1
Digital Banking Agreement
E-Statements
-
Receiving
Account
Information
Electronically
We need your consent to utilize websites, secure messaging, downloads, and mobile devices to
provide you certain disclosures electronically.
Such electronic disclosures are referred to as "E-
Statements".
Clicking the "I Accept" button below gives us your consent to provide E-Statements.
If you currently receive your monthly or quarterly statements and other disclosures through the mail,
you will continue to do so until you enroll to receive E-Statements only.
To do this, go to the E-Statements Document Center menu when you have finished here and follow
the instructions.
Important information regarding E-Statements:
You must contact us with changes to your email address, authorized mobile number, and other
contact information. Sometimes we will have to call you or send you mail, so please continue to keep
all forms of contact info up to date.
Your consent applies to disclosures related to:
Your share accounts,
Your loans, and
Other business you conduct with us.
Here are some examples of the types of disclosures we will provide as "E-Statements":
The disclosure and Digital Banking Agreement you are reading right now,
Disclosures for special features of Digital Banking,
Statements,
Account documents,
Loan documents,
Tax
documents,
Changes in terms,
Periodic notices,
Random notices,
Certificate maturity notices,
Notices related to disputes under the Electronic Fund Transfer Act or Truth in Lending Act,
Any other disclosures we are required to provide, AND
Any other disclosures we provide.
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Digital Banking Agreement
E-Statements will generally be provided through Digital Banking, where they may be viewed,
downloaded, saved, or printed. E-Statements are effective once they are available to you, even if you
have not retrieved them, and even if you withdraw consent after they were provided.
A reminder of an E-Statement's availability will generally be provided by email or SMS text, but the
effectiveness of the E-Statement is not conditioned on your receipt or our sending of such reminder.
Occasionally, an E-Statement may be provided by posting a non-personal disclosure to our website at
https://www.OrionFCU.com, possibly in conjunction with a hyperlink or web address sent to you by
email or SMS text.
You may request a paper copy of any E-Statement by contacting us. A fee will apply.
You may contact us to withdraw your consent, but fees may apply.
For purposes of this section, an "Up-to-Date" product is one that, as of the date of use:
- Is currently supported by its manufacturer,
- Is the most recent release of the product, AND
- Is EITHER one of the two most widely used products used for the product's primary intended purpose in the
United States OR is a product with similar functionality, encryption, and other security features meeting or
exceeding those of such two products.
These are the hardware and software requirements for accessing and retaining your E-Statements:
-An Up-to-Date computer or mobile device with the following features:
-An Up-to-Date operating system,
A connection to the Internet, AND
EITHER an Up-to-Date web browser with Up-to-Date versions of all plug-ins recommended by the browser to
properly view each element of the site OR an Up-to-Date Orion mobile app,
-An email account, AND
-A printer, hard drive, or other storage device for downloading and retaining documents.
We will let you know if these materially change.
Click here to verify that you can view, print, and save PDF files. If you need a PDF reader, Adobe Reader can be
downloaded for free at http://www.adobe.com.
You should keep copies of all E-Statements provided to you.
To contact us:
Send a secure electronic message,
- Call 901-385-5200 or 800-532-9025, or
- Visit a branch.
Please allow a reasonable time for processing.
END OF E-SIGN ACT NOTICE
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Digital Banking Agreement
Scope and Acceptance
This agreement, including the above section titled "E-Statements - Receiving Account Information
Electronically," governs your usage of our Digital Banking service and all of the features contained therein.
There may be other agreements for specific services or functions that are provided elsewhere, which apply in
addition to this agreement. There may be other agreements for specific services or functions that are provided
elsewhere, which apply in addition to this agreement.
To accept the terms of this agreement, click the "I Accept" button below after reviewing the entire document
and linked documents.
Definitions
As used in this document, the following terms have the following meanings.
"Agreement" - this Digital Banking Agreement.
"Pay a Bill" - a Service that allows you to pay bills and send other payments without you having to write and mail a
check.
"Business Day" - weekdays that are neither Federal Reserve holidays nor days we are closed.
"eBill" - an electronic bill from a third party that you receive through our Digital Banking. "eBiller" - the third
party that delivers an eBill to you through our Digital Banking.
"E-Statements" - electronic disclosures, as fully described in the section above titled "E-Statements - Receiving
Account Information Electronically".
"Digital Banking" - any form of banking conducted by your direct utilization of the internet, including all Services,
whether through a web browser, a mobile app, or other means that are not currently listed here.
"Payee" - the recipient of a payment.
"Payment Date" has the meaning ascribed in the Pay a Bill section below. "Process Date" has the meaning
ascribed in the Pay a Bill section below.
