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Online Banking and Mobile Banking Terms & Conditions


SCCU.COM ONLINE BANKING SERVICES AGREEMENT AND DISCLOSURES

This SCCU.com Online Banking Services Agreement and Disclosure ("Agreement") is the contract that covers your and our rights and responsibilities concerning the SCCU.com Online Banking Services offered to you by Space Coast Credit Union (“SCCU,” “the Credit Union”). The SCCU.com Online Banking Services permit you to electronically initiate account transactions involving your accounts and communicate with the Credit Union. By selecting the “I Agree” button at the end of this Agreement or using the SCCU.com Online Banking Services, you agree to the terms and conditions of this Agreement and any amendments thereto.
This Agreement governs the Terms and Conditions relating to the following (collectively, the “SCCU.com Online Banking Services” or “Services”):
  • Online Banking Service.
  • Mobile Banking Service and Mobile Deposit Capture Service.
  • Bill Payer Service and Expedited Payment Service.
  • Account to Account Transfer Service.
  • P2P (Person-to-Person) Payments Service.
  • Quicken® Direct Connect Service.
  • Personal Finance Management (PFM) Service.

I.          GENERAL TERMS
The terms contained in this Article I shall apply to all SCCU.com Online Banking Services.

A.        Definitions
  • “Account” means any one or more accounts you have with the Credit Union.
  • "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
  • "Affiliates" mean companies related by common ownership or control.
  • "Biller" is the person or entity to which you wish a bill payment to be directed under the Bill Payer Service or is the person or entity from which you receive electronic bills, as the case may be.
  • "Business Day" means every Monday through Friday, excluding Federal Reserve holidays.
  • "Credit Union" or "SCCU" refers to Space Coast Credit Union, including its agents and service providers.
  • "Deposit Account" means a checking account, savings account, or money market account.
  • "Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
  • "Member Agreement" means collectively the Space Coast Credit Union Membership/Account Application and Agreement and any other account information provided to you by SCCU from time to time.
  • “P2P (Person-to-Person) Payments,” “P2P,” “P2P Payments” or “P2P Service” means the service powered by PayPal allows you to send funds to an outside e-mail or cell phone number.
  • P2P Transfermeans an electronic movement of funds from your account to another party by means of the P2P (Person-to-Person) Payments Service offered within online banking.
  • "Payment Instruction" is the information provided by you to us for a bill payment to be made to the Biller via the Bill Payment Service (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
  • "Recipient Account" is the account to which your funds will be credited via the Account to Account Transfer Service.
  • "Remote Device" means a remote device such as a mobile phone or tablet which includes a camera or other functionality or feature capable of capturing and transmitting images.
  • "Scheduled Payment" is a payment that has been scheduled through the Bill Payer Service but has not begun processing.
  • "Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your designated payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
  • "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the services to you on our behalf.
  • "Site" means SCCU.com.
  • "Substitute Check" means a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC.
  • "Transaction Account" is the Account from which your funds will be debited, your fees will be automatically debited, or to which funds will be returned, as related to the Account to Account Transfer Service or the P2P Service.
  • "Transfer Instruction" is the information provided by you to the Account to Account Transfer Service for a transfer of funds to a Recipient Account.
  • "You" and "your" refer to the member who has agreed below to the terms and conditions of this Agreement, any joint owners of accounts accessed under this Agreement, or any authorized users of the services described below.
  • "We," "us," and "our" mean Space Coast Credit Union.

B.        Your Representations and Warranties
By requesting any SCCU.com Online Banking Service, you represent and warrant as follows:
  • Your use of SCCU.com Online Banking Service will comply with all applicable laws and regulations as well as the terms contained in this Agreement and your Member Agreement.
  • You have access to and are the authorized user of computer equipment, software and/or a wireless device and that you can use to access these Services and download, access, read, review, print, and store the electronic records we provide to you.
  • You have agreed to accept electronic statements and disclosures from us in lieu of paper statements and disclosures, as stated in your Membership Agreement.
  • You are the legal owner of the Accounts and other financial information which may be accessed via SCCU.com Online Banking Services.
  • You are a person authorized to enforce payments made or received using the Services.
  • All information you provide us in connection with these Services is accurate, current and complete, and that you have the right to provide such information to us for the purposes of using SCCU.com Online Banking Services.
  • You are not engaged in any business that would result in your being or becoming a “money services business” as defined in the Federal Bank Secrecy Act and its implementing regulations.
  • You are a resident of the United States who can form a legally binding contact under applicable law. 

C.        Acceptable Use
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the SCCU.com Online Banking Services, regardless of the purpose of the use. In addition, you are prohibited from using the Services for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or 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 and sweepstakes; (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Services or the portion of the Site through which the Services are offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Services or this Agreement.

D.        Service Providers
We may engage one or more Service Providers to provide some or all of the Services to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections this Agreement provides to us.

E.        Accessibility
SCCU.com Online Banking Services can be utilized by you twenty-four (24) hours a day, seven (7) days a week, except when the Services are unavailable due to needed maintenance or system outages. The Credit Union is not responsible for the unavailability of SCCU.com Online Banking Services or any damages that may result from its unavailability.

