Palmetto Citizens eStatement & e-Lert License Agreement
The eStatement and e-LERT Web Site (the "Service") is an online eStatement viewing product and promotional and notification email service provided by the Credit Union and its Licensor, DigitalMailer, Inc. ("The Credit Union").
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. The Credit Union may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.
Password and Security. After the initial login, the Service will be accessible through a password chosen by you. You agree not to give or make available your password to any unauthorized individuals. If you believe that your password has been lost or stolen or that someone may attempt to use your password without your consent, you must notify The Credit Union at once.
You must not restrict or inhibit any other user from using the Service. You may not use the Service to send any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, threatening, offensive, or otherwise objectionable information of any kind. You may not use the Service to conduct any illegal activity or solicit the performance of any illegal activity, including without limitation the U.S. export control laws and regulations.
Charges. As a customer of the Service, you will not be charged by The Credit Union for receiving an eStatement or e-LERT electronically. As part of the Service, The Credit Union will provide a history of prior month’s statements for you to review and print as needed (see The Credit Union’s web site for the number of months that will be made available as part of the Service). There may be a charge for additional transactions, including a request for a paper copy of your statement from The Credit Union, and other optional services.
Exclusion of Warranties: The Credit Union IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. The Credit Union DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: IN NO EVENT SHALL The Credit Union OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF The Credit Union OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON The Credit Union, ITS LICENSORS OR SUPPLIERS, The Credit Union AND ITS LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
THE FOREGOING SHALL CONSTITUTE The Credit Union's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.
Assignment. You may not assign this Agreement to any other party. The Credit Union may assign this Agreement to any future, directly or indirectly, affiliated company. The Credit Union may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
General. This Agreement is governed and shall be construed in accordance with the laws of the State of South Carolina, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between The Credit Union and you concerning the Service and may only be amended in a writing signed by both parties. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
Additional eStatement Disclosures. The statements below pertain to open-end accounts only.
Your Billing Rights. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify us in case of errors or questions about your statement. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us at PO Box 5846, Columbia, SC 29250 or email us. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your written notice, please provide the following information:
- Your name and account number.
- The dollar amount of the suspected error.
- Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
Your rights and our responsibilities after we receive your written notice. We must acknowledge your written notice within 30 days, unless we have corrected it by then. Within 90 days, we must either correct the error or explain why we believe the statement is correct.
After we receive your notice, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due.
If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us withing ten days telling us you still refuse to pay, we must tell anyone we report to that you have a question about your statement. We must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your statement was correct.
In case of errors or questions about your electronic transfers. Write us at PO Box 5846, Columbia, SC 29250, email us, or call (803) 732-5000 as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. In your written notice, please provide the following information:
- Your name and account number.
- The dollar amount of the suspected error.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information.
We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will recredit your account for the amount you think is in error so that you will have the use of the moeny during the time it takes us to complete our investigation.