"Send Money" - a Service that allows you to send money to individuals electronically, without having to share
account information with one another.
"Services" - the specific functions available through Digital Banking.
"Service Provider" - an independent contractor or other third party that provides a Service on our behalf.
"We" and other first-person plural pronouns refer to Orion Federal Credit Union and, where applicable, Service
Providers.
"You" and other second-person pronouns refer to authorized users who accept this Agreement and any other
persons using Digital Banking after an authorized user has shared an access device (see section titled "Password
and Other Access Device Responsibilities" for more information).
Basic Services
Basic services of Digital Banking include:
- Viewing balances and transaction history,
- Viewing E-Statements and other notices,
- Managing debit and credit cards,
- Paying bills through Pay a Bill and making other transactions, and
- Performing general account maintenance.
Features may be added, changed, or removed from time to time without notice.
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Digital Banking Agreement
We currently offer mobile apps for iOS and Android devices.
Commercial Services
Digital Banking offers unique services targeted at commercial users. If you believe your account qualifies you for
these services, please contact Orion Federal Credit Union.
To contact us:
- Send a secure electronic message,
- Call 901-385-5200 or 800-532-9025, or
- Visit a branch.
Please allow a reasonable time for processing.
For business accounts, you may only use Digital Banking if you have unlimited authority to transact on the
account, and you may NOT share your Digital Banking login credentials with anyone. Additional disclosures are
provided to you when you enroll in Orion Commercial Services for Digital Banking.
Electronic Signatures
You agree that when you login to the Services and submit any instruction, you intend to sign such instruction
electronically and to be legally bound by such.
Digital Security and Device Functioning
You are solely responsible for the security of the devices and internet services you utilize for accessing Digital
Banking. We are not responsible for errors, failures, malfunctions, virus infections, or similar problems of any
device or software used for accessing Digital Banking, with the exception of problems caused by us with the most
recent release of our mobile apps. We will never contact you asking you to provide your password, the six digit
Secure Access Code used during first login, your Passcode, or permission for us to gain remote access to your
device.
You agree to keep the following up-to-date prior to using Digital Banking in any instance, as applicable:
Your operating system for your device (for example, Windows, iOS, or Android),
Your web browser (for example, Chrome or Firefox), and y
our
mobile
apps.
You may NOT access Digital Banking through a
mobile device that has been ''jail broken" or otherwise
modified to disable or change security features.
Adequate Hardware and Software
You agree that you have access to adequate hardware and software as described in the section titled
"E-Statements - Receiving Account Information Electronically".
You agree to discontinue using Digital Banking and to notify us if you cease to have adequate hardware and
software.
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Digital Banking Agreement
Password and Other Access Device Responsibilities
Digital Banking utilizes multi-factor authentication when logging in, by ANY of the following:
"Standard Login", by passing tests for a username, password, and a third safeguard OR
"Biometric Login", by logging in with biometric authentication on certain devices. OR
"Passcode", by logging in with a numeric code on certain devices.
For security and your convenience, your username, password, and Passcode may be recovered through
automated processes. To protect your account, you must protect all of the channels for passing the multi-factor
authentication tests, outlined below.
Standard Login
Username:
A person may be able to pass the username test by EITHER:
- Having direct knowledge of your username OR
- Recovering your username by verifying personal information AND having access to your email account or mobile
device on file.
Password:
A person may be able to provide your password by EITHER:
- Having direct knowledge of your password OR
- Recovering your password by verifying personal information AND having access to your email account or mobile
device on file.
Third
Safeguard:
A person may be able to pass the third safeguard by doing ANY of the following:
- Logging
in
from
a
recognized
device,
- Providing a one-time security code sent to their email address,
- Providing a one-time security code provided by voice call to a number on file, OR
- By requesting a one-time security code to your mobile device.
If you request a one-time security code to your mobile device, you acknowledge that Message & Data rates may
apply and you confirm that you own the account corresponding to the mobile phone number you have entered,
or that you have the account holder's permission to use this service.
To illustrate, a person who knows certain details about your personal information may pass all the tests if you do
not prevent them from having access to your email address or mobile device.
Biometric Login
Biometric login is controlled by the biometric authentication service utilized on certain devices. We do not receive
or store any biometric data from this process.
If your registered device also contains biometric credentials for another person, you may NOT setup that device
for biometric login.
A person may be able to log in biometrically by BOTH:
- Having possession of a device previously setup to utilize biometric login AND
- Being able to pass the device's biometric credential tests.
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Digital Banking Agreement
Passcode Login
A Passcode is a numeric code that you may set up in our mobile apps, as an alternative to having to type your
password.
