Use of the Online Payment Portal constitutes acknowledgement of and agreement to the following terms and conditions.
This is Your bill payment agreement (“Agreement”) with Market USA FCU (“Billpay Provider”). You may use this bill payment service (the “Service”), to make payments to Your account with Billpay Provider (“Service Account”). “You” or “Your” means each person who signs or otherwise indicates assent to this Agreement or is otherwise authorized to use the Service by You or uses the Service with Your credentials. “We”, “Us” or “Our” means the Billpay Provider set forth above.
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY AND A BINDING ARBITRATION PROVISION THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICE.
By registering for this Service You authorize Billpay Provider to process the transactions
submitted through Your Service Account (“Payment Instructions”), and for Billpay Provider, or its designee, to post pending and completed transactions to Your Service Account (“Bill Payments”). You may request a payment be delivered on a one-time basis or You may request recurring payments. This option may be changed at any time by accessing the Service and changing Your Payment Instructions in the Service at least five (5) business days before the payment is scheduled and/or due. By logging into the Service and completing Payment Instructions, You authorize Billpay Provider to charge your debit card or deposit account for any and all payments that have been agreed to under this Agreement, and direct the payment to Billpay Provider, or its designee, as payment for amounts owed to Billpay Provider.
Any account accessed through the Service is also subject to the terms and conditions applicable to such account, including but limited to Account Agreement Terms and Conditions, Funds Availability Policy, Fees and Charges, etc. You should review these disclosures carefully, as they may include transaction limitations and fees that might apply to Your use of the Service. You may find these disclosures at https://www.marketusafcu.com/Disclosures.
We reserve the right to refuse enrollment, limit or suspend use of the Service to any member who does not meet the Service criteria which has been established by the Billpay Provider.
Included in this criteria is a requirement that subscribers to this Service must live within the United States. The Billpay Provider may revoke, deny the ability to access to the Service, limit access, or limit transactions to the Service without advance notice to You.
This Agreement is subject to change from time to time. You will be given notice of a change as required by law. Further, Billpay Provider reserves the right, in its sole discretion, to change, modify, add, or remove portions from the services. Your continued use of the services constitutes Your acceptance of this Agreement and of any such changes to the services.
You may use the Service to make payments to Your Service Account using a valid: (i) debit card account number; or (ii) checking account number (“Payment Account”). Both of these payment types may not be available through all payment channels.
You may use the Service to make payments up to a maximum of $1,500 per debit card payment and $2,500 per ACH payment.
You agree and consent to electronically receive all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that We provide in connection with Your Service Account and Your use of the Service. Communications include, but are not limited to:
Although We reserve the right to provide Communications in paper format at any time, You agree that We are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any electronic Communications that are important to You and retain the copy for Your records.
You have the right to request paper copies of any Communication. Paper copies can be requested by calling 301-586-3400 during Our operating hours of 9:00 am - 5:00 pm, Monday through Friday, excluding holidays. You must request the paper copy within 180 days of the date of the Communication. If You request one or more paper copies, You understand and agree that We may charge You $10 for each paper copy requested.
It is Your responsibility to keep the e-mail address and mobile phone number that are registered with the Service up to date, so that We can communicate with You electronically. You agree to promptly update Your account records with Us if Your e-mail address, mobile phone number, or other information changes.
In order to access and retain electronic Communications, You will need: a computer or other access device (i.e. tablet, cellphone) with an Internet connection; a modern, supported Web browser with industry standard encryption that includes at least 128-bit encryption and with cookies or other local storage enabled; a valid e-mail address; software which permits You to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader (available for downloading at https://www.adobe.com) and sufficient storage space to save past Communications or an installed printer to print them. You confirm that You have access to the necessary equipment and software to receive and save/print Communications.
