Denver Community Credit Union eBanking Agreement & Disclosure

I. Introduction

This Disclosure and Agreement for accessing your Denver Community Credit Union accounts via eBanking is provided for your information. Please read it carefully as it pertains to your accounts and electronic services and it represents our mutual agreement with respect to transactions on Denver Community Credit Union’s eBanking. You should print out and keep this disclosure statement for future reference. For the purpose of this Agreement, the terms "we," "us," "our," "Denver Community Credit Union," and "credit union" refer to Denver Community Credit Union. "You" and "your" refers to Members and account owners who have received a password.

Entering your password when you sign in to Denver Community Credit Union’s eBanking confirms your agreement that you have read, understand and agree to abide by the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure connected with eBanking service. You agree to be bound by future changes in terms, which will be provided electronically. Additionally, you agree to be bound by future changes in terms relating to fees and consumer liability. You agree to review the disclosures that are provided each time you access Denver Community Credit Union’s eBanking.

Furthermore, you agree that your use of eBanking and your obligations under this Agreement means that you are consenting to the electronic delivery to you by Denver Community Credit Union of all disclosures, notices, receipts, statements, and other information required by law.  In making this election, you retain the right to notify Denver Community Credit Union of your decision to rescind this election and to begin receiving disclosures, notices, receipts, statements, in paper form. If you choose to rescind this election, you agree to provide us notification no less than five (5) business days prior to the date that the periodic statement would normally be made available to you.  Further, you agree that you will provide this notification by e-mail as provided herein or by calling Denver Community Credit Union at (303) 573-1170 or (877) 293-6328. Withdrawal of this consent may result in a change of terms to your checking account with Denver Community Credit Union.  Please contact Denver Community Credit Union at the above telephone number to identify how this electronic statement election may affect your account.  If, during the period of time that you have elected to receive statements electronically, and you wish to receive a paper copy of any individual statement, you may do so by contacting Denver Community Credit Union via e-mail or telephone as provided herein. You agree to pay the fee according to Denver Community Credit Union's fee schedule for a statement printout.

We may change terms or amend this Agreement from time to time without notice or as otherwise provided by law. eBanking services can be used to access certain Denver Community Credit Union accounts. Each of your accounts at Denver Community Credit Union is also governed by the applicable disclosure statement (your Membership and Account Agreement, prior receipts of which you acknowledge).

This Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent that there is no applicable federal law or regulation, by the laws of the State of Colorado. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the credit union is located.

II. Keeping Your Account Confidential

A. Password
For your protection, we recommend that you frequently change your password used to access eBanking and Voice Banking. You agree to hold your password in strict confidence and you will notify us immediately if it is lost or stolen. As a precaution, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and account information confidential.

B. Personal Information Protection
In addition to protecting your password and account information, you should also protect your personal identification information, such as your driver’s license, social security number, etc. This information, alone or together with information on your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.

C. Examine Your Statement
You must promptly review your statement upon receipt.  Please review your Membership & Account Agreement for full details.

III. How to Contact Us

Contact Denver Community Credit Union in event of unauthorized transfer. If you believe your password has been lost or stolen or unauthorized access occurred on your account, or that someone has transferred or may transfer money from your account by accessing your account without your permission, or if for any reason you wish to contact us about your account, call or write us as follows:

A. Business Days
Our lobby is open for business Monday 9:00am-6:00pm, Tuesday through Friday 9:00am-5:00pm, and Saturday 9:00am-1:00pm. Our downtown drive through facility located at 1028 Acoma Street in Denver is open Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m. You can contact us by visiting our Downtown Office located at 1075 Acoma Street in Denver during normal business hours or by telephoning (303) 573-1170 or 1-(877) 293-6328. Our Call Center Representatives are available 8:00 a.m. to 6:00 p.m. MST Monday through Friday, excluding holidays, and Saturday from 9:00am-1:00pm.  Calling us is the best way to report any problems or to get questions answered. If you cannot call us or come in person, you can write to us at: Denver Community CU, 1075 Acoma Street, Denver, CO 80204-4092.

B. e-Mail
Sending e-mail through our "Contact Us" on Denver Community Credit Union’s web site is one way to communicate with us.  We have provided a contact form on our website for you to ask questions or give comments regarding our website or eBanking service.  Please note that e-mail is not initiated from a secure session. To ensure the security of your account information, you cannot use e-mail to initiate transactions on your account(s). In addition, we recommend that you contact us by telephone to report any problems or ask questions about your account. Contacting us by e-mail does not protect your rights for unauthorized access.  However, with eBanking, there is a secure messaging system once you are signed into eBanking.  Use this as you would like, but contacting us by secure e-mail does not protect your rights for unauthorized access. 

IV. eBanking Disclosure

A. Account Access
Denver Community Credit Union’s eBanking is an Internet account access service. You may access your account(s) by computer using your account number, password, and direct connection to the Internet. By using eBanking, you can: make inquiries, check account balances, transfer funds between your accounts, access your current or past monthly statements, and download account history into personal financial management software.