F.         Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO SCCU FOR SUCH SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED WITHIN ONE (1) YEAR OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
In no case will the Credit Union 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, your account is frozen, or the transaction amount would exceed your credit limit on your line of credit, if applicable.
  • If you used the wrong username or password or you have not properly followed any applicable computer, Internet Access, or Credit Union user instructions for making transfer and bill payment transactions.
  • If your computer fails or malfunctions or the SCCU.com Online Banking Services were 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, legal process, legal order or other claim.
  • If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or bill payment.
  • If the error was caused by a system beyond the Credit Union's control, such as your Internet Service Provider.
  • If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
  • If the Credit Union makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.
  • If you fail to properly use the SCCU.com Online Banking Services, as described in this Agreement.
  • If any electronic terminal, telecommunication device, or any part of the SCCU.com Online Banking Services is not working properly and you knew about the problem when you started your online banking transaction.
  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
  • If there are other exceptions as established by the Credit Union from time to time.

G.        Security of Login Information
The username and password you have chosen is for your security purposes. Your username and password are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your username and password. You agree not to disclose or otherwise make your username or password available to anyone not authorized to sign on to your accounts. If you authorize anyone to use your username or password that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of your username or password and the Credit Union suffers a loss, we may terminate your SCCU.com Online Banking Services and other account services immediately.

H.        Your Liability for Unauthorized Access*
You are responsible for all online transactions you authorize under this Agreement, including but not limited to transfers and bill payments. If you permit other persons to use the SCCU.com Online Banking Service on your behalf or your username or password, you are responsible for any transactions they authorize or conduct on any of your accounts.
However, tell us AT ONCE if you believe anyone has used your username and password or accessed your accounts through SCCU.com Online Banking Services without your authorization. Telephoning is the best way of keeping 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, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission. If you do NOT tell us within two (2) business days after you learn of the unauthorized use of your account or your username or password, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as five hundred dollars ($500.00). In any event your liability for unauthorized line of credit transactions through SCCU.com Online Banking is fifty dollars ($50.00).
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or sent to you electronically, you may not get back any money lost after the sixty days (60) if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason kept you from telling us, we will extend the time periods.
If you believe that someone has used your username or password or has transferred or may transfer money from your account without your permission, call the Credit Union’s Member Service Center during business hours at: 321-752-2222 or 800-447-7228 or write the Credit Union at: Space Coast Credit Union, ATTN: Member Service Center, P.O. Box 419001, Melbourne, FL 32941-9001.

I.          Billing Errors*
In case of errors or questions about your SCCU.com Online Banking Services transactions, telephone us at 321-752-2222 or 800-447-7228 or write to us at Space Coast Credit Union, ATTN: Member Service Center, P.O. Box 419001, Melbourne, FL 32941-9001 as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
  • Tell us your name and account number.
  • Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, we may take up to twenty (20) business days to credit your account for the amount you think is in error instead of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, we may take up to ninety 90 days to investigate your complaint or question instead of forty-five (45) calendar days.

J.         Fees and Charges
There are certain charges for SCCU.com Online Banking Services as set forth on the Credit Union's Fee Schedule. From time to time, the charges may be changed at the Credit Union’s sole discretion. We will notify you of any changes required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement. You are responsible for any and all cellular, texting, telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

K.        Taxes
It is your responsibility to determine what, if any, taxes apply to online transactions or transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your online banking transactions or transfers, or for collecting, reporting or remitting any taxes arising therefrom.

L.         Consent to Contact
 You agree we may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers (i.e., cell phone numbers) which could result in charges to you, in order to service your account, prevent fraud or collect any amounts owed to us, excluding for telemarketing purposes. You further agree methods of contact may include use of pre-recorded or artificial voice messages, the use of an automatic dialing device and/or text or SMS messages. You may withdraw the consent set forth herein only by written notice to us at Space Coast Credit Union, P.O. Box 419001, Melbourne, FL 32941-9001. You represent and agree you are and will be the wireless telephone (cell phone) subscriber with respect to each wireless telephone number (cell phone number) provided by you to us.
 
M.        Mobile Phone Use and Text Messaging
Your phone service provider is not the provider of the Services. Users of the Services may receive text messages relating to their payment and other notices, as stated herein. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with accessing SCCU.com Online Banking Services with a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

N.        Electronic Communication
The SCCU.com Online Banking Services are electronic Internet-based services. By using these Services, you agree to receive all disclosures, records, and statements related to the SCCU.com Online Banking Services electronically, as stated in your Member Agreement. 

O.        Periodic Statements
All transactions initiated through SCCU.com Online Banking Services will be recorded on your periodic statement. You will receive an electronic statement through online banking, monthly unless there is no transaction in a particular month. In any case, you will receive an electronic statement at least quarterly.

P.        Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. Changes can be made either within the application or by contacting the Credit Union. The Credit Union is not responsible for any payment processing errors or fees incurred if you do not provide accurate Account or contact information.

Q.        Information Authorization
Your enrollment in the SCCU.com Online Banking Services may not be fulfilled if we cannot verify your identity or other necessary information, including but not limited to your name, mailing address, e-mail address, and telephone number. You authorize us, directly or through third parties, to make any inquiries considered necessary to validate your identity. We reserve the right to deny you access to the Services if we cannot verify your identity or other necessary information. Through your enrollment in the Services, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Accounts or accounts owned by you at other financial institutions. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the Services, to authenticate you when you log in, to send you information about the Services, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Services and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.

