Legal Information

Bulkley Valley Credit Union - MemberDirect® AGREEMENT

This Agreement (the "Agreement") outlines the terms and conditions governing Your use of Direct Services (defined below) and Mobile Payment Services (defined below). The Financial Institution does not offer Direct Services or Mobile Payment Services other than in accordance with these terms and conditions. By requesting and using Direct Services or Mobile Payment Services You acknowledge Your acceptance of these terms and conditions.

In consideration of the Financial Institution providing access to any of Your Accounts using Direct Services or Mobile Payment Services You agree as follows:

PFM SCHEDULE FOR CONSENT AND DISCLOSURE FOR PFM SERVICE ("PFM SPECIAL TERMS")

  1. ACCEPTANCE OF PFM SERVICE SPECIAL TERMS

    You acknowledge Your acceptance of these PFM Special Terms such that they form and are part of this Agreement - Personal Accounts (the "Agreement"). The Financial Institution does not offer Direct Services for Personal Accounts other than in accordance with these terms and conditions.

    If there is more than one Depositor in respect of the Account, or multiple holders of the External Account, You expressly accepting these terms hereby warrants and represent to the Financial Institution that such Depositor has the lawful, express, and actual authority of all other Depositors on the Account, or holders of the External Account, and each of them:

    1. to consent to the use of all and each of Your personal information for purposes of the provision and use of PFM Services; and
    2. to acknowledge, accept and agree to be bound by the terms of the Agreement and these PFM Special Terms, including Schedule I to the PFM Special Terms, so as to form a valid and binding agreement as between all of You and the Financial Institution.

    You expressly accepting these terms do so on behalf of all persons being the Depositor and understand that these representations and warranties, and acceptance of these terms, will be relied upon by Us in providing PFM Services. You expressly accepting these terms understand that if these representations and warranties are untrue it may cause loss, harm and damage to Us for which the Depositor is responsible. You expressly accepting these terms hereby agree to indemnify and hold Us harmless from any loss, damage, costs, including reasonable legal fees, claims or other harm that may be suffered as a result of Our reliance upon these representations and warranties.

  2. PERSONAL FINANCIAL MANAGEMENT ACCOUNT LINKING CONSENT

    You understand that the Personal Financial Management tool and account linking service, defined in the Agreement as the "PFM Service", is being offered through Your Financial Institution in coordination with Central 1 Credit Union ("Central 1") and by Yodlee Inc. ("Yodlee") and that it is an express requirement of Yodlee that if You wish to subscribe, access, or use the PFM Service that You must consent to amendments and incorporation of certain terms to the Agreement with the Financial Institution as more particularly set forth in the Mandatory Provisions for Customer Agreement as set forth in the Schedule I below, (the "Mandatory Provisions"). You understand that subscription to the PFM Service, whether by linking Accounts at the Financial Institution alone or with External Accounts at Third Party institutions will require that You share certain otherwise confidential and personal information to engage the PFM Service.

  3. PFM DISCLOSURE OF ACCESS CODE AND CONFIDENTIAL INFORMATION TO LINKED

    You authorize the Financial Institution, Central 1, and their respective agents, representatives, and service providers, (collectively referred to solely for purposes of this PFM Special Terms as the "F.I. Affiliates") as well as Yodlee, to collect, use, and disclose Your personal information, including Your personal access codes, in order to link the External Accounts to Your Account with the Financial Institution, and periodically access the External Accounts to update Your personal information and to perform data analytics on all linked accounts to present information and reports to You and make available to You and Your Financial Institution, a personal financial management summary of all of Your linked accounts and transactions thereon. Notwithstanding the foregoing, this provision shall not be deemed to in any way diminish Your duties and responsibilities to personally access and review the External Accounts and to otherwise comply with the agreements in place with Third Parties holding those External Accounts, nor shall any right of access to information granted by You pursuant to this Agreement create any obligation on the part of the Financial Institution, Central 1, or the PFM Service provider to monitor or warn You of any unusual or unauthorized account activity on any Account or any External Accounts. You understand that the institutions holding Your External Accounts may prohibit disclosure of Your personal access codes, and that it is Your responsibility to confirm that Your personal access codes can be disclosed to Yodlee for the purpose of linking the External Accounts. This will not be confirmed by Us, the F.I. Affiliates, or Yodlee.

  4. PFM SERVICE DISCLAIMER

    You confirm that You are permitted to link Your External Accounts, and You accept all risk associated with the linking of Your Financial Institution Account to Your External Accounts, including all risk associated with disclosure of Your personal access codes. You agree and acknowledge that the Financial Institution or any F.I. Affiliate is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from linking Your Financial Institution Account with Your External Accounts, or arising from disclosure of Your personal access codes for purposes of linking Your External Accounts, to the extent permitted by law, subject to the Financial Institution or F.I. Affiliate being liable for the consequences of their own act and that of their representatives.

  5. MARKETING CONSENT FOR PFM SERVICE

    You understand that if You have previously provided to the Financial Institution a marketing consent to receive promotional offers, then the Financial Institution, and its agents, representatives, and service providers will use the information from Your linked accounts to provide promotional and marketing information to You.

