Scenic Community Credit Union Web Site Agreement

The Scenic Community Credit Union Web Site (the “Site”) is an online information service provided by Scenic Community Credit Union (the “Credit Union”), subject to your compliance with the terms and conditions set forth below.  PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.  THE CREDIT UNION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.  YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 

1.  Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws.  The owners of the copyrights and trademarks are the Credit Union, its affiliates or other third party licensors.  YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.  You agree to grant to the Credit Union a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to the Credit Union by all means and in any media now known or hereafter developed.  You also grant to the Credit Union the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.  You agree that you shall have no recourse against the Credit Union for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Credit Union. 
 
2.  Trademarks.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Credit Union.  Other product and company names mentioned in the Site may be the trademarks of their respective owners. 

3.  Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the Credit Union, the Credit Union does not operate, control or endorse any information, products or services on the Internet in any way.  Except for the Credit Union’s identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with the Credit Union.  You also understand that the Credit Union cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

4.  Use of Other Web Sites.
The Credit Union makes no representations whatsoever about any other web site which you may access through the Site or which may link to the Site.  When you access a web site other than the Site, please understand that it is independent from the Credit Union, and that the Credit Union has no control over the content on that web site.  In addition, a link to the Site does not mean that the Credit Union endorses or accepts any responsibility for the content or the use of such other web site. 

5.  Indemnification.
You agree to indemnify, defend and hold harmless the Credit Union, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site on your behalf. 

6.  Third Party Rights.
The provisions of paragraphs 3 (Use of the Site) and 5 (Indemnification) are for the benefit of the Credit Union and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 

7.  Term; Termination.
This Agreement, as amended from time to time by the Credit Union, governs your use of the Site and the Service.  The provisions of this Agreement survive any discontinuance of such use.  

8.  Quality of Timeliness of Content.
While the Credit Union strives to keep content on the Site correct and current, the Credit Union is not liable for outdated or inaccurate information.  All content on the Site should be verified with a Credit Union representative to ensure reliability.   

9.  Miscellaneous.
This Agreement shall be governed and construed in accordance with the applicable federal laws of the United States of America and the laws of the State of Tennessee applicable to agreements made and to be performed in Tennessee.  You agree that any legal action or proceeding between the Credit Union and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hamilton County, Tennessee.  Any cause of action or claim you may have with respect to the Site or the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  The Credit Union’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  The Credit Union may assign its rights and duties under this Agreement to any party at any time without notice to you.  Any rights not expressly granted herein are reserved.

DISCLAIMER OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.  THE CREDIT UNION PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE (“SERVICE”) OR ON THE INTERNET GENERALLY, AND THE CREDIT UNION SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.  IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.  THE CREDIT UNION DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. 

LIMITATION OF LIABILITY
IN NO EVENT WILL THE CREDIT UNION BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR THE SERVICE, OR DOWNLOADED FROM THE SITE OR THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF THE CREDIT UNION OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE OR THE SERVICE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES, THE CREDIT UNION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

Patriot Act
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING OR CHANGING AN ACCOUNT WITH YOUR FINANCIAL INSTITUTION

Section 326 of the USA PATRIOT ACT requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or changes an existing account. This federal requirement applies to all new customers and current customers. This information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities.

What this means to you: when you open an account or change an existing account, we will ask each person for their name, physical address, mailing address, date of birth, and other information that will allow us to identify them. We will ask to see each person’s driver’s license and other identifying documents and copy or record information from each of them.

Scenic Community Credit Union will maintain the confidentiality of any information obtained in accordance with our privacy policy and applicable laws and regulations

Rev 09-29-23