Eureka savings Bank
SERVICE
DOCUMENTATION
End User License Agreement
This End User
License User agreement contains the terms and conditions for your use of FIS
Personal Finance tools and services that we may provide to you and that involve
accessing third party account information (“Services”). Hereinafter “us” “we” “our” or “Financial
Institution” refers to your financial services provider.
1. Provide Accurate Information. You represent and agree that
all information you provide to us in connection with the Services is accurate,
current, and complete. You agree not to misrepresent your identity or account
information. You agree to keep account information secure, up to date and
accurate. You represent that you are a legal owner, or an authorized
user, of the accounts at third party sites which you include or access
through the Services, and that you have the authority to (i) designate us and
our service providers as your agent, (ii) use the Services, and (iii) give us
and our service providers the passwords, usernames, and all other information
you provide.
2. Content You Provide. Your use of the Services is your
authorization for Financial Institution or its service providers, as your
agent, to access third party sites which you designate in order to retrieve
information. You are licensing to Financial Institution and its service
providers any information, data, passwords, usernames, PINS, personally
identifiable information or other content you provide through the Services. You
authorize us or our service providers to use any information, data, passwords,
usernames, PINS, personally identifiable information or other content you
provide through the Services or that we or our service providers retrieve on
your behalf for purposes of providing the Services, to offer products and
services, and for other permissible business purposes. Except as otherwise
provided herein, we or our service providers may store, use, change, or display
such information or create new content using such information.
3. Power of Attorney. You grant Financial Institution and
its service providers a limited power of attorney as provided below to access
information at third party sites on your behalf. Third party sites shall be
entitled to rely on the authorizations, agency, and the power of attorney
granted by you or through your account. For all purposes hereof, you hereby
grant Financial Institution and its service providers a limited power of
attorney, and you hereby appoint them as your true and lawful attorney-in-fact
and agent, with full power of substitution and re-substitution, in any and all
capacities, to access third party sites to retrieve information, use such
information, as described herein, with the full power and authority to do and
perform each and every act and thing required and necessary to be done in
connection with such activities, as fully to all intents and purposes as you
might or could do in person. You understand and agree that the Services are not
sponsored or endorsed by any third party site. YOU
ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS
ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR
AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY
SITES.
4. Third Party Accounts. With respect to any third party sites we may enable you to access through the
Services or with respect to any non- Financial Institution accounts you include
in the Services, you agree to the following:
a. You are responsible for all fees
charged by the third party in connection with any non- Financial Institution
accounts and transactions. You agree to comply with the terms and conditions of
those accounts and agree that this User agreement does not amend any of those
terms and conditions. If you have a dispute or question about any transaction
on a non- Financial Institution account, you agree to direct these to the
account provider.
b. Any links to third party sites that
we may provide are for your convenience only, and Financial Institution and its
service providers do not sponsor or endorse those sites. Any third
party services, which you may be able to access through the Services,
are services of the listed institutions. We nor our service providers have
responsibility for any transactions and inquiries you initiate at third party
sites. The third party sites you select are solely
responsible for their services to you. We nor our service providers are liable
for any damages or costs of any type arising out of or in any way connected
with your use of the services of those third parties.
5. Limitations of Services. When using the Services, you may
incur technical or other difficulties. We nor our service providers are
responsible for any technical or other difficulties or any resulting damages
that you may incur. Any information displayed or provided as part of the Services
is for informational purposes only, may not reflect your most recent
transactions, and should not be relied on for transactional purposes. We and
our service providers reserve the right to change, suspend or discontinue any
or all of the Services at any time without prior
notice.
6. Acceptance of User Agreement and
Changes. Your
use of the Services constitutes your acceptance of this User agreement. This
User agreement is subject to change from time to time. We will notify you of
any material change via e-mail or on our website by providing a link to the
revised User agreement. Your continued use will indicate your acceptance of the
revised User agreement. The licenses, user obligations, and authorizations
described herein are ongoing.
7. Aggregated Data. Anonymous, aggregate information, comprising financial
account balances, other financial account data, or other available data that is
collected through your use of the Services, may be used by us and our service
providers to conduct certain analytical research, performance tracking and
benchmarking. Our service providers may
publish summary or aggregate results relating to metrics comprised of research
data, from time to time, and distribute or license such anonymous, aggregated
research data for any purpose, including but not limited to, helping to improve
products and services and assisting in troubleshooting and technical
support. Your personally identifiable
information will not be shared with or sold to third parties.
8. Ownership. You agree that Financial
Institution and its service providers, as applicable, retain all ownership and
proprietary rights in the Services, associated content, technology, mobile
applications and websites.
9. User Conduct. You agree not to use the Services
or the content or information delivered through the Services in any way that
would: (a) be fraudulent or involve the sale of counterfeit or stolen items,
including but not limited to use of the Services to impersonate another person
or entity; (b) violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (c) create liability
for Financial Institution or its service provider or cause Financial
Institution to lose the services of our service providers; (d) access the
information and content programmatically by macro or other automated means; or
(e) use the Services in such a manner as to gain unauthorized entry or access
to computer systems.
10. Indemnification. You agree to defend, indemnify and
hold harmless Financial Institution, its third party service providers and
their officers, directors, employees and agents from and against any and all
third party claims, liabilities, damages, losses or expenses, including
settlement amounts and reasonable attorneys' fees and costs, arising out of or
in any way connected with your access to or use of the Services, your violation
of these terms or your infringement, or infringement by any other user of your account,
of any intellectual property or other right of anyone.
11. Disclaimer. The Services are not intended to
provide legal, tax or financial advice. The Services, or certain portions
and/or functionalities thereof, are provided as strictly educational in nature
and are provided with the understanding that neither Financial Institutions nor
its third party providers are engaged in rendering
accounting, investment, tax, legal, or other professional services. If legal or
other professional advice including financial, is required, the services of a
competent professional person should be sought. Financial Institution and its third party providers specifically disclaim any liability,
loss, or risk which is incurred as consequence, directly or indirectly, of the
use and application of any of the content on this site. Further, Financial
Institution and its third party providers are not
responsible for any investment decisions or any damages or other losses
resulting from decisions that arise in any way from the use of the Services or
any materials or information accessible through it. Past performance does not
guarantee future results. Financial Institution and its third
party providers do not warrant that the Services comply with the
requirements of the FINRA or those of any other organization anywhere in the
world
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES
AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR
RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO
THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE
SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE
CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL
INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR
WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S
WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND
SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR
DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY
TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY
ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE
POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
14. Export Restrictions.
You acknowledge that the Services and any software underlying such
Services are subject to the U.S. Export Administration Regulations (15 CFR,
Chapter VII) and that you will comply with these regulations. You will not
export or re-export the software or Services, directly or indirectly, to: (1)
any countries that are subject to U.S. export restrictions; (2) any end user
who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government; or (3) any end user who you know or have
reason to know will utilize them in the design, development or production of
nuclear, chemical or biological weapons. You further acknowledge that the
Services may include technical data subject to export and re-export
restrictions imposed by U.S. law.
15. Other Terms. You may not
assign this User agreement. A determination that any provision of this User
agreement is unenforceable or invalid shall not render any other provision of
this User agreement unenforceable or invalid.