Zelle Network® Terms and Conditions
For purposes of these Zelle Network® Terms and Conditions (“Agreement”), the words “we,” “our,” “us”, “Homebase”, and “Credit Union” mean Homebase Federal Credit Union.
Description of Services
We have partnered with the Zelle Network® (“Zelle®”) to enable a convenient way to send and receive money with others you trust, who are enrolled with Zelle, with us, or with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses, mobile phone numbers, or other unique identifiers described in these terms (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Financial Institutions.”
Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transferred by a Network Financial Institution.
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
Eligibility and User Profile
When you enroll to use the Service you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Prohibited Payments
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk.
Content Standards
You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or members to harm or liability of any nature.
Although neither we nor Zelle have any obligation to monitor any content, both we and Zelle have absolute discretion to remove content at any time and for any reason without notice. We and Zelle may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service.
We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Service that is subject to intellectual property rights claims.
Amendments or Changes to Agreement
Subject to applicable law, we may amend or change this Agreement or any other disclosures at any time, (including any applicable fees and service charges) from time to time, in our sole discretion, by posting the revised version on our website at homebasecu.org. It is recommended that you access and review this agreement regularly. Your continued access of the Service after any amendment, modification or change to the terms and conditions of this Agreement (whether it is by posting, mail, email, or expressed acknowledgement or acceptance) shall constitute your agreement and acceptance.
Consent to Share Personal Information (Including Account Information)
You consent, by accepting this agreement, to the Credit Union sharing your personal information, which may include account information, but not limited, to complete payment transactions in accordance with our processes, and procedures, that may include, but is not limited to:
- As necessary for Network Banks or Credit Unions to complete transfers;
- As necessary to resolve a problem related to a transfer or payment between you and another User;
- To verify the existence of your Account, or debit card, as applicable;
- To comply with government agency or court orders or other legal process;
- To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
- To comply with inquiries in connection with fraud prevention or any investigation;
- For our general business purposes, including without limitation data analysis and audits;
- As otherwise permitted by the terms of our Privacy Policy, as discussed in the Section below titled “Privacy and Information Security;” or
- If you give us prior verbal or written permission.
Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Privacy Policy at homebasecu.org/privacy-policy, and Website Privacy Practices at homebasecu.org/online-privacy, both of which are incorporated into and made a part of this Agreement by this reference.
Wireless Operator Data
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.
Enrolling for the Service
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol.
- Once enrolled, you may:
- authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
- receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money”.
- If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
- Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll it with Zelle.
- If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the Contact Method for communication related to the Service and must meet the requirements described herein.
Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
- You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a Contact Method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.
- In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
- For help or information regarding text messaging, contact Member Services at (804) 452-0736 or send a Secure Message through Online Banking.
- Supported Carriers: Most major wireless carriers are supported. Limitations may apply.
Receiving Money; Money Transfers by Network Financial Institutions
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.
Sending Money; Debits by Network Financial Institutions
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.
In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle the other Network Financial Institutions, and other Zelle users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.
Statements
Transactions made through the Service will appear in your online transaction history and on your Statement(s) for your account.
Liability
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.
Send Limits
You may not make funds transfers more than limits described on the Service. We reserve the right to change at any time the dollar amount of funds transfers you are permitted to make using our Service. Limits will be disclosed when using the Service to make funds transfers. Transfer limits applicable to Users who use the separate Zelle service website or mobile app are governed by Zelle's separate service agreements. You understand that if you use the separate Zelle transfer service website or mobile app, you may be subject to lower limits than those applicable to you using the Service hosted directly by Us.
Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
Transaction Errors
In case of errors or questions about electronic fund transfers, you must contact us at the following number, send us a written notice to the following address or send us a secure message through your Online Banking Account as soon as possible. Our contact information is as follows:
Homebase Federal Credit Union
4495 Crossings Boulevard
Prince George, VA 23875
Phone: (804) 452-0736
Secure Message: Log into your Online Banking account to send a secure message.
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears. When you contact us, please make sure you:
- Tell us your name and account number
- Tell us the dollar amount of the suspected error.
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe it is an error or why you need more information.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error has occurred within ten (10)* business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45** days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10)** business days for the amount you think is in error so that you will have the 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 ten (10) business days, we may not credit your account.
We will tell you the results within three (3) 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.
* If you give notice of an error occurring within 30 days after you make the first deposit to your account, we may take up to 20 business days instead of ten (10) business days to investigate the error.
** If you give notice of an error occurring within 30 days after you make the first deposit to your account, notice of an error involving a point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we may take up to 90 days instead of 45 days to investigate the error. Additionally, for errors occurring within 30 days after you make the first deposit to your account, we may take up to 20 business days instead of ten (10) business days to credit your account.
Your Liability for Unauthorized Transfers
You are required to notify Us IMMEDIATELY if you believe your Password allowing access to the Service has been lost or stolen, or if you believe that a transfer has been made through the Service without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft coverage). If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, you can lose no more than $50.00 if someone uses your password or other means to access your account without your permission.
If you do NOT tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could lose as much as $500.00.
If your statement shows transfers or payments that you did not make, TELL US AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a hospital stay) prevented you from telling us, we may extend the period.
Our contact information is as follows:
Homebase Federal Credit Union
4495 Crossings Boulevard
Prince George, VA 23875
Phone: (804) 452-0736
Secure Message: Log into your Online Banking account to send a secure message.