A person may be able to log in by Passcode Login by BOTH:
- Having possession of a device previously setup to utilize Passcode Login AND
- Having direct knowledge of your Passcode.
To set or reset a Passcode, a person must be able to login by the Standard Login.
Electronic
Fund Transfer Act and
Regulation
E
You agree that each combination of methods for passing the Standard, Biometric, and Passcode Login processes
outlined above is considered an "access device" for accessing your account, under Consumer Financial Protection
Bureau Regulation E (12 C.F.R. Section 1005).
For purposes of Regulation E, if you furnish an access device to someone else, you may be liable for transactions
that person makes using the access device, until you have notified us that transfers by that person are no longer
authorized.
If you shared any combination of factors with someone prior to accepting this Agreement, you agree that this
constitutes furnishing the access device.
This includes, but is not limited to:
- Person to Person Transfer, through Send Money
- Wire Transfers
- ACH Transfers through Funds Transfer
- Member to Member Transfers through Transfer to Orion Member
- Loan payments
- Bill Pay through Pay a Bill
- Biller Direct payments
If you leave any access device or portion thereof unsecured in any premises, you agree that any person
authorized to be in such premises has been furnished the access device. The Account Disclosures for your
account (link below) contain other important information regarding your rights, obligations, and liabilities under
Regulation E regarding transactions made electronically, including through Digital Banking.
Send
Money vs.
Pay a Bill
-
Which
Should
You
Use?
In the Send Money section of our mobile apps, you can transfer funds to individuals electronically. This is
commonly referred to as a P2P or person-to-person payment.
With Send Money, you only need to provide the recipient's mobile number or email address.
Pay a Bill and Biller Direct Portal are both ways to
pay
businesses.
Pay a Bill may also be used to transfer money to individuals as follows:
By check,
when
you
provide
the
individual's
mailing
address,
or
Electronically, when you provide the individual's bank account information. See the sections below for details.
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Digital Banking Agreement
Send
Money
Please click the link below for the terms and conditions specific to Send Money. Those terms and conditions apply
in addition to this Agreement.
https://orionfcu.com/wp-content/uploads/2022/05/SendMoneyDisclosure.pdf
Pay a Bill
The Pay a Bill service may be utilized to make a payment to businesses or individuals.
The "Payment Date" is the date you select when setting up a payment and is the date the Payee is expected to
receive the payment. Your account will be debited for the payment on the "Process Date" (shown at payment
setup) that corresponds to the selected Payment Date, at approximately 3:00 PM Central. If your account has
insufficient funds available on the process date, Orion may cancel the payment.
You may enter, edit, or cancel a payment until that time.
The number of required days between the Process Date and the Payment Date may vary, depending on the
recipient, amount, and other factors.
Payments may be made by mailed check, ACH (automated clearing house), or other means at the Service
Provider's discretion.
There may be delays in processing that are beyond our control, such as mail delays, electronic payment services
interruption, and the recipient's office hours.
You must allow for sufficient time between the Payment Date you schedule and the date upon which the
recipient will charge a late fee or take other action against you.
Payment Dates and Process Dates may only be on Business Days, unless otherwise indicated on a specific
transaction.
For recurring payments, when the recurring Payment Date or its corresponding Process Date does not fall on a
Business Day, such date will be moved to the preceding Business Day.
In order to ensure your desired Payment Date is available, you must set up payments at least six Business Days
before your desired Payment Date.
For new Payees, you must set the first payment's Payment Date to be 10 Business Days prior to the date the
Payee will charge a late fee or take other action against you.
For Payees that you have made successful payments to, we recommend that you schedule each Payment Date
to be 5 Business Days prior to the date the Payee will charge a late fee or take other action against you.
If the Payee has a payment cutoff time prior 11:59 PM Central Time of the date the payment is due, you must
schedule such payments to be the prior Business Day.
If you do not follow these guidelines, we may NOT be held liable for any damages you incur due to non-payment
or late payment.
You may expedite payments by selecting "rush delivery" when setting up a payment. The cutoff time for setting
up rush delivery is 3:00 PM Central.
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Digital Banking Agreement
The fees for rush delivery depend on the speed and form (check or electronic), and will be stated on the rush
delivery setup screen. In most cases, you may NOT cancel payments set for rush delivery.
Payments will be deducted from the account you select when setting up the payment.
If your selected account does not have sufficient funds, we may either cancel the payment or debit funds from
any other account you or any joint owner on your account owns, at our discretion.
You may set payments to pay one time or on a recurring basis.