R.        Disclosure of Personal Information
In addition to the circumstances stated in the “Information Authorization” paragraph above, we will disclose information to third parties about your account or the transfers you make:
  • As necessary to complete transfers, bill payments, or other requested online transactions;
  • As necessary for activating additional services;
  • To verify the existence of sufficient funds to cover specific transactions or to verify the existence or condition of your Accounts upon the request of a payee or a third party, such as a credit bureau or merchant;
  • To a consumer reporting agencies;
  • To comply with government agency or court orders.
  • If you give us your written permission.

S.  Intellectual Property
This Agreement does not transfer to you any ownership or proprietary rights in the SCCU.com Online Banking Services or any associated software or any part thereof.  You are permitted to use the Services only as expressly authorized by this Agreement.  We or our agents retain all rights to the SCCU.com Online Banking Services and all patent, copyright, trademark, and trade-dress (the “look and feel” of the Services) rights, trade secrets, and any other intellectual property rights and all right, title and interest in and to the SCCU.com Online Banking Services and any associated software.

T.        Modification of Services
The Credit Union may change the terms and conditions of this Agreement or the Services described herein at any time in Credit Union's sole discretion and without notice to you, except as required by applicable law. The revised version of the Agreement will be effective at the time it is posted online unless a delayed effective date is expressly stated in the revision. In the event of any modifications to the SCCU.com Online Banking Services, you are responsible for making sure you that you understand how to use the Services as modified. The Credit Union may also, from time to time, introduce new online services. Your use of any modified, enhanced, or new SCCU.com Online Banking Service is deemed to be your acceptance of the modification and agreement to be bound by the rules governing the use of the Service and to pay any additional fees associated therewith. Notice will be provided to you of such changes as required by applicable law and regulations without restatement of the terms herein. Use of the SCCU.com Online Banking Services is subject to existing regulations governing your accounts and any future changes to those regulations.

U.        Termination
You agree that we may terminate this Agreement or your use of any Services described herein immediately and without notice if you or any authorized user of your account 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 username or password. You also agree that we may terminate or suspend your access of any Services at any time, for any reason and without notice to you, including, but not limited to, your non-use of the Services. You agree that we will not be liable to you or any third party for any suspension or cancellation of any SCCU.com Online Banking Service.
You or any other party to your account can terminate this Agreement or your use of any Services described herein by notifying us in writing. Termination of any Service will be effective the first business day 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.

V.        Disclaimer of Representations and Warranties
YOU UNDERSTAND AND AGREE THAT EACH OF THE SCCU.COM ONLINE BANKING SERVICES IS PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS. YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. YOU UNDERSTAND AND EXPRESSLY AGREE FURTHER THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE AND OUR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. 
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY AMENDMENT THERETO, WE AND OUR SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE,  AND WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES, THE ACCURACY OR QUALITY OF ANY INFORMATION RETRIEVED BY US FROM ANY OF YOUR ACCOUNTS AT OTHER FINANCIAL INSTITUTIONS OR THAT THE SERVICES OR MATERIALS PURCHASED OR OBTAINED BY YOUR FROM US WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.
WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR THIRD PARTY SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT STATED IN THIS AGREEMENT.

W.       Indemnification
In addition to the indemnifications and limitations on liability contained in your Member Agreement, you hereby indemnify, defend, and hold harmless Credit Union and each of its directors, officers, employees, agents, successors, and assigns (“Indemnitees”) from and against all liability, loss, and damage of any kind (including attorneys’ fees and other costs incurred in connection therewith) incurred by or asserted against such Indemnitee in any way relating to or arising out of (a) your use of the SCCU.com Online Banking Services, (b) any failure by you to comply with the terms of this Agreement or breach by you of any representation or warranty contained herein, (c) any failure by you to comply with applicable laws and regulations, (d) any acts or omissions of you or any third party, (e) any image you submit in relation to the Services, (f) our reliance on the information, instruction, license and/or authorization provided by you under this Agreement, (g) your infringement, or infringement by any user of your Credit Union account(s), of any intellectual property or right of any person or entity. This paragraph shall survive the termination of this Agreement for any reason.

X.        Our Relationship with You
We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the SCCU.com Online Banking Services. We do not have control of, or liability for, any products or services that are paid for with our Services. We do not guarantee the identity of any user of the Services (including but not limited to Accounts to which you send payments).

Y.        Enforcement, Attorney’s Fees
You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your Account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

Z.         Governing Law, Venue
This Agreement shall be governed by and construed in accordance with all applicable federal laws, the laws of the State of Florida, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us. Any disputes regarding this Agreement shall be within the jurisdiction of and be filed and heard in Brevard County, Florida, except as prohibited by applicable law.

AA.      Waiver of Jury Trial
Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third, party beneficiary arising under or relating to this Agreement.

BB.     Notice
Except as otherwise stated in this Agreement, notice to us concerning the SCCU.org Online Banking Services must be sent by postal mail to: Space Coast Credit Union, P.O. Box 419001, Melbourne, FL 32941-9001. We may also be reached by telephone at (321) 752-2222 or (800) 447-7228. Such telephone calls will not constitute legal notice under this Agreement.
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within any of the affected Services, e-mailing it to an e-mail address that you have provided us, or by mailing it to any postal address that you have provided us. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed.

