payment Notifications may be covered under a separate Terms of Use in connection with any other service we provide.

Definitions.  In addition to other terms defined elsewhere in these Terms of Use, the following terminology applies to these Terms of Use:  “You”, “your” and “yourself” and similar terms mean the person identified as the recipient in the Payment Notification and any joint owners on the Account identified in the Payment Notification and anyone authorized by you to provide or verify the information required to complete the payment to your Account.  “CO-OP Financial Services”, “we”, “our”, “us” and similar terms mean CU Cooperative Systems, Inc.  “Financial Institution” means a United States federal or state regulated financial institution that holds your Account.  “Account” means an eligible (as determined by your Financial Institution) deposit or savings or share account held at a Financial Institution.  “Business Account” means an Account established primarily for business purposes and not primarily for personal, family, or household purposes. 

General Description of RealPay by CO-OP.  RealPay by CO-OP is a real-time Person to Person (“P2P”) payment service operated by CO-OP Financial Services on behalf of participating credit unions for their members to send money to certain Accounts at U.S. based Financial Institutions.  Payments may be sent in real time if the recipient’s Financial Institution participates in the PayNet Network or CO-OP Connect or by Automated Clearing House (“ACH”) as a secondary routing option.  Neither CO-OP Financial Services nor the software utilized in RealPay by CO-OP nor any payment network authorizes payments or verifies any information provided by the sender including as shown in the Payment Notification or provided by the recipient of a Payment Notification.  By providing or verifying information and taking steps to receive your payment, you are satisfying the requirements of the sender’s credit union to make the payment to your Account.  We and all other networks involved in the payment transaction are independent contractors for all purposes in our relationship with you and we and all networks are acting on behalf of the sender’s credit union in all aspects of the payment transaction including, without limitation, receiving the payment instruction from the sender’s credit union, sending you the Payment Notification and providing you with instructions, taking information or verifications from you and sending such information and verifications to the sender’s credit union so that the sender’s credit union can complete the payment transaction on behalf of the sender.  The payment to your Account must be authorized by the sender’s credit union and your Financial Institution regardless of you completing or verifying the information requested.  Neither we nor networks involved in the transaction approve or authorize payments or verify information provided.  No funds from the sender are deposited with or held by us or networks involved in the transaction.  All payments are made from funds held in the sender’s Account at his/her credit union and are directly sent from the sender’s Account to your Account at your Financial Institution.  For all transactions relating to your Accounts, you should refer to your financial institution’s policies and disclosures concerning the funds in your Accounts.  

Ownership, License and Copyright Notice. CO-OP Financial Services is the owner or licensee or sublicensee of all right, title, and interest in and to the software and the proprietary technology used to operate this service and the functionality used for the services including, but not limited to, any accompanying user documentation and all subsequent copies, updates, or versions of the service regardless of the media or form in which they may exist (collectively “RealPay by CO-OP”).  Subject to these Terms of Use, you are hereby granted a personal, nonexclusive, nontransferable, limited sublicense to access relevant portions (as determined by CO-OP Financial Services) of RealPay by CO-OP on a personal computer or mobile device in accordance with these Terms of Use for the sole purpose of receiving instructions from CO-OP Financial Services on behalf of the sender’s credit union and providing or verifying the information requested or provided so that the sender’s credit union can complete the transaction requested by the sender to make a payment to your Account.  This sublicense does not allow you to access the non-relevant portions of RealPay by CO-OP or access the relevant portions of RealPay by CO-OP on any mobile device you do not own or control.  All rights not expressly granted to you by these Terms of Use are hereby reserved by CO-OP Financial Services or its licensors.  Nothing in this sublicense will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to RealPay by CO-OP.  Any provision of the foregoing by us is at our sole discretion and does not obligate us to provide future assistance.  The foregoing sublicense and these Terms of Use will govern any updates or upgrades provided by us that replace or supplement the original RealPay by CO-OP that you are permitted to access unless at the time of your access there is a separate or new sublicense or terms of use in which case the most recent sublicense and terms of use will govern.  Copyright and other relevant intellectual property rights exist on all content relating to RealPay by CO-OP and unless indicated otherwise are owned by CO-OP Financial Services or its licensors who have authorized use and sublicensing by CO-OP Financial Services.  The brand names and specific services of the companies featured in RealPay by CO-OP are trademarked or service marked by those companies.   

