Updated: June 2015
This Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving a deposit account at Cardinal Bank. Online Banking and Mobile Banking are available primarily for consumer access. All references to Cardinal Online Banking also refer to Cardinal Online Business Banking; however, not all features of Online Banking are available to businesses. The following disclosures set forth your and our rights and responsibilities concerning electronic funds transfers. In this Disclosure, the words "you" and "your" mean those who sign as applicants or any authorized user(s). The words "we", "us" and "our" mean Cardinal Bank (“Bank”). "Service" means Cardinal Online Banking including the bill payment option.
Your use of Online Banking and Mobile Banking services may also be affected by the agreements between us for your Cardinal Bank accounts. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking services. Please keep a copy of this document, and refer to it for help in answering questions about the Service. When you use any of the services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.
Online Banking Services
Cardinal Online Banking is an electronic banking service that permits you, through the use of your personal computer (PC) or wireless device and the Internet, to do the following:
Access your linked Cardinal Bank checking, savings, certificate of deposit, money market deposit accounts, loans or lines of credit
Obtain balance and transaction information on your linked accounts
Enroll in and receive e-Statements
Transfer funds between your eligible linked accounts
Transfer funds to other accounts held by you or other persons at the same or another financial institution
Make Cardinal Bank loan payments
Receive and pay bills
Access your accounts through Cardinal Mobile Banking using Mobile Web, Mobile Apps, or Text Message Banking
Send and receive electronic mail messages to and from the Bank
Manage your accounts with FinanceWorksTM
Earn cash back with Cardinal CashBack Rewards
Download account information from your linked Cardinal Bank deposit accounts directly into conforming financial management software such as Quicken®, QuickBooks®, and spreadsheet software in CSV format
Manage your account access security, manage email alerts, nickname accounts, update your email address and more
Customers who wish to use Cardinal Online Banking must register, create a user ID and password and comply with additional security provisions. User IDs and password requirements are stated within Online Banking. Your User ID cannot be your Social Security Number/Tax Identification Numbers. Passwords must meet minimum size requirements, and include a mix of upper and lower case alpha characters, numeric characters and special characters.
You may use Cardinal Online Banking to access linked deposit accounts at Cardinal Bank which you own and from which you have the unrestricted right to withdraw funds. The Bank reserves the right to limit the types of accounts that may be accessed or linked.
“Move Money” - FUNDS TRANSFER AMONG CARDINAL BANK ACCOUNTS
Funds transfer allows you to transfer funds between certain eligible Cardinal Bank accounts. You may schedule one-time, recurring or future-dated transfers. You may modify or delete transfers within the Service. You are responsible for all transfers you authorize using the Service and authorize us to debit your designated account for any transfers you establish. You should never provide your User ID and Passwords to others. However, if for some reason, you permit another person to use the Service or give them your user ID or password, you are responsible for transfers that person makes from deposit accounts linked to your Service.
“Move Money” - External Funds Transfer and “Pay Other People” (Popmoney)
This Service is not available for businesses or for individuals under 18 years old.
External Funds Transfers give you the ability to transfer funds between accounts you own at Cardinal Bank and other banks. This is also known as “Account to Account” transfers. You may also transfer funds to other people at Cardinal Bank and other banks. This is also known as “Pay Other People” or “Popmoney.”
If you enroll in either External Funds Transfer or Popmoney, you acknowledge and agree to the following terms and conditions for the Funds Transfer Service “FTS.” The Online Money Movement Service is referred to in this agreement as the “Money Movement Service” and includes both External Funds Transfer and Popmoney.You may transfer funds from any eligible account at almost any financial institution to any other eligible account held by you or another person at Cardinal Bank or another financial institution, assuming that the transfer is permitted by Cardinal Bank and by law. In the Money Movement Service Agreement (“Agreement”), any reference to Cardinal Bank in this Agreement includes any officers, employees, contractors, Money Movement Service provider(s), agents or licensees of Cardinal Bank. As used in this Agreement, the words “you” and “your” refer to you as the user of the Money Movement Service; the words “we,” “us,” “our” and any other variation thereof refer to Cardinal Bank. By accepting the terms of this Agreement, you agree to the terms herein.
ELIGIBILITY. The Money Movement Service is only available for personal accounts enrolled in Online Banking which are in good standing. To use the Money Movement Service, you must be at least eighteen (18) years old. Business accounts are not eligible.
When you enroll in the Money Movement Service, we will review your account status for eligibility. Once approved, you will be able to set-up and manage transfers. If you enroll and we determine you are not eligible, you agree that we can block or suspend your access to the Money Movement Service. If you enroll and schedule a transfer using the Money Movement Service and we have not completed our account eligibility review, but subsequently find your accounts are not eligible, you agree that we can cancel any scheduled transfers and block or suspend your access to the Money Movement Service.
ACCEPTANCE OF TERMS. This Agreement sets out the terms and conditions ("Terms") of the Money Movement Service provider(s) and Cardinal Bankwill provide and you may use Money Movement Service and forms part of a legally binding agreement between you and Cardinal Bank. When you click on the “I agree to accept the terms and conditions” button, your acceptance includes the original acceptance and any amendments to this Agreement or any changes in the Terms.
If you do not accept and agree to these Terms, you will not be entitled to use the Money Movement Service. Cardinal Bank reserves the right to change the Terms under which the Money Movement Service is offered in its sole discretion at any time; however, Cardinal Bank will notify you of any material change to the Terms. Such notification may be made by mail or electronic message. You agree that if you continue to use the Money Movement Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Money Movement Service. You can review, download and print the most current version of this Agreement by visiting the Resource Center on www.cardinalbank.com. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Money Movement Service, you can unsubscribe by contacting Cardinal Bank at 703-584-3400. If your account with Cardinal Bank has closed for any reason, you will have no further right or access to use the Money Movement Service.
