METROcard Terms and Conditions
1. TERMS AND CONDITIONS
1.2 You may have other rights granted by law, and these Terms and Conditions do not affect such rights.
2. OUR DETAILS
2.1 We are San Diego Metropolitan Credit Union, a company registered in San Diego, California. Our registered office is at 9212 Balboa Ave, San Diego, CA 92123.
2.2 You can contact us by email at firstname.lastname@example.org or by telephone at 619-297-4835.
3. WHO CAN USE THE METROcard Service
3.1 To be eligible to register for the METROcard Service you must be over 18 years old and a resident in the United States. In addition, you must have the following:
3.1.1 A Visa debit or credit card with us;
3.1.2 A U.S. mobile telephone account (prepay or monthly contract) with a mobile carrier service provider.
3.1.3 A compatible mobile phone or browser. The following minimum requirements must be met by your device: A smart phone with the ability to support a downloadable application (e.g. iPhone and Android); A mobile device with internet browsing (mobile web) capability; Have at least 100MB of free memory; Be configured with the standard internet data connectivity settings for your network operator (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, which enables services such as internet browsing and email receipt and delivery from your mobile phone; Have free space available in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;
3.1.4 To receive SMS (Text) Alerts only from the METROcard Service, the minimum device requirements are less. All you need is to have free space in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;
3.1.5 A postal address within the U.S.
3.2 You can only register a participating Visa debit or credit card that you are lawfully entitled to use.
3.3 The METROcard Service can be used abroad in countries with compatible mobile networks, though charges may be higher. Fees associated with the transaction are the responsibility of the consumer unless otherwise disclosed by SDMCU. Please refer to the Schedule of Fees provided to you by SDMCU with regards to fees.
3.4 You are responsible for ensuring that your use of the software application does not cause you to breach any other agreement to which you are a party (e.g. with your mobile network operator).
4.1 Once you have entered your registration details, you will be asked to confirm that the information is correct. If the information is not correct, you can revisit your registration and correct any mistakes before confirming and submitting your registration to us. It is your responsibility to ensure that your registration is correct before submitting it to us. If you have any problems with your registration, please contact our support line at 619-297-4835.
4.2 When you submit your registration, you are requesting to subscribe to the METROcard Service. We may reject your registration if you are not one of our customers or otherwise fail to satisfy any of the criteria listed above. If we accept your registration, we will then send you a text message, which will allow you to download a mobile software application to your mobile phone. Use of the software application is subject to the terms and conditions of the software license in these Terms and Conditions. By downloading the software application, you accept the terms of the software license. You should review the software license prior to accepting the terms.
4.3 When we receive your Visa debit or credit card account information, we will automatically verify that the information entered is correct, and that the card account belongs to you. Once these details are verified, your card will be activated for the METROcard Service.
4.4 When you first use the service on your mobile phone, you will also be asked to choose a security passcode that you will need to enter each time you wish to use the METROcard Service. You must keep this passcode safe and not write it down or disclose it to anyone.
4.5 Please refer to credit card documentation for information on your liability for unauthorized activity to your account.
5. THE METROcard Service
5.1 The METROcard Service provided by SDMCU is a service that gives you access to account information. Please note that we may add new services from time to time.
5.2 The complete range of services offered as part of our METROcard Service may include:
5.2.1 Balance inquiries;
5.2.2 Mini statements (transaction history);
5.2.3 Transfers between accounts associated with your registered card (e.g. Checking and Savings);
5.2.4 SMS (text), Push (application), and Email alerts
5.3 The METROcard Service is normally available 24 hours a day, 7 days a week, and 365 days a year apart from planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network, or where you are not in an area of mobile coverage.
5.4 Further you acknowledge that we may withdraw all or part of the METROcard Service without notice.
Limitations: The METROcard Service is not available on PC, Windows or Windows Phone.
6.1 You authorize SDMCU and anyone acting on our behalf to accept and act on your instructions and (where relevant) to pay into and from your account(s) the amounts involved when a transaction has been authenticated by the use of the security procedure which is set out below. You acknowledge and agree that your authority may be on an account that could otherwise only be operated by two or more persons.
6.2 You agree that if you have a joint account we will act on the instructions of either you or the other account holder(s), but you are each responsible for all transactions carried out and for the repayment of any resultant borrowing which arises on your account.
