Effective Date: January 19, 2014
DEFINITION OF TERMS
The terms "you" and "your" refer to users of the Service.
The terms "we", "us" and "our" refer to CyberValley.
The term "Password" refers to the code that you use to access the Service.
The term "Payee" refers to a merchant or other person scheduled to receive a payment through your use of the Service.
The term "Service" refers to CyberValley Central Services Registry as described in this Agreement.
The term "Software" refers to the computer programs through which you are permitted to access the Service.
The term "Agreement" refers to this Central Services Registry Disclosure Statement and Agreement.
PURPOSE. The primary purpose of this Agreement is to authorize transactions by electronic means. When you use, or you permit any other person to use, the Service, you agree to the terms and conditions of this Agreement.
SERVICES. You may use the Service to request the following transactions for accounts that may be accessed through the Service:
- Obtain certain account balance and transaction information.
- Schedule the transfer of funds from your account to Payees which you have selected to receive payment.
- Perform self-service account maintenance.
- Send us secure online messages and questions regarding your account and receive electronic messages from us.
USE OF PASSWORD. AUTHORIZATION. LIABILITY. The Password used with the Service acts as the signature of the owner of the account. The Password identifies the user of the Service as an individual who is authorized to conduct transactions from the account and validates the directions given. By using your Password to gain access to the Service and directing us in your use of the Service, you authorize us to follow those directions. All electronic communications that are authenticated and validated by us will be deemed to be valid and given the same effect as written and signed paper communications.
Your Password for the Service is a security method by which we are helping you to maintain the security of your account. Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PASSWORD. You will be denied access to the Service if you do not enter the correct Password or other requested information. We may require you to change your Password from time to time for security reasons. If you disclose your Password to anyone, you assume all risks and losses associated with such disclosure. You are responsible for all transactions you authorize using the Service. Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down.
ELECTRONIC MAIL. Email or Secure Notifications to CyberValley may be delayed; therefore, if you need us to receive information concerning your account immediately, you must contact us in person or by telephone. We shall have a reasonable period of time after receipt to act on requests or information you send by
POSTING. Transactions conducted on a business day before 9:00 p.m. (Eastern Time) are posted to your account as of that business day. Transactions conducted at or after 9:00 p.m. (Eastern Time) on a business day or on a holiday are posted to your account as of the next business day.
SERVICE HOURS. Online services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on.
BUSINESS DAYS. Our business days are Monday through Sunday. Holidays are not included.
HOW TO CONTACT US. If you believe your Password has been lost or stolen or that an unauthorized transfer from any of your accounts has occurred or may occur, please contact us immediately by calling us at 1-703-348-0681, or writing to us at CyberValley Inc., 11921 Freedom Drive, Reston, VA 20190. You may be denied access to the Service until the Service is reactivated and a new Password selected.
OUR LIABILITY. If we fail to complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
- There are insufficient funds in your account to make the transfer through no fault of ours
- The funds in your account are unavailable
- The transaction you request would exceed the funds in your account
- Your Password has been reported lost or stolen or your Service privileges have been suspended
- We have a reason to believe that the transaction requested is unauthorized
- The failure is due to an equipment breakdown that you knew about when you started the transaction
- The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control
- You attempt to complete a transaction using the Service which is not a permissible transaction
- The transaction would exceed security limitations on the use of the Service
- You have not given us complete information or properly followed our procedures on how to complete the transaction
There may be other exceptions in our rules and regulations, or other agreements between us.
DISCLOSURE OF ACCOUNT INFORMATION. We shall disclose information to third parties about your accounts or the transactions you make, where it is necessary to complete transactions or investigate transaction errors and verify transactions, or in order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports.
LIMITATION ON OUR LIABILITY. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SERVICES DESCRIBED IN THIS AGREEMENT, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SOFTWARE OR THE EQUIPMENT YOU USE TO ACCESS THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
AMENDMENT OF THIS AGREEMENT. We may change the terms of this Agreement at any time, including changes to the Service. We will notify you of the changes as required by law. Your use of the Service, including any new or additional service, after the effective date of the change will constitute your acceptance of and agreement to the change. We have the right to suspend or cancel the Service in whole or in part, at any time, without cause or notice. Your Service privileges may also be revoked if the account that is used with the Service becomes overdrawn. If the Service is suspended or cancelled, you understand that any scheduled transactions will not be made as scheduled. Suspension or cancellation shall not affect your liability or obligations under this Agreement.
CANCELLATION. Your services remain in effect until they are terminated by you or CyberValley. You may cancel your Service at any time by notifying us of your intent to cancel in writing or through Online secure email notifications.
USE OF EXTERNAL EMAIL ADDRESS. We may send messages to your external email address and notify you that responses to your inquiries are available. We cannot act on instructions sent by you from an external email address. You should use secure messaging via your CyberValley Account to send instructions to CyberValley.
CONTACT BY CYBERVALLEY. No CyberValley employee, nor any company affiliated with CyberValley will contact you via email or phone requesting your Online User ID or Password. If you are contacted by anyone requesting this information, please contact us immediately.
GOVERNING LAW. The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law provisions, and federal law.
ASSIGNMENT. We may assign or transfer this Agreement.