Earth Dynamic Services USER AGREEMENT
Welcome to Earth Dynamic Services User Agreement. This Agreement is a legal agreement between you and Earth Dynamic Services regarding your use of Earth Dynamic Services & DESIGN's Web site proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").
1. Earth Dynamic Services. This agreement covers your use of Earth Dynamic Services & DESIGN's Services on this site only. Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, exclude minors.
2. Use of the Services. You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, Earth Dynamic Services in violation of any applicable law, regulation or policy, or in violation of any third parties' rights.
3. Terms and Conditions of Use.
(a) Agreement to Terms. By using the information, services and products available through Earth Dynamic Services you are agreeing to the terms and conditions contained herein.
(b) Modification. Earth Dynamic Services reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.
(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of this Web site shall be deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for notice of changes are reasonable.
(e) You acknowledge and agree that Earth Dynamic Services or its affiliates may deny you access to or use of all or part of this Web site without prior notice if you engage in any conduct or activities that Earth Dynamic Services in its sole discretion believes violates any of these Terms of Service, violates the rights of Earth Dynamic Services , or is otherwise inappropriate for continued access and use of this Web site.
4. Your Information.
(a) By giving us your E-mail address, you are certifying in this Agreement that you have the right to use your E-mail address.
(b) By providing information to us via this Web site (such a, feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non-confidential and that Earth Dynamic Services shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as Earth Dynamic Services deems appropriate, without compensation or acknowledgement of its source. Earth Dynamic Services shall be free to use any ideas, concepts, know-how or techniques contained in information you provide Earth Dynamic Services through Earth Dynamic Services & DESIGN's Web site.
(c) In exchange for use of this Web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless Earth Dynamic Services , its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.
(d) While Earth Dynamic Services will not knowingly divulge your E-mail address or any other personal information to outside parties, you agree that Earth Dynamic Services will not be liable for acquisition or use of your information by any third party without Earth Dynamic Services & DESIGN's knowledge or consent. In turn, you agree that Earth Dynamic Services will not be liable for the acquisition or use of personal information about you that is not under our control.
(e) Earth Dynamic Services is against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will NOT send you any advertisement-only messages as part of the Services. However, in order to support this FREE service, you will receive advertisements within the E-mail notifications you receive.
5. Ownership.
(a) Earth Dynamic Services has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.
(b) All content included on this Web site, including text, graphics, logos, buttons, icons, and images, is the property of Earth Dynamic Services or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S, and international copyright and trademark laws.
6. Consumer Information. The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.
7. Pricing and Availability. Any pricing information listed on this Web site is subject to change without notice. Certain items herein may be discontinued or may be unavailable in some areas.
8. Disclaimers.
(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the Earth Dynamic Services & DESIGN 's Web site or services, and equipment that is not, by its nature, fault tolerant.
(b) THE SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c) Earth Dynamic Services AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) Earth Dynamic Services and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this Web site at any time.
(e) The information contained in this World Wide Web site is provided for informational purposes only. While Earth Dynamic Services has tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice.
(f) Earth Dynamic Services does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this Web site and Earth Dynamic Services expressly disclaims liability for errors or omissions in these materials.
(g) Earth Dynamic Services makes no commitment to update the information contained on this Web site.
(h) Third party Web sites listed as hypertext links herein are not under the control of Earth Dynamic Services . Accordingly, Earth Dynamic Services can make no representation concerning the content of these Web sites nor can the fact that Earth Dynamic Services has included this link serve as an endorsement by Earth Dynamic Services of any of these Web sites.
(i) Nothing contained in this Web site constitutes investment advice.
(j) All sales of products listed herein are subject to our usual terms and conditions of sale.
9. Trademarks. All trademarks, company names, and product names are the property of their respective owners.
10. Copyright. The content of this Web site, including but not limited to, the text and images herein and their arrangement are copyright ©2005 Earth Dynamic Services . All Rights Reserved. Certain images herein are owned by and have been provided by our members and are used with permission. Please contact us if you are interested in receiving permission for commercial or non-commercial use of any of the images or content herein.
11. Limitation of liability. IN NO EVENT WILL Earth Dynamic Services , ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL Earth Dynamic Services ’S, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).