If you set up a recurring payment, your obligations for each payment are the same as if you gave us individual
payment instructions for multiple one-time payments.
We are NOT liable for any damages you incur due to non-payment or late payment (including any finance charge
or late fees incurred as a result) if:
- You provide incomplete or incorrect payee information,
- You have insufficient funds to cover the payment on the Process Date,
- We cancel the payment to prevent your account from being overdrawn due to other activity,
- There are delays in mail delivery or services involved in electronic delivery,
- There are changes to the merchant address or account number,
- The recipient fails to account for the payment in a timely manner,
- You did NOT receive a confirmation number for the transaction due to failing to complete all transaction steps,
- Your access to Digital Banking or Pay a Bill has been eliminated or restricted, or
-Any other circumstance occurs beyond the control of the Credit Union.
You are solely responsible for determining if sufficient funds are available in your account to make each payment.
There may be times that you select an electronic payee address that matches your payment coupon exactly but
our Pay a Bill Service Provider routes the payment to a different payment center.
In most cases, this is done because the Service Provider knows the most efficient way to send the payment or has
a separate agreement with the recipient. However, if this results in non-payment or a late payment fee please
contact us during regular business hours to have the payment researched. Payments may only be made in US
dollars to recipients with a US address (or a US bank account, where applicable).
You may request a "stop payment" for any payment sent by check, for a fee disclosed at the time of the request
or in the fee schedule that applies to your account.
You may NOT request a "stop payment" on any payment sent by ACH (Automated Clearing House).
You may request copies of cancelled checks or other proof of payment, for a fee disclosed at the time of the
request or in the fee schedule that applies to your account.
We may refuse to make any payment, in which case we will notify you.
If your access to Pay a Bill is restricted or eliminated for any reason, scheduled payments will not be paid unless
they have been processed before the time of elimination or restriction.
We may limit the amount of a single payment.
We will notify you during the payment setup process if your payment exceeds any limit.
The Service Provider for Pay a Bill (including eBills) is iPay Solutions, a service of Jack Henry & Associates, Inc.
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Digital Banking Agreement
eBills
An additional feature of Pay a Bill is eBills.
Certain Payees will have the option for you to request eBills.
Upon approval of a request, your statements for such Payee will be delivered to you via our Digital Banking,
instead of your prior delivery method. For a Payee with activated eBills, you will have various options with respect
to automatically paying the statement. You agree that it is your responsibility to review each of your eBills and
confirm the correct payment amount and Payment Date for any eBill that is set to be paid automatically.
If you do not receive any statement, you must contact the eBiller directly.
In general, we are unable to update or change your personal information with your eBillers.
You must directly contact your eBillers with such changes, such as to your address or phone number.
You must NOT use someone else's information to gain unauthorized access to another person's statements.
You authorize us to obtain and share your non-public personal information with a potential or activated eBiller
for purposes of:
Identifying you to them,
Providing them with contact information, or
Any other purposes necessary for the provision of this service.
Some eBillers may require that you provide us with your login credentials for such eBiller.
Activation may take 60 days or longer, and will vary from eBiller to eBiller.
It is your sole responsibility to obtain statements during the activation period.
Each participating eBiller reserves the right to accept or deny your request to receive eBills from them and the
right to cancel their eBill provision at any time.
Upon your activation request for an eBill, you authorize us to obtain your statement data from the relevant
eBiller.
Upon our receipt of an eBill, we will attempt to notify you through the contact methods you have provided.
Because contact methods may be interrupted or otherwise unavailable, you must login to Digital Banking
periodically to determine if you have any outstanding eBills.
The time between our receipt and presentation of an eBill and its due date will vary from eBiller to eBiller. You are
solely responsible for the timely payment of all of your bills.
You may cancel any eBill at any time.
Cancellation may take 60 days or longer, and will vary from eBiller to eBiller.
It is your sole responsibility to obtain statements by an alternate method once you request cancellation of an
eBill, including statements sent but not received prior to your cancellation.
You must hold us harmless if an eBiller fails to deliver your statement.
Copies of previously delivered bills must be requested directly from the eBiller. We are NOT responsible for the
accuracy of your eBills. We are only responsible for presenting the information actually received from the
eBiller. You must directly dispute with the eBiller any discrepancies or disputes regarding the accuracy of your
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Digital Banking Agreement
eBill. This Agreement does not alter your liability or obligations that exist between you and your eBillers.
Financial Tools
Financial Tools is a personal finance manager that allows you to pull information from multiple financial
institutions and other sources into one place.
You may use it to:
- Aggregate account information,
- Set and track budgets,
- Analyze your spending, net worth, and cash flow, and
- Perform other personal financial management activities.
