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RCUPAY TERMS OF SERVICE AGREEMENT
Personal Accounts Only

Please note that this RCUpay Terms of Service Agreement (“Agreement”) contains a BINDING ARBITRATION AGREEMENT AND WAIVER OF CLASS AND COLLECTIVE ACTIONS in Section 11 which affects your rights with respect to any claims or disputes by or against Redwood Credit Union. You may opt out of that provision as described in that Section.

By checking the “I Agree” to Terms and Conditions box presented with this Agreement, you agree to accept the terms and conditions of this Agreement, including any amendments or changes to this Agreement. If you do not agree to all of the terms and conditions of this Agreement, close this page and do not check the “I Agree” box. If you do not accept and agree to this Agreement, you will not be entitled to use the Service.

1. INTRODUCTION

Welcome to Redwood Credit Union’s RCUpay service (“RCUpay”), which is a Person to Person Payment Service. This Agreement sets out the terms and conditions on which Redwood Credit Union (“RCU”) will provide, and you may use RCUpay services within Digital Banking.

This Agreement is an addendum to the Digital Banking Terms of Service Agreement (“Digital Banking Agreement”) which is incorporated into this Agreement by reference.

All agreements, disclosures, fee schedules, rules, and regulations applicable to your RCU accounts, including all account agreements, the RCU Membership Account Disclosure (collectively “Account Terms and Conditions”) remain in effect and are made a part of this Agreement by reference, unless specifically modified herein. You agree that by using RCUpay or allowing another to access your RCU account(s) via Digital Banking or RCUpay, that you have received a copy of, and agree to be bound by this Agreement, the Account Terms and Conditions, and the Digital Banking Agreement. In the event there is conflict between this Agreement, and/or the Digital Banking Agreement, and/or the Account Terms and Conditions, the terms of this Agreement shall govern to the extent of such conflict.

Please read this Agreement carefully and keep a copy of it for your records, as this forms a legally binding agreement between you and RCU. By accepting this Agreement and using RCUpay, you hereby agree to these terms and conditions set forth herein.

A. Scope of Service

RCU makes available a variety of tools through Digital Banking. Access to the RCUpay service is made available as a courtesy to you through Digital Banking and gives you the ability to send payments to the RCU accounts of other RCU Members and to other individual’s accounts and your accounts at other financial institutions.

The RCUpay service is not available for business accounts. Only accounts at United States financial institutions are eligible to receive payments through the RCUpay service.

B. Definitions

For the purpose of this agreement, the following definitions apply:

  • “Digital Banking” collectively means RCU’s “Online Banking Service,” which can be accessed through RCU’s public website or “Mobile Banking,” which can be downloaded through the applicable application store and accessed on a mobile device.
  • “Eligible Account(s)” means a deposit account including checking and savings accounts, money market account, or a trust account, as determined by RCU from time to time. Only accounts opened and maintained for consumer purposes can be “Eligible Accounts” for RCUpay.
  • “Payment Instruction” means the information the Sender provides through the Person to Person Payment Service for funds to be sent to the Recipient.
  • “Person to Person Payment Service” means initiating a Payment Instruction from an Eligible Account to send funds to a Recipient’s account at any U.S. financial institution using the Recipient’s email address or mobile number.
  • “RCU”, “we”, “us” or “our” means Redwood Credit Union.
  • “RCUpay” means the Person to Person Payment Service governed by this Agreement.
  • “Recipient” means the person designated by the Sender in the Payment Instruction to receive the funds.
  • “Sender” means to the person who initiates the Payment Instruction through RCUpay.
  • “You” and “your” refer to you as the RCU account owner who agrees to the terms of this Agreement and anyone the account owner allows to use RCUpay.

C. Governing Law

This Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent that there is no applicable federal law or regulation, by the laws of the State of California. To the extent permitted by applicable law, you hereby agree that any legal action regarding this Agreement shall be brought in the county in which RCU’s headquarters office is located.

D. Scope of Services

If you are eligible and in good standing, you may use RCUpay to make one-time and/or recurring payments to other individuals or to your accounts at other financial institutions, subject to the terms of this Agreement. RCUpay is not a bill payment service and is not designed to be used as such. RCU reserves the right to deny your access to RCUpay, or any service associated with Digital Banking, if you are in default of any agreement with RCU as outlined in your Membership Account Disclosure and Digital Banking Agreement.

E. Eligibility

To be eligible to enroll in RCUpay, you must (1) be a U.S. resident and at least eighteen (18) years old; (2) be an RCU Member in good standing; (3) maintain at least one active and in good standing Eligible Account with us; (4) have the authority to authorize debits and credits to the Eligible Account(s) you maintain with us; (5) use and maintain a verified email address in connection with RCUpay; and (6) be enrolled in our Digital Banking service. By using RCUpay, you represent that you meet these eligibility requirements. RCU reserves the right to suspend or terminate your use of RCUpay if at any time you no longer meet these eligibility requirements upon notice as required by law.