12. Indemnification.
(a) You agree to indemnify, defend and hold harmless Earth Dynamic Services , its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site and the Services provided under this Agreement, the violation of these terms and conditions by you, or the infringement by you, or other users of Earth Dynamic Services 's Web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity.
(b) Earth Dynamic Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. Termination of Service.
(a) Either you or Earth Dynamic Services may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.
(b) These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Earth Dynamic Services site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.
(c) These terms will terminate immediately without notice from Earth Dynamic Services if in Earth Dynamic Services & DESIGN's sole discretion you fail to comply with any term or provision of this Agreement.
(d) Upon termination, you must destroy all materials obtained from the site and any and all other Earth Dynamic Services site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
(e) The terms of this Section and Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.
14. Message Center Policies
(a) Earth Dynamic Services does not and cannot monitor each and every message posted in the Message Center.
(b) Earth Dynamic Services is not responsible for any message posted, and does not vouch for or warrant the accuracy, validity, completeness or usefulness of any message. The messages express the views of their authors, not necessarily the views of Earth Dynamic Services .
(c) By posting in the Message Center, you agree:
(d) Earth Dynamic Services reserves the right to end a discussion or lock a thread if we feel that the discussion has become unproductive or combative, or if the topic is unnecessarily dominating the message center. Earth Dynamic Services reserves the right to lock a thread if there have been no messages in it for 30 days.
15. Community Guidelines
(a) Earth Dynamic Services takes pride in its community. We are protective of this community and want it to thrive and grow. For this reason, we have implemented the Community Guidelines, which are outlined below. These guidelines explain what you can expect of Earth Dynamic Services , as well as the kind of online behavior we expect of you.
(b) The number one guideline to be followed at all times is "treat others as you would like to be treated yourself." Abuse of other members will absolutely not be tolerated.
(c) Also, remember that community standards are always evolving. It is important that you periodically check this document for alterations and updates. It's all part of taking pride in and protecting the Earth Dynamic Services community. Thanks for doing your part.
(d) Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of our Community Guidelines if you do any of the following:
16. Moderation and Enforcement of Guidelines
(a) Moderation messages will be public. This is not done to embarrass or upset the poster but, rather, to serve as a learning experience for all users. Similarly, messages will not be deleted unless they are obscene, invasive of a person's privacy, or otherwise in gross violation of our guidelines. The poster will be warned in the same thread, with the relevant portion of the message quoted as necessary. The poster, of course, always retains the option of editing his/her initial message.
(b) Moderations will follow a three-step process:
17. Miscellaneous.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and Earth Dynamic Services with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and Earth Dynamic Services with respect to the Services.
(b) Nonwaiver. Earth Dynamic Services & DESIGN's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
(c) Amendment. Earth Dynamic Services can revise these Terms and Conditions by updating this posting. No amendment or modification hereof will be valid or binding upon either party unless assented to by Earth Dynamic Services .
(d) Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
(e) No Estoppel. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
(f) Act of God. Earth Dynamic Services will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
(g) No Obligation to Monitor. Earth Dynamic Services does not have any obligation to monitor use of the Services, but Earth Dynamic Services may do so and may also disclose information regarding your use of the Services to satisfy laws, regulations or other government requests.
(h) North Carolina Agreement. As you are accessing the information on the Earth Dynamic Services Web site on a server in Salisbury, North Carolina, the information contained on Earth Dynamic Services Web site shall be deemed provided in North Carolina and shall be deemed subject to North Carolina law. These Terms and Conditions will be governed and interpreted pursuant to the laws of North Carolina, notwithstanding any principles of conflicts of law.
THANK YOU FOR VISITING AND USING THE Earth Dynamic Services WEB SITE. WE APPRECIATE YOU AS A CUSTOMER. ©Copyright 2005 All Rights Reserved For Questions or Comments
ELECTRONIC SIGNATURE
AGREEMENT
1. Agreement.
If you contract with us electronically or otherwise request documentation or disclosures electronically, you specifically consent
and agree that we may provide all disclosures, agreements, contracts, periodic statement, receipts, notices, modifications,
amendments, and all other evidence of our transactions with you or on your behalf electronically (hereinafter all such
documentation is referred to as "electronic record(s)"). You have a right to receive a paper copy of any of these electronic
records if applicable law specifically requires us to provide such documentation. Also, you may withdraw your consent and
revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement
to receive electronic records call, write, or visit a local branch as set forth in this Agreement. Withdrawal of your consent will
terminate your enrollment in all Founders electronic services including the CALL-24, Founders Online, Founders Online
Lending, Founders Bill Pay, Founders Online VISA, and Founders EStatements services.
