Corning Credit Union eStatement User Agreement
(rev. 10/09)
This eStatement User Agreement ("Agreement") sets forth the terms and conditions under which you may elect to receive your account, loan, and Visa statements in disclosures, as well as all other notices, documents and disclosures related to your account, electronically.
To enroll in eStatements, you must consent to receive disclosures, and notices and information about the eStatements program electronically. By selecting the "I Agree" box, you (1) consent to receive your periodic statement and related notices, information and disclosures for any account you select electronically, (2) consent to receive the terms and conditions of this Agreement electronically and agree to the terms and conditions set forth herein, and (3) acknowledge and agree that you have the hardware and software required (as described below) to receive, access and retain eStatements, electronic notices, and electronic disclosures. If you do not select "I Agree", you will not be enrolled in the eStatements service. Corning Credit Union reserves the right to provide statements, information, and other disclosures about your account to you by non-electronic means.
Scope of Agreement
This Agreement establishes the terms and conditions of the eStatements service. Any legal notices, information, or other disclosures that are normally included with the periodic statements will be delivered or made available electronically. In the event a change to this Agreement or the terms and conditions of your eStatement service, requires prior notice to you, we may notify you by email, at the public email address you have provided, of the new or different terms and conditions, or will provide you with a link within such email, or on or near the eBranch log in page where you may view the new or different terms and conditions on a web site. Any such notice will be deemed received when made available to you at the address you have provided, or, if posted on the eBranch log in page, after you log in to your account. If you continue to use eStatements after the effective date of such notice, your continued use of eStatements will constitute acceptance of the changes and an agreement to be bound by these terms, as amended. If you do not agree to the changes, you agree to discontinue your use of eStatements.
Hardware and Software Requirements
Enrollment for the eStatement service requires that you have access to the internet and an internet browser that supports 128 bit encryption, Adobe Acrobat Reader 5.0 or higher, and a printer or a disk drive or other electronic storage device. A link to adobe.com will be provided to download the Adobe Acrobat Reader for free. Corning Credit Union reserves the right to require you to obtain the different type of technology from time to time in order to use eStatements.
Enrollment for eStatements
Each authorized signer on an account can enroll that account for eStatements. When any authorized signer enrolls an account in eStatements, a paper version of the periodic statement will no longer be issued. All of your periodic statements, account notices, and disclosures will be posted at http://www.corningcu.org, or such other internet address as Corning Credit Union may specify from time to time. You are entitled to receive, upon request, one free paper copy of the any statement we make available electronically. You will be charged in accordance with fee schedule for all additional copies. If you wish to receive a paper copy of any statement made available to you electronically, you may make such a request by contacting Corning Credit Union at 607-962-3144 or 800-677-8506, or at such other number that we specify from time to time, during normal business hours or you may contact us by mail at the following address:
Corning Credit Union
One Credit Union Plaza
PO Box 1450
Corning, NY 14830-1050
Email Address for Notices Related to eStatements
Corning Credit Union will send an electronic notice informing you that the periodic statement for your account (and related information) is available for you to access and/or download ("Electronic Delivery Notice)" at an email address that you designate and may change from time to time. You must provide us with timely updates to your email address. You may change your email address on our eBranch web site after logging into your eBranch account. Corning Credit Union will make reasonable efforts to ensure that you receive the Electronic Delivery Notice. If Corning Credit Union determines that you are not receiving the Electronic Delivery Notice for any particular account, Corning Credit Union may terminate your eStatement enrollment and begin sending periodic statements in paper form, or take other reasonable steps to ensure that you are receiving your periodic statement. You must advise us of any change in your email address. Failure to do so may cause your statements to be delayed, or converted to paper statements.
Cancel eStatements Service
You can cancel your account from eStatements at any time on the eBranch web site. The cancellation process may take up to 30 days to complete. You will not be charged a fee to cancel your eStatement enrollment. After you terminate your eStatement enrollment, you will begin receiving periodic statements, notices, information and disclosures in paper format.
Delivery in Paper Form May Continue
Corning Credit Union may continue to deliver certain periodic statements, notices, and disclosures to you in paper form to your mailing address of record. If an electronic version of the periodic statement, notice or disclosure is not available or delivered through eStatements, you may receive a printed non-electronic copy by regular mail or other delivery method and an Electronic Delivery Notice concerning it may not be made. Such paper copies will constitute your record of such information.
Limitation of Liability
CORNING CREDIT UNION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT IT WILL PROVIDE ESTATEMENTS WITHOUT INTERRUPTION OR ERROR. ESTATEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE CORNING CREDIT UNION MAKES NO REPRESENTATION OR WARRANTIES RELATING TO ESTATEMENTS INCLUDING, WITHOUT LIMITATION, PERFORMANCE AND AVAILABILITY, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE ESTATEMENTS SHALL BE FOR THE CORNING CREDIT UNION TO MAKE REASONABLE EFFORTS TO ENABLE YOU TO MAKE PROPER USE OF THE ESTATEMENTS. IN NO EVENT WILL CORNING CREDIT UNION, OR ANY OF ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ESTATEMENTS, OR THE INABILITY TO USE ESTATEMENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION OR PROCEEDING TO ENFORCE ANY OBLIGATION, DUTY OR RIGHT ARISING UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE DATE THAT SUCH CAUSE OF ACTION ARISES.
Other Agreements
The terms and conditions of this Agreement constitute the entire agreement to use eStatements as described herein and may be modified or amended by Corning Credit Union as described below. The terms and conditions of this Agreement are in addition to and part of the terms and conditions of the agreement governing the use of the web site, and are in addition to all other terms and conditions in agreements governing your account if Corning Credit Union and constitute an amendment of those other agreements.
Amendments
Corning Credit Union reserves the right to amend, add to, or delete the terms and conditions of this Agreement and, unless otherwise required by law, Corning Credit Union may amend this Agreement without prior notice to you. If Corning Credit Union chooses to notify you of an amendment, or is required to do so by law, you may be asked to consent to an amended version of the Agreement electronically, or the Corning Credit Union may mail or deliver a separate notice, statement message or electronic message. Your continued use of eStatements following any such notice of a change shall constitute your agreement to be bound by all such changes.
Miscellaneous
If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. The failure to act with respect to a breach does not otherwise waive Corning Credit Union's right to act with respect to subsequent or similar breaches. This Agreement represents the sole and exclusive agreement between the Corning Credit Union and you regarding eStatements and merges and supersedes all previous agreements and understandings regarding eStatements. Should any term or condition be in conflict between this Agreement and any document incorporated herein by reference, this Agreement shall control with respect to issues relating to eStatements. This Agreement is governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law principles.