F. Fees Related to RCUpay

  • Service fee: RCU does not charge you a fee to use RCUpay. The Recipient’s financial institution may charge a fee for payments sent to the Recipient’s account and RCU has no obligation with respect to any such fees charged by the Recipient’s financial institution.
  • Other fees or charges you may incur: You will be solely and independently responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with RCUpay and/or Digital Banking.
  • Changes: Fees are subject to change from time to time upon notice to you as may be required by law.

G. Security Procedure

In connection with your access and use of RCUpay, you agree to abide by the security procedures established by RCU from time to time as well as the security guidelines set forth in the Digital Banking Agreement.

2. SYSTEM REQUIREMENTS

In order to access and use RCUpay, you must be enrolled in Digital Banking and meet the hardware, software, and operating system requirements set forth in the Digital Banking Agreement.

3. RCUPAY PROCESS

A. RCUpay Process:

RCUpay may be used to complete one-time and/or recurring payments to the accounts of other individuals and to your accounts at other U.S. financial institutions. To use RCUpay, you must log in to Digital Banking through one of the following methods:

  • Mobile device: If using a mobile device, you may log into Digital Banking using our mobile application.
  • Personal computer/tablet or similar computer device: If using a personal computer/tablet or similar computer device, you may log into Digital Banking using RCU’s public website and Digital Banking portal.

Once you have logged in and accessed RCUpay, you will be prompted to submit your Payment Instruction, including but not limited to the following information:

  • The name of the individual to whom the funds will be transferred;
  • The Eligible Account to be debited for the transfer of funds;
  • The dollar amount to be transferred;
  • Select the email or text message as the method you wish to use to initiate a notice of payment to your Recipient and the Recipient’s email address or phone number; and
  • Selection of a security word that will be required for the Recipient to receive the funds to be sent via the Payment Instruction.

If you are scheduling a recurring payment, additional information will be required in the Payment Instruction. See “Recurring Payments” below.

Once you have provided all required information for the Payment Instruction and you submit the Payment Instruction for a one-time transfer of funds, the funds will be debited from the Eligible Account you select. The transaction cannot be canceled or modified once you submit the Payment Instruction. See “Recurring Payments” below for scheduling and debiting from your Eligible Account information.

When you submit a Payment Instruction, including providing information about the Recipient, you (1) authorize us to (a) follow your Payment Instruction and debit the Eligible Account you designate in the Payment Instruction for the full amount of the payment, (b) send the full amount of the payment to the Recipient’s financial institution for credit to the Recipient’s account; and (c) credit the Eligible Account you designate for any unclaimed payments or payments which were canceled because the processing of the Payment Instruction could not be completed; and (2) represent (a) that all information included in the Payment Instruction including, without limitation, the payment amount, email address, or phone number and name of Recipient are accurate and complete; (b) that you have communicated the correct security word to the Recipient for the Recipient to retrieve the funds; and (c) that prior to submitting the Payment Instruction you have, and will continue to have, sufficient available funds in the Eligible Account to transfer the funds to the Recipient.

A notification will be sent to the Recipient’s email or mobile phone number, as entered by you, who is responsible for following the instructions in the notification to accept the funds. The Recipient will have ten (10) calendar days from the date the notification is sent to accept the funds. As part of the acceptance process, the Recipient must input the security word you have selected and which you must separately communicate to the Recipient.

For one-time payments, if the Recipient completes the instructions to accept the funds within ten (10) calendar days of the notification that the funds are available, RCU will transfer the funds to the Recipient’s financial institution for the financial institution to credit to the Recipient’s account. If the Recipient does not accept the funds within ten (10) days of the notification that the funds are available for the Recipient to accept, the transaction will expire, and the funds will no longer be available to the Recipient. RCU may, but is not required to, send multiple notifications to the Recipient that the funds are available. The funds will be deposited back to your Eligible Account by the end of the first (1st) business day following the day the transaction expired. You agree you will not hold us liable for any damages resulting from a Recipient's decision not to retrieve or accept the funds sent by you through RCUpay.

Prior to completing an RCUpay transfer, please ensure that you have sufficient available funds for the transfer of money from your Eligible Account. If your Eligible Account is overdrawn or does not contain sufficient available funds for the RCUpay Payment Instruction prior to the transfer being completed, RCU reserves the right to either reject the Payment Instruction or pay the transaction in accordance with the Payment Instruction by drawing your Eligible Account into the negative. RCU has no obligation to transfer funds for the Payment Instruction from any account other than the Eligible Account that you designate in the Payment Instruction.

You are required to review the Payment Instruction you input and ensure the accuracy of the instructions. Any errors in instructions you provide could result in the transaction being delayed, failing to be completed, or the funds being transferred to the wrong person. See “Your Responsibility for Errors” section of this Agreement for additional information.

