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Terms and Conditions for Debit and ATM Card Fraud Text Alerts (“Terms” or “Agreement”)

PLEASE CAREFULLY READ THE FOLLOWING TERMS BECAUSE THEY ARE THE CONTRACT FOR DEBIT AND ATM CARD FRAUD TEXT ALERTS (the “Service”). BY REGISTERING FOR OR USING THE SERVICE, YOU INDICATE THAT YOU AGREE TO THESE TERMS AND YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH XCEED FINANCIAL FEDERAL CREDIT UNION (“Xceed Financial”, “we”, “our” or “us”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT TAKE ANY OF THE ABOVE ACTIONS (I.E., DO NOT REGISTER FOR OR USE THE SERVICE). YOU SHOULD PRINT OR SAVE AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

XCEED FINANCIAL IS WILLING TO PROVIDE YOU THE SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS:

DEFINITIONS – When we say “you,” we mean the person who is authorized to use the Card, who has agreed to the Terms and Conditions for Debit and ATM Card Fraud Text Alerts and who is eligible, and has elected, to receive the Service. “Electronic Services Agreement and Disclosure” means Xceed Financial’s account agreement(s) with you that govern your use of the Card. This Agreement is a part of and is incorporated by reference into the Electronic Services Agreement and Disclosure. The Service is provided via short message text messages ultimately sent through the facilities of the service provider(s) supplying wireless service in connection with the mobile number you designate from time to time for receipt of the Service (“Wireless Service Provider”). A “Content Provider” is a third-party provider of information to the Service. A “Technology Provider” is a third-party provider of technology services used to operate the Service. “Equipment” means the wireless receiving equipment through which you intend to access and use the Service from time to time. “System” means the computer hardware and software owned or operated by any Technology Provider and used from time to time in providing the Service. We define other terms elsewhere in this Agreement.

YOUR CONSENT TO RECEIVE MESSAGES FROM AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”); IDENTIFICATION – In connection with signing up for the Service, you will be asked to provide your prior expressed consent to being contacted by us at the mobile number you provide to us in connection with your consent (or as updated by you from time to time). You agree that the Service may include, without limitation, text messages from an ATDS system or from an ATDS-capable system (including, without limitation, any System we or our Technology Providers may use from time to time). You agree to print or save and retain a copy of your consent for your records. Messaging frequency depends on Card activity and may be sent 24 hours a day, 7 days a week. You may unsubscribe from the SMS/text message Service by sending “STOP” to 23618 from the mobile number you have provided for receipt of the Service. Help Instructions: Text “HELP” to 23618 for help. Text messages will come from 23618 and will contain Xceed FCU to help you identify us as the sender of the message. Our legal name is “Xceed Financial Federal Credit Union” and our telephone number is as follows: 888.654.5199. You may contact us there to verify whether a message came from us.

NO AMENDMENT OF EXISTING TERMS AND CONDITIONS FOR CARDS – These Terms apply in addition to the Electronic Services Agreement and Disclosure and, by signing up for the Service, you agree to comply with these Terms and you ratify your agreement to the Electronic Services Agreement and Disclosure.

THE SERVICE THAT YOU SELECT TO BE PROVIDED TO YOU IS FOR CONVENIENCE PURPOSES ONLY. IT DOES NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU PURSUANT TO THE ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD OR THE STATUS OF YOUR ACCOUNT (SUCH AS THE CURRENT AVAILABLE BALANCE), YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD.

OPTIONAL SERVICE; FEES; CHANGING YOUR SERVICE PREFERENCES – The Service is optional and Xceed Financial does not charge for use of the Service or access to the Information (defined below) available as of the date you agree to these Terms. However, your Wireless Service Provider’s standard message and data rates may apply to your receipt of messages by your Equipment through the Service, and you are solely responsible for such charges. You may unsubscribe from the SMS/text message Service by sending “STOP” to 23618 from the mobile number you have provided for receipt of the Service.

INFORMATION – We are providing you with access to various types of information through the Service, which may include, without limitation, account and financial information (the “Information”) which is solely for your own use and not for further redistribution. The Information is Xceed Financial’s property and is protected by applicable law. Xceed Financial reserves any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but Xceed Financial and its Technology Providers do not warrant or guarantee such accuracy or timeliness.

