Liability for Unauthorized Access. Subject to the terms of your Consumer or Business (as applicable) Membership and Account Agreement, you are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Empower Online Banking Service or your Online Banking credentials, you are responsible for any transactions they authorize or conduct on any of your accounts. NOTE: BECAUSE THE ONLINE BANKING SERVICE IS A FAST AND EASY WAY TO TRANSFER MONEY, THIRD PARTIES MAY ATTEMPT TO FRAUDULENTLY OR IMPROPERLY OBTAIN ACCESS TO YOUR ACCOUNT OR CAUSE YOU TO SEND MONEY FROM YOUR ACCOUNT. EMPOWER IS NOT RESPOSIBLE FOR TRANSACTIONS THAT YOU INITIATE, EVEN IF YOU WERE IMPROPERLY OR FRAUDULENTLY INDUCED TO MAKE THE PAYMENT, OR THE PAYMENT WAS MISTAKENLY MADE BY YOU. WE WILL NEVER CALL, EMAIL, TEXT MESSAGE, OR CONTACT YOU TO SPECIFICALLY REQUEST YOUR ACCOUNT INFORMATION, SUCH AS YOUR ACCOUNT NUMBER, DEBIT CARD NUMBER, ONLINE BANKING CREDENTIALS, OR ONLINE BANKING ACCESS CODE. WE HAVE THIS INFORMATION. IF YOU RECEIVE A PHONE CALL, EMAIL, TEXT MESSAGE, OR OTHER DIRECT COMMUNICATION APPEARING TO BE FROM EMPOWER AND REQUESTING YOUR PERSONAL ACCOUNT INFORMATION, IT MAY BE FRAUD. YOU MAY BE LIABLE IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO INITIATE OR AUTHORIZE A PAYMENT IN THESE SITUATIONS, EVEN IF THE REQUEST IS FRAUDULENT OR IF YOU ARE THE VICTIM OF FRAUD. IF YOU THINK YOU MAY BE THE VICTIM OF FRAUD YOU SHOULD CONTACT US IMMEDIATELY. FEES AND CHARGES. There are no charges for using Empower Online Banking and Bill Payment Services, however any fees applicable to your accounts with Empower as set forth on Empower's Fee Schedule will apply. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.
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Liability for Unauthorized Access. Subject to the terms of your Consumer or Business (as applicable) Membership and Account Agreement, you are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Empower Online Banking Service or your Online Banking credentials, you are responsible for any transactions they authorize or conduct on any of your accounts. NOTE: BECAUSE THE ONLINE BANKING SERVICE IS A FAST AND EASY WAY TO TRANSFER MONEY, THIRD PARTIES MAY ATTEMPT TO FRAUDULENTLY OR IMPROPERLY OBTAIN ACCESS TO YOUR ACCOUNT OR CAUSE YOU TO SEND MONEY FROM YOUR ACCOUNT. EMPOWER IS NOT RESPOSIBLE FOR TRANSACTIONS THAT YOU INITIATE, EVEN IF YOU WERE IMPROPERLY OR FRAUDULENTLY INDUCED TO MAKE THE PAYMENT, OR THE PAYMENT WAS MISTAKENLY MADE BY YOU. WE WILL NEVER CALL, EMAIL, TEXT MESSAGE, OR CONTACT YOU TO SPECIFICALLY REQUEST YOUR ACCOUNT INFORMATION, SUCH AS YOUR ACCOUNT NUMBER, DEBIT CARD NUMBER, ONLINE BANKING CREDENTIALS, OR ONLINE BANKING ACCESS CODE. WE HAVE THIS INFORMATION. IF YOU RECEIVE A PHONE CALL, EMAIL, TEXT MESSAGE, OR OTHER DIRECT COMMUNICATION APPEARING TO BE FROM EMPOWER AND REQUESTING YOUR PERSONAL ACCOUNT INFORMATION, IT MAY BE FRAUD. YOU MAY BE LIABLE IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO INITIATE OR AUTHORIZE A PAYMENT IN THESE SITUATIONS, EVEN IF THE REQUEST IS FRAUDULENT OR IF YOU ARE THE VICTIM OF FRAUD. IF YOU THINK YOU MAY BE THE VICTIM OF FRAUD YOU SHOULD CONTACT US IMMEDIATELY. FEES AND CHARGES. There are no charges for using Empower Online Banking and Bill Payment Services, however any fees applicable to your accounts with Empower as set forth on Empower's Fee Schedule will apply. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement. * If you give us your written permission. * As otherwise permitted by law. EMPOWER'S LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, Empower will not be liable: * If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed or the transaction amount would exceed your credit limit on your line of credit, if applicable. * If you used the wrong Online Banking credentials or you have not properly followed any applicable computer, Internet Access or Empower user instructions for making transfer and bill payment transactions. * If your computer fails or malfunctions or the Empower Online Banking Service was not properly working and such problem should have been apparent when you attempted such transaction. * If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction. * If the funds in your account are subject to an administrative hold or any other legal process, such as garnishment, levy, attachment or other claim. * If you have not given Empower complete, correct and current instructions so Empower can process a transfer or bill payment. * If the error was caused by a system beyond Empower's control, such as your Internet Service Provider. * If you fail to notify us of any inaccuracy in any merchant list that has been set up on your account or if you receive notice from a merchant or institution that any payment you have made through the Bill Payment Service remains unpaid and you fail to notify us promptly of that fact. * If the payee was a merchant or institution that you are not permitted to designate. TERMINATION OF EMPOWER FEDERAL CREDIT UNION ONLINE BANKING SERVICE. We may terminate this Agreement and your use of the Empower Online Banking Service if you or any authorized user of your account or Online Banking credentials breach this or any other agreement with us or if we have reason to believe that there has been an unauthorized use of your account or Online Banking credentials. Empower also reserves the right to terminate access to Bill Payment after ninety (90) days of inactivity and Online Banking after one hundred eighty (180) days of inactivity. You can terminate this Agreement by notifying us in writing or calling us. Termination of service will be effective two business days following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
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Sources: Online Banking Agreement