Communications may be posted on the Service and/or delivered to the e-mail address or mobile phone number associated with Your Service Account. Each electronic Communication will be deemed to have been received by You no later than five (5) business days after We send it to You by e-mail, Short Message Service (SMS), or post the Communication on the Service, whether or not You have received the e-mail or SMS, or retrieved the Communication. An electronic Communication by e-mail or SMS is considered to be sent at the time that it is directed by Our e- mail server or SMS gateway to the e-mail address or mobile phone number You provided. An electronic Communication by posting to the Service is considered to be sent at the time it is available to You. You agree that these are reasonable procedures for sending and receiving electronic Communications.
By providing Your consent to this Consent to Electronic Communications agreement, You agree that all agreements entered into by electronic or digital means will be deemed valid, authentic and have the same legal effect as agreements entered into on paper; You confirm that You have the hardware and software described above, that You are able to receive and review electronic records, that You have an active email account; and You confirm that You are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates and users identified with Your Billpayer Provider products and accounts.
You may withdraw Your consent to receive Communications electronically by calling 301-586- 3400 during Our operating hours of 9:00 am – 5:00 pm, each Monday through Friday, excluding holidays, or writing to Us at “Attn: Electronic Communications,” Market USA FCU, 8871 Gorman Rd, Suite 100, Laurel, MD 20723. If You fail to provide or if You withdraw Your consent to receive Communications electronically, We may either restrict or deactivate Your access to the Service, or charge You $10 for each paper Communication sent.
By associating an e-mail address or mobile phone number with Your Service Account, You represent that You are the owner of that e-mail address and/or mobile phone number. You consent to receive e-mails and or SMS messages from Us and Our designees. You agree that We and Our designees may use automatic telephone dialing systems in connection with SMS messages sent to any mobile phone number that is associated with Your Service Account. You further acknowledge and agree: (i) You are responsible for any fees or other charges that Your wireless carrier may charge for any related data, SMS or other message services; (ii) You will immediately notify Us if You change or cancel any e-mail address or mobile phone number associated with Your Service Account; (iii) neither We nor Your wireless carrier is liable for any delay or failure to deliver any message sent to or from Us; and (iv) to stop receiving SMS messages from Us, change Your settings within the Service, reply STOP to the most recent SMS message from Us, or call 301-586-3400 during Our operating hours of 9:00 am – 5:00 pm, each Monday through Friday, excluding holidays.
You may pay bills via the Service based on availability to eligible payees located in the United States within established Service limits. You must have a Service Account in order to use the Service. This Service may be accessed either online or via Your mobile device.
We will process variable payments on the business day You designate, provided the payment request is received prior to the cut-off time set by Us. Variable bill requests received after the business day cut off time or at any time on a non-business day will be processed on the next business day.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates You have designated, unless such date falls on a non-business day resulting in Your payment being processed on the next business day.
When scheduling Bill Payments, You must select a scheduled payment date (taking into account the processing information described in the previous paragraph) that is no later than Your actual due date. Scheduled payment dates and recommended delivery times should be prior to any late date or grace period. We will not be responsible for any finance charges or penalties incurred for late payments that were due to invalid information entered by You.
When You have scheduled a payment, You authorize Us to debit Your Payment Account and remit funds on Your behalf. You certify that Your Payment Account is an account from which You are authorized to make payments and any payment You make will be debited from this account. You also authorize the credit of returned payments from using the Service.
We will incur no liability if We are unable to complete any payments initiated because of any of the following:
You agree to have funds available in the Payment Account You designate in amounts sufficient to pay for all Bill Payments requested as well as any other payment obligations You have to us. We reserve the right, without liability, to reject or reverse a Bill Payment if You fail to comply with this requirement or any other terms of this Agreement. If You do not have sufficient funds in the Payment Account and We have not exercised Our right to reverse or reject a Bill Payment, You agree to pay for such payment obligations on demand.
Any Bill Payment that is not a recurring Bill Payment can be changed or canceled, provided You access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
We will not send a periodic statement listing transactions that You make using the Service. The transactions will appear only on the statement issued by Your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION.