B. Recurring Payments

RCUpay may be used to complete recurring payments to other individuals. In order to utilize recurring payments, you must set the frequency of the payment on a set schedule (weekly, bi-weekly, monthly, or quarterly) and the time period for the recurring payment in the Payment Instruction (i.e., no end date (never), ending after a specific number of payments, or ending on a specific date).

Once you establish a recurring payment, you will select a security word to send to your designated Recipient. You must have sufficient available funds in your Eligible Account listed in the Payment Instruction for each recurring payment. In the event you do not have sufficient available funds in your Eligible Account to cover the recurring payment transaction, you will receive an email notifying you that the recurring payment will not be sent and that you will need to resend that specific recurring payment to the designated Recipient through RCUpay when you have sufficient available funds in your Eligible Account. You are responsible for notifying the Recipient that the recurring payment will not be made. We may, but are not obligated to, send a notice to the Recipient that the recurring payment will not be made. If we do send a notice to the Recipient, the notice will tell the Recipient to contact you about the recurring payment that was not sent. You are solely responsible for rescheduling the recurring payment that was not sent and RCU will not attempt to resend the recurring payment at a later time even if there are later sufficient available funds in your Eligible Account to cover the recurring payment that was not made, but future recurring payments will continue according to the frequency schedule set forth in your Payment Instruction for the recurring payment series.

You cannot cancel or make changes to individual recurring payments. You can only cancel or make changes to the entire recurring payment series. To avoid sending the next scheduled recurring payment, you must cancel the entire recurring payment series at least one (1) business day before the day that the next recurring payment is scheduled to be made. Any changes (e.g., amount or schedule) to recurring payments require that you first cancel the recurring payment series through RCUpay and then establish a new Payment Instruction for a new recurring payment to the Recipient. The Recipient will need to accept the new recurring payment with the new security word you select. You are solely and independently responsible for communicating any changes in the recurring payment or its status to the designated Recipient. You understand and agree that the recurring payment amount and schedule and Recipient notification is ultimately your responsibility and RCU is only facilitating your recurring payment request.

C. Transaction Limits:

RCUpay payments that are debited from your Eligible Accounts are subject to ongoing, rolling limits (i.e., limits for a specified time period). Any limits displayed on RCUpay are listed as a courtesy, are not guaranteed, and may change at any time based on your recent account history and overall relationship with RCU. If a transaction exceeds your limit, your Payment Instruction will be denied through RCUpay and you will receive a notice that the Payment Instruction was denied.

Transaction limits may apply to recurring payments. There may be circumstances when RCU does not count the recurring payment transaction towards the limit based on your payment history and additional factors as determined by RCU in our sole and independent discretion.

D. Processing Times

Once an RCUpay Payment Instruction for a one-time payment is submitted, the funds will be immediately debited from the Eligible Account designated in the Payment Instruction. If the Recipient completes the process to accept the funds within the ten (10) calendar day time period, the transfer will be completed to the Recipient’s account at the Recipient’s financial institution within one (1) to three (3) RCU business days. RCU’s business days are Monday through Friday. Weekends and federal holidays are not considered to be business days. Transfers may be processed sooner than one (1) to three (3) business days if the funds are transferred to another RCU account.

Recurring payments will be debited on the scheduled payment date even if the scheduled payment date falls on a weekend date or a RCU holiday.

If the scheduled payment date for the first recurring payment is prior to the expiration of the ten (10) calendar day time period during which the Recipient must accept the recurring payment, your Eligible Account will be debited for the amount of the recurring payment on the scheduled payment date even if the Recipient has not accepted the recurring payment. If the Recipient does not accept the recurring payment, we will credit your Eligible Account for the amount of the payment no later than one (1) business day after the expiration of the ten (10) calendar days.

E. Limitations

All withdrawals through RCUpay must be made with available funds and are subject to the limitations specified in your Membership Account Disclosure. You agree not to initiate any transfer from or to an account that is not allowed under US law or the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of Office of Foreign Assets Control (OFAC) regulations. RCUpay is designed to send money within the United States. RCUpay is not an international or prepaid payment system.

RCU reserves the right to place a hold and/or decline any RCUpay transfer RCU believes, in its sole and independent discretion, may violate applicable law or is the result of suspected fraud.

F. Prohibited Payments

You are not permitted to conduct or attempt to conduct, or receive or attempt to receive, as applicable, the following types of payments through RCUpay and we have the right, but not the obligation, to monitor, block, cancel, and/or reverse such payments:

  1. Payments to or from persons, entities, or accounts located in prohibited territories (including any territory outside of the United States);
  2. Payments (send or receive) that violate any federal or state law, regulation, or local ordinance;
  3. Payments (send or receive) related to a gambling debt, gambling, or gaming activities; any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), and sweepstakes;
  4. Payments (send or receive) for payment or collection of an overdue or defaulted debt;
  5. Payments (send or receive) for court-ordered amounts such as alimony or child support;
  6. Payments (send or receive) that violate the terms of this Agreement or the Digital Banking Agreement;
  7. Send payments for tax payments;
  8. Receive payments for an amount owed to someone other than you.
  9. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass, or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent, or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  10. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes, or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services;

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to any charity or non-profit organization unless we have performed appropriate due diligence on and an investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our independent contractors or other third parties to whom we assign, or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted, or misdirected prohibited payments will be your sole responsibility and not ours.

