Card Management Services Terms and Conditions

I. Introduction
II. Access
III. Privacy and Security
IV. General Information
V. Communications
VI. Modification or Cessation of Service
VII. Miscellaneous
VIII. Arbitration Provision and Class Action Waiver

These Card Management Services Terms and Conditions are subject to arbitration and certain other limitations, please refer to the Arbitration Provision in section VIII for more details.

I. Introduction

Card Management Services are services provided by Members Cooperative Credit Union that permit members to manage their credit union-issued debit cards, including viewing digital cards, tracking debit card use, accessing debit card restrictions, and reporting lost or stolen debit cards, etc.

These Card Management Services Terms and Conditions (Terms) are between you and Members Cooperative Credit Union, which includes but is not limited to authorized signors, users, representatives, agents, attorneys-in-fact, fiduciaries, guardians, conservators, trustees, personal representatives, and similar such individuals that you have provided access your credit union accounts and/or debit card.

Your use of the credit union’s Card Management Services constitutes your agreement to be bound by these Terms, including any addendums and amendments, and any rules the credit union may issue regarding the same. If you do not agree to these Terms, you must not use Card Management Services.

All other agreements with the credit union remain valid and enforceable, including your Membership and Account Agreement and associated disclosures, loan agreements, etc. The terms, conditions and any disclosures in these other documents are incorporated into these Terms to the extent that the underlying product is available, viewable, or accessible through Card Management Services.

Enrollment and use of Card Management Services is limited to one purpose: to provide users access to their financial information for legitimate and legal banking purposes only. Users are prohibited from using Card Management Services in any manner that may be considered false, misleading, fraudulent, illegal, not banking-related, contrary to the credit union’s policies and procedures, or otherwise damaging to the credit union, its members, or others.

These Terms may be amended at the credit union’s sole discretion, at any time and without notice, unless notice is required by law. Amendments to these Terms may be accomplished by posting a revised version of the Terms here (as accessed through a link in online services); a posting, message or other means of information delivery provided in online services; or through email. Amendments will be effective immediately upon making them available to you unless a delayed effective date is expressly stated. Your continued use of Card Management Services after an amendment of the Terms shall constitute your agreement to such amendment and the revised Terms.

II. Access

How Card Management Services are accessed may change the services available to you. The credit union does not agree to provide an identical experience or identical access across all technologies.

III. Privacy and Security

The credit union is committed to providing Card Management Services to users. Those services must be delivered and used in a manner that ensures the privacy and security of information. You agree that while using the credit union’s online services and Card Management Services you will not leave your computer or mobile device unattended and that you will log out as soon as you are no longer actively using online services including Card Management Services.

Malware, including but not limited to, viruses, worms, trojan horses, ransomware, and spyware, is designed to cause damage to computers and mobile devices. The credit union takes measures to prevent Card Management Services from being compromised by malware but cannot guarantee that Card Management Services are free from malware. You agree that the credit union is not responsible for any malware or similar damaging mechanism you may receive from accessing Card Management Services.

Certain information about you and the computer or mobile device you use (cookies) may be collected for security purposes and to provide an optimal user experience. By using Card Management Services, you agree to the placement of cookies on your computer and mobile device.

IV. General Information

In order to use Card Management Services, you must agree to the credit union’s Consent to Electronic Records and Signatures and an Online Services Agreement. The credit union reserves the right to deny your enrollment or ongoing use of online services, including Card Management Services, fully or partially, at any time, without notice at its sole discretion.

If an account is owned by more than one person (generally known as a joint account), each owner may use Card Management Services to access and take action on debit cards issued in connection with accounts held jointly without the consent of the other owners. You are responsible for any Card Management Services or actions taken by another owner on jointly owned accounts, whether or not you specifically authorized or were aware of such access or action. You are also responsible for ensuring that each owner maintains the confidentiality and safety of their credentials.