Liability for Failure to Complete Transfers
We are not liable for failed payments resulting from:
- Insufficient funds in your source account
- Expired or invalid account or card information
- Incorrect account credentials or incomplete entries
- Technical failures you were aware of prior to submission
- External system errors or delays (e.g., internet outages, processor malfunctions)
- Natural disasters, system disruptions, or other events outside our control
If we cause a processing error, we will refund any improperly debited amount or redirect the funds as instructed. Payments that cannot be processed remain your obligation and may result in additional fees from the Credit Union or missed due dates.
Fees
There are no fees to use Zelle, however, we reserve the right to assess fees for the use of the Service and any additional services or features that we may introduce in the future. Fees associated with your use of the Service, including but not limited to the telephone access fees and internet service fees, assessed by your mobile carrier, data rates and internet service provider. If we assess fees, we will give you reasonable notice as required by law and we may deduct any applicable fees from the account used for the transfer transaction.
Use of Our On-line Banking Website and/or Mobile App
You agree to access our website and/or mobile app in compliance with our Homebase Federal Credit Union Online and Mobile Banking Agreement, which is available on the Disclosures page on the homebasecu.org website and incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between this Agreement and other disclosures or agreements we have provided to you, this Agreement will govern to the extent of any such inconsistency.
Cancellation of the Service
You may discontinue your use of the Service at any time. You agree that we may terminate or suspend your use of service at any time and for any reason but assume no obligation, to terminate your ability to use Zelle, if we deem your actions to be potentially unlawful, abusive, offensive or unwelcome or for any reason at all at our sole discretion. We will not be responsible for any outstanding transaction issues associated with cancelling this Service, or any transfers initiated before We have received notice of cancellation and reasonable time to act upon such notice.
Right to Terminate Access
The Credit Union reserves the right to terminate, suspend, or restrict your access to any part of the Service at any time, with or without notice, for reasons including suspected fraud, inactivity, or security concerns. You may terminate your use of the Service at any time by contacting us in writing or through secure messaging. Termination will not affect your liability for transactions conducted prior to our receipt of your request.
We may amend this Agreement at our discretion and will provide notice through digital channels, such as posting updated terms on our website, sending secure messages, or displaying notices within the Services. Continued use of the Services after the effective date of any changes constitutes your acceptance of those changes.
Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANICAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THEe POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® SERVICE OR WITH THE TERMS OF THIS Agreement, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
You agree to indemnify and hold harmless Homebase Credit Union, its affiliates, directors, officers, employees, and third-party service providers from and against any and all losses, claims, damages, or liabilities arising out of your use of the Services in violation of this Agreement or applicable laws. This includes, but is not limited to, claims resulting from fraudulent deposits, misuse of the Services, or failure to maintain the security of your login credentials or Access Devices.
Homebase Credit Union shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use the Services. This includes delays, service interruptions, or data inaccuracies caused by third-party providers, telecommunications failures, or your own equipment. Our total liability to you shall not exceed the amount of fees you have paid to us for use of the Services during the six-month period immediately preceding the event giving rise to the claim.
You are responsible for any losses, costs, or expenses we incur as a result of your failure to comply with this Agreement. You authorize us to deduct such amounts from your account without prior notice. If we initiate legal action to collect amounts owed under this Agreement or to enforce its terms, you agree—subject to applicable law—to reimburse us for all related costs, including attorney’s fees (which may include, but are not limited to, fees equal to 33.3% of the amount due), court costs, appellate fees, bankruptcy-related costs, and post-judgment collection expenses.
Governing Law; Choice of Law
This Agreement is governed by the bylaws of Homebase Federal Credit Union, applicable federal laws and regulations (including the Electronic Fund Transfer Act), local clearinghouse and payment system rules, the laws and regulations of the Commonwealth of Virginia, and general principles of contract law. These legal frameworks are subject to amendment from time to time.
Disputes arising from or related to your use of the Service may be subject to resolution through arbitration. For disputes involving $10,000 or less, either party may elect to resolve the matter through binding arbitration administered by the American Arbitration Association (AAA). Arbitration will be conducted virtually or through written submissions, unless otherwise mutually agreed.
By using the Services, you agree to waive your right to participate in class actions, representative actions, or jury trials related to any dispute. For disputes exceeding the arbitration threshold, legal proceedings may be brought in the courts of Prince George County, Virginia, or another venue as permitted by applicable law.
To the extent allowed by law, you agree that any legal action concerning this Agreement will be governed by the laws of Virginia and federal law, and adjudicated in the jurisdiction where the Credit Union is located.
For additional provisions regarding dispute resolution, including a full Arbitration and Waiver of Class Action clause, please refer to your Membership and Account Agreement.
Severability
If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Miscellaneous
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. Member Service generally will be available Monday through Friday, excluding federal holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
You May Be Interested In
-
Guaranteed Asset Protection (GAP)
Guaranteed Asset Protection, or GAP, is low-cost coverage that pays the potentially high-cost difference between your insurance settlement and your loan balance on items directly related to the purchase of your vehicle.
-
Extended Auto Warranty
Be ready for the unexpected and ensure you’re covered in the event a mechanical breakdown occurs. With Mechanical Breakdown Protection from Route 66 Warranty,* you can rest easy knowing you are covered.Learn More About Extended Warranties > -
TruStage Auto Insurance
Enjoy affordable top-quality protection and discounted rates combined with online convenience and 24/7 claims service.Learn More About Auto Insurance >