Terms of Use

This website was created by CommunityAmerica Credit Union (“CACU”) and is licensed by CACU’s subsidiary CommunityAmerica Financial Solutions (“CAFS”).  It is composed of various web pages operated by CACU. The “Website” shall be defined herein to include only those webpages provided by CACU and CAFS to a client of CAFS for use as part of the client’s member-facing online banking system.

CACU and CAFS (“we”, “us”, “our”) requires all users (“you”, “your”) adhere to the following Terms of Use. These Terms of Use contain important information about the use of this Website, please read carefully. By using the Website, you acknowledge that you have read, understand, and accept the terms set forth in this Terms of Use agreement. We reserve the right to change these Terms of Use at any time, and you agree that each visit you make to the Website shall be subject to the then-current Terms of Use.

Privacy. For additional information about how we collect, share, and protect your personal information, please review our Privacy Policy.

Use of Internet cookies. We reserve the right to use small text files called cookies to collect anonymous web site traffic data. This information helps improve our web services. Our cookies do not collect or store any personally identifiable information.

Access. You are responsible for keeping your password and online account information confidential. We are not responsible for the use or misuse of your data by individuals you grant account access to. You hereby acknowledge and agree to indemnify, defend, and hold harmless CAFS and CACU and their employees and affiliates against any claim, cause of action, loss, liability, damages, cost, or expense of any nature whatsoever (including attorney fees) arising out of or relating to the use or misuse of Website by any users or individual(s) you have granted online account access.

Links to Third-Party Sites.  The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CACU and CAFS and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CACU and CAFS are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CACU and CAFS of the site or any association with its operators.

No Fiduciary Relationship.  Nothing on the Website by itself is intended to provide personal, professional, financial, tax, business, or legal advice. No fiduciary relationship is created by your use of the Website alone.

Unauthorized Use.  As a condition of your use of the Website, you warrant to CACU and CAFS that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Availability. You understand and agree that Website is a service provided for your convenience only and access may be denied, suspended, or terminated at any time by us in our sole discretion and without notice.

Intellectual Property.  We grant you the limited right to view content posted to the Website and use the Website subject to these Terms of Use. You do not acquire any right, title, or interest in or to the trademarks or any other intellectual property of CAFS or CACU by using this web application. Visitors of this web site are prohibited from copying, distributing, displaying, publishing, selling, transmitting, licensing creative derivative works, or using any of the content on or through Website for commercial or other unlawful purposes. In return for granting you access to Website, you agree that we may use any feedback, suggestions, or ideas you provide in any way, including in future modifications of Website, other products or services, advertising or marketing materials.

Information Transmitted by Users. You are responsible for anything you transmit outside of the Website. You understand that all information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. You acknowledge that transmitting  any data by text or email that you consider to be confidential or proprietary is done so at your own risk.

Indemnity. You agree to indemnify, defend, and hold harmless CAFS and CACU and each of their subsidiaries, affiliates and respective employees, directors, officers, and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from your breach of these Terms of Use or arising out of your use or conduct on the Website.

No Warranty. THE MATERIALS AND FUNCTIONALITY OF THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAFS AND CACU DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, COMPLETENESS, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CAFS OR CACU BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.

Limitation of Liability. CAFS AND CACU WILL NOT BE LIABLE FOR ANY DAMAGES IF THE WEBSITE IS UNAVAILABLE FOR ANY REASON, OR IF YOUR COMPUTER OR ANY PROGRAM YOU USE IS INFECTED BY A VIRUS OR OTHER MALICIOUS PROGRAM. IN NO EVENT WILL EITHER CAFS OR CACU BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF USE, LOST DATA, OR LOST PROFITS ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THE COPYING, DISPLAY, OR USE OF INFORMATION ACCESSED THROUGH THE WEBSITE, WHETHER OR NOT THEY WERE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB APPLICATION OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

 

General Legal Terms

These Terms of Use constitute the whole legal agreement between you and CACU and CAFS and govern your use of the Website (but excluding any services which CACU and CAFS may provide to you under a separate written agreement), and completely replace any prior agreements between you and CACU and CAFS in relation to the Services.

You acknowledge and agree that the form and nature of the Website, which CACU and CAFS provides, may change from time to time with or without prior notice to you.

If any term or provision of this Agreement is determined to be illegal or invalid, or if any duty required by this Agreement is determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent necessary to make such provision of this Agreement legal, valid, or otherwise enforceable, such term or provision will be limited, construed or severed and deleted from this Agreement, and the remaining portion of such term or provision and the remaining other terms and provisions hereof shall survive, remain in full force and effect and continue to be binding, and will be interpreted to give effect to the intention of the parties insofar as that is possible.

You agree that if CACU and CAFS do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which CACU and CAFS have the benefit of under any applicable law), this will not be taken to be a formal waiver of their rights and that those rights or remedies will still be available to them.

If any disagreement or dispute arises regarding these Terms of Use or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or CACU and CAFS (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the state of Missouri and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the state of Missouri. The arbitration requirement does not apply to requests for injunctive relief.

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

These Terms of Use and your relationship with CACU and CAFS under the Terms, shall be governed by the laws of the state of Missouri, USA, without regard to conflict of laws provisions. You, CACU, and CAFS agree to submit to the exclusive jurisdiction of the courts located within the Jackson County, Missouri to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CACU and CAFS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

We reserve the right to change or make updates to Website including these Terms of Use at any time. Changes will be effective as of the time the revised content is posted online. We are not required to notify you of changes to these Terms of Use before they become effective.

These Terms are effective as of June 1, 2020.