CC.     Waiver
To be effective, any waiver or modification of any term or condition stated in this Agreement must be in writing and signed by an authorized officer of the Credit Union and shall not be considered as a waiver of any future or other obligation or right. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.

DD.     Severability, Survival of Terms
In the event that any paragraph of this Agreement or portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of the Agreement shall not be invalid or unenforceable and will continue in full force and effect.

EE.      Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

FF.      Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GG.     Entire Agreement
This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other agreement, statement, or promise made by any party hereto, or to any employee, officer or agent of any party hereto, which is not contained herein, shall be binding or valid.

II.         ONLINE BANKING SERVICE

A.        Description and Use of Service
If we approve you for our Online Banking Service (“Online Banking”), you may use your personal computer to access your accounts. You will select a username and password to access your accounts online. You will need a personal computer, modem and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of any necessary software and your personal computer. The Credit Union will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or your personal computer.

B.        Types of Transactions
At the present time, you may use Online Banking to:
  • Transfer funds between your checking, savings and loan accounts.
  • Transfer funds to accounts of other members you authorize for any of your accounts.
  • Transfer funds to and from your Accounts to your external accounts held with other U.S. financial institutions via the Account to Account Transfer Service.
  • Transfer funds to another person using their e-mail or wireless phone number via the P2P (Person-to-Person) Payments Service. 
  • Review account balance, transaction history and tax information for any of your checking, savings or loan accounts.
  • Make bill payments to a business or person (“payee”) using the Bill Payer Service, review bill payment history and make scheduled bill payment changes.
  • View and print your account statements and notices electronically.
  • Conduct other transactions permitted by the Credit Union.
  • Communicate with the Credit Union using the electronic mail ("E-mail") feature.
Transactions involving your Deposit Accounts, including checking account stop payment requests, will be subject to the terms of your Member Agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.

C.        Service Limitations
The following limitations on Online Banking transactions may apply in using the services listed above:
  • Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers and bill payments from a savings or a money market account are subject to an aggregate limit of six (6) transfers per month on all preauthorized, automatic, electronic, and telephone transfers from such an account. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
  • Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
  • E-mail. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at 321-752-2222 or 800-447-7228.

III.        MOBILE BANKING SERVICE

A.        Description and Use of Services
The Mobile Banking Service (“Mobile Banking”) is a personal financial information management service that allows you to access your account information, make payments to payees and make such other banking transactions as may be allowed from time to time. To utilize certain features of Mobile Banking, you must install the Mobile Banking Software on your compatible and supported mobile phone and/or other wireless device (each, a "Wireless Device"). Once you have enrolled for Mobile Banking through Online Banking and installed the Mobile Banking Software, designated accounts linked to your username and password will be accessible through your Wireless Device, together with certain payees. You agree to accept responsibility for making sure you know how to properly use your Wireless Device and the Mobile Banking Software. We reserve the right to modify the scope of Mobile Banking at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking.
You agree and understand that Mobile Banking may not be accessible or may have limited utility over some wireless networks. The availability, timeliness and proper functioning of Mobile Banking depends on many factors, including your Wireless Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your Wireless Device. Neither we nor any of our Service Providers warrants that Mobile Banking or the Mobile Banking Software will meet your requirements, operate without interruption or be error-free, and neither we nor our Service Providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Mobile Banking, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings. Neither we nor any of our Service Providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking.

B.        Relationship to Other Agreements
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider (i.e., AT&T, Verizon, etc.), and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking, which may include downloading the Mobile Banking Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Mobile Banking Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and that your mobile service provider is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your provider directly without involving us.

C.        Text Messaging
You agree to receive notices and alerts related to Mobile Banking via text or SMS messaging to your mobile phone. You acknowledge that you may incur fees from your mobile service provider for these messages and agree to pay any additional fees imposed by your mobile service provider for text or SMS messages related to Mobile Banking.