G. Your Representations and Agreements When You Submit a Payment Instruction or Receive a Payment.

When you submit a Payment Instruction, or receive a payment as applicable below, you represent and warrant to us, third party service providers, and to the Recipient’s financial institution that:

  1. You are authorized to submit the Payment Instructions and hereby authorize RCU to initiate the transfer in accordance with the Payment Instruction and such authorization is operative at all relevant times, including without limitation, at the time you complete and initiate the Payment Instruction and at the time of transmittal or debiting of your account by us.
  2. You have sufficient available funds in the applicable Eligible Account to make any payment you request that RCU makes on your behalf through RCUpay. You understand and agree RCU is not liable under any circumstances for any losses or damages if, through no fault of RCU’s, you do not have sufficient available funds to make the payment and the payment is not completed or is later reversed or if the Recipient’s financial institution does not permit the transfer of the payment.
  3. All Recipient Information you have submitted through RCUpay is accurate and complete in all respects.
  4. When you submit a Payment Instruction or receive a payment you agree:
    1. that neither we nor the financial institutions receiving the Payment Instruction or payment have a duty to verify the Recipient information (and any other information) provided or investigate any discrepancies between account names and account numbers.
    2. that, if the Payment Instruction identifies an account by name and account number (whether the Sender’s account or the Recipient’s account), we or the relevant financial institution may, in our/its discretion, complete the payment by reference to the account number only, even if such account number does not correspond to the account name.
    3. that it is your sole responsibility to notify us as soon as possible if you become aware of any mistakes in the information submitted.
    4. that you will only submit Payment Instructions and receive payments for lawful purposes.
    5. that you will not conduct or attempt to conduct or receive the Prohibited Payments described under the “Prohibited Payments” section of this Agreement, and that we are under no obligation to monitor, block, cancel, or revise such Prohibited Payments.
    6. that the Recipient’s account (or your account, if you are the Recipient) is in good standing with the Recipient’s or your financial institution.
    7. to pay any fees charged by us for payments or transfers, or receiving payments or transfers through RCUpay, and you agree to hold us harmless for any such fees.
    8. agree not to initiate or receive payments or transfers to or from an account that are not allowed under the rules and regulations applicable to that account, including, without limitation, Federal Reserve Regulation D, and rules or regulations intended to prevent the transfer of funds in violation of OFAC regulations.
    9. agree to all NACHA Operating Rules for payments made via ACH
    10. agree to perform all of your obligations under the Digital Banking Agreement and all Account Terms and Conditions.

H. Authorization

You hereby authorize RCU to select any means RCU deems suitable to provide your Payment Instruction to the Recipient’s financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks, and any other organizations. You hereby agree to be bound by the rules and regulations that govern the applicable payment systems including Automated Clearing House (ACH) as published by the National Automated Clearinghouse Association (NACHA). RCU shall make all reasonable efforts to ensure that your Payment Instructions are processed on time; however, we reserve the right to hold funds beyond the normal period and if any dividends are earned, it will be the property of RCU.

I. Responsibility for Errors

You understand RCU must rely on the Payment Instructions provided by you and the information provided by the Recipient, and you authorize RCU to act on any Payment Instruction which has been, or reasonably appears to have been sent by you and the information provided by the Recipient, to submit Payment Instructions on your behalf. You understand financial institutions receiving the Payment Instructions and information provided by the Recipient may also rely on such information. RCU is not obliged to take any further steps to confirm or authenticate such instructions and information and will act on your instructions and the Recipient’s information without obtaining further confirmation. You understand if you or the Recipient provides RCU with incorrect instructions or information, or if there is any error in your or your Recipient’s instructions or information, RCU will make all reasonable efforts to reverse, modify, and/or delete such Payment Instructions, but you and your Recipient accept full responsibility for losses resulting from any of your or your Recipient’s errors, duplication, ambiguities, or fraud in the instructions or information that you or the Recipient provide to RCU.

If your RCUpay Payment Instructions identify the Recipient’s account holder by name and account number, the Recipient’s financial institution may execute those Payment Instructions by reference to the account number only, even if the account number does not correspond to the account holder’s name. You further understand such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree RCU has no responsibility to investigate discrepancies between account holder names and account numbers.

You hereby agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, RCU reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

In case of errors or questions about your payments, you agree to contact RCU immediately. Please see the “How to Contact Us” section at the end of this Agreement.

RCU is not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of financial institutions holding the account the funds are transferred to. Although RCU will try to assist you and your Recipient in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant financial institution. Any rights you or the Recipient may have against a financial institution for such errors, delays, or other problems are subject to the terms of the agreements the Recipient has with such financial institution, including any time limits during which complaints must be made.