7. SECURITY PROCEDURE
7.1 You must keep your security details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them.
7.2 You must not disclose your security details to any other person or record your security details in any way that may result in them becoming known to another person.
7.3 Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine), then it is likely to be fraudulent and you must not supply your security details to them under any circumstances. Additionally, you should report any such requests to us immediately.
7.4 If you suspect that anyone knows your security details, you must contact us immediately. If you fail to do so, you will be liable for any unauthorized transactions on your account confirmed by use of your security details.
7.5 You will be responsible for all instructions received from us between the time you pass the security procedure until the time you exit from the METROcard Service. Please note that this includes any input errors or instructions sent by someone other than yourself, so please do not leave your mobile phone unattended while you are still logged onto the METROcard Service.
7.6 You acknowledge that you are responsible for all transactions carried out using the METROcard Service on your mobile phone, which may include but not be limited to the payment of fees or other charges.
8.1 There may a charge for the METROcard Service and you should refer to the cardholder regulations or agreement for details. There may be other taxes and fees related to the METROcard Service that are charged by your mobile phone operator and you should contact your mobile operator for details of their charges (if any) for the METROcard Service. All charges include any applicable sales taxes.
8.2 You agree to pay for the METROcard Service in accordance with the charges outlined in the cardholder regulations or agreement and agree that current charges may be amended from time to time. You authorize us to debit automatically the card account you have selected for use with the METROcard Service for all charges in connection with your use of the METROcard Service. In the future, we may add to or enhance the features of the METROcard Service. By using such added features or enhancements, you agree to pay for them in accordance with the charges outlined in the cardholder regulations or agreement.
9. ADDING EXTRA CARDS
9.1 You may add another card and additional features to the service from within the software application at anytime by following the simple steps in the application software. We will automatically verify each new card request before activating the card for the METROcard Service.
10.1 These Terms and Conditions do not exclude our liability (if any) to you for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
10.2 We are not liable for any losses you suffer arising from fraudulent use of your card where this results from you not keeping your security details as recommended by us.
10.3 If your mobile phone is lost or stolen, you must tell us (by contacting SDMCU at 619-297-4835) as soon as is reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile phone provider of the loss or theft of your mobile phone. Until you tell us that any of these things have happened we will continue to provide the METROcard Service to your mobile phone and we will not be liable if your account information becomes known to someone else as a result.
10.4 We are not liable for any error by you in entering any details when you use the METROcard Service (e.g. if you key in the wrong mobile number).
10.5 If we believe that you or someone else is using or has obtained, or may use or obtain the METROcard Service illegally, fraudulently or improperly, then we may cancel or suspend your use of the METROcard Service without notice.
10.6 We will not be liable to you if the METROcard Service is not available to you due to any planned downtime, circumstances beyond our reasonable control, or outages on any mobile phone network or where you are not in an area of mobile coverage.
10.7 The METROcard application is provided "as is" with no representation, guarantee, or warranty of any kind as to its functionality. We cannot guarantee that the application will be compatible with every type of mobile phone.
10.8 SDMCU, VISA INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF [CLIENT BRAND NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SDMCU, VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
10.9 IN NO EVENT WILL SDMCU BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE METROCARD SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11. YOUR RIGHT TO CANCEL
11.1 If you wish to deactivate your account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions and then delete the software application from your mobile phone.
11.2 It is your responsibility to delete the software application from your mobile phone if you change your mobile phone or dispose of it.
11.3 You agree that we will not be liable to you or any third party for any modification or discontinuance of the METROcard Service.
12. OTHER IMPORTANT INFORMATION
12.1 We have the right to change these Terms and Conditions at any time and you will be notified in writing by us with regards to the changes.
12.2 If we believe that any price increase or change to the Terms and Conditions is likely to cause you material disadvantage we will let you know as soon as possible prior to any change.
12.3 If you do not agree with any change to the Terms and Conditions, you are free to stop using the METROcard Service at any time. If you wish us to deactivate your account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions, and then delete the software application from your mobile phone.
12.4 We may not necessarily keep a copy of your order and these Terms and Conditions. Accordingly, we advise you to keep a record of your order and a copy of these Terms and Conditions for your information and reference.
12.5 The contract and all communications between us will be conducted in the English language.
12.6 Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions will be governed by the laws of the United States, whose courts shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions.