Services available may be added or canceled at any time. We shall update this Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

You can use eBanking seven days a week, 24 hours a day. However, from time to time, some or all of eBanking services may not be available due to normal system maintenance.

B. Transfer Terms and Limitations
In compliance with Federal Regulation D, Denver Community Credit Union is required to limit transfers from share savings, money market, club accounts, and all other non-transactional accounts to no more than six (6) transfers per calendar month, if they are to another of your Denver Community Credit Union accounts or a third party by means of a preauthorized, automatic, share draft, telephonic (Voice Banking or oral) or Internet instruction.

C. Disclosure of Information to Third Parties
We will not disclose information to third parties about your account or the transactions you make, unless:

(1) Where it is necessary for completing transfers.

(2) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.

(3) In order to comply with a government agency or court orders.

(4) If you give us written permission.

D. Consumer Liability
By accessing Denver Community Credit Union’s eBanking, you agree that it is your responsibility to safeguard your password, in order to prevent unauthorized transactions and/or account access. You assume all responsibility for any losses that occur on your account due to negligence i.e. failing to protect your password from unauthorized use. You also agree that Denver Community Credit Union may revoke Internet account access if unauthorized account access and/or transactions occur as the apparent result of your negligence in safeguarding the password, for any violation of the terms of use, for use of the system for illegal activities or for any other use of the system that, in the opinion of Denver Community Credit Union, presents an unreasonable risk of damage or loss to Denver Community Credit Union, its members or third parties.

Notify Denver Community Credit Union immediately if you believe your password has been lost or stolen, or your account has been accessed without your authorization. The best way to minimize your possible loss is to telephone, though you may advise us in person or in writing. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of unauthorized access, you can lose no more than $50 if someone used your password without your permission.

If you do not tell us within two (2) business days after you learn of the unauthorized access, and we can prove we could have stopped someone from using your account without your permission if you had told us during that two (2) business day period, you could lose as much as $500.

If your statement shows any electronic fund transfer that you did not make or authorize, advise Denver Community Credit Union immediately of the unauthorized access. If you do not tell us within sixty (60) days after the first statement that reflected the unauthorized transfer was transmitted to you, you may not get back any money you lost after the sixty (60) days, provided we can prove that we could have stopped someone from taking the money if you had told us within that sixty (60) day period.

Denver Community Credit Union in its sole discretion may determine to extend the above time periods for good cause shown.

E. Our Liability for Failure to Complete Transfers
If Denver Community Credit Union does not complete a transfer to or from your account on time or in the correct amount according to this disclosure statement with you, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. However, there are some exceptions. We will NOT be liable, if:

(1) Through no fault of ours, you do not have enough money in your account to make the transfer.

(2) You have an overdraft protection line of credit and the transfer would go over the credit limit.

(3) The terminal or computer was malfunctioning in a manner which you knew, or reasonably should have known, would adversely affect the completion of your transaction.

(4) Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

F. In Case of Errors or Questions About Your Electronic Transfers
Call or write us at: Denver Community Credit Union, 1075 Acoma Street, Denver, Colorado 80204, (303) 573-1170 or toll free 1 (877) 293-6328, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.

(1) Tell us your name and account number (if any).

(2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

(3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

G. Lost or Stolen Card or (PIN) Personal Identification Number
If you believe your Visa® credit card, Visa® debit card, ATM card, or PIN code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, telephone us at once at 303-573-1170.

H. Miscellaneous Fees and Charges
Access to Denver Community Credit Union’s eBanking is free. Regular charges and fees do apply on certain transactions such as requesting copies of cleared checks, ordering checks, bill payment, etc. Denver Community Credit Union reserves the right to charge for Internet account access services. You will be given at least thirty (30) days advance notice before Denver Community Credit Union implements any charges or fees for any Internet account access related services.

I. Unlawful Internet Gambling Enforcement Act

In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, if you are a commercial member of Denver Community Credit Union, restricted transactions are prohibited from being processed through your account or relationship with our institution. Restricted transactions are transactions in which a person or business entity accepts credit, funds, instruments or other proceeds from another person or business entity in connection with unlawful Internet gambling.

By maintaining an account with Denver Community Credit Union, you certify that you do not engage in Internet gambling and you agree to notify us if your account is ever used for Internet gambling of any kind, even if you believe the activity to be legal. If you do not, we may terminate your access to EBanking, various payment methods, or close your account.

V. Other General Terms

Other Agreements — In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to your account with Denver Community Credit Union, as described in your Membership & Account Agreement, prior receipt of which you acknowledge.

Severability — In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

Right to Terminate Agreement - You may request termination of this service in writing. We may terminate your right to use eBanking or to make electronic fund transfers or cancel this agreement at any time.

Our Liability — Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Denver Community Credit Union, or by internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), OR by Internet access providers OR by online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, eBanking services, or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via eBanking, and may have referred to such communication as "secured," we cannot and do not provide any warranty or guarantee.

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