You agree to promptly review Your monthly statement from Your financial institution and to notify Us immediately if there are any suspected unauthorized payments or errors related to the Service.
You may stop payment on a recurring Bill Payment or transaction by accessing the Service or by notifying Us either by telephone or in writing at least 3 business days before the scheduled date of the Bill Payment or transaction. We may require You to provide Us with written confirmation of a stop payment order within 14 days of an oral notification. You will be advised when you call Us to request a stop payment order if We will also need Your written confirmation. If You are requested to provide a written confirmation and We do not receive it within 14 days, an oral stop-payment order will not be binding after that time and a subsequent debit may be made to Your account if the item is resubmitted for payment.
Tell Us AT ONCE if You believe that an electronic fund transfer has been made without Your permission, believe anyone has improperly obtained access to Your Service Account, or if You suspect any fraudulent activity or unauthorized transactions on Your Service Account or Payment Account. 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 2 business days after You learn of the such unauthorized access or use of Your Service Account, You can lose no more than $50 if someone used Your Service Account without Your permission.
If You do NOT tell Us within 2 business days after You learn of the unauthorized access or use of Your Service Account without Your permission if You had told us, You could lose as much as $500.
Also, if Your statement shows transfers that You did not make, including those made by card, code or other means, tell Us at once. If You do not tell Us within 60 days after the statement was mailed to you, You may not get back any money You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You had told Us in time. If a good reason (such as a long trip or a hospital stay) kept You from telling us, We will extend the time periods.
In Case of Errors or Questions About Your Electronic Transfers Telephone Us at 301-586-3400, Write Us at Market USA FCU, 8871 Gorman Rd, Suite 100, Laurel, MD 20723, or email Us at 301- 586-3400 as soon as You can, if You think Your statement or receipt is wrong or if You need more information about a transfer listed on the statement or receipt. We must hear from You no later than 60 days after We sent the FIRST statement on which the problem or error appeared.
(1) Tell Us Your name and account number (if any).
(2) Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information.
(3) 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 10 business days.
We will determine whether an error occurred within 10 business days after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We will credit Your account within 10 business days for the amount You think is in error, so that You will have the use of the money 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 10 business days, We may not credit Your account.
For errors involving new accounts, We may take up to 90 days to investigate Your complaint or question. For new accounts, We may take up to 20 business days to credit Your account for the amount You think is in error.
We will tell You the results within three 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.
You are solely responsible for controlling the safekeeping of, and access to, the credentials used to access Your Service Account. You are liable for all transactions made using Your Service credentials. You will be responsible for any Service payment request You make that contains an error or is a duplicate of another Service payment. We are not responsible for a Service payment that is not made if you did not properly follow the instructions for making a Service payment. We are not liable for any failure to make a Service payment if You fail to promptly notify Us after You learn that You have not received credit for a Service payment. We are not responsible for Your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be Our agent. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond Our reasonable control. We make no representation or warranty that any information, material or functions included in the Service are appropriate for use by You in Your jurisdiction. If You choose to use the Service, You do so on Your own initiative and are solely responsible for compliance with applicable local laws and regulations.
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS, VENDORS, AND SERVICE PROVIDERS, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PAYMENT INSTRUCTIONS, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY, ANY LIABILITY OF THE RELEASED PARTIES IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, OR ITS NON-INFRINGEMENT. THE RELEASED PARTIES DO NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS.
Information submitted to Us or Our suppliers is Our property or the property of Our suppliers, and We and Our suppliers are free to use and disclose that information (other than the Service Account, Payment Account or transactions), or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed to by Us or Our suppliers or prohibited by law. We will disclose information to third parties about Your Service Account, Payment Account or the transactions You made (i) where it is necessary for completing transactions; (ii) in order to comply with government agency or court orders; or (iii) if You give Us Your written permission. We shall be free to disclose the tax treatment or tax structure of any transaction under this Agreement.