You understand that RCUpay is a Person to Person Payment Service and sending funds through RCUpay is like sending cash. In most circumstances, funds are not able to be recovered after being sent to and claimed by the Recipient.

J. Authorized Users

If you authorize another person to access your accounts through Digital Banking and provide that person with your username and password or mobile device passcode, you are authorizing that person to use Digital Banking to review all of your account information and make account transactions, including RCUpay transactions, regardless of any limits to which you and the authorized user have agreed. You are responsible for any transactions that person makes. RCU is not subject to agreements between you and other people limiting their use of your Digital Banking access or RCUpay. For example, if you give your friend your username and password or mobile device passcode in May and tell her to use it to complete a single RCUpay transfer, and she later accesses your account in November and uses RCUpay to transfer funds to herself, the November transaction is considered authorized by you.

If you authorize anyone to use your account in Digital Banking in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying RCU and changing your username, passwords, and challenge questions immediately. You remain liable for any use of your username and password that occurs before you tell RCU to cancel them and RCU has a reasonable amount of time to act on such cancellation.

K. Texts and Emails

By using RCUpay, you understand you will be initiating a mobile text message or email to the Recipient using an automated system. You are responsible for obtaining the recipient’s consent for initiating the mobile text message or email address and agree you will not complete the transaction without the recipient’s consent. You agree that in the event a text message is delayed or undelivered, the wireless provider is not liable or responsible. Message and data rates may apply for any messages sent and received by you. If you have any questions about your text plan or data plan, please contact your wireless provider.

L. Cancellation and Disputes

Once the Payment Instruction is submitted, the RCUpay transfer cannot be canceled. You understand you are fully responsible for RCUpay transfers submitted or authorized by you, even if you later change your mind or enter into a dispute with your Recipient, such as for misrepresentations or failure to deliver promised goods or services. RCU strongly encourages you to only initiate Payment Instructions for RCUpay transfers with people you know and trust.

M. Personalization

As part of your use of RCUpay, you may have the ability to include personalized messages to the Recipient. The personalized phrases you use in RCUpay may not contain any offensive or obscene language.

N. Disclosure of Account Information to Third Parties

We may disclose information to third parties about your account or the funds you send or receive:

  • As necessary to complete transactions;
  • In connection with the investigation of any claim related to your account or the funds you send or receive;
  • To comply with government agency or court orders, or other legal requirements.
  • In accordance with your written permission;
  • As otherwise permitted by the terms of our Privacy Policy, which is incorporated herein by reference.

O. Documentation

You may access a history of all RCUpay transfers through your transaction history displayed in Digital Banking, under the Move money tab, click RCUpay, and then history, or on your account statement.

4. LIABILITY

A. Our Liability

If RCU does not complete a transaction on time, or in the correct amount according to your instructions, or if RCU causes funds from an account to be paid to any account other than the account specified in the RCUpay Payment Instruction, RCU’s sole liability and responsibility for an error in any transaction will be to correct the error. RCU is not responsible or liable if Recipient’s financial institution’s system fails and RCU is unable to complete the payment. RCU SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. EXCEPT AS OTHERWISE REQUIRED BY LAW, RCU SHALL IN NO OTHER EVENT BE LIABLE FOR ANY LOSSES AND DAMAGES OTHER THAN THOSE ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON RCU’S PART.

B. Limitation of Liability for Failure of RCUpay

RCUpay is generally available twenty-four (24) hours a day, seven (7) days a week, although the system may be unavailable from time to time for scheduled or unscheduled maintenance or for reasons beyond RCU’s control. You agree RCU shall not be responsible for property damage or loss, whether caused by the equipment, software, RCU, another financial institution, Internet access providers, online service providers, or by an agent or subcontractor of any of the foregoing. Except as otherwise required by law, RCU or any service providers we use to offer RCUpay will not be responsible for any direct, indirect, special, punitive, consequential, economic, or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, RCUpay, Internet browser, or access software. In states that do not allow the exclusion or limitation of such damages, RCU’s liability shall be limited to the extent permitted by applicable law. In no event will RCU be liable for any of the following:

  • If, through no fault of RCU’s, your account is inactive.
  • If you used an incorrect username and password, or you have not properly followed any applicable computer or RCU user instructions for making an RCUpay transfer.
  • If your mobile device fails or malfunctions or RCUpay was not properly working, and such problem should have been apparent when you attempted such transaction.
  • If circumstances beyond RCU’s control (e.g., fire, flood, telecommunication outages or strikes, pandemic, equipment, or power failure) prevent making the transaction.
  • If the funds in your account are subject to an administrative hold, legal process, or other claim.
  • If you have not given RCU complete, correct, and current instructions so RCU can process a payment.
  • There may be other exceptions stated in either this Agreement or RCU’s Membership Account Disclosure.