12.7 If you have any complaints about the METROcard service please write to us at SDMCU, P.O. Box 719099, San Diego, CA 92171-9099 or telephone 619-297-4835.
12.8 You acknowledge that there may be third parties who have rights under these Terms and Conditions (including, without limitation, our suppliers, the software application developer and the manufacturer of your mobile phone) and you acknowledge that, to the extent permitted by law, those third parties may exercise their rights under these Terms and Conditions even though they are not a party to them.
Business Days: For purposes of these Electronic Fund Transfers disclosures, our business days are Monday through Friday, excluding federal holidays.
Member Liability for Unauthorized Transfers: If you believe your password has been lost, stolen, discovered by an unauthorized person, or used without your permission call us immediately at 619-297-4835.
You may also reset your password by following the forgotten password prompt from the METROcard Service.
If you believe your password has been lost, stolen, discovered by an unauthorized person, or used without your permission, and you tell us within two (2) business days of your discovery, 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 loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows electronic transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
If you authorize someone else to use your 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.
We will disclose information to third parties about your accounts or the transfers you make only when one of the following conditions exist:
• When necessary to complete a transaction requested by you;
In order to verify the existence and status of your account(s), such as for a retail merchant or credit reporting agency;
• In order to comply with government agencies or court orders; or
• You give us written permission.
You will receive a monthly account statement, unless there are no transfers in a particular month. In any case, you will receive an account statement at least quarterly.
Call us at 619-297-4835 or write us at P.O. Box 719099, San Diego, CA 92171-9099 as soon as you can if you think your statement is wrong, or if you need more information about a transaction listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. To help you with your question, we will need the following information:
• Your name, account number, and transaction date in question;
• The error or the transfer you are unsure about, and why you believe there is an error or why you need more information; and
• The dollar amount of the suspect transaction.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (90 calendar days if the transfer involved a new account, a point-of-sale transaction, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have 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. An account is considered a new account for 30 days after the first deposit is made.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
You agree not to in any way that would (a) infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve gambling, involve the sale of counterfeit or stolen items or use the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation; (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or cause us to lose (in whole or in part) the services of any third party providers; (f) be defamatory, trade libelous, threatening or harassing (g) may potentially be perceived as obscene or pornographic or contain child pornography or racially, ethnically or otherwise objectionable; (h) interfere with or disrupt computer networks or infect the computer networks with viruses; (i) interfere with or disrupt the use of the Service by any other party; (j) use the Service in any manner to gain unauthorized entry or access into our computer systems; or (k) resell or make any commercial use of the Service.
You agree to indemnify, defend, and hold us and our employees harmless (by counsel of our choosing) from and against every claim, demand, action, cost, loss, liability, cause of action of third parties, and expenses (including without limitation attorneys’ fees) relating to our provision of or your use of any of the Service which we incur by (a) acting in accordance with this the Service Terms and Conditions Agreement or as a result of your failure to abide by its terms, (b) your breach of any representation or warranty herein, (c) the willful misconduct, fraud, criminal activity, intentional tort or negligence of you or any of your representatives involving use of the Service; (d) the actions, omissions or commissions of you, your employees, consultants and/or agents relating to the Service; and (e) any transmission or instruction, whether or not authorized, acted upon by us in good faith. This paragraph shall survive termination of this Agreement.
In the event of a dispute regarding the Service, you and us agree to resolve the dispute by looking to this Agreement. You agree that any dispute that arises under this Agreement must be filed and litigated in San Diego County, California.
This Agreement is entered into and will be performed in California and all questions relating to its validity, interpretation, performance, and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of the State of California.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by a Credit Union officer. No delay or omission on the part of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof. You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Except as otherwise expressly provided herein, we shall not be required to act upon any notice or instruction received from you or any other person, or to provide any notice or advice to you or any other person with respect to any matter.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. Accurate records enable SDMCU to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other third-party web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of the Service may be interrupted from time to time, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that SDMCU, in its sole discretion, may elect to take.