Financial Tools works by pulling your financial information from third parties' websites, after you provide login
credentials for such sites. By providing such during activation, you authorize us to obtain and share your non-
public personal information with the third party being activated for the purposes of identifying you to them or
any other purposes necessary for the provision of this service.
Your Orion account information is automatically delivered to Financial Tools. Updates to account information
may not happen automatically.
We are NOT responsible for the accuracy of information provided through Financial Tools.
We will attempt to present the information actually received from all third parties in a manner that accurately
reflects the original source. From time to time, however, information may be misinterpreted or not readable by
the software, which will lead to inaccuracies.
You must NOT rely on Financial Tools for determinations that impact your legal obligations, such as whether you
have sufficient funds available in a particular account to pay a transaction.
You must directly dispute with third parties any discrepancies or disputes regarding the accuracy of information
viewed in Financial Tools, which should only be done after you have verified the information on the third party's
website.
This Agreement does not alter your liability or obligations that exist between you and any third party. The Service
Provider for Financial Tools is MX Technologies, Inc.
Mobile
Check
Deposit
Mobile Check Deposit may be utilized to deposit paper checks through a mobile app, using the device's camera
to take images of both sides of the check.
You must use your device's camera to submit images of both sides of the check. You must also input certain
information from the check.
Through software, the Service will attempt to find errors in your submission.
However, you are solely responsible for the usability of the images and the accuracy of the data that you submit.
The electronic images of the item submitted, as defined by federal law, constitute a legal representation of the
check for all purposes, including return check processing.
You may only attempt to deposit "checks" as that term is defined in Federal Reserve Regulation CC, Availability of
Funds and Collection of Checks.
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Digital Banking Agreement
You may NOT submit to Mobile Check Deposit any ineligible items, including but not limited to the following:
- Checks payable to third parties who are not owners of the account receiving the deposit,
- Checks payable to multiple parties unless ALL parties are owners of the account receiving the deposit,
- Checks payable to "cash" or other indicators that are not a person,
- Checks previously deposited at Orion or another financial institution,
- Coupons or other items with special conditions for the item to be valid, and
- Copies of checks, regardless of whether the original is an eligible item.
You may NOT deposit items marked "LEGAL COPY" through Mobile Check Deposit.
You may NOT submit to Mobile Check Deposit any check that has been deposited previously or that you
otherwise have no legal right to deposit.
You must endorse all checks "FOR MOBILE DEPOSIT AT ORION" and print your account number. We may reject
or accept any check that is not endorsed as specified at our sole discretion.
Funds deposited through the Service may not be available for immediate withdrawal.
The Service utilizes sophisticated software to help determine whether check images you generate with the
Service are of sufficient quality to be legally valid. However, checks may later be rejected by the Federal Reserve
or otherwise due to the image quality. Given this delay, you agree that, for purposes of funds availability, a check
presented through the Service is considered "deposited" as of 9:00 AM CT on the Business Day following the first
Cut-Off Time for Mobile Deposits that follows your presentation of the check.
The "Cut-Off Time for Mobile Deposits" is 2:00 PM Central on each Business Day.
Funds will generally be available at 9:00 AM Central of the second Business Day after the day the check is
considered "deposited" according to the above.
Example:
In a week with no holidays, if you deposit a check at 2:01 PM Central Monday, the next Cut-Off Time for Mobile
Deposits is 2:00 PM Central Tuesday.
The check is considered deposited as of 9:00 AM Central Wednesday. The funds in general would thus be made
available at 9:00 AM CT Friday.
For more information regarding check holds and availability, please see the section titled "Your Ability to
Withdraw Funds" in our Account Disclosures linked below.
Regardless of the speed of Mobile Check Deposit, the Service still follows traditional check processing, which is
inherently slow.
Under the Uniform Commercial Code (as enacted in the applicable jurisdiction), your legal right to the credited
funds is only apparent after several days and is only absolutely certain after a period of YEARS.
Your legal right to the funds is NOT guaranteed by:
- Your receipt of a confirmation message (which solely confirms your portion of the process under normal
circumstances is complete) or
- Us crediting your available balance with the funds.
We may reject any check submitted through Mobile Check Deposit, at our sole discretion.
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Digital Banking Agreement
Our parameters for making such determination are not disclosed in order to prevent fraud or other
circumvention. Such parameters comply with all federal and state laws and regulations.
We are NOT liable for any damages you incur due to failure to credit your account if:
- You did not receive confirmation that the deposit was successfully submitted or
- Regardless of receiving such confirmation, we notify you that the deposit has been rejected, which may occur
around the time the check is considered "deposited" in accordance with the above, or later.