C. Limitation of Warranty and Liability

Except as described in this Agreement or pursuant to applicable law, RCU will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from the use of or the inability to use RCUpay; any inaccuracy of any information or amount retrieved by RCU from the accounts; any breach of security caused by a third party; any transactions entered into based on RCUpay; any loss of, unauthorized access to, or alteration of a user's transmissions or data; or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

5. CHANGE IN TERMS

RCU reserves the right to change the terms and conditions under which RCUpay is offered at our sole and absolute discretion at any time; however, RCU will notify you of any material change to the terms and conditions in accordance with applicable law. In most cases, you will receive the notice online the next time you log into Digital Banking; however, RCU reserves the right to notify you by email or by conventional mail at our sole and absolute discretion. You agree that if you continue to use RCUpay after RCU notifies you of any change, you thereby accept the changes to the terms and conditions and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the terms and conditions, you will not be eligible to utilize RCUpay, and if you do not agree to the changes, you agree that you will not use RCUpay. If you do not agree to the changes, or if at any time you wish to discontinue your use of RCUpay, please contact RCU directly using the “How to Contact Us” section at the end of this Agreement.

6. UNAUTHORIZED TRANSACTIONS

Your Liability for Unauthorized Use

Tell us AT ONCE if you believe that your RCUpay security word or security credentials have been lost, stolen, or if you believe than an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your security word or security credentials, you can lose no more than $50 if someone used your security word or security credentials without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your security word or security credentials, and we can prove we could have stopped someone from using your security word or security credentials without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not notify RCU within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after sixty (60) days if RCU can prove that RCU could have stopped someone from taking the money if you had notified RCU in time.

If a good reason (such as a long trip or a hospital stay) kept you from notifying RCU, RCU may extend the time periods.

7. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC PAYMENTS

If you believe an electronic payment (including RCUpay) shown on your statement is wrong, or if you need more information about a payment, contact RCU at the telephone number or address listed under the “How to Contact Us” section at the end of this Agreement. Please be prepared to provide all the information requested under the Section entitled “What to Tell Us in Case of Any Error or Inquiry” at the end of this Agreement.

We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1 (800) 479-7928 or writing us at PO Box 6104 Santa Rosa, CA. 95406. If you notify RCU, in person or over the phone RCU may require that you send RCU your complaint and/or question in writing within ten (10) business days. RCU will provide you the results of RCU’s investigation within ten (10) business days (twenty [20] business days for new accounts) after you notify RCU and will correct any error promptly. A “new account” is considered an account that has been opened thirty (30) days or less.

If RCU needs additional time to review your complaint and/or question, RCU may take up to forty-five (45) days (ninety [90] business days for transactions involving foreign countries or new accounts) to investigate your complaint and/or question. If this applies to your situation, RCU will re-credit your account within ten (10) business days (twenty [20] business days for new accounts) for the amount you think is in error, so you will have use of the money during the time it takes RCU to complete our investigation.

If RCU asks you to put your complaint and/or question in writing and RCU does not receive it within ten (10) business days, RCU may not re-credit your account.

RCU will send you a written explanation of the results of our investigation within three (3) business days after RCU completes our investigation. You may ask for copies of the documents RCU used in our investigation. If RCU decides to reverse a provisional credit, RCU will notify you, and will pay any items that overdraw your account for five (5) business days after RCU sent you this notice without imposing an overdraft fee, but only to the extent the overdrafts are equal to or less than the amount of the provisional credit RCU deducted from your account. If any item overdraws your account by more than the amount of the provisional credit, you will be charged an overdraft fee. You agree to immediately restore to RCU the amount of any overdraft on your accounts.

What to Tell Us in Case of Any Error or Inquiry:

  • Your name;
  • Your Member (account) number;
  • Describe the error or the payment about which you are unsure;
  • Explain, as clearly as you can, why you believe there is an error;
  • The dollar amount;
  • The date on which the payment in question occurred; and
  • Your daytime telephone number.

8. MISCELLANEOUS

You hereby agree to comply with all applicable laws, rules, and regulations in relation to RCUpay. RCU makes no representation that content or use of RCUpay is available for use in locations outside of the United States.

You agree not to use RCUpay or the content or information delivered through RCUpay in any way that would (a) infringe any third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve gambling, involve the sale of counterfeit or stolen items, or use RCUpay to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation; (d) be false, misleading, or inaccurate; (e) create liability for RCU or its affiliates or cause RCU to lose (in whole or in part) the services of any third party providers; (f) be defamatory, trade libelous, threatening, or harassing; (g) potentially be perceived as obscene or pornographic or contain child pornography or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks or infect the computer networks with viruses; (i) interfere with or disrupt the use of RCUpay by any other party; (j) gain unauthorized entry or access into RCU’s computer systems; or (k) result in the resale or making of any commercial use of RCUpay.