You agree that SDMCU is the owner of all feedback, suggestions or ideas and may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials. You grant SDMCU a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to SDMCU in any way. SDMCU will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Use of this Service may be available through your computer or access device, and telecommunications provider. You agree that you are solely responsible for any requirements, including any applicable changes, updates and fees or terms of your access device and telecommunications provider. SDMCU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
SDMCU cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. SDMCU cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as current as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant third-party sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SDMCU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SDMCU MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SDMCU MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER SDMCU NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SDMCU IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making, and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to SDMCU through the Service, you are licensing that content to SDMCU solely for the purpose of providing the Service. SDMCU may use and store the content, but only to provide the Service to you. By submitting this content to SDMCU, you represent that you are entitled to submit it to SDMCU for use for this purpose, without any obligation by SDMCU to pay any fees or other limitations. By using the Service, you expressly authorize SDMCU to access your Account Information maintained by identified third-parties, on your behalf as your agent. SDMCU will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit SDMCU to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant SDMCU a limited power of attorney, and appoint SDMCU as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to SDMCU or its software or content suppliers. SDMCU grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without SDMCU’s express written consent, which may be withheld in SDMCU’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
SDMCU AND ITS LICENSOR(S) SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SDMCU AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SDMCU’S LIABILITY TO YOU, AND ITS LICENSOR’S LIABILITY TO YOU, FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Use of the Service is secure and requires log in authentication. The Service may not be available at any time for any reason outside of the reasonable control of us or any service provider.
You are responsible for understanding the operation and maintenance of your equipment. We not responsible for any errors or failures related to your equipment or for the cost of upgrading your equipment in order to utilize the Service.
We will not be liable for any losses or damages arising from any disclosure of account information to third parties, non‐delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Service, or for the timeliness, deletion, or failure to store any user data, communications or personalization settings.
It is your responsibility to ensure that your equipment is protected against and free from viruses, worms, Trojan horses, and any other harmful components which could result in damage to programs, files, phones, or interception of information by a third party.
The Service is provided for your convenience. Acknowledgements of receipt do not replace your account statements, which are the official record of your accounts.
You are, and shall remain, solely and exclusively responsible for any and all financial risks. We shall not be liable in any manner for such risk unless we fail to follow the procedures described in materials for use of the Service. You assume exclusive responsibility for the consequences of any instructions you may give to us, for your failure to access the Service properly in a manner prescribed by us, and for your failure to supply accurate input information.
Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the Services. These difficulties may result in loss of data, personalization settings, or other interruptions. Therefore, we shall not be responsible for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Services. Further, we shall not be responsible for the operation, security, functionality, or availability of any wireless device or mobile network, which you utilize to access the Services.
You agree to exercise caution when utilizing the Services on your personal computer or wireless device and to use good judgment and discretion when obtaining or transmitting information.
SDMCU may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the SDMCU site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. We reserve the right to determine your eligibility for Service. We reserve the right to change the qualification requirements at any time without prior notice. We reserve the right to change, suspend, or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
This Agreement, and your relationship with SDMCU under this Agreement, shall be governed by the laws of the State of California without regard to its conflict.
You shall notify us of any errors, omissions, or interruptions in, or delay or unavailability of the Service or a breach of security procedures as promptly as practicable, and in any event within one business day after the earliest of discovery thereof.
You will verify and reconcile any out-of-balance condition, and promptly notify us of any errors (exclusive of weekends and applicable holidays) within 60 days after receipt of your statement from us. If notified within such period, we shall correct and resubmit all erroneous files, reports, and other data at our then standard charges, or at no charge, if the erroneous report or other data directly resulted from our error.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. If SDMCU does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SDMCU has the benefit of under any applicable law), this will not be taken to be a formal waiver of SDMCU’s rights and that those rights or remedies will still be available to SDMCU. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and SDMCU regarding the subject matter of the same, and supersedes all other previous agreements.
By using this Service you grant SDMCU or our agents your prior express consent to have SDMCU or its agents place any telephone calls (or to send emails and/or text messages) to you regarding any accounts you now or later maintain with SDMCU at any telephone number you have provided to us or otherwise provided by you to the SDMCU or our agents. Furthermore, you agree that if you provide SDMCU or our agents with any telephone number in the future (whether residential line or cellular device of any kind), the act of providing such that telephone number shall constitute my prior express consent to be contacted at that telephone number, even if the contact results in a charge to you. In placing those calls, we may use any available technology, including, but not limited to, automatic telephone dialing systems and/or artificial or prerecorded voice equipment.”