D.        Mobile Deposit Capture Service
The Mobile Deposit Capture Service ("Mobile Deposit") is offered as part of the Mobile Banking Service and is designed to allow you to make eligible check deposits to your checking, savings, or money market accounts using an approved device to transmit images of your checks and associated deposit information to SCCU. Once accepted, your eligible checks will be either processed electronically or converted to substitute checks based on the information you provide. There is currently no charge for Mobile Deposit. 
The following terms apply specifically to Mobile Deposit:
i.          Hardware and Software
In order to use Mobile Deposit, you must obtain and maintain, at your own expense, a Remote Device that is compatible with the Mobile Deposit Software. SCCU assumes no responsibility for defects, failures or incompatibility of any hardware or software used in connection with Mobile Deposit, including any third party software you may need to use Mobile Deposit. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
ii.         Eligible items
You agree to scan and deposit only checks, as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to the Credit Union shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
  • Checks payable to others (even if endorsed over to you);
  • Demand drafts or remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
  • Substitute checks (i.e. paper checks created from an electronic image);
  • Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g. where the numerical and written amounts are different);
  • Checks that have been previously returned unpaid for any reason;
  • Checks that are postdated or more than six (6) months old;
  • Checks drawn on a foreign financial institution or payable in a foreign currency;
  • Checks drawn on another account owned by you;
  • Checks you suspect may be fraudulent or not properly authorized;
  • Checks that exceed the maximum daily limit established by the Credit Union;
  • Checks which are otherwise not acceptable under the terms of your Member Agreement.
The Credit Union's processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. We reserve the right to reject or refuse any item transmitted through Mobile Deposit, at our discretion, with or without cause, without liability to you.
iii.        Deposit and Processing Times
Images of checks eligible for deposit via Mobile Deposit received by us before 6:00 pm Eastern Time on a Business Day will be processed on that Business Day. Images of checks eligible for deposit via Mobile Deposit received by us after 6:00 pm Eastern Time on a Business Day or on a non-Business Day will be processed on the next Business Day.
iv.        Availability of Funds
Funds from deposits via Mobile Deposit are generally available to you on the same Business Day your deposit is received. In some cases, the Credit Union may not make funds from these deposits available in accordance with this general policy. Should this occur, a notice will be sent to you by the next Business Day as to when your funds will be made available to you.
The Credit Union's funds availability exception policies, as fully set forth in your Member Agreement, also apply to deposits made via Mobile Deposit. Please refer to your Member Agreement for an explanation of those exception policies. In the event the Credit Union receives a check image for deposit where it has reason to doubt the collectability of that deposit, the Credit Union may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, the Credit Union will notify you of this action.
v.         Confirmation of Receipt of Check Images
You will receive an electronic confirmation of receipt of the image of your check upon the successful transmission of that image to the Credit Union. Our receipt of the image is not deemed to have occurred until after you receive electronic confirmation of such receipt. Your receipt of such confirmation does not mean that the transmission was error free or complete.
We are not responsible for items we do not receive or for images that are dropped during transmission.
vi.        Deposit Limits
We may, at our sole discretion, impose limits on the number of deposit transactions you can make or the amount of money you can deposit through Mobile Deposit. You understand that you will not make deposits through Mobile Deposit in excess of these limits. The Credit Union may refuse to accept and process any deposits that exceed these limits. In addition, the Credit Union reserves the right to change these limits or impose additional limits in its sole discretion from time to time.
vii.       Image Quality
The image of an item transmitted to the Credit Union using Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
viii.      Check Endorsement Requirements
Prior to scanning any check through Mobile Deposit, you agree to restrictively endorse the original check "For Deposit Only, Space Coast Credit Union, account #_______" or as otherwise instructed by SCCU. You agree to follow all other instructions provided to you by the Credit Union for capturing and transmitting check images and associated deposit information via Mobile Deposit.
ix.        Storage and Destruction of Original Checks
Upon your receipt of a confirmation from the Credit Union that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID" or properly dispose of the item to ensure that it is not represented for payment more than once. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Credit Union’s audit purposes.
x.         Presentment
The manner in which the items are cleared, presented for payment, and collected shall be in SCCU's sole discretion subject to the Member Agreement and all other agreements and disclosures governing your account.
xi.        User Warranties and Indemnification
You represent and warrant the following with respect to each image of a check that you transmit through Mobile Deposit:
  • You will only transmit eligible items.
  • Images will meet the image quality standards.
  • Items you submit have not been altered.
  • Each item bears all required and authorized endorsements.
  • You will not transmit duplicate items.
  • You will not deposit or represent the original item.
  • All information you provide to SCCU is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws and regulations, including but not limited to Section 4-207 of the Uniform Commercial Code.
You agree to indemnify and hold harmless SCCU from any loss for breach of this warranty provision.
xii.       Returned Items and Right of Chargeback
If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that the Credit Union will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a SCCU branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Member Agreement.

IV.       BILL PAYER SERVICE

A.        Description of Service
The Bill Payer Service (“Bill Payer”) allows you to make bill payments to designated payees, review bill payment history and make scheduled bill payment changes.

B.        Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller will be designated within the Bill Payer application when you are scheduling the payment. The Bill Payer application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller (typically four (4) or fewer Business Days from the current date). When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

C.        Service Guarantee
Due to circumstances beyond the control of Bill Payer, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Credit Union will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling."

D.        Payment Authorization and Payment Remittance
By providing Bill Payer with names and account information of Billers to whom you wish to direct payments, you authorize Bill Payer to follow the Payment Instructions that it receives through the Bill Payer payment system. In order to process payments more efficiently and effectively, Bill Payer may edit or alter payment data or data formats in accordance with Biller directives.
When Bill Payer receives a Payment Instruction, you authorize it to debit the designated Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize Bill Payer to credit the designated Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of Bill Payer.
Bill Payer will use its best efforts to make all your payments properly. However, Bill Payer shall incur no liability and any Service Guarantee shall be void if Bill Payer is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
  • If, through no fault of Bill Payer, your designated Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  • The payment processing center is not working properly and you know or have been advised by Bill Payer about the malfunction before you execute the transaction;
  • You have not provided Bill Payer with the correct Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  • Circumstances beyond control of Bill Payer (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if Bill Payer causes an incorrect amount of funds to be removed from your designated Account or causes funds from your designated Account to be directed to a Biller which does not comply with your Payment Instructions, Bill Payer shall be responsible for returning the improperly transferred funds to your Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

E.        Payment Methods
Bill Payer reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a draft payment (funds remitted to the Biller are deducted from your designated Account when the draft is presented to your financial institution for payment).

F.         Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once Bill Payer has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

G.        Stop Payment Requests
Bill Payer’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. Bill Payer may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact us in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. Although Bill Payer will make every effort to accommodate your request, we will have no liability for failing to do so. Bill Payer may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

H.        Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited through Bill Payer. In addition, payments that violate any law, statute, ordinance or regulation, and any payments related to illegal gambling, illegal gaming and/or any other illegal activity, are prohibited through Bill Payer.

