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TERMS OF USE OF LAPFCU CARD CONTROLS APPLICATION

TERMS OF USE OF LAPFCU CARD CONTROLS APPLICATION

 
TERMS OF USE OF LAPFCU CARD CONTROLS APPLICATION

  1. General Terms of Use. The following terms, conditions, and agreement of use (“Terms of Use”) govern your access to and use of the LAPFCU Card Controls Application, which is downloaded software to be used for access to the mobile commerce application services from the Los Angeles Police Federal Credit Union (“we,” “us,” “Credit Union,” or “LAPFCU”) and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).  These Terms of Use are a binding legal agreement between you and LAPFCU and may be modified, amended, revised, or changed, in whole in or in part at any time by us. Any continued use of the Software following any modification, amendment, revision, or change to these Terms of Use will be deemed as your acceptance of the applicable changes. These Terms of Use apply to you and anyone else you authorize to use the Software.  If you do not accept these Terms of Use or any subsequent changes made to these Terms of Use, then you agree not to download and/or use the Software and that your sole and exclusive remedy for not accepting these Terms of Use is to discontinue your use of the Software.  Any continued use of the Software after the effective date of any revised Terms of Use is considered as ongoing acceptance. There is no obligation for you to download or to use the Software, but if you do use the Software then you agree to all of these Terms of Use. You represent that you have the power, legal authority, and capacity to accept these Terms of Use and agree to be fully bound by its term.
  2. Ownership. The Software is provided by a third-party provider or licensor, OnDot, (“Licensor”).  You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the downloaded Software.
  3. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
  4. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or   ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY INTERFERE, INTERRUPT, MODIFY, AUDIT, ASSESS, RE-ENGINEER, DILUTE, TARNISH, OR DAMAGE ANY ASPECT OF THE SOFTWARE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SOFTWARE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES, INJUNCTIONS, AND COSTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW.
  5. Security: It is your sole responsibility to maintain the physical security of your mobile devices and for the personal devices you use to access the Software. Personal devices such as your mobile phone, tablet, smart phone, and/or laptop (“Personal Devices”) should be properly secured from unauthorized access and used to preserve the confidentiality of your information, data, and identification. You are responsible for the security and confidentiality of the data, information, and the services requested and accessible through the Software. Personal identification numbers associated with Personal Devices should be kept secure and safeguarded and protected against unauthorized access or use.
  6. Compliance with Laws. You agree to comply with all applicable laws, rules and
  7. Consent and Notice Regarding Electronic Communications.
  8. Electronic Signature Agreement. By downloading and using the Software, you are signing these Terms of Use electronically (hereafter referred to as “E-Signature”).  You agree your electronic signature is the legal equivalent of your manual signature on these Terms of Use and you agree to be legally bound thereby.  You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and LAPFCU. 
  9. Consent to Electronic Delivery. You specifically agree to receive and/or obtain any and all “Electronic Communications” (defined below) about matters related to the Software.  The term “Electronic Communications” includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, data, records and any other communications related to the Software, that we may communicate to you using the email address(es), telephone number(s), and other contact information that you have provided and/or have on file with LAPFCU.  These Terms of Use contain an express consent from you that we are authorized to communicate with you through electronic means, including but not limited to, e-mail, SMS messaging on your mobile phone or calling your mobile phone.
  10. Paper version of Electronic Communications. You may request a paper version of an Electronic Communication. You acknowledge that LAPFCU reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication contact us at 877-695-2732.
  11. Revocation of electronic delivery. You have the right to withdraw your consent to receive/obtain communications via electronic means at any time.  You acknowledge that LAPFCU reserves the right to restrict or terminate your access to the Software if you withdraw your consent to receive Electronic Communications.  If you wish to withdraw your consent, contact us at 877-695-2732.
  12. Hardware, software and operating system. You are responsible for the installation, maintenance, and operation of the electronic device on which the Software is downloaded.  LAPFCU is not responsible for errors, or failures, from any malfunction of such electronic device.
  13. Additional Costs/Expenses. Costs and expenses associated with using the Software will not be covered or provided by LAPFCU, Licensor, or Card network (e.g., Visa, MasterCard, ), including: (a) costs and expenses for receiving notifications through SMS messages to digital phones, the cost of obtaining a wireless carrier, an appropriate wireless data services plan, a compatible digital device, and/or any SMS message fees charged by your carrier; and (b) if you receive notifications through email, access to a personal computer, Internet-enabled phone or other device used to receive emails, and associated costs charged by your Internet service provider.
  14. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR
  15. Service Interruptions. Neither LAPFCU, nor Licensor, will be liable to you if the Software is not available to you due to any planned downtime, circumstances beyond your financial services provider or Licensor’s reasonable control, or outages on any mobile phone network, or where you are not in an area of mobile
  16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LAPFCU, LICENSOR, OR ANY OF THEIR LICENSORS, CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
  17. Indemnity. You agree to, and shall indemnity, defend, and hold LAPFCU, Licensor, and their respective affiliates, and all of their officers, directors, employees, contractors, volunteers, representatives, agents, and assigns harmless from, and against, any losses, claims, liabilities, damages, causes of action, demands, or lawsuits, (including reasonable court costs and attorneys’ fees), (collectively “Claims”), arising from Claims relating to or from your use of the Software, or for any breach of your representations and obligations under these Terms of Use. You agree that in no event shall you or your designated representative, consent to the entry of any judgment or settle any Claim, without LAPFCU’s prior written consent. Furthermore, you agree to use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this section are independent of your other obligations under these Terms of Use and shall survive any termination of our relationship or these Terms of Use.
  18. S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the federal laws of the United States of America and laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
  20. Content and Services. Neither Licensor, nor the provider, of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor, nor the provider, of the wireless network or any contractor of the provider of the financial services available through, or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
  21. No Third-Party Beneficiaries. These Terms of Use shall apply to the benefit of, and be binding upon you LAPFCU, Licensor, and their successors and assigns. You have no right to assign or transfer your responsibilities or obligations under these Terms of Use; however, anyone using the Software on your Personal Devices shall be bound by these Terms of Use to the same extent as you. You understand and agree that there shall not be any third-party beneficiary to these Terms of Use.

Last Modified: March 17, 2020