The credit union aims to make Card Management Services available at all times. Nonetheless, there will be occasional scheduled and unscheduled periods of time when Card Management Services are not available. The credit union makes no warranties or guarantees as to the availability of Card Management Services, and the credit union will not be responsible or liable for any loss or harm you may experience as a result of an interruption in Card Management Services. If Card Management Services are unavailable and you have an urgent banking need, contact the credit union by phone or through alternate means immediately.

V. Communications

Most disclosures, notices and information related to Card Management Services can be accessed through the credit union’s online services. You agree that electronic communications need not be accessed by you to be considered delivered. Electronic communications are delivered when made available to you, such as when they are posted in here or in the credit union’s online services, displayed on the credit union’s website, appended to EStatements, or emailed.

VI. Modification or Cessation of Service

The credit union, at its sole discretion, may modify, terminate, or add to its Card Management Services without notice, unless required by law.

VII. Miscellaneous

Disclaimer of Warranties. The credit union makes no express or implied warranties to you relating to Card Management Services including warranties of merchantability, fitness for a particular purpose, or noninfringement, except to the extent required by law. There is no warranty that Card Management Services will meet your expectations or be uninterrupted, timely, secure, or free of errors. You further understand that your use of Card Management Services is at your risk and is provided on an “as is” and “as available” basis, including the downloading of any material in Card Management Services.

Limitation of Liability. The credit union will not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages incurred by you or any third party, including but not limited to damages for loss of profits, goodwill, data, or other losses resulting from the installation, use, inability to use or termination of Card Management Services, even if damages were foreseeably and notice was given. Your sole and exclusive remedy shall be for the credit union to use commercially reasonable efforts to correct and only to the extent required to do so under these Terms.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of Minnesota. If any provision of these Terms is determined to be illegal, unenforceable, or invalid, all other provisions shall remain in full force and effect.

VIII. Arbitration Provision and Class Action Waiver.

READ THIS ARBITRATION PROVISION CAREFULLY: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND THE CREDIT UNION HAVE AGAINST EACH OTHER ARE RESOLVED. Under the terms of this Arbitration Provision, and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with the terms specified herein, if you or the credit union elect it. These provisions shall apply to any claim arising or relating to any Claim existing now or in the future and shall apply to existing and future accounts. By agreeing to these Terms and using Card Management Services you have demonstrated your consent to this arbitration provision.

EFFECT OF ARBITRATION

If a Claim is arbitrated, neither you nor the credit union will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person.

This Arbitration Provision will survive the termination of your Membership and Account Agreement and/or Card Management Services Agreement. See further details below.

Definitions

“You,” “Yours” and “credit union.” Solely as used in this Arbitration Provision, the words “you” and “yours” mean anyone who uses Card Management Services or has an account that is accessed using Card Management Services. The words “the credit union,” “we,” “us” and “our” mean the credit union and includes the credit union’s employees, officers, directors, volunteers, affiliates, predecessors, acquired entities, successors, and assigns.

“Account.” For purposes of this Arbitration Provision, the word “account” means any one or more share, savings, checking or other account(s) you have with us, and the features and services provided in connection with it or them. The word “savings” means any share account you have with us. The word “checking” means any share draft account you have with us. These terms include, but are not limited to: checking accounts, savings accounts, money market accounts, certificates of deposit, UTMA accounts, and accounts held for trusts, all of which are accounts under this Arbitration Provision. “Account” also refers, collectively and separately, to any services associated with any account. Further, “account” shall include any loan or lending relationship with us as a borrower, co-borrower, guarantor, owner of collateral or third-party pledgor. A loan or lending relationship shall include any products or services obtained in connection with or arising from the lending relationship. “Account” includes accounts that are both contemplated or applied for and those that are established.

“Claim.” A “Claim” subject to arbitration is any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present, or future, and based upon any legal theory, including, but not limited to, contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to Card Management Services. Notwithstanding the foregoing, the term “Claim” excludes: (a) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof, including the Class Action Waiver below (a court will decide such disputes or controversies); and (b) any individual action brought by either party in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court.