I.          Exception Payments
"Exception Payments" mean payments to Deposit Accounts or brokerage accounts, payments to settle securities transactions (including without limitation stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property), tax payments and court ordered payments. Exception Payments may be scheduled through Bill Payer, however Exception Payments are discouraged and must be scheduled at your own risk. In no event shall we or Bill Payer be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee as it applies to any late payment related charges is void when Exception Payments are scheduled and/or processed by Bill Payer. Bill Payer has no obligation to research or resolve any claim resulting from an Exception Payment; all research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of us or Bill Payer.

J.         Bill Delivery and Presentment
Bill Payer has a feature that allows you to receive bill and statement delivery from participating Billers electronically through the Service. This feature is described in this section and is for the presentment of electronic bills only. It is your sole responsibility to contact your Billers directly if you do not receive your statements. If you elect to activate one of Bill Payer’s electronic bill options, you also agree to the following:
i.          Information provided to the Biller – Bill Payer is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. Bill Payer may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Bill Payer and/or bill information.
ii.         Activation - Upon activation of the electronic bill feature Bill Payer may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
iii.        Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
iv.        Notification – Bill Payer will use its best efforts to present all of your electronic bills promptly. In addition to notification within Bill Payer, Bill Payer may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to Bill Payer and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
v.         Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Bill Payer will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. Bill Payer will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
vi.        Non-Delivery of electronic bill(s) - You agree to hold us and Bill Payer harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
vii.       Accuracy and dispute of electronic bill – Bill Payer is not responsible for the accuracy of your electronic bill(s). Bill Payer is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

K.        Service Fees and Additional Charges
There may be a charge for Bill Payer transactions and other optional services. You agree to pay such charges and authorize Bill Payer to deduct the calculated amount from your designated Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard Deposit Accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

L.         Failed or Returned Transactions
In using Bill Payer, you are requesting Bill Payer to make payments for you from your designated Account. If we are unable to complete the transaction for any reason associated with your designated Account (for example, there are insufficient funds in your Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from Bill Payer. In such case, you agree that:
  • You will reimburse Bill Payer immediately upon demand the transaction amount that has been returned to Bill Payer;
  • For any amount not reimbursed to Bill Payer within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse Bill Payer for any fees imposed by your financial institution as a result of the return;
  • You will reimburse Bill Payer for any fees it incurs in attempting to collect the amount of the return from you; and,
  • Bill Payer is authorized to report the facts concerning the return to any credit reporting agency.

M.        Alterations and Amendments
Bill Payer may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, Bill Payer reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only Bill Payer's more recent revisions and updates.

N.        Service Termination, Cancellation, or Suspension
Any payment(s) Bill Payer has already processed before the requested cancellation date will be completed by Bill Payer. All Scheduled Payments including recurring payments will not be processed once Bill Payer is cancelled or suspended.

O.        Biller Limitation
Bill Payer reserves the right to refuse to pay any Biller to whom you may direct a payment. Bill Payer will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

P.        Returned Payments
In using Bill Payer, you understand that Billers and/or the United States Postal Service may return payments to Bill Payer for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Bill Payer will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your designated Account. You may receive notification from Bill Payer.

Q.        Information Authorization
Your enrollment in Bill Payer may not be fulfilled if Bill Payer cannot verify your identity or other necessary information. In order to verify ownership of your designate Accounts, Bill Payer may issue offsetting debits and credits to your designated Account(s) and require confirmation of such from you.  Through your enrollment in Bill Payer, you agree Bill Payer reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that Bill Payer reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

R.        Expedited Payment Service
i.          Description of Service
The Expedited Payment Service is offered as part of the Bill Payer Service and allows you to submit payments to participating merchants that will be posted to your account with that merchant on the same day, within the parameters of the Expedited Payment Service and other parameters established by the participating merchants. In order for an Expedited Payment to post on the same day, you must submit accurate and complete information for the payment, the payment must be submitted on a day during which the U.S. Federal Reserve System is open for operations, and you must submit the payment prior to the merchant’s designated daily cutoff time. Expedited Payments submitted without complete or accurate information may be rejected or may not post on time. Expedited Payments submitted by you on a non-Federal Reserve business day or submitted by you after the applicable merchant’s daily cutoff time will be posted the following Federal Reserve business day. You will be charged a fee for each Expedited Payment you submit, regardless of whether the payment was properly submitted. The cutoff time will be displayed to you before the payment is finalized.
This is NOT a “pay anyone” service where you can make payments to any payee; with this service you can only make Expedited Payments to those merchants that participate in the program and the payments you make under this service are subject to the rules of each merchant as to how they define an expedited payment.
ii.         Hours of Access
You can use the Expedited Payment Service seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to emergency or scheduled system maintenance, updates or repairs or for other reasons beyond our control.
iii.        Expedited Payment Service Limits
You will not be able to schedule an Expedited Payment for an amount greater than the balance displayed within the bill payment service for the funding account at the time you attempt to schedule the payment.
Additionally, for risk management and security purposes the Expedited Payment Service limits the number of payments and the total amount of payments that you may make per day. You will be given an error message and prevented from fully executing any transaction that exceeds these limits. From time to time we may modify the limits to the frequency or amount of transfers you can make using the Expedited Payment Service. We do not disclose these limits for security purposes. In any event, funds transfers in excess of the then-applicable limits will not be completed.
iv.        Fees and Other Deductions
The Expedited Payment Service is a transaction-based service. For each Expedited Payment, a fee will be added to the amount of the transaction. You should refer to your Fee Schedule for the current Expedited Payment fee pricing. There are no monthly or recurring fees associated with the service.
v.         Space Coast Credit Union’s Liability
If we do not complete a properly-submitted Expedited Payment on time or in the correct amount according to our agreement with you, we will be liable for any late fees and/or finance charges assessed against you for the late posting of such payment, excluding any fees or charges assessed on your total outstanding balance with that merchant. We will not be liable for consequential damages that might arise from the payment not arriving in time. Additionally, there are some exceptions. In addition to the limitations of liability listed in Section I.F. of this Agreement, we will not be liable, for instance:
•If you are unable to schedule a payment because you have exceeded the risk management limits for the day.
 •If you are unable to schedule a payment because the merchant does not participate in the Expedited Payment service.
 •If you are unable to schedule a payment because the system is unavailable.
 •If you schedule the payment for an incorrect amount.
 •If you schedule the payment to be sent after the due date provided by the biller.
 •If your payment does not comply with the merchant’s policies on payment acceptance.