How a Payment is Made to Your Account.  The payment will be made directly to your Account from the sender’s Account based on the Account information that we request you to provide after you accept these Terms of Use or that the sender provided when submitting the payment instruction to his/her credit union through RealPay by CO-OP.  You are required to verify this information when you respond to our instructions for facilitating the payment to your Account by the sender’s credit union.  The sender must provide a valid email address (and the email address must not be on an official unsubscribed list) for you so that we can send the Payment Notification and reminder notices to you on behalf of the sender’s credit union.  If you have provided us with your mobile phone number and given us your consent to text you Payment Notifications and reminders to your mobile phone number, we will usually send you text messages, but at our option may email you Payment Notifications and reminders.  You agree that you have authorized the sender to provide your email address and mobile phone number (if provided by the sender) for the current Payment Notification and all future Payment Notifications and reminders.  The sender may also provide your Account information.  If the sender does not provide your Account information, you must provide it along with other information, including a token we provided to you via email or a text, after you receive the Payment Notification and accept these Terms of Use.  Once you have completed providing or verifying all required information, the sender’s credit union will be notified by us and the sender’s credit union will make the payment to your Account subject to these terms and conditions.   The payment will be sent to your Account either in real time if the Financial Institution participates in the PayNet Network or by Automated Clearing House (“ACH”) as a secondary routing option.  As a convenience to you, we will maintain the mobile phone number, email address and your Account information for future payments a sender may make to your Account.  This information will be protected as described in our Privacy Policy available on our website and mobile application.

Availability of RealPay by CO-OP.  Subject to these Terms of Use, you will generally be able to access the relevant portions RealPay by CO-OP 7 days a week, 24 hours a day, but at certain times this service may not be available due to system maintenance or circumstances beyond our control.  We may not be able to provide you with advance notice of the unavailability of RealPay by CO-OP.

You Agree to the Following When You Accept RealPay by CO-OP’s Terms of Use and When You Provide or Verify Information and When You Receive Your Payment

(a)  You are the intended recipient, as stated in the payment notification sent to you, of the sender’s payment through RealPay by CO-OP.

(b) You authorize the sender to provide any Account or other information about you and your Accounts to us and the sender’s credit union and any third parties necessary for completing the transaction or as otherwise permitted by Applicable Law.

(c) Except as otherwise provided by Applicable Law, you understand that you are financially responsible for every access to the relevant portions of RealPay by CO-OP by you and those who are authorized by you to access the relevant portions of RealPay by CO-OP, provide or verify the required information and withdraw payments from your Account.  You will only access RealPay by CO-OP for yourself and not for any other person.

(d)  In the event a payment is made to your Account from a sender’s Account and it is determined that such payment was improper because it was not authorized by the sender or the sender’s credit union or your Financial Institution for any reason including because there were not sufficient funds in the sender’s Account, you hereby authorize your Financial Institution to withdraw from your Account an amount equal to the amount of the funds improperly paid to you to return to the sender’s credit union.

(e) The sender may cancel the payment at any time prior to you providing or verifying all required information through RealPay by CO-OP and our receipt and the sender’s credit union receipt of such information/verification and neither we nor your Financial Institution nor the sender’s credit union nor any involved third party network will be responsible or liable to you for any payments that the sender has cancelled even if you have received a Payment Notification.

(f) If you do not accept these Terms of Use or provide or verify all required information through RealPay at CO-OP within ten (10) days after we send you the Payment Notification (regardless of when you actually receive or view the Payment Notification) , the payment will be automatically cancelled and will not be made to your Account.

(g) You agree that all of the information you provide or verify in response to a Payment Notification is accurate, current, complete and true.  If you provide or verify inaccurate, incomplete, or false information, or we reasonably suspect that the information you have provided or verified is inaccurate, incomplete, or false, your access to the relevant portions of RealPay by CO-OP may be suspended or terminated without notice and the payment will not be made to your Account.

(h) You are responsible for maintaining the confidentiality of any information, including your financial and Account information, you provide or verify during your access to the relevant portions of RealPay by CO-OP. You agree to immediately notify us of any unauthorized use of your token other verification information, or any other breach of security related to your access to RealPay by CO-OP by contacting us at 1-866-698-8896.  In case of unauthorized access to your device or your telecommunications service, or any other compromise of the security for your device, you agree to immediately cancel your use of the device to access RealPay by CO-OP.  Neither we, nor any involved Financial Institution, nor any service provider will be liable for any access to the RealPay by CO-OP, or providing or verifying information or payments made using or a s a result of a device that has been compromised.

(i)  We will only be responsible for acting on instructions sent through RealPay by CO-OP that are actually received by us.

(j) Without our written consent, you may not access RealPay by CO-OP or receive payments in your Account to operate or engage in any business regulated by the Financial Crimes Enforcement Network (“FinCen”) including the money services business.  You may not access RealPay by CO-OP to engage in any transaction involving virtual currency including the purchase and sale of virtual currency, or to provide a marketplace, broker, and/or exchange for virtual currency.

(k) You agree that the payment being made to your Account is not a “Prohibited Payment” as listed below:

            (i) a payment from a person or Account located in prohibited territories (including any territory outside of the United States);

            (ii) a payment that violates any federal or state law, regulation or local ordinance;

            (iii) a payment related to a gambling debt, gambling or gaming activities;

            (iv) a payment for payment or collection of an overdue or defaulted debt;

            (v) a payment for court ordered amounts such as alimony or child support;

            (vi) a payment for an amount owed to someone other than you.