  6. UNSUBSCRIBE FROM PFM SERVICE

    You can withdraw Your consent for the collection, use, and disclosure of Your personal information at any time by contacting the Financial Institution. If You withdraw Your consent, the Financial Institution may no longer be able to provide certain services, including, but not necessarily limited to PFM Services. You understand that certain additional integrated services offered by Us may no longer be available.

  7. ASSET/LIABILITY CONSENT

    YOU UNDERSTAND THAT THE PFM SERVICE CAN KEEP TRACK AND PROVIDE YOU WITH COMPREHENSIVE SPECIFIC ANALYSIS OF YOUR FINANCIAL SITUATION ONLY IF YOU KEEP SUCH INFORMATION COMPLETE AND CURRENT AND THAT IF YOU DO NOT DO SO, THAT THE REPORTS AND ANALYTICS PERFORMED AS PART OF THE PFM SERVICE WILL BE INCOMPLETE AND MAY CONTAIN ERRONEOUS INFORMATION. YOU AUTHORIZE THE FINANCIAL INSTITUTION AND THE F.I. AFFILIATES TO COLLECT, USE, AND DISCLOSE YOUR PERSONAL INFORMATION IN ORDER TO ADD, MODIFY, OR DELETE REFERENCE TO THE ASSET(S) OR LIABILITY(IES) TO YOUR ACCOUNT WITH THE FINANCIAL INSTITUTION, WHETHER IN THE FUTURE OR THE PAST. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR KEEPING YOUR ASSET AND LIABILITY INFORMATION CURRENT.

SCHEDULE I - MANDATORY PROVISIONS FOR CUSTOMER AGREEMENT

  1. PROVIDE ACCURATE INFORMATION

    You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

  2. PROPRIETARY RIGHTS

    You are permitted to use content delivered to you through the PFM Service only on the PFM Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the PFM Service technology, including, any Java applets associated with the PFM Service.

  3. CONTENT YOU PROVIDE

    You hereby grant to the Financial Institution and its service providers, including Central 1 and Yodlee Inc. (collectively, "Service Providers") a license to use any information, data, passwords, materials or other content (collectively, "Your Content") that you provide through or to the PFM Service for the following purposes:

    1. to provide the PFM Service to you;
    2. to provide you with access to Your Content through other similar services provided by Yodlee Inc. to other financial institutions; and
    3. to provide those other financial institutions with information regarding all of the accounts that you have registered with the PFM Service so that they may use the information to provide or offer additional or complementary services to you (collectively, the "Permitted Purposes").

    The Financial Institution and Service Providers may use, modify, display, distribute and create new material using Your Content for the Permitted Purposes. By submitting Your Content, you automatically agree, or promise that the owner of Your Content has expressly agreed, that, without any particular time limit and without the payment of any fees, the Financial Institution and Service Providers may use Your Content for the Permitted Purposes. As between the Financial Institution and Service Providers, the Financial Institution owns your confidential account information.

  4. THIRD PARTY ACCOUNTS

    By linking an External Account to the PFM Service, you authorize the Financial Institution and Service Providers, on your behalf, to access the applicable Third Party site to register the account for use by you in connection with the PFM Service and to retrieve data regarding the account for use by you as part of the PFM Service.

    For the foregoing purposes, you hereby grant to the Financial Institution and Service Providers a limited power of attorney, and you hereby appoint each of the Financial Institution and Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Third Party sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite 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 ACKNOWLEDGE AND AGREE THAT WHEN THE FINANCIAL INSTITUTION OR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM A THIRD PARTY SITE, THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY THAT OWNS OR OPERATES THE THIRD PARTY SITE. You agree that Third Party account providers and site operators will be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the PFM Service is not endorsed or sponsored by any Third Party account providers accessible through the PFM Service.

  5. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • YOUR USE OF THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE IS AT YOUR SOLE RISK. THE PFM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    • THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS MAKE NO WARRANTY THAT:
      1. THE PFM SERVICE WILL MEET YOUR REQUIREMENTS;
      2. THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
      3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE;
      4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS; OR
      5. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FINANCIAL INSTITUTION OR A SERVICE PROVIDER THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  6. LIMITATION OF LIABILITY

    YOU AGREE THAT NEITHER THE FINANCIAL INSTITUTION NOR ANY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR OTHER HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE FINANCIAL INSTITUTION OR THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

    1. THE USE OR THE INABILITY TO USE THE PFM SERVICE;
    2. THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
    3. ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PFM SERVICE;
    4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    5. STATEMENTS OR CONDUCT OF ANYONE ON THE PFM SERVICE;
    6. THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE FINANCIAL INSTITUTION OR THE SERVICE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
    7. ANY OTHER MATTER RELATING TO THE PFM SERVICE.
  7. INDEMNIFICATION

    You agree to protect and fully compensate the Financial Institution and each Service Provider and their affiliates from any and all Third Party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from your use of the PFM Service, your violation of these terms or any infringement, by you or any other user of your account, of any intellectual property or other right of anyone.

  8. YODLEE

    You agree that each Service Provider is a Third Party beneficiary of the above provisions, with all rights to enforce such provisions as if the Service Provider were a party to this Agreement.