In this Agreement, the words "you", "your" and "yours" mean those who request and use Hiway Credit Union’s Money Tracker Service, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we," "us," “Credit Union”, “Hiway  ” and "our" mean Hiway Credit Union®.

Use of Money Tracker indicates acceptance of terms and conditions set forth in the All About Your Accounts disclosure and conditions set forth in this Money Tracker Agreement ("Agreement") as each may be jointly and/or independently amended from time to time. This Agreement governs the use of the personal finance management tool described herein as Money Tracker, which is offered by and through Hiway.

With our fully interactive online service, you may monitor any of your financial account relationships from any of your accounts at Hiway or from any other account held by you at another financial institution, referred to in this agreement as “Accounts”, assuming, of course, that the financial institution has the ability to and permits you to release your financial information to Money Tracker and Hiway.

INTRODUCTION. Money Tracker is the personal financial management tool that Hiway makes available through Jack Henry & Associates, Inc.®, doing business as Geezeo.com. Money Tracker includes analyzing your personal finances through the Account information you provide, and the impact of various strategies on them.

INFORMATION AUTHORIZATION. We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or financial institutions holding your Accounts, are not using Money Tracker in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering”. Hiway reserves the right, in its sole discretion, to determine if you are eligible and approved for Money Tracker. If you are approved for Money Tracker, we shall verify the Accounts that you add to Money Tracker. You authorize us to validate the Accounts. Once the validation is complete, we may also verify Accounts by requiring you to submit proof of ownership of the Account.

USER CONTENT. Subject to our privacy policy, you agree that we may use, copy, modify, display and distribute any information, data, materials or other content you provide to us for the purpose of providing Money Tracker, and you hereby give us authorization to do so. By submitting content, you represent that you have the right to grant such content authorization to us for the purposes set forth in this Agreement.

ACCOUNTS. You understand and agree that, at all times, your relationship with each Account provider is independent of us and your use of Money Tracker. We will not be liable or responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE COLLECTING INFORMATION RELATED TO MONEY TRACKER FROM ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION GRANTED BY YOU.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (3) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; (4) THE ACTIONS OR INACTION OF ANY OTHER FINANCIAL INSTITUTION OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of Accounts are eligible for Money Tracker. Be sure to check with your financial institution for restrictions regarding your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other Account types. We are not responsible for any costs or losses incurred from the provider of your Account or those imposed by applicable law.

ELECTRONIC COMMUNICATIONS. General Consent; Categories of Records. Money Tracker is an electronic, Internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

  • This Agreement and any amendments, modifications or supplements to it.
  • Your records of funds transfers and other transactions through Money Tracker, including without limitation confirmations of individual transactions.
  • Any initial, periodic or other disclosures or notices provided in connection with Money Tracker, including without limitation those required by federal or state law.
  • Any Member Service communications, including without limitation communications with respect to claims of error or unauthorized use of Money Tracker.
  • Any other communication related to Money Tracker.

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 are considered to be in writing.

PRIVACY AND CONFIDENTIALITY. We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the service, we must obtain from you certain personal information about you, your Accounts and your transactions. You represent that you have the right to provide such information and that you give us the right to use the information in accordance with our privacy policy. All of your personal and financial information will be placed on a secure portion of our website.

AUTHORIZATION AND LIMITATIONS. You authorize us to access your personal financial information for each Account you request Hiway to include in Money Tracker.

SUSPENSION AND REINSTATEMENT OF MONEY TRACKER. In the event that we at any time incur a problem with your use of Money Tracker, including, without limitation, attempting to include Accounts you are not authorized to access, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate your right to use Money Tracker, Online Banking and any other services available through Online Banking, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement by contacting us using any of the methods provided for under the Agreement. We reserve the right to, at our discretion, grant or deny reinstatement. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate service subject to other restrictions than otherwise might be available to you.

YOUR RESPONSIBILITY FOR ERRORS. You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. You understand that financial institutions receiving your request for the release of information may rely on such request through Money Tracker. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation.

You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree Hiway shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities or mis-information in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

PROPRIETARY RIGHTS. You are permitted to use Money Tracker only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile Money Tracker.

NO UNLAWFUL OR PROHIBITED USE. As a condition of using Money Tracker, you will not use Money Tracker for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use Money Tracker in any manner that could damage, disable, overburden or impair Money Tracker or interfere with any other party's use and enjoyment of Money Tracker. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Money Tracker. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

SECURITY PROCEDURES. You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Account.

DEVIATING FROM SECURITY PROCEDURES. You agree to allow us to authorize any financial institution at which you have an Account to accept instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to release your Account information based solely on these communications.

ACCOUNT NUMBER POLICY. If instructions identify a financial institution or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers.

JOINT ACCOUNT HOLDER. In submitting your application for Money Tracker, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for Money Tracker. We will end your use of Money Tracker if any joint account holder notifies us that (i) they never consented to your use of Money Tracker, (ii) the joint account can no longer be operated on your instructions alone or (iii) they are withdrawing consent for you to operate the joint account.

OUR LIABILITY. If we fail to provide Money Tracker in accordance with the terms and conditions of this Agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no event be liable for any losses, fees, overdraft charges or damages other than those arising from our breach of a representation or warranty provided herein.

You agree that your use of Money Tracker constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if, you suffer a loss based on the accuracy of information provided to you through Money Tracker. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond such party's reasonable control and without its negligent or willful misconduct, including without limitation circumstances beyond Hiway's control (such as, but not limited to, fire, flood or interference from an outside force).

LIMITATION OF WARRANTY AND LIABILITY. YOU UNDERSTAND AND AGREE THAT MONEY TRACKER IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MONEY TRACKER 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 EXPRESSLY SET FORTH ON THE WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL 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, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MONEY TRACKER, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT MONEY TRACKER WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE MONEY TRACKER, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON MONEY TRACKER, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Hiway, our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising directly or indirectly from: (a) your use of Money Tracker; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via Hiway’s online banking service (Online Banking) or Money Tracker; and/or (e) your infringement, or infringement by any other user of your Account(s) at our web site, of any intellectual property or other right of any person or entity.

MISCELLANEOUS. You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability, and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions.

Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.

The most current version of this Agreement as it appears on our web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding Money Tracker. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using Money Tracker following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via email, conventional mail or messages delivered through the secure Communications Center inside Online Banking, at our discretion. Regardless of your receipt of email notification, you agree that our posting of the Amendment on Online Banking constitutes delivery of your amendment notice. All notices to us must be made in writing and sent to us at Hiway via registered or certified mail.

We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of the rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

You may not assign any of your rights under this Agreement, except with the prior written consent of Hiway. You are prohibited from any and all assignments of rights under this agreement, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law or any other manner. You may not delegate any performance under this Agreement. Your purported assignment or delegation of any rights of performance are in violation of this agreement and void.

We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs or assessments. We may amend or cancel any provision or charge by disclosing the change in writing or electronically, and, at our option, by sending notification to the email address recorded during your Online Banking enrollment. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing services to which these changes relate, at your option. Regardless of your receipt of email notification, you agree that our posting of the Amendment on Online Banking constitutes delivery of your amendment notice. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

VIRUS PROTECTION. Hiway is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their computer and removable storage devices using a reliable virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

THIRD-PARTY BENEFICIARIES. This Agreement is for the sole and exclusive benefit of members and is not intended to benefit any third party. You and Hiway acknowledge and agree that any party that licenses the Software to Hiway, directly or indirectly through one or more sublicenses, is a third party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.