(l) You agree to indemnify, defend, and hold us, the sender’s credit union, your Financial Institution, third party service providers, and ours and theirs respective directors, officers, employees, and agents, harmless from and against any and all claims, liability, damages, costs, and expenses, including reasonable attorneys’ fees, penalties, and fines that result from or arise out of (i) your violation of these Terms of Use, your unauthorized or misuse of RealPay by CO-OP, or your breach of any promises, agreements, or warranties; (ii) any action you may or may not take in reliance on the information provided by RealPay by CO-OP;  (iii) any action we or the sender’s credit union or your Financial Institution take arising out of or relating to the sender’s payment to you via RealPay by CO-OP; (iv) any disclosure or verification of information provided by you or the sender including, without limitation, your Account information through RealPay by CO-OP; (v) any willful misconduct, fraud, criminal activity, intentional tort or negligence committed by you involving RealPay by CO-OP; (vi) any transmission or instruction, whether or not authorized, acted upon by us or the sender’s credit union or your Financial Institution or any involved third party network in good faith, (vii) any disclosure of information provided by you including, without limitation, your Account information to the sender, the sender’s credit union or other third parties as necessary to complete your transaction or as otherwise permitted by Applicable Law, and (viii) any action we or third party service providers or Financial Institutions involved in the transaction take on any one of your transactions, or which result, directly or indirectly, in whole or in part, from your use of or access to RealPay by CO-OP, and your providing or verifying information or receipt of funds via  RealPay by CO-OP.  Your obligation under this paragraph shall survive termination of your access to RealPay by CO-OP and these Terms of Use.  Without limiting the generality of the foregoing, we and the sender’s credit union and your Financial Institution and involved third party networks  are excused from failing to act or delay in acting, and any failure or delay does not constitute a breach of these Terms of Use or otherwise give rise to any liability by us or any of the foregoing parties if (i) the failure or delay arises out of legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, natural disaster, labor dispute, or other causes beyond our or any of the foregoing parties’  control, or (ii) we or any of the foregoing parties believe our/its respective action would violate any guideline, rule or regulation of any government authority.

(m) You may be required to reconfirm your agreement to these Terms of Use at any time to continue accessing the relevant portions of RealPay by CO-OP, or agree to a new version of these Terms of Use or amendments hereto at any time prior to accessing RealPay by CO-OP, but in the event you are not required to do so and you access the relevant portions of RealPay by CO-OP without such confirmation, your access to RealPay by CO-OP confirms your continued agreement to these Terms of Use and any amendments hereto.  We may amend, modify, or cancel these Terms of Use, the services provided by RealPay by CO-OP, or any of its features at any time and without advance notice to you including features to enable payments to Accounts.  You agree that your continued access to the relevant portion of RealPay by CO-OP after such amendments or modifications have been made constitutes your agreement to the change or modification.  We will use reasonable efforts, however, to provide an effective date of amendments to these Terms of Use which will be shown at the beginning of these Terms of Use, but you agree that we are not required to do so in order for the amendments to be effective upon your access to the relevant portions of RealPay by CO-OP.  You may review these Terms of Use at any time after you have accepted them by printing them or viewing them on the RealPay pick-up website or by contacting us at 1-866-698-8896 and asking us to send you a hard copy   

(n)  You are solely responsible for the selection, installation, maintenance, and operation of your mobile device and connection to a wireless carrier.

(o)  You understand and agree that there may be a delay between the time we send you a Payment Notification and reminders and the deposit of the payment into your Account (up to two (2) Business Days), and you may be required to take additional steps with your Financial Institution to facilitate the deposit of the payment into your Account.

(p) You understand and agree that you are solely responsible, and that neither we nor any third party network nor the sender’s credit union nor your Financial Institution shall bear any responsibility or liability for any state and/or federal taxes which may be owed for the payment made to your Account received through RealPay by CO-OP.

(q) You are responsible for any and all charges including, but not limited to, fees charged by your Financial Institution associated with accessing RealPay by CO-OP, and those fees that are otherwise applicable to your Account(s).

(r) By using the relevant portions of RealPay by CO-OP, you acknowledge and agree that we or a third party service provider may collect and use technical data and related information including, but not limited to, technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to RealPay by CO-OP.

(s) In accessing the relevant portions of RealPay by CO-OP, you agree not to:

            i. impersonate any person or entity;

            ii. upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

            iii. spam or flood the RealPay by CO-OP website or mobile application;

            iv. reproduce, modify, unbundle, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble, or create derivative works of any portion of RealPay by CO-OP, or the software used in connection with RealPay by CO-OP;

            v. remove any copyright, trademark, or other proprietary rights or notices contained on RealPay by CO-OP;

            vi. “frame" or "mirror" any part of RealPay by CO-OP;

            vii. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of RealPay by CO-OP;

            viii. otherwise interfere with, or disrupt, RealPay by CO-OP, or violate these Terms of Use or any requirements, procedures, policies, or regulations applicable to RealPay by CO-OP or of any networks connected to RealPay by CO-OP; or

            ix. intentionally or unintentionally violate any applicable local, state, federal, national or international statute, regulation, regulatory guideline, judicial or administrative interpretation, or any rule or requirement established by us (all of which shall constitute "Applicable Law") in connection with your access to RealPay by CO-OP.