V.        ACCOUNT TO ACCOUNT TRANSFER SERVICE

A.        Description of Service
The Account to Account Transfer Service (“Account to Account Transfer”) enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your Account(s) that you maintain with us and your account(s) that are maintained by other financial institutions. You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States.

B.        Transfer Authorization and Processing
When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.
We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of the conditions stated in Section I.E. above.
It is your responsibility to ensure the accuracy of any information that you enter into Account to Account Transfer, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address for Account to Account Transfer purposes. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

C.        Transfer Methods and Amounts
We may, at our sole discretion, impose limits on the amount of money you can transfer through our Account to Account Transfer. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.

D.        Transfer Cancellation Requests and Refused Transfers
You may cancel a transfer at any time until it begins processing. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.

E.        Stop Payment Requests
If you as a Sender desires to stop any transfer that has already been processed, you must contact us by phone or write to us by mail at the telephone number or mailing address listed above in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

F.         Service Fees and Additional Charges
Applicable fees will be disclosed in the user interface for the Account to Account Transfer Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account.

G.        Failed or Returned Transfers
In using Account to Account Transfer, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
  • You will reimburse us immediately upon demand the transfer amount that has been returned to us;
  • For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit;
  • You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and,
  • We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

H.        Refused Transfers
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.

I.          Returned Transfers
In using Account to Account Transfer, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.

VI.       P2P (PERSON-TO-PERSON) PAYMENTS SERVICE

A.        P2P (Person-to-Person) Payments powered by Pay PalTM 
P2P (Person-to-Person) Payments powered by PayPal (“P2P Payments”), is a service that allows users to send money via Online Banking to others using a cell phone number or an e-mail address through the PayPal network. Sending money does not require you to have a PayPal Account, but the following rules do apply regarding PayPal’s role in processing P2P Payment transactions that use the PayPal network. 

B.        PayPal’s Relationship with You 
PayPal is a Payment Service Provider. PayPal helps you make payments to third parties. PayPal is an independent contractor for all purposes, except that PayPal acts as your agent with respect to the custody of your funds only. PayPal does not have control of, or liability for, the products or services that are paid for with our service.  We do not guarantee the identity of any recipient or ensure that a recipient will complete a transaction.
Intellectual Property: "PayPal.com", "PayPal", and all logos, related to the service, are either trademarks or registered trademarks of PayPal or its licensors. You may not copy, imitate or use them without PayPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the PayPal website, any content thereon, the services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of PayPal and its licensors.
Transaction History: You may view your transaction history by logging into Online Banking and looking at your Account History. Your history is also available through the periodic statements we provide you.

C.        Sending Money via Online Banking P2P Payments
Sending Limits:  PayPal may, at its discretion, impose limits on the amount of money you can send through the P2P Payments service (in addition to any limits set by us).
Transfers: When an Online Banking P2P Payment is made, the funds are immediately transferred from your Transaction Account for P2P Transfer and are credited to PayPal to provide funds to the recipient. You agree that such requests constitute your authorization to us and PayPal to make the P2P Transfers. Once you have provided your authorization for the P2P Transfer, you may not be able cancel the electronic P2P Transfer.
Refused and Refunded Transactions: When you send money, the recipient is not required to accept it. You agree that you will not hold PayPal or the Credit Union liable for any damages resulting from a recipient's decision not to accept a payment made through the service. We will return any unclaimed, refunded or denied payment to your Transaction Account within 30 Days of the date you initiate payment.  If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Transaction Account.  If a recipient does not have an account with PayPal, and does not set one up before 30 days has elapsed, you can request that the funds are returned to you before 30 days has elapsed by using the return function in the online banking P2P screen.