You can review the status of a mobile deposited check by visiting the Activity Center area under Transfers in the
Menu in an Orion mobile app. The Activity Center has check statuses, images, and other information. You must
rely on your available balance amount to make determinations about deposited check statuses. You may see a
pending hold on your transaction history indicating a check hold for a mobile deposit. In some cases the amount
you have deposited will vary from the amount on hold.
You must retain each check submitted through Mobile Check Deposit for 60 days after the funds have been posted
to your account. After 60 days, you must dispose of the check in a way that prevents representing for payment,
such as by shredding.
Upon our crediting of the funds to your available balance, you agree to mark the check
prominently as "Void", and you
agree to store each
retained check in a secured locked container until such proper disposal is performed.
You
must promptly
provide any retained check to us as requested
to aid in the clearing and collection
process or to
resolve claims by third
parties with respect to any check.
If an item you submit for deposit is dishonored, rejected, or otherwise returned unpaid, you agree that we may
charge back the amount of
the
return
to the account
the check
was originally deposited
to and
that you
may
be
assessed
a
fee as indicated
in
the fee schedule
relevant
to your account.
If there are not sufficient funds in your account to cover the amount of the returned check, the account will
be
overdrawn
and you will
be
responsible for payment.
Your mobile data or other internet service
provider
may assess fees, limitations, or restrictions. You are solely
responsible for all such fees, limitations, and restrictions.
When
using this Service, you
may experience technical or other difficulties.
We are NOT liable for any technical or
other difficulties that may incur.
In the event this Service is not available to you, you acknowledge that you can attempt to deposit checks at a
branch
office location,
through a participating ATM, or by mail.
Not all share accounts are eligible for receiving deposits through
Mobile Check
Deposit. The eligible share account will
be indicated
in a
list during the deposit
process.
Linked External Accounts
You
may
link external
accounts
held
at other
institutions.
You
may
NOT use this Service to link an external
account
UNLESS you own the account or are otherwise authorized
to
access the funds.
Once an account is linked, you may transfer funds between the external account and your Orion
account electronically by ACH.
If you
have linked external accounts before, by accepting this Agreement you certify that you are an owner or are
authorized
to access
funds in each linked account.
If you determine that you are not an owner and are not authorized
to access an account appearing in your list of linked
accounts, you must
notify us immediately to break the link.
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Digital Banking Agreement
CardSwap and Biller Direct
Please see the CardSwap and Biller Direct Portal sections on our Digital Banking and mobile apps for the terms
and conditions specific to CardSwap and Biller Direct Portal. Those terms and conditions apply in addition to this
Agreement.
My Offers
My Offers allows you to review pre-approved loan offers from Orion Federal Credit Union. Please see the My
Offers terms and conditions specific to My Offers. Those terms and conditions apply in addition to this
Agreement.
My Credit Dashboard
My Credit Dashboard provides information related to your credit score and report, loan offers, Alerts, and
Resources powered by SavvyMoney, Inc. To enroll in this service, you must agree to the SavvyMoney Terms of
Service. Those terms of service apply in addition to this agreement.
Exclusion of Warranties and Limitations of Liability
THE SITE AND SERVICE AND RELATED
DOCUMENTATION
ARE
PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND, EITHER
EXPRESS OR
IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT.
IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF
OUR SERVICE, AND OPERATION
OF THE SITE MAY BE INTERFERED WITH
BY
NUMEROUS
FACTORS OUTSIDE OF OUR
CONTROL.
THE
FOREGOING SHALL CONSTITUTE YOUR
EXCLUSIVE
REMEDIES AND THE
ENTIRE
LIABILITY OF ORION
FEDERAL
CREDIT
UNION
AND ITS AFFILIATES AND SERVICE
PROVIDERS AND THE
EMPLOYEES AND CONTRACTORS OF EACH
OF
THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.
IN
NO EVENT SHALL ORION
FEDERAL CREDIT UNION
OR
ITS SERVICE
PROVIDERS
BE LIABLE
FOR ANY DIRECT,
INDIRECT, SPECIAL,
INCIDENTAL,
CONSEQUENTIAL, OR
EXEMPLARY
DAMAGES, INCLUDING
LOSS OF GOODWILL AND
LOST PROFITS OR ATTORNEYS
FEES (EVEN
IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANYWAY
OUT OF THE
INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE
SERVICE,
EVEN
IF SUCH
DAMAGES WERE
REASONABLY
FORESEEABLE AND NOTICE WAS GIVEN
REGARDING THEM.