Additional Provisions for Eligible Business Accounts.   If a Payment Notification is sent to you to make a payment to an eligible Business Account (as determined solely by the Financial Institutions involved in the payment transaction), you agree that any person with authority to take action or make decisions (“Authorized Representative”) on behalf of you or the corporation, limited liability company, partnership, limited partnership, general partnership sole proprietorship, joint venture or association, or other legal entity that owns the Business Account, is authorized on the terms, conditions, and agreements that we or your Financial Institution may require from time to time to (a) accept and enter into these Terms of Use, as amended from time to time; (b) access the eligible Business Account in any manner and for any purpose, whether available now or in the future, including to withdraw or otherwise use the payment made pursuant to a Payment Notification; (c) provide or verify all information necessary to conduct transactions including making or receiving a payment pursuant to a Payment Notification; and (d) conduct any transactions available to be conducted whether now or in the future in the eligible Business Account.   You also agree to notify your Financial Institution of the following: (a) any change in a representation or statement made or furnished by you or on your behalf in your communications with us or your Financial Institution; (b) if a material change occurs in your ownership or organizational structure (acknowledging that any change in ownership will be deemed material when ownership is closely held); (c) you liquidate, dissolve, or enter into any consolidation merger, partnership, or joint venture; (d) you sell any assets except in the ordinary course of business as now conducted, or sell, lease, assign, or transfer any substantial part of your business, fixed assets, any property, or other assets necessary for the continuance of your business as now conducted including, without limitation, the selling of any property or other assets accompanied by the leasing back of the same; (e) you cease doing business, become insolvent, a receiver is appointed for all or any part of your property, you make an assignment for the benefit of creditors, or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws, or any other law or laws relating to debtors; (f) if you are a sole proprietorship, the owner dies; (g) if you are a partnership, any general or managing partner dies; (h) if you are a corporation, any principal officer, or 10.00% or more of the shareholders die; (i) If you are a limited liability company, any managing member dies; (j) if you are any other form of business entity, any person(s) directly or indirectly controlling 10.00% or more of the ownership interests of such entity dies; (k) If there is any change in the Authorized Representatives or authorized signers for any Account(s); (l) any creditor tries to take any of your property on or in which we have a lien or security interest, including a garnishment of any of your  Accounts held with your Financial Institution; (m) a judgment or judgments is entered against you that is not satisfied within thirty (30) days or stayed pending appeal; (n) an involuntary lien or liens is attached to any of your assets or property and not satisfied within thirty (30) days or stayed pending appeal; (o) an adverse change occurs in your financial condition or applicable credit histories; or (p) you are in default under any agreement for borrowed money or any other material contract.  You further agree to provide your Financial Institution with any financial records reasonably requested to determine your financial status in order to receive payments in your Accounts through RealPay by CO-OP.

 How We Communicate with You.  We will communicate with you by sending you Payment Notifications and reminders concerning payments that a sender has instructed his/her credit union to pay to your Account using RealPay by CO-OP and by sending you disclosures and other information that we are required by Applicable Law to send to you.  These Terms of Use govern all such communications.  Upon your consent to receiving Payment Notifications and reminders via a text message or a phone call to your mobile phone number, we will usually send Payment Notifications and reminders to you at the most recent mobile phone number provided by you or the sender of the payment usually via text messages.  We may, however, and we will if you have not given us your prior consent, email you Payment Notifications and reminders to the most recent email address that you or the sender provided.  Other disclosures and information will be sent to you at the most recent email address that you or the sender provided in accordance with Applicable Law.  When you  provide us with your mobile phone number, you are (a)  providing us with your express consent to receive Payment Notifications and reminders concerning payments from us via phone calls or text messages to the mobile phone number you have provided to us; (b) agreeing that  we will determine in our sole discretion whether to send you a text message, email, or make a phone call to you; (c) providing us with your express consent that we may call your mobile phone number using pre-recorded/artificial voice messages and/or through the use of an automatic telephone dialing system; (d) providing us with your express consent that text messages may be sent to your mobile phone number through the use of an automatic telephone dialing system; (e) agreeing that calls or text messages to your mobile phone number may result in charges to you; (f) representing and warranting to us that you are the subscriber to the mobile phone number you have provided to us and that you are authorized to give the foregoing consent and that if your  mobile phone number changes or you are no longer the subscriber to the mobile phone number you provided that you will contact us at 1-866-698-8896 or email us at CO-OPConnectSupport@co-opfs.org and sign new terms as requested; (g)agreeing that, subject to your mobile phone plan, calls to your mobile phone number and text messaging and data fees may apply to you and that you, and not us or your Financial Institution or the sender’s credit union or any involved third party network, are solely responsible for any charges for calls or text or data fees billed to you by your mobile phone provider in relation to your access of relevant portions of RealPay by CO-OP; (h) understanding and agreeing that text messages can be delivered to your mobile phone whether or not you are logged into the RealPay by CO-OP mobile application and whether or not your mobile phone is locked, in sleep mode, or turned off (i).agreeing that your wireless provider or Internet service provider is acting as your agent in this capacity; (j) agreeing that the text messages are subject to the terms and conditions of your wireless provider or Internet service provider and that text messages may not be encrypted. 