You may access Our Privacy Policy at https://www.marketusafcu.com/Disclosures/Privacy-Policy relating to the collection and use of Your information.
We have the right to change this Agreement at any time. For any change that results in: (i) increased fees, (ii) increased liability to you; (iii) fewer types of available electronic fund transfers, or (iv) stricter limitations on the frequency or dollar amount of transfers, We will provide 21 days prior written notice to Your e-mail account at the last address shown for the account in Our records, by posting notice on Our Service website, or as otherwise permitted by law. We may, however, change this Agreement without prior notice if necessary to maintain or restore the security of the Service or Your Service Account.
We have the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to Market USA FCU, 8871 Gorman Rd, Suite 100, Laurel, MD 20723. We are not responsible for any payment made before We have a reasonable opportunity to act on Your termination notice. You remain obligated for any payments made by Us on Your behalf.
We are not responsible for any electronic virus that You may encounter using the Service. We encourage You to routinely scan Your computer and diskettes using reliable virus protection products to detect and remove viruses. If undetected and not repaired, a virus can corrupt and destroy Your programs, files and hardware.
DISCLAIMER OF WARRANTIES
THE BILL PAYMENT SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY 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. THE BILLPAYER PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. YOU UNDERSTAND AND AGREE THAT THE BILLPAYER PROVIDER DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL BILLPAYER PROVIDER BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You understand and agree that You are required to indemnify Us and hold Us harmless against any and all claims, suits, proceedings, actions, demands, losses, damages, liabilities, fines, penalties costs, and expenses, including reasonable attorneys' fees and expenses arising from Your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree to indemnify, defend and hold harmless each third party and its respective affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to the Billpay Provider’s or Your use of the third party Software, unless such claim directly results from an action or omission made by such third party in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Maryland, U.S.A., notwithstanding any conflict of laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit the personal jurisdiction of the courts of the State of Maryland. The United Nations Convention for the International Sale of Goods does not apply.
To the extent permitted by law, You agree to the following:
(i) Any and all Disputes (as defined below) involving You and the Released Parties will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This section (the “Arbitration Provision”) will be broadly interpreted.
(ii) The term “Dispute” means any claim or controversy related to the Service or this Agreement, including but not limited to any and all: (a) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (b) claims that arose before this Agreement or any prior agreement; (c) claims that arise after the expiration or termination of this Agreement; and (d) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
(iii) The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to Us by mail to Market USA FCU, 8871 Gorman Rd, Suite 100, Laurel, MD 20723.
(iv) Notwithstanding anything in this Arbitration Provision to the contrary, either You or Us may bring an individual action in a small claims court in the area where You access the Service, if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
(v) This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when You notify Us about Your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless You and Us agree otherwise, any arbitration hearing will take place in Laurel, MD. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
(vi) THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SERVICE USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
(vii) If Your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If Your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be Our responsibility. However, if the arbitrator finds that Your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and You shall reimburse Us for all fees and costs that were Your obligation to pay under the AAA Rules. You may hire an attorney to represent You in arbitration. You are responsible for Your attorneys’ fees and additional costs and may only recover Your attorneys’ fees and costs in the arbitration to the extent that You could in court if the arbitration is decided in Your favor. Notwithstanding anything in this Arbitration Provision to the contrary, We will pay all fees and costs that it is required by law to pay.
(viii) If any part of clause (vi) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND US AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
(ix) This Arbitration Provision will survive the termination or expiration of this Agreement.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between You and us. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between You and us, this Agreement will control. We shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of Our rights under this Agreement. No waiver by Us of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law. We may assign Our rights and/or delegate all or a portion of Our duties under this Agreement to a third party. If any provision of this is Agreement is for any reason determined to be invalid, such provision will be deemed modified so as to be enforceable to the maximum extent permitted by law consistent with the intent of the parties as herein expressed, and such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
Market USA Federal Credit Union is a full-service financial institution with locations in Maryland and South Carolina as well as nationwide locations through the Shared Branch Network.