RCUPAY AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING RCU’S EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, RCU CANNOT AND DOES NOT WARRANT THAT ALL DATA TRANSFERS WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS. YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATION, AND OPERATION OF YOUR COMPUTER AND MOBILE DEVICE(S). NEITHER RCU NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.

9. INDEMNITY

You agree to indemnify, defend, and hold RCU, third-party service providers, and the Recipient’s or your other financial institution (whether you are the Sender or the Recipient in the transaction) harmless (by counsel of RCU’s choosing) from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of your use of RCUpay, any negligent or intentional action or inaction, and/or any breach of this Agreement, and/or all actions or inactions of the Recipient. You hereby agree that this Section shall survive the termination of this Agreement.

10. HOW TO CONTACT US:

You may contact RCU as follows:

  • Email:
    • Secure Email: in digital banking, click on the “Messages” option
    • General Email: www.redwoodcu.org - click on “Contact Us”
  • Phone: local - (707) 545-4000 or toll-free - 1 (800) 479-7928
  • Mail: Redwood Credit Union, PO Box 6104, Santa Rosa, CA 95406-0104

11. ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL

Please read this Arbitration Agreement and Waiver of Class and Collective Actions (“Arbitration Agreement”) carefully. If you do not timely opt-out as permitted below, it affects your rights and may have a substantial impact on how legal claims and disputes between you and the Credit Union are resolved.

AGREEMENT TO ARBITRATE CLAIMS

This Arbitration Agreement is effective upon the sixty-first (61st) day after the first time we provide it to you (“Effective Date”) unless you opt-out in accordance with the requirements of the YOUR RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT provision below. We reserve the right to make changes to this Arbitration Agreement. We will provide you with notice of any change as required by law. However, if we believe we are making changes that are to your benefit or are simply providing you with additional information about arbitration and/or this Arbitration Agreement, you agree that any such changes will not provide you with any new right to opt-out, unless otherwise provided under applicable law.

You and the Credit Union agree that binding arbitration may be elected by either you or the Credit Union with respect to any past, present, or future dispute, claim, or controversy above the small claims jurisdictional limit arising out of or relating to the RCUpay Terms of Service Agreement, Membership Account Disclosure, and/or any Credit Union account, product, or service governed by the Digital Banking Wire Services Terms of Service Agreement ,even if the claim, dispute, or controversy arises out of, affects, or relates to conduct that occurred prior to the Effective Date of this Arbitration Agreement, and even if the other party has already initiated a lawsuit.

How is arbitration elected?

Arbitration is elected by one party making a written demand for arbitration to the other party, by filing a motion to compel arbitration in court, or by initiating arbitration against the other party. You and the Credit Union agree, upon such written demand, motion, or initiation, to submit to, and that such claim shall be settled by, binding arbitration.

What if the claim amount falls within small claims court jurisdiction?

Neither party will demand the arbitration of an action properly filed in small claims court, or its state’s equivalent court, or for any claim or dispute within the scope of the small claims court’s jurisdiction. But if a claim is transferred, removed, or appealed to a different court, such claim shall be subject to binding arbitration.

What rules will govern the arbitration action?

The arbitration will be subject to the rules of the American Arbitration Association (“AAA”) for consumer disputes in effect at the time the arbitration is initiated, or such similar rules as may be adopted by AAA (“Rules”). If there is any conflict between the Rules of the AAA and this Arbitration Agreement, then this Arbitration Agreement will control to the extent of the inconsistency. If the AAA is unavailable to resolve a claim or dispute, and if you and the Credit Union do not agree on a substitute forum, then the Credit Union can select the arbitration forum for the resolution of the claim or dispute. For more details and to obtain a copy of AAA’s Rules and arbitrator rosters, check the American Arbitration Association’s website, www.adr.org, or call the American Arbitration Association’s Customer Service telephone number at (800) 778-7879.

The arbitration shall be conducted before a single arbitrator appointed by the AAA. The arbitrator shall be an attorney, retired judge, or AAA panel member, with experience and knowledge regarding financial institutions and transactions.

What are the basic distinctions between arbitration and court proceedings?

There is no judge or jury in an arbitration proceeding, and the appellate rights of both parties are more limited than in court. All statutes of limitations or other defenses relating to the timeliness of the assertion of a dispute or claim that otherwise would be applicable to an action brought in a court of law must be followed by the arbitrator, and the commencement of an arbitration under this Arbitration Agreement shall be deemed the commencement of an action for such purposes. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator’s decision shall be final and binding and may be entered in any state or federal court having jurisdiction. Except as provided under applicable law, the arbitrator’s award is not subject to review by a court, and it cannot be appealed. Any claims and defenses that can be asserted in court can be asserted in arbitration. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court, including public injunctive relief under the California Consumer Legal Remedies Act and Unfair Competition Law.

How are arbitration fees and costs allocated?

The filing, administration, and arbitrator fees imposed on you and/or the parties by the AAA pursuant to this Arbitration Agreement shall be paid by the Credit Union. Each party shall be responsible for and pay their respective costs, including attorneys’ fees, incurred by them in preparing and presenting their cases during the arbitration proceedings, regardless of who prevails.