 If you want to stop receiving text messages from us you must respond to our text by texting “STOP,” and we will stop sending you text messages as soon as we can reasonably act on your instruction.

When you or the sender of the payment provides us with your email address you are (a) providing us with your express consent to receive Payment Notifications and reminders and concerning payments and disclosures and other information from us to the most recent email address provided to us and verifying that the email address is valid and not on an official unsubscribed list; (b) agreeing that  we will determine in our sole discretion whether to send you an email or text message or make a phone call to you (if you have provided your mobile phone number and provided us with your express consent to send texts or call the mobile phone number); (c) agreeing that your wireless provider or Internet service provider is acting as your agent in this capacity; (d) agreeing that email messages are subject to the terms and conditions of your wireless provider or Internet service provider and that email messages may not be encrypted. 

You agree to hold us harmless and release us from any liability in connection with text messages and emails that fail to be delivered to you. 

We will never send you a text or email message that asks you to supply any sensitive personal or financial information, such as your social security number or your account number.  If you receive such a request, do not respond to it and contact us immediately.  In the event the mobile device you use for the Payment Notification is lost or stolen, you agree to do all things necessary to disable the device.

You agree to notify us by contacting us at 1-866-698-8896 or emailing us at CO-OPConnectSupport@co-opfs.org at any time if the information you provide or that the sender of a Payment Notification provides, including your mobile phone number and email address, is no longer current, accurate, complete, or true, and that you will keep all such information promptly updated with your Financial Institution.

Consent to Receive Electronic Communications and Information We Send You.  Unless otherwise required by Applicable Law, by accepting these Terms of Use you agree that any written disclosures or other information that we are required to provide to you may, at our option, be sent electronically to the most recent email address you or the sender of a Payment Notification has provided to us.  If permitted by Applicable Law, we reserve the right to terminate your use of the relevant portions of RealPay by CO-OP if you withdraw your consent to receive electronic communications from us.

Any information you receive electronically or otherwise from us is provided on a best-efforts basis and is believed to be reliable, but cannot be guaranteed.  We are not responsible for any deficiencies in the accuracy, completeness, availability or timeliness of such information, or any investment or other decision you make using this information.   Any notice we send you, whether orally, electronically, or in writing, is effective when sent to you regardless of when or whether or not you actually receive the information.  If there is more than one owner on your Account, a notice to any one owner serves as the notice to all other owners.

Hardware and Software Requirements for Receiving Electronic Communications. 

You must satisfy the following hardware and software requirements for receiving electronic communications, including disclosures, from us.  While you may be able to access and retain the electronic communications using other hardware and software, we do not recommend this as we currently only support the following minimum requirements:

 A mobile device with a compatible operating system, such as:

iOS 5 and higher

Android OS 4.0 and higher for mobile handsets

Android OS 4.0 and higher for tablets

A valid mobile phone number

Web Access:

Access to the Internet using the default browsers included by your mobile device manufacturer; or

The latest mobile banking application compatible with your device platform

A valid email account with adequate storage to save communications delivered electronically or a printer to print the communications

OUR DISCLAIMER. To the fullest extent permitted by law, NEITHER we NOR ANY INVOLVED FINANCIAL INSTITUTION NOR ANY THIRD PARTY SERVICE PROVIDER makeS any representations or warranties about REALPAY BY CO-OP, PAYMENT NOTIFICATIONS OR REMINDERS OR THE PAYMENTS MADE TO YOUR ACCOUNT FROM A SENDER’s credit union of any kind, express or implied or statutory, including, but not limited to, any warranties of title, NON-INFRINGEMENT,  merchantability, fitness for a particular purpose, or warranties which may be made by any affiliate or any other third party, including in relation to any inaccuracies or omissions WITH RESPECT TO REALPAY BY CO-OP OR TRANSACTIONS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND ALL INVOLVED FINANCIAL INSTITUTIONS AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF REALPAY BY CO-OP (INCLUDING, WITHOUT LIMITATION, THAT REALPAY BY CO-OP WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE).  this does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to REALPAY BY CO-OP.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN OR AS REQUIRED BY LAW, YOUR ACCESS TO REALPAY BY CO-OP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND EFFORT IN accessing REALPAY BY CO-OP IS WITH YOU.  THE SERVICES PROVIDED BY REALPAY BY CO-OP ARE PROVIDED on an “as is” and “where available” basis.