AVAILABILITY/INTERRUPTION – The Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider. The Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays, including but not limited to any due to conditions on the Internet, Equipment, your Computer or actions of the Content Providers or Technology Providers. You acknowledge that Xceed Financial, Content Providers and Technology Providers shall not be liable to you if the Service in a given location is not available. If the Service is not available within your intended location, you agree that your sole remedy shall be to cease using the Service as described in these Terms. The Service is specific to U.S. Wireless Service Providers and may not include international service.

USE OF SERVICE/EQUIPMENT – You agree not to use the Service for any unlawful or abusive purpose or in any way which damages Xceed Financial’s property or interferes with or disrupts the System or other users. Resale of the Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment is compatible with the Service and System and meets federal standards.

PRIVACY AND SECURITY – Any information provided to Xceed Financial by you in association with the Service shall be governed by Xceed Financial’s Privacy Policy. You acknowledge that Fraud Text Alerts are delivered over public communication or similar facilities that are not under the control of Xceed Financial and that have inherent security vulnerabilities. For example, transmissions are not encrypted. If you are uncomfortable with the risk that others might see your Fraud Text Alerts, do not sign up for them or only sign up for those that you would not mind others seeing. Also, do not lend your Equipment to others who might see a Fraud Text Alert delivered to that Equipment. You authorize Xceed Financial’s monitoring and recording of calls to us concerning your account or the Service. We reserve the right to take any appropriate action if we become aware of any use of the Service we believe violates any law or is otherwise wrongful.

PASSWORDS AND UNAUTHORIZED USAGE – If your Equipment is lost or stolen or if Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Equipment, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage. You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur online within your account through which you signed up for the Service.

CHANGES TO THIS AGREEMENT AND CANCELLATION OF THE SERVICE – We may change or modify this Agreement, including Service features, from time to time in accordance with applicable law. If you do not agree with the current or modified Terms, you must cease using the Service immediately and unsubscribe by sending “STOP” to 23618 from the mobile number you have provided for receipt of the Service. Xceed Financial may terminate or suspend provision of any or all of the Service at any time.

LIMITATIONS

1. NO WARRANTIES

XCEED FINANCIAL SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, COMPUTER OR SOFTWARE PROVIDED BY YOU AND IN NO WAY WARRANTS THE CAPABILITIES OF ANY SUCH EQUIPMENT, COMPUTER OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SERVICE AND SYSTEM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, SYSTEM, YOUR COMPUTER OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON XCEED FINANCIAL’S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR YOUR COMPUTER AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. XCEED FINANCIAL MAKES NO WARRANTY THAT THE SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO XCEED FINANCIAL OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. XCEED FINANCIAL OR ITS CONTENT OR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2. Limitation of Liability for the Service

Xceed Financial, including its directors, officers and employees, shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use or our provision of the Service, (ii) access to the System, (iii) your use of any Equipment or Computer in connection with the Service or Equipment or Computer failure or modification, (iv) the content of Information or other materials included with or accessed via use of the Service, (v) the failure to deliver any Fraud Text Alerts or the delivery of Fraud Text Alerts at times different from the times that you have designated (if designations are available through the Service), (vi) any acts or omissions of any Content or Technology Providers, (vii) for System failure or modification, or (viii) any “force majeure” (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Xceed Financial or its Content or Technology Providers. XCEED FINANCIAL, INCLUDING ITS DIRECTORS, OFFICERS AND EMPLOYEES, OR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF XCEED FINANCIAL AND/OR ITS CONTENT OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. Limitation of Action

NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THESE TERMS MORE THAN ONE (ONE) YEAR AFTER THE LEGAL ACTION ACCRUES.

4. Maximum Liability

XCEED FINANCIAL’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Survival

THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

INDEMNITY – You agree to indemnify and hold the Xceed Financial, including its directors, officers and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party resulting from or arising out of your use of the Service or System (or the Service or System by persons using your password) or your violation of this Agreement. This Indemnity Section shall survive termination of your agreement to this Agreement.

ASSIGNMENT – Subject to applicable law, we may assign all or part of Xceed Financial’s rights or duties under this Agreement without such assignment being considered a change to this Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement: The Card may only be used by you and all Fraud Text Alerts are provided under the assumption that you are and will be the only user of the Card.

NOTICES – We may provide you notices regarding the Service in the same manner that we may provide notices pursuant to the Electronic Services Agreement and Disclosure.