Arbitration Procedures

a. Agreement to arbitrate Claims. You or the credit union may elect to arbitrate any Claim.
b. Electing arbitration. If you or the credit union elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to: Members Cooperative Credit Union, Attn: Notice of Arbitration, P.O. Box 161527, Duluth, MN 55816 (the “Notice Address”). The Notice to you shall be sent to the address for you currently in the credit union’s files. Any arbitration hearing that you attend will take place in a venue in the county where you reside unless you and the credit union agree otherwise. If a party files a lawsuit in court asserting a Claim and the other party elects arbitration, such Notice may be asserted in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiff in a lawsuit filed in court). If you or the credit union commence litigation of a Claim, neither you nor the credit union waive the right to elect arbitration with respect to any counterclaim or other Claim that you or the credit union may make. In the event that a court grants a motion to compel arbitration, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator specified in this section.
c. Arbitration costs. The credit union will pay the filing, administrative and/or arbitrator’s fees (“Arbitration Fees”) that the credit union is required to pay pursuant to the administrator’s rules or the law. In addition, with respect to Arbitration Fees that you are required to pay under the administrator’s rules in connection with an individual arbitration you have commenced against us: (i) if the amount of your Claim does not exceed $75,000 and the credit union receives a written request by you at the Notice Address, the credit union will pay or reimburse you for your payment of said Arbitration Fees; (ii) if the amount of your Claim exceeds $75,000 and the credit union receives a written request by you at the Notice Address, the credit union will consider paying said Arbitration Fees if you are unable to pay them and cannot obtain a waiver or reduction of them from the arbitration administrator.
d. Arbitration administrator and rules. The party electing arbitration must choose between one of two administrators: (1) the American Arbitration Association (“AAA”), or (2) JAMS. The administrator chosen will apply its rules and/or codes of procedures in effect at the time arbitration is elected. You may obtain a copy of the rules and/or codes, and more information about initiating an arbitration, by: (1) contacting AAA at: 1-800-778-7879 or visiting: www.adr.org, or (2) contacting JAMS at: 1-800-352-5267 or visiting: www.jamsadr.com. The arbitrator is bound by the terms of this Arbitration Provision. If neither AAA nor JAMS can serve, the parties may agree on another administrator, or a court may appoint one.
e. What law the arbitrator will apply. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. However, the arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act, that would apply if the matter had been brought in court.
f. The arbitrator’s decision and award; attorney fees. At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision. The arbitrator may award any damages or other relief or remedies that would apply under applicable law, as limited in section (e) above, to an individual action brought in court. In addition, with respect to Claims asserted by you in an individual arbitration, the credit union will pay your reasonable attorney, witness and expert fees and costs if, and to the extent you prevail, or if applicable law requires us to do so.
g. Effect of arbitration award; appeal. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act.

Federal Arbitration Act. Your Card Management Services Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision. If a specific law expressly requires otherwise, then that law will apply in place of any of the foregoing without invalidating any other provisions in this section. To the extent state law is applicable, the laws of the State of Minnesota shall apply.

CLASS ACTION WAIVER

If either you or the credit union elects to arbitrate a Claim, neither you nor the credit union will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. The parties acknowledge that this Class Action Waiver is material and essential to the arbitration of any Claims and is non-severable from this Arbitration Provision. If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. However, the Arbitration Provision shall remain valid with respect to all other Claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Conflicts; Severability; Survival. This Arbitration Provision is intended to be broadly interpreted. In the event of a conflict between the provisions of this Arbitration Provision and the AAA or JAMS rules, or any other terms of the Arbitration Agreement, the provisions of this Arbitration Provision shall control. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver. This Arbitration Provision shall survive: (1) the closing of your account(s) and the termination of any relationship between us, including the termination of your Membership and Account Agreement and/or Card Management Services Agreement; and (2) any bankruptcy to the extent consistent with applicable bankruptcy law.

This Arbitration Provision shall not limit the credit union’s right to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien the credit union may hold in property, to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having jurisdiction; however, you or the credit union may elect to arbitrate any dispute related to such provisional remedies.

Arbitration will not apply if prohibited under any applicable laws, such as those that may apply if you are an active-duty service member.