NEITHER WE NOR ANY INVOLVED FINANCIAL INSTITUTION NOR ANY THIRD PARTY SERVICE PROVIDER makeS any warranty as to the results that may be obtained from ACCESSING REALPAY BY CO-OP, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information, TRANSACTIONS, service, or products provided through REALPAY BY CO-OP.  YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION, ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WE SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS WHEN ACCESSING REALPAY BY CO-OP, NOR THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE FINANCIAL INSTITUTION, AUTOMATED CLEARINGHOUSE OR TRANSMISSION, INFORMATION OR COMMUNICATIONS FACILITY, ANY RECEIVER, BENEFICIARY, INTERMEDIARY FINANCIAL INSTITUTION, OR RECEIVING DEPOSITORY FINANCIAL INSTITUTION, AND NO SUCH PERSON OR ENTITY SHALL BE DEEMED OUR AGENT.

Our limit of liability. NEITHER WE NOR ANY INVOLVED FINANCIAL INSTITUTION NOR ANY THIRD PARTY SERVICE PROVIDER shall be liable to you or to any third party for damages or otherwise (a) FOR ANY LOSS OR DAMAGE YOU SUFFER DUE TO AN INTERRUPTION IN Realpay by co-op or your failure to receive a payment notification or a REMINDER OR A payment in your account, (b) RESULTING FROM THE ACT OR OMISSION OF ANY THIRD PARTY, (c) FROM ANY OTHER CAUSE BEYOND OUR OR ANY INVOLVED FINANCIAL INSTITUTION’S OR THIRD PARTY SERVICE PROVIDER’S CONTROL, (d) FOR any modification, suspension, oR discontinuance of REALPAY BY CO-OP, or (e) arising out of or in connection with your access to REALPAY BY CO-OP.  This includes, without limitation, liability for direct loss, loss of business or profits, damage caused to your MOBILE DEVICE, computer, computer software, systems and programs, or telephone service and the data thereon, or any other direct or indirect, consequential, incidental, or punitive damages WHETHER OR NOT WE OR YOUR FINANCIAL INSTITUTION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF USE, NEITHER WE NOR ANY INVOLVED FINANCIAL INSTITUTION NOR ANY THIRD PARTY SERVICE PROVIDER WILL BE SUBJECT TO ANY LIABILITY TO YOU IN CONNECTION WITH ANY MATTER.

IN PROVIDING ACCESS TO ALL OR PORTIONS OF REALPAY BY CO-OP, WE ARE ENTITLED TO RELY SOLELY ON THE INFORMATION, RESPRESENTATIONS, AND WARRANTIES PROVIDED BY YOU IN CONNECTION WITH YOUR ACCESS TO THE RELEVANT PORTIONS OF REALPAY BY CO-OP AND THESE TERMS OF USE, AND WE AND THE INVOLVED FINANCIAL INSTITUTIONS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS THEREOF.  UNLESS WE FAIL TO EXERCISE DUE CARE IN THE HANDLING OF YOUR CONFIDENTIAL INFORMATION, WE AND THE INVOLVED FINANCIAL INSTITUTIONS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS INCURRED OR DAMAGE SUFFERED BY YOU BY REASON OR IN CONSEQUENCE OF ANY UNAUTHORIZED PERSON GAINING ACCESS TO OR OTHERWISE MAKING USE OF ALL OR PORTIONS OF REALPAY BY CO-OP.  YOU ASSUME FULL RESPONSIBILITY FOR THE CONSEQUENCES OF ANY MISUSE, OR UNAUTHORIZED USE OF OR ACCESS TO REALPAY BY CO-OP, OR DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION.  ACCESS TO RELEVANT PORTIONS OF REALPAY BY CO-OP IS DETERMINED SOLEY BY US IN OUR DISCRETION AND WE SHALL HAVE NO LIABILITY FOR NOT MAKING AVAILABLE TO YOU ACCESS TO ANY PORTION OR ALL OF REALPAY BY CO-OP.  ALL ACCESS IS PURSUANT TO THE TERMS AND CONDITIONS STATED HEREIN.  WE SHALL ONLY BE LIABLE TO YOU FOR OUR OWN NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH CONTACTING YOU ABOUT AND OBTAINING AND RECEIVING YOUR INFORMATION FOR PAYMENT NOTIFICATIONS, SUBJECT TO THE FOLLOWING LIMIT:  OUR LIABILITY FOR OUR OWN NEGLIGENCE OR WILLFUL MISCONDUCT IS LIMITED TO DIRECT MONEY DAMAGES ACTUALLY INCURRED BY YOU IN AN AMOUNT NOT EXCEEDING THE AMOUNT OF THE PAYMENT IDENTIFIED IN THE PAYMENT NOTIFICATION; PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED A DOUBLE-RECOVERY FROM US OR ANY THIRD PARTY FOR YOUR DAMAGES.  WE WILL NOT HAVE JOINT LIABILITY TO YOU AND EACH WILL ONLY BE LIABLE FOR ITS OWN NEGLIGENCE OR WILLFUL MISCONDUCT UP TO THE LIMITS STATED HEREIN.  UNLESS EXPRESSLY STATED OTHERWISE HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY,CAUSED BY EQUIPMENT, SOFTWARE, OR ANY THIRD PARTY IN CONNECTION WITH REALPAY BY CO-OP NOR ANY DAMAGES OF ANY NATURE INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL PUNITIVE, ECONOMIC, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, INTERNET BROWSER, OR ACCESS SOFTWARE USED IN CONNECTION WITH REALPAY BY CO-OP.  The above exclusions and limitations apply only to the extent permitted by law.  None of your statutory rights as a consumer are affected.

We assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, or use of, or downloading from ACCESS TO REALPAY BY CO-OP.

U.S. Government Restricted Rights. The software used in connection with RealPay by CO-OP is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the software by the United States of America, its agencies, or instrumentalities is subject to the restrictions set forth in these Terms of Use.

 

Miscellaneous.

(a)  Entire Agreement. These Terms of Use apply only to RealPay by CO-OP and constitute the entire agreement between you and us concerning RealPay by CO-OP.   

(b) Governing Law.  These Terms of Use will be governed by and construed in accordance with the laws of the State of California, excluding that body of laws pertaining to conflict of laws.  All disputes relating to RealPay by CO-OP and these Terms of Use are subject to the exclusive jurisdiction and venue of the courts in California and you expressly consent to such jurisdiction and venue.

(c)  Severable Provisions.  If any provision of these Terms of Use is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.

(d)  English Language.  These Terms of Use and all related documentation are and will be in the English language and the application of the United Nations Convention on Contracts for the International Sale of Good is hereby expressly waived and excluded. 

(e) Force Majeure.  Neither us nor any third party processor OR Financial Institution nor their agents shall be responsible for liability, loss, or damage of any kind resulting from any delay in the performance of or failure to perform its responsibilities hereunder due to causes beyond the aforementioned party’s reasonable control.

(f) Enforcement and Attorney’s Fees. You agree to be liable to us for any liability, loss, or expense as provided in these Terms of Use that we incur as a result of any dispute involving your Accounts or RealPay by CO-OP.  In the event a party brings a legal action to enforce or interpret these Terms of Use or collect any overdrawn funds on Accounts accessed through RealPay by CO-OP, the prevailing party shall be entitled to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

(g) Waiver.  Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.

(h)  Assignment.  You may not assign or transfer any rights or obligations you may have under these Terms of Use without our prior written consent which may be withheld at our discretion.  We may assign or transfer our rights and obligations under these Terms of Use at any time to any party.  We may delegate our rights and responsibilities to any third party at any time without notice to you.

(i)  Business Days.  For purposes of these Terms of Use, our business days are Monday through Friday, 8:00 a.m. to 5:00p.m. Pacific Time excluding all Federal Reserve recognized holidays.

(j)  Confidentiality.  We will disclose information to third parties about your Accounts, transfers, or payments:

(i) Where it is necessary for completing transfers or payments; or

(ii) In order to verify the existence or condition of your Accounts for a third party, such as a credit bureau or merchant; or

(iii) In order to comply with government agency or court orders; or

(iv) If you give us your permission.

You should review our Privacy Policy posted on our website and in the mobile application for more information.

(k)  Electronic Contract and Signature. This Agreement is an electronic contract that sets out the legally binding terms of your use of the relevant portions of RealPay by CO-OP.  You indicate your acceptance of these Terms of Use and all of the terms and conditions contained or referenced herein and acknowledge your receipt of all disclosures when you click on the "I Accept" button or button with similar acceptance terminology and at any time thereafter when you use the relevant portions of RealPay by CO-OP.  This action creates an electronic signature that has the same legal force and effect as a handwritten signature.  When you click on the "I Accept" button, you also consent to have these Terms of Use provided to you in electronic form.  You have the right to receive these Terms of Use in non-electronic form by contacting us at 1-866-698-8896 or CO-OPConnectSupport@co-opfs.org.

(l)  Provisions that Survive Termination.  The following Sections “Ownership, License and Copyright Notice”, “Our Disclaimer”, “Our Limited of Liability” and “Miscellaneous” as well as any other terms or provisions which by their terms or nature should survive, will survive termination of these Terms of Use.

Privacy Policy

Last updated on December 1, 2014.

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    INFORMATION COLLECTION AND USAGE

You may be asked to provide your personal information when you use one of our Services. In those instances, we may collect the following types of information:

  • Identification information, including but not limited to: name, street address, e-mail address(es), telephone and facsimile number(s), social security number (or other government issued verification numbers), and date of birth.

  • Information pertaining to your financial or credit account(s), including but not limited to: account numbers, account balances, account transactions, and parties to account transactions.

  • Information obtained when verifying your registration when using our Services, including but not limited to: username, password, and secret questions and secret answers for resetting passwords.

  • Information from your browser or mobile device, including but not limited to: Internet Protocol address, type of mobile device, mobile operating system, browser type, pages you visit and the information you request, and the date and time of your access.