D.        Claims, Limitation of Liability, No Warranty
You agree that you will tell the Credit Union of any errors, delays, or other problems related to your request as soon as possible after you receive notification that your P2P Payment request has been executed. If your funds P2P Transfer request is delayed or erroneously executed as a result of the Credit Union’s error, the Credit Union’s sole obligation to you is to pay or refund such amounts as may be required by applicable law. If you initiate a payment to a party or payee to which you did not intend, you are responsible to contact the receiving party to have the funds returned. The Credit Union or any of its payment processors are not responsible for payments which were made in error by you or anyone you authorize to make payments on your behalf. Any claim for interest payable shall be at the current stated account rate. In any event, if you fail to notify the Credit Union of any claim concerning your funds P2P Transfer request within 60 days from the date that you receive notification that your request has been executed, any claim by you shall be barred under applicable law.

E.        Fees
You agree to pay a fee for your use of the P2P Service. Fees for the P2P Services are listed on our Fee Schedule. In addition to the fees listed on the Fee Schedule, you are also responsible for paying any excess transaction fees that may apply to your Transaction Account and/or PayPal Account.

F.         Transfer Limitations
We impose limits on the amount of money or gift card value you can send or receive through P2P Transfer. These limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. The Transfer Limitations noted above may be changed at any time by the credit union without notice to the P2P payments user.

G.        Notices
We will notify you of any changes, fees, or other information about P2P, if required by law. Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address that we have on file.

H.        Indemnification
In addition to your indemnification obligations stated in I.W. of this Agreement, you agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, P2P service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of P2P.

VII.      QUICKEN® DIRECT CONNECT SERVICE

A.        Description of Service
The Quicken Direct Connect Service allows a one-click update of your SCCU account information into the Quicken personal finance software. The Direct Connect Service is provided as a convenient online way for you to access and download your Credit Union account information as well as conduct transfers and pay bills and is subject to your compliance with the terms contained in this Agreement and your Member Agreement. By using Direct Connect Service, you agree to be bound by the aforementioned disclosures.

B.        Use of Quicken® Direct Connect Site
You understand that SCCU does not endorse the use of Quicken or warrant in any way the use of the Quicken Direct Connect site or products. You assume total responsibility and risk for your use of the Direct Connect Service and download of information into the Direct Connect site and or software. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Direct Connect site. It is not warranted that the Direct Connect site will be uninterrupted or error-free or that defects in the site will be corrected. The Direct Connect site is provided on an “as is” and “as available” basis.  In no event will the Credit Union be liable for (1) any actual, direct, incidental, consequential, or indirect cost arising out of the use or inability to use the Direct Connect site, or any information, or transactions provided on the Direct Connect site or downloaded through or hyperlinked from the Direct Connect site, or (2) any claim attributable to errors, omissions, or other inaccuracies in the Direct Connect site and or materials or information downloaded through or hyperlinked from the Direct Connect site.  The provisions contained in this paragraph shall survive any termination of this Agreement or the Direct Connect Service.

C.        Fees
We currently charge a fee for the Quicken Direct Connect Service. We will charge a fee to the account you designate for payment at the beginning of each month you are enrolled in the Quicken Direct Connect Service. Please refer to your SCCU Fee Schedule for the current Direct Connect fee rate. We may change this fee at any time in our sole discretion without notice to you. 

D.        Termination
Either party without notice may terminate the Direct Connect Service at any time for any reason provided that you may no longer use the Direct Connect site after the Service has been terminated by either party.

VIII.     PERSONAL FINANCE MANAGEMENT (PFM) SERVICE

A.        Provide Accurate Information
By using the PFM Service, you 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. 

B.        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 service technology, including but not limited to, any Java applets associated with the service.

C.        Content You Provide
You are licensing to SCCU and its service providers, including Yodlee, Inc. (“Yodlee”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. The Credit Union and Yodlee may use, modify, display, distribute and create new material using such Content to provide the PFM Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Credit Union and Yodlee may use the Content for the purposes set out above. As between the Credit Union and Yodlee, the Credit Union owns your confidential account information.

D.        Third Party Accounts
By using the PFM Service, you authorize the Credit Union and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant the Credit Union and Yodlee a limited power of attorney, and you hereby appoint the Credit Union and Yodlee 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 internet 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 CREDIT UNION OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, THE CREDIT UNION AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall 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.
 
E.       Limitation of Liability

The following limitations of liability are in addition to, not in lieu of, the limitations of liability contained in Section I.F. of this Agreement: YOU AGREE THAT NEITHER THE CREDIT UNION OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY 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 CREDIT UNION OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (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 POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.  

F.         Indemnification
You agree that your indemnification obligations stated in Section I.W. of this Agreement shall apply to Yodlee just as they do to the Credit Union, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.

Electronic Signature
By selecting the "I AGREE” BUTTON BELOW, you consent and agree to the terms and conditions provided in this SCCU.COM ONLINE BANKING SERVICES AGREEMENT AND DISCLOSURE, as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature.  You agree that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the Credit Union.


* The terms contained in Sections I.H. and I.I. do not apply to business accounts.
  • SCCU Routing Number: 263177903
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Space Coast Credit Union membership is open to all who work or live in Brevard, Broward, Flagler, Indian River, Martin, Miami-Dade, Monroe, Orange, Osceola, Palm Beach, Seminole, St. Johns, St. Lucie, or Volusia Counties in Florida.

  • Brevard: 321-752-2222
  • Broward: 954-704-5000
  • Miami-Dade: 305-882-5000
  • All Other Areas: 800-447-7228

*APR = Annual Percentage Rate. ^APY = Annual Percentage Yield.

Space Coast Credit Union (SCCU) © 2015

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