YOU ACKNOWLEDGE
AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE
DELAYED,
INTERRUPTED
OR
DISRUPTED
PERIODICALLY
FOR AN
INDETERMINATE
AMOUNT OF TIME
DUE TO CIRCUMSTANCES
BEYOND OUR
REASONABLE
CONTROL,
INCLUDING,
BUT NOT LIMITED TO, ANY INTERRUPTION,
DISRUPTION
OR
FAILURE
IN THE
PROVISION
OF THE SERVICE, WHETHER
CAUSED
BY STRIKES,
POWER
FAILURES,
EQUIPMENT MALFUNCTIONS OR
OTHER REASONS.
Limitations on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORION FEDERAL CREDIT UNION, THE
PROVIDER OF ANY SERVICES AVAILABLE THROUGH OR RELATED TO DIGITAL BANKING, ANY OF THEIR CONTRACTORS OR
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Digital Banking Agreement
SERVICE PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE DIGITAL BANKING, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF
ORION FEDERAL CREDIT UNION OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE
ARISING OUT OF THE USE OR INABILITY TO DIGITAL BANKING SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF
$10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE AS DESCRIBED IN THIS AGREEMENT.
Content and Services
Neither any of Orion Federal Credit Union’s Service Providers nor the provider of any wireless network is the provider
of any financial services available through or related to Digital Banking, and neither any of Orion Federal Credit Union’s
Service Providers nor the provider or any wireless network or any contractor of Orion Federal Credit Union is
responsible for any of the materials, information, products, or services made available to you via Digital Banking.
Individual Retirement Accounts
You
may
not transact on
an
Individual
Retirement
Account
through
Digital
Banking,
since special
forms are required.
Share Certificates
You may not transact on a share certificate through Digital Banking.
Service
Enrollment
Certain
Services of
Digital
Banking
may
require special
enrollment.
If you
are
unable
to enroll
in
a
Service or your access
to such
a Service
is
not as expected,
please contact
us.
We may disable specific features of
Digital
Banking if you do not use them or if you are not qualified for them.
If you
would like to regain such features, please contact us and request such.
Service Interruption
From time to time, Digital
Banking and the Services will
be interrupted for maintenance, outages, and other reasons.
We will attempt to give you notice in advance of such interruptions, but we are not required to give any notice.
Disclaimer of Warranty
DIGITAL BANKING IS PROVIDED ON AN AS ISAND AS AVAILABLEBASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT DIGITAL BANKING
WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF DIGITAL BANKING WILL BE UNINTERRUPTED. YOUR
USE OF DIGITAL BANKING AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU
THROUGH DIGITAL BANKING IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE RESULTING FROM THEIR USE.
15
Digital Banking Agreement
Alterations, Amendments, and Termination
This Agreement
may be altered or amended, effective when
notice is made available to you or as otherwise indicated in
the notice.
We may revise, update, expand, or reduce the Services in whole or in part without notice.
We
may
terminate
this Agreement
and
eliminate
Digital
Banking
or specific
features
without
notice.
We
may
restrict
your ability
to
use
Digital
Banking or specific features of
Digital
Banking
without
notice.
You
may terminate this Agreement at any time
by discontinuing
usage of Digital
Banking and asking us to block your
account from access
to Digital Banking for security reasons.
Before
you
terminate
the Agreement,
you
must
cancel
all
scheduled
transactions.
If there are any transactions in
process that you cannot cancel or any scheduled
transactions that you fail to cancel, we
may complete
processing of such transactions despite your termination of this Agreement, at our sole discretion.
Use of Email Addresses and Mobile Phone Numbers
You
authorize
us to contact
you
for any
reason
through
any email
address or
mobile
phone
number
that
you
have
provided
to
us.
You will
indemnify
us for any loss due to
providing
an email
address or
phone
number
that is false, incorrect, or that you
are
not authorized t
o use.
You must notify us if you cease to be authorized to use an email address or phone number, including
by cancelling or abandoning a phone service.
You must notify us with any change to an email address, phone number, mailing address, or other
form of contact on record.
You are responsible for any fees charged by your mobile data or other internet service provider when
we contact you by email or through your mobile device or other means.
Assignment
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.
Entire Agreement
You agree this Agreement is the complete and exclusive statement of the agreement between you
and us relating to Digital Banking, related Services, and any other subject matter of this Agreement.
This Agreement supersedes any proposal or prior agreement, oral or written, and any other
communications between you and us relating to Digital Banking, related Services, and any other
subject matter of this Agreement.
In the event of a dispute regarding Digital Banking and related Services, you agree to resolve the
dispute by looking to this Agreement.