  • E-mails or other communications sent to us by you.

 

CO-OP uses the above-listed information, only as permitted by law, for the following purposes:

  • To complete transactions and provide services authorized by you.

  • For general business purposes, including but not limited to, to provide you access to your account(s), to service your inquiries and requests, to authenticate you when you log in, to diagnose problems with the website or application, to send you information about your account, to notify you of new products or applications being released, to prevent fraud and unauthorized transactions, to verify your identity, to determine and confirm your transaction limits, to perform collections, to comply with laws and regulations, to protect the personal safety of subscribers or the public, to prevent and defend claims, to resolve disputes, to troubleshoot problems, to analyze our products and services, to enforce our terms of use for our Services, to protect our rights and property, and to customize, measure, and improve our Services.

 

  1. INFORMATION SHARING AND DISCLOSURE

 

We may share your information in the following limited circumstances:

 

  • When your consent is expressly provided.

  • With companies that assist us in administering and bringing you our Services. The information shared with these companies typically includes information to process transactions on your behalf, conduct our operations, follow your instructions as you authorize, or protect the security of our financial records. These companies may include credit, product development, and data processing vendors; however, these companies do not use your personal information for any secondary purposes. These companies have also entered into written agreements with CO-OP which include confidentiality provisions to protect your information.

  • With other financial institutions, such as member credit unions, with which we have written agreements that include confidentiality provisions to protect your information.The information shared with these financial institutions typically includes information to verify accounts, confirm transactions, and to coordinate and improve the Services provided to you.

 

There are other situations when we may disclose to third parties your personally identifiable information, when permitted or required by law, such as in response to legal process or to government entities, or when you have requested us to share information about you with a third party.

  1. HOW WE PROTECT YOUR PERSONAL INFORMATION

 

We take appropriate measures to ensure that your information is not compromised. Access to personal information is restricted to employees and the above-referenced third parties on a need-to-know basis who have a specific business purpose to access your data. Our employees who are granted access to your information are bound by strict confidentiality obligations and may be subject to discipline for breaching these obligations. Third parties are bound by a confidentiality provision in their agreements with us, which prevents these third parties from making your information available for any reason other than that which was intended. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your personal information.  We will continue to test and update our technology to make improvements as necessary in protecting your personal information.

 

This site has security measures in place to protect against the loss, misuse, or alteration of your information under our control. We use state-of-the-art SSL encryption technology to ensure that your data is secure during transmission to and from us.

  1. FORMER CUSTOMERS

 

If you are no longer using our Services, we may continue to store and protect your personal information pursuant to this privacy policy, and as required by law, including but not limited to the following purposes: risk management, regulatory compliance, and audits.

 

  1. E-MAIL SECURITY

If you received an e-mail from us, (a) your e-mail address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered, have an existing relationship with us, or are using our Services. We respect your time and attention by controlling the frequency of our e-mails.

Each e-mail sent contains an easy, automated way for you to cease receiving e-mails from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any e-mail.

If you have received unwanted, unsolicited e-mail via this system, or purporting to be sent via this system, please forward a copy of that e-mail with your comments or concerns to unsubscribe@co-opfs.org for review.

  1. COOKIES AND SIMILAR TECHNOLOGIES

 

Cookies are electronic markers that are stored directly on the computer you are using to indicate activity or access to a specific website or pages contained on a website.  When you return to our website, your browser will give that information back to our server. We use cookies to maintain the state of your session on our website and to store your computer’s configuration data.  This cookie data is tied to your personally identifiable information to enable our Services.  If you disable cookies on the computer you are using, you will not be able to use our Services.  We do not encode your personally identifiable information in our cookies.  Some of our business affiliates use cookies on their sites. We have no access to or control over these cookies.

  1. WEB BROWSER DO NOT TRACK SIGNALS

 

We do not respond to web browser “do not track” signals because we do not allow third parties to collect personally identifiable information of visitors to our website to track their online activities.

 

  1. MODIFYING YOUR PERSONAL INFORMATION

 

You may access and modify your personal information at any time by logging into your account via our website and clicking the Account Settings tab, or by using one of our mobile applications.

 

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Our Services are available through general audience websites, and we do not knowingly collect or use personal information from children under 13.

11.  PRIVACY POLICY CHANGES

CO-OP is always improving our Services. As our Services evolve, we may update or amend this privacy policy. If we modify this policy, we will post the revised privacy policy online. The revised policy will be effective immediately at the time of posting, unless a later effective date is expressly stated therein. We will also revise the “last updated date” stated above.

Should any modification materially change how we use your personal information, we will provide notice online prior to the effective date of the change.

It is your responsibility to periodically review this privacy policy. Users are bound by any changes to this privacy policy by using our Services after such changes have been first posted.

 

12. CONTACT INFORMATION

If you have any questions regarding this privacy policy, you may contact us via the information provided below:

CO-OP Financial Services

9692 Haven Avenue

Rancho Cucamonga, California 91730

800.782.9042

909.941.0979 Fax