When you use our services or you permit any other person to access your account using our services, you agree to the terms
and conditions we have set forth in this Electronic Signature Agreement and any instructional material which we provide you
regarding the services. Your use of the services may be made by use of certain numbers, codes, marks, signs, public keys or
other means of establishing your identity and acceptance of the electronic communications which are acceptable to us.
All electronic communications that meet these requirements will be deemed to be valid and authentic, and you intend
and agree that those electronic communications will be given the same legal affect as written and signed paper
communications. You agree that electronic copies of communications are valid, and you will not contest the validity of the
original or copies, absent proof of altered data, or tampering.
2. Equipment and Software Requirements.
To use Founders Online services, you must use a personal computer or other device with the capacity to interface by modem or
other device to an Internet Service Provider using current high security encryption methods. Once a live connection to the
Internet is established you may access Founders Online services from our web site at http://www.foundersfcu.com/
or directly at
https://www.foundersfcuonline.com/
.
These are the present minimum requirements that are required to access and use the system, which may change without
notice. We make no warranty or representation regarding the access speed that you will have now or in the future, as such is
beyond the control of the Credit Union (depending largely on your computer system and method of access -- e.g., dial up
connection vs. DSL or other connection). Also, these minimum requirements are likely to change as technology, software, and
other matters continue to evolve.
You are responsible for the set-up, maintenance, and security of your personal computer and modem.
Ask your
personal computer retailer, service technician, and or your Internet Service Provider (ISP) to make certain your personal
computer hardware, software, modem, phone connection, and internet service subscription will allow you to connect to
Founders Online.
The Credit Union is not responsible for providing any equipment, services or advice related to equipment necessary to interface
with the Founders Online web site, and is not responsible for any error in connections, transmissions or otherwise regarding any
system, software, entries or instructions.
A. BROWSER SOFTWARE.
To use Founders Online services, you need the most recent version available of an industry standard web browser
that is compatible with current secure session encryption methods.
Founders recommends you select the most recent versions of Internet Browser Software with encryption enabled
for connection to Founders Online. Use and access to our on-line/electronic credit union services requires the use of
a browser that supports SSL and 128 bit encryption or higher. We can not guarantee access to our online/electronic
credit union services through outdated browser software.
ADDITIONAL SOFTWARE.
Acrobat Reader software from Adobe Systems, Inc. may be required for reading and printing this agreement and
or other documentation available at
http://www.foundersfcu.com/and https://www.foundersfcuonline.com/. Internet browser
software and Acrobat Reader are generally available free of charge through the Internet, but may require additional
Hard Disk storage space on your computer.
B. OBTAINING SOFTWARE.
Internet browser software is generally available free of charge through the Internet, your Internet service provider, or
hardware vendor and may require additional Hard Disk or memory storage space on your computer or handheld
device. Check for the availability of browser updates, new versions, and security enhancements regularly through
your vendor of choice.
C. VIRUS PROTECTION.
We are not responsible for any electronic virus, or viruses, worms, Trojan horse, or other harmful or intrusive components
(exploits) that you may encounter through your connection to the Internet or from sources other than Founders Online service.
The Credit Union strongly suggests that you routinely scan your personal computer, diskettes, or other storage media using a
reliable up-to-date virus protection software product to detect and remove any viruses found. An undetected or un-repaired
virus, intrusion, or exploit may corrupt and/or destroy your programs, files and even your hardware. Some virus exploits may
also allow intruders to view your personal data and or monitor your connection to Founders Online. Check for the most recent
virus software updates regularly.