Severability
If any provision of these Agreement are found to be invalid or unenforceable, that provision will be
16
Digital Banking Agreement
enforced to the maximum extent permissible, and the remaining provisions will remain in full force.
No Waiver
We and our independent contractors or other third parties shall not be deemed to have waived any
of our rights or remedies hereunder unless such waiver is in writing and signed by us.
No delay or omission 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.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning
or construction of any of the provisions of this Agreement.
Disputes
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this
Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement
between you and us, which supersedes any proposal or prior agreement, oral or written, and any
other communications between you and us relating to the subject matter of this Agreement. If there
is a conflict between what the employees of Orion Federal Credit Union and/or its Service Providers
say and the terms of this Agreement, the terms of this Agreement will prevail.
Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial
by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or
in connection with this Agreement and any agreement contemplated to be executed in conjunction
herewith, or any course of conduct, course of dealing, statements or actions of the parties.
This provision is a material inducement for the parties entering this Agreement.
Ownership and License
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in
their arrangement, is owned by Orion Federal Credit Union and/or its Service Providers unless otherwise
indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective
owners. Unauthorized reproduction in whole or part is prohibited.
Additionally, Orion Federal Credit Union and/or its Service Providers is/are the sole owner(s) of all right, title, and
interest in and to any downloaded software to be used for access to Digital Banking and Services and the
computer programs contained therein in machine readable object code form as well as any accompanying user
documentation along with all subsequent copies, updates, or versions thereof which are made available to you (if
any), regardless of the media or form in which they may exist.
Subject to and in accordance with the terms and conditions of this Agreement, you are hereby granted a limited,
17
Digital Banking Agreement
nonexclusive license to use Digital Banking and relevant downloaded software used to access or utilize Services.
All rights not expressly granted to you by this Agreement are hereby reserved by Orion Federal Credit Union
and/or its Service Providers. Nothing in this license will entitle you to receive hard-copy documentation, technical
support, telephone assistance, or updates to Digital Banking.
Governing Law and Relation to Other Agreements
Accounts and services provided by Orion Federal Credit Union may also be governed by separate agreements with
you.
This Agreement supplements any other agreements and disclosures related to your accounts and provided to
you separately.
The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby
expressly waived and excluded.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of
Tennessee, without regard to its conflicts of laws provisions, except as follows:
1. Card controls and the use of any downloaded software, programs, or systems related to such controls
shall be governed by and construed in accordance with the laws of the State of Florida, excluding that
body of laws pertaining to conflict of laws. All disputes related to card controls and related systems are
subject to the exclusive jurisdiction of the courts of Florida and you expressly consent to jurisdiction and
venue thereof and therein.
Any dispute between you and any of our Service Providers shall be governed by and construed in accordance
with such Service Provider’s applicable terms and conditions, including governing law provisions.
Unauthorized Use
Regarding Digital Banking and any relevant downloaded software used to access or utilize Services, including, but
not limited to, any trademark, logo, or copyright, You shall not: (i) modify, revise, or create any derivative works;
(ii) decompile, reverse engineer, or otherwise attempt to derive the source code; or (iii) redistribute, sell, rent,
lease, sublicense, or otherwise distribute any item or information under this Agreement unless otherwise
expressly permitted.
Unauthorized use of Digital Banking is strictly prohibited and is subject to prosecution under the Computer Fraud
and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030.
We may monitor and audit usage of Digital Banking.
You are hereby notified that the use of Digital Banking constitutes consent to such monitoring and auditing.
U.S. Government Restricted Rights
Digital Banking and relevant downloaded software used to access or utilize Services is commercial computer
software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS
227.7202 (Commercial computer software and commercial computer software documentation), as applicable,
the use, duplication, and disclosure of Digital Banking and relevant downloaded software used to access or utilize
Services by the United States of America, its agencies, or instrumentalities is subject to the restrictions set forth
in this Agreement.
18
Digital Banking Agreement
Privacy
Our Privacy Notice may be accessed at https://orionfcu.com/privacy-notice/.
Account Disclosures
Our current Account Disclosures may be accessed at
https://orionfcu.com/orion-account-disclosures/.
Fee Schedule
There is no fee for using Digital Banking.
There may be fees for the underlying transaction or action conducted through Digital Banking, such as if you
overdraw your account using Pay a Bill.
Our current Fee Schedule may be accessed at https://orionfcu.com/help/fee-schedule/
.
By clicking "I Accept":
You give us your consent to provide E-Statements,
You agree to all statements made in the Digital Banking Agreement, and
You acknowledge receipt of Orion's current Privacy Notice, Account Disclosures, and Fee Schedule, linked above.
(Revised 2022-April 29)