The following provisions constitute an amendment to the agreements and disclosures contained in the Truth In Savings Agreement (referred to as “TIS Agreement”) entitled “Important Account Information for Our Members” of Bay Cities Credit Union (hereinafter referred to as “we”, “our”, “us”, BCCU, and “Credit Union”) concerning electronic delivery of statements and informational notices concerning your accounts (collectively, the “e-Services”), including time deposits, maintained by any individual, corporation, partnership, association, or other legal entity (herein referred to as “you”,  “your,” and “yours”).  To the extent there is any conflict between any statement made in this Supplemental Agreement (the “Agreement”) and the TIS, this Agreement shall prevail.

1. CONSENT TO RECEIVE ACCOUNT STATEMENTS AND NOTICES ELECTRONICALLY

By clicking “Subscribe” below and entering your PIN, you agree to the terms and conditions of this Agreement and consent (initially and on an ongoing basis) to receive in electronic format (a) your account statements (“e-Statements”) and (b) the informational notices (“e-Services Alerts”) that we are required to provide to you under applicable Federal and State statutes and their implementing regulations, as amended from time to time.

If e-Statement delivery is selected, all paper statements associated with your accounts will no longer be mailed via U.S. postal service.  However, you may still obtain a paper copy of your account statement(s) by contacting the Credit Union.  You understand that if you request paper copies, they will be provided to you at the prevailing cost per statement.  You may also view and print statements directly from Home Banking and download them to your computer at no cost.

2. SECURITY MEASURES

We will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in your e-Statements and e-Services Alerts.  Upon your election of e-Services, we will “pre-note” your email address by sending you an email. To protect you account information your e-Statements will never be sent to you over the internet.  Other security consists of 128-bit encryption of the data for e-Services.

You understand that these industry standards are dynamic and constantly developing. By accepting the enrollment agreement for e-Services, you acknowledge and understand that there are risks to electronic delivery of e-Services, including, but not limited to, delay or failure of availability due to technical difficulties, weather conditions (including but not limited to sun spots), matters beyond our reasonable control or interception, and/or alteration of your e-Services Alerts by third parties in spite of the Credit Union’s commercially reasonable security measures.  By accepting the enrollment Agreement for e-Services, you represent that you have considered our security measures and find that our security measures are commercially reasonable.  In reaching this conclusion, you have considered the historical and potential future content of your e-Services, the risks associated with electronic delivery of your e-Services Alerts, and our security procedures.  If you conclude that our security procedures cease to be commercially reasonable in the future, you must terminate this agreement immediately in accordance with paragraph 7 below.

3. YOUR COMPUTER’S SPECIFICATIONS  

In order to receive the services addressed herein, your computer hardware, software and your Internet Service Provider (“ISP”) must meet the following specifications:

Windows

• Intel Pentium or AMD x86 Series Processor
• Microsoft Windows 95, 98, ME, NT 4.0, 2000, XP, or Vista
• 128 MB RAM
• 200 MB Free Disk Space
• Adobe Acrobat Reader 5.0 or higher
• ISP allows for e-mail attachments up to 500 KB

Macintosh

• PowerPC or Intel Processor
• Mac OS 9.0 or higher
• 128 MB RAM
• 200 MB Free Disk Space
• Adobe Acrobat Reader 5.0 or higher
• ISP allows for e-mail attachments up to 500 KB

Pop-up blocking software installed on your computer may prevent your e-Statement from displaying.  Refer to your computer help files on how to disable your pop-up blocker or allow pop-ups for a specific website.  In addition, several ISP’s use spam blocking technology, therefore, we suggest adding eservices@baycities.org  to your address book to ensure delivery of the e-Statement and e-Services Alerts.

You understand that it is your responsibility to maintain proper equipment/software that will enable you to view, print, and save these statements or notices for your records.

4. EMAIL ADDRESS

We will send your e-Services Alerts to you via email to the last known email address provided and verified by you in e-Services (as per the requirements of the set-up process).

How to Update Your Email Address: You agree to provide a valid email address and it is your responsibility to update your email address in the e-Services system.  You will receive a new activation email to the new email address.  Or you may activate the email address at a later time by clicking on the Activate Later button; however, if you elect to activate the new address at a later time, you will not receive any e-Services Alerts to the new address until the address is activated.  If we become aware that you are not receiving your e-Services Alerts, we will begin sending your Statement(s) and other required notices to you via US Mail to your last know address. THE CREDIT UNION SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A MULTIPLE-PARTY ACCOUNT IF THE EMAIL ADDRESS IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.

5. PROMPT REVIEW OF e-STATEMENTS

Your e-Services Alerts will be dated the day the information is sent to you via email (the “Email Date”). You must promptly review your e-Statement, e-Services Alerts and any accompanying items and immediately notify us in writing or via telephone (within the applicable time periods specified in the Account Disclosure or applicable State or Federal law) of any error, alteration or other irregularity.  If you allow someone other than yourself to review your e-Statements, you are still responsible for reviewing the e-Statement for any errors, alterations, or other irregularities as you are responsible for the wrongful acts of your agents, and any other such third persons.  Any applicable time periods within which you must notify us of any errors on your account e-Statement(s), e-Services Alerts or any other information which is provided to you electronically shall begin on the email date regardless of when you receive and/or open the e-Statement or e-Services Alerts.

6. DISCLAIMER OF WARRANTY, UNAUTHORIZED ACCESS AND LIABILITY INDEMNIFICATION

We make no warranties of any kind, whether express or implied, with respect to the use and adequacy of the software program or the e-Services we provide under this Agreement.  We disclaim any and all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

If you believe that someone has obtained access to your e-Services without your permission, contact the Credit Union immediately.

Notwithstanding any provision to the contrary contained in this Agreement, we shall be responsible only for performing the e-Services as expressly provided for in this Agreement.  WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OR LOSS UNDER ANY CIRCUMSTANCES. Except to the extent that we are liable under this Agreement, you agree to indemnify and hold us and our directors, officers, employees, and agents harmless from all claims, demands, judgments, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with the performance of these e-Services. You agree that this indemnification shall survive the termination of this Agreement.

7. TERMINATION/AMENDMENT

This Agreement shall remain in full force and effect until it is terminated by either party upon thirty (30) days’ prior written notice to the other party.  We also have the right to terminate this Agreement immediately, with or without cause, or if you fail to comply with the terms of this Agreement or any other agreement which you may have with us or any applicable rule or regulation which may govern your account(s).  If we terminate this Agreement for any of these reasons, we will begin sending your Statement(s) and other required notices to you via US Mail to your last know address.

8. GOVERNING LAW/JURISDICTION/SEVERABILITY

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California and any applicable Federal laws and regulations. You irrevocably submit to the jurisdiction of any Federal or State Court sitting in the State of California for any action that you bring and agree that, in any action brought under this Agreement, venue shall be placed in Alameda County.  A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.

Please print and retain a copy of this Agreement.

Please note that in order to use e-Services; you must ACCEPT the foregoing terms and conditions of the e-Services User Agreement in its entirety.