D. COOKIES
Use of our web site or linking to a site we sponsor requires the use of "cookies," which are small pieces of information a web
site stores on a visitor's web browser to remind the site about the user the next time the site is visited. We do not store
confidential or sensitive information through the use of cookies. Our use of cookies enhances our members' online transactions
and eases navigation through our web site. For certain online transactions cookies are required to help protect the privacy of a
member's transactions by, for example, terminating the session if the member forgets to log out. We collect e-mail addresses
from members who request electronic services and from users of our web site who choose to provide their addresses.
By requesting any sign-on, balance information, electronic funds transfers, home banking, other electronic services or
transactions, by submitting any application, agreement, or communication to us electronically, or by e-mailing us, you represent
that you have such equipment and software and that you can download, access, read, review, print and store the electronic
records we provide you.
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3. Performance of Software and Electronic Service and Warranty Disclaimer.
Neither we, nor any of our agents, affiliates or any other person(s), nor any software supplier nor information provider
represents and warrants to you that the software we may supply to you for the Founders Online service is free from any defects,
computer virus or other software-related problems. In the event of such defects or computer virus caused by the Founders
Online software, our sole responsibility shall be limited to the replacement or the reasonable cost of replacement of the software
we provided in connection with the Founders Online services. In no event will we be liable to you for any consequential,
incidental or indirect damages arising out of the use, misuse or inability to use the Founders Online services, or for any loss of
any data, even if we have been informed of the possibility of such damages. In states which do not allow the exclusion or
limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by
applicable law.
FURTHER, NEITHER WE, NOR ANY AGENT, AFFILIATE OR OTHER PERSONS, ANY SOFTWARE SUPPLIER NOR ANY
INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE,
EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS,
UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect
damages arising out of the use, misuse, or inability to use the services, or for any loss of any data, even if we have been
informed of the possibility of such damages. We make no warranty to you regarding your equipment or the software, including
any warranty of merchantability or fitness for a particular purpose.
4. Electronic Signature.
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action
while using any electronic service we offer; or in accessing or making any transactions regarding any agreement,
acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if
actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to
the validity of your electronic signature; and that the lack of such certification or third party verification will not in any way affect
the enforceability of your signature or any resulting contract between you and the Credit Union.
5. E-Mail Communications.
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability
to you whatsoever for any loss, claim, or damages arising or in any way related to our response(s) to any e-mail or other
electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity
or to verify any e-mail or other electronic communication; and may respond to an e-mail at either the address provided with the
communication, the e-mail address in your Membership Application and Signature Card, or any other application or written
communication actually received by us.
Any account owner, co-borrower, or authorized user may change the e-mail address for information from us at any time.
Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications.
The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or
responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication
cannot be authenticated to our satisfaction.
Further, the Credit Union may not immediately receive e-mail communications that you send. Also, we will not take action
based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. We reserve the
right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through
unsecured e-mail communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction,
stop payment request or otherwise, you may call the Credit Union at the telephone number below.
Contact your local branch office or call a Founders Representative at (800) 845-1614,
You may fax us at (803) 416-5054,
You may also write to us at 607 North Main Street, Lancaster, SC 29720
6. Liability for Loss or Erroneous Data.
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be
due to the failure of their respective computer system or third party communications provider on which each party may rely. We
shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of
your computer system.
7. Links to Other Sites.
The website may contain links to third party websites. These links are provided solely as a convenience to you and not as an
endorsement by the Credit Union of the contents on such third-party website. Credit Union is not responsible for the content of
linked third party sites and does not make any representations regarding the content or accuracy of materials on such third
party websites. If you decide to access linked third-party websites, you do so at your own risk.
8. Harm to Computer Systems/Data.
You agree that our liability for viruses, worms, Trojan horse, or other harmful or intrusive components that may enter your
computer system by downloading information, software, or other materials from Founders Online shall be limited to replacement
or the reasonable cost of replacement for the lost information, software, or other material. We will not be responsible or liable
for any indirect, incidental or consequential damages, which may result from such malicious harmful components.
9. Amendment of this Agreement.
We may amend this agreement (including changes in its fees and charges hereunder) by giving you notice at least 30 days in
advance of the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable
regulation. Your continued use of the services is your agreement to the amendment(s).
10. Choice of Law.
This Agreement shall be governed by and interpreted under South Carolina and Federal Law.
11. Waiver.
We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be
deemed a waiver of the term of provision in the future.
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