Where will the arbitration be held?

Arbitration hearings will be held in a location reasonably convenient to your residence, or at another location if mutually agreed, but if personal attendance is burdensome or not feasible for you, the Credit Union will not object to you choosing to have your claims handled via telephone or other medium allowing for remote access to hearings and proceedings if otherwise allowable by the AAA and/or under the Rules.

What rights and or claims are not affected by this Arbitration Agreement?

This Arbitration Agreement does not preclude you from bringing claims regarding the Membership Account Disclosure and/or your accounts, products, or services governed thereunder to the attention of any federal, state, or local government agency, or entity. Such agency or entity may be able to seek relief on your behalf.

Nothing in this Arbitration Agreement shall limit your or the Credit Union’s right, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to apply to a court of competent jurisdiction to obtain provisional remedies (including, but not limited to, applying for injunctive relief, a temporary restraining order, a temporary protective order, an attachment order, or any other pre-judgment remedies) or interpleader relief. The exercise of such rights will not constitute a waiver of the right to submit to arbitration any dispute regarding the Membership Account Disclosure.

This Arbitration Agreement will not apply to any disputes involving a consumer loan secured by real estate, or a consumer loan we provide you to the extent you and/or a co-borrower are “covered borrowers” under the Military Lending Act on such loan.

Will this Arbitration Agreement survive if your relationship with the Credit Union changes?

This Arbitration Agreement shall survive your death, the closing of any of your accounts, the termination of any product or service, or of your business or transaction(s) with us, or any bankruptcy filing to the extent consistent with applicable bankruptcy law and shall also survive as to any claim within the scope of the Membership Account Disclosure.

What law will govern the enforceability of this Arbitration Agreement?

Notwithstanding anything to the contrary in the Membership Account Disclosure, this Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and shall be interpreted and enforced in accordance with the FAA to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the claim or dispute at issue. Any issue concerning whether or the extent to which a dispute or claim is subject to arbitration, including issues relating to the validity or enforceability of this Arbitration Agreement, shall be determined by the arbitrator. Only a court, and not an arbitrator, however, shall determine the validity and effect of the waiver of class and collective actions below.

If any term or provision of this Arbitration Agreement is held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision.

WAIVER OF CLASS AND COLLECTIVE ACTION AND WAIVER OF JURY TRIAL FOR CLAIMS SUBMITTED TO ARBITRATION

YOU AND THE CREDIT UNION EACH EXPRESSLY INTEND AND AGREE THAT ANY AND ALL CLAIMS SUBMITTED TO ARBITRATION MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND HEARD SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS ACTION OR OTHER PURPORTED OR ACTUAL COLLECTIVE ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. WITH RESPECT TO ALL SUCH ARBITRABLE CLAIMS, YOU HEREBY AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, OR LITIGATE ON A CLASS-WIDE BASIS OR ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. YOU AND THE CREDIT UNION HEREBY VOLUNTARILY AND KNOWINGLY ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ALL DISPUTES, CONTROVERSIES, AND CLAIMS SUBMITTED TO ARBITRATION, ALL PARTIES ARE WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. THE PARTIES ANTICIPATE THAT BY ENTERING INTO THIS AGREEMENT, THEY WILL GAIN THE BENEFITS OF A SPEEDY AND LESS EXPENSIVE DISPUTE RESOLUTION PROCEDURE.

YOUR RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT

IF YOU DO NOT WANT THIS ARBITRATION AGREEMENT TO APPLY TO THE MEMBERSHIP ACCOUNT DISCLOSURE AND/OR YOUR ACCOUNTS, PRODUCTS, OR SERVICES GOVERNED THEREUNDER, YOU MAY OPT-OUT BY SENDING A WRITTEN REQUEST TO THE CREDIT UNION POSTMARKED WITHIN SIXTY (60) DAYS OF THE FIRST TIME YOU RECEIVE THIS ARBITRATION AGREEMENT. THE OPT-OUT MUST INCLUDE YOUR FULL NAME, ADDRESS, TELEPHONE NUMBER, ACCOUNT NUMBER AND PERSONAL SIGNATURE, AND MUST BE MAILED TO THE CREDIT UNION AT PO Box 6104, Santa Rosa, CA 95406. OPTING OUT WILL NOT TERMINATE THE MEMBERSHIP ACCOUNT DISCLOSURE OR AFFECT ANY OTHER RIGHTS OR OBLIGATIONS YOU OR THE CREDIT UNION HAVE UNDER THE MEMBERSHIP ACCOUNT DISCLOSURE. IF YOU DO NOT OPT-OUT AS PROVIDED ABOVE WITHIN SIXTY (60) DAYS, YOU UNDERSTAND AND AGREE THAT THIS ARBITRATION AGREEMENT SHALL BE BINDING ON YOU AND THE CREDIT UNION.