Information Authorization. By accepting the terms of the Agreement, you authorize Cardinal Bank and our Money Movement Service provider(s) to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Money Movement Service in violation of law, including, but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Online Money Movement Service Money Movement Service we may verify the Accounts that you add to the Money Movement Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider’s web site, or by requiring you to submit proof of ownership of the Account.
Accounts. You understand that in order to complete fund transfers, it is necessary for Cardinal Bank and our Money Movement Service provider(s) to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Money Movement Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Cardinal Bank and our Money Movement Service provider(s) to use information submitted by you to accomplish these purposes and to configure the Money Movement Service to be compatible with the Accounts.
As long as you are using the Money Movement Service, you give to Cardinal Bank and our Money Movement Service provider(s) a limited power of attorney and appoint Cardinal Bank and our Money Movement Service provider(s) as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Cardinal Bank and/or our Money Movement Service provider(s) has actual knowledge that you wish to cease using the Online Money Movement Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Cardinal Bank and/or our Money Movement Service provider(s) in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider(s) is independent of Cardinal Bank and your use of the Online Money Movement Service Money Movement Service. Cardinal Bank will not be responsible for any acts or omissions by the financial institution or other provider(s) of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider(s).
YOU ACKNOWLEDGE AND AGREE THAT WHEN CARDINAL BANK AND OUR MONEY MOVEMENT SERVICE PROVIDER(S) IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT’S ACCOUNTS, CARDINAL BANK AND OUR MONEY MOVEMENT SERVICE PROVIDER(S) IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Cardinal Bank, its affiliates, Money Movement Service provider(s) and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney 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) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER(S) OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDER(S)S OF THE ACCOUNTS.
Not all types of accounts are eligible for the Money Movement Service. Be sure to check with your financial institution for restrictions regarding transfers among your accounts. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider(s) of your Account or those imposed by applicable law.
General Consent; Categories of Records.The Online Money Movement Service is Internet-based and electronic. 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 the Money Movement Service, including without limitation confirmations of individual transactions.
Any initial, periodic or other disclosures or notices provided in connection with the Money Movement Service, including without limitation those required by federal or state law.
Any customer Money Movement Service communications, including without limitation communications with respect to claims of error or unauthorized use of the Money Movement Service.
Any other communication related to the Money Movement Service.
Although Cardinal Bank reserves 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 any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Money Movement Service.
How to Update Your Records.You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, in the My Profile section of Cardinal Online Banking.
Delivery of Electronic Communications.Communications may be posted on the pages of the Money Movement Service website, the Cardinal Bank website, or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Cardinal Bank or our Money Movement Service provider(s) sends it to you, whether or not you received the e-mail. If the Communication is posted on the Money Movement Service, within Cardinal Online Banking, or on the Cardinal Bank website, then it will be deemed to have been received by you no later than five (5) business days after Cardinal Bank or our Money Movement Service provider(s) posts the Communication on the pages of the Money Movement Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Cardinal Bank’s or Money Movement Service provider’s e-mail server to your e-mail address on file with us. An electronic Communication made by posting to the pages of the Money Movement Service, within Cardinal Online Banking, or on cardinalbank.com is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements.In order to access and retain Communications, you must have:
A current Internet browser that supports 128-bit encryption and allows third party cookies.
An e-mail account and e-mail software capable of reading and responding to your e-mail.
A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent “cookies” on the browser to store any personal information. We have multiple levels of security that have been designed especially for us.
Password. You are responsible for maintaining the confidentiality of your User ID’s and passwords. No one at Cardinal Bank has access to your Account passwords or user ID’s at other financial institutions. Cardinal Bank does not have access to your Cardinal Bank password. You are responsible for use of the Money Movement Service whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Cardinal Bank will know or need to know your password, and Cardinal Bank employees will never ask for your password.
In the Event of Unauthorized Transfer. If you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact us immediately at 703-584-3400 or 1-800-473-3247.
Consumer Liability. 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. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your user ID and password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your code, and we can prove that we could have stopped someone from using your account without your permission if you had told us, you could lose all of the money in your account (plus your maximum overdraft line of credit). Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (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. If you believe that your user ID or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 703-584-3400 or 1-800-473-3247, or write us at Cardinal Bank 8270 Greensboro Drive, Suite 500, McLean, VA 22102. When you give someone your user ID and password, you are authorizing that person to use your Money Movement Service, and you are responsible for all transactions that person performs while using your Money Movement Service. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
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, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged 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 instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud 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, Cardinal Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Error Reporting and Claims. Call us at 703-584-3400 or 1-800-473-3247, or write us at 8270 Greensboro Drive, Suite 500, McLean, VA 22102 as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
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.
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 ten (10) business days. We will tell you the results of our investigation within 10 business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (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 ten (10) business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation of our findings within three (3) business days after we finish our investigation. At the same time, we will debit your account for any funds temporarily advanced to you. We can provide copies of the documents that we used in our investigation upon request.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account or the account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the Recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
Business Days. The Money Movement Service will process requests for transfers on business days. Our business days are Monday through Friday excluding bank holidays.
TRANSFER TYPES AND LIMITATIONS
Types of Transfers. You may use your Cardinal Bank password to access Funds Transfer within the Money Movement Service to transfer funds between any two of your Accounts about which you have provided the necessary information to Cardinal Bank. Transfers can be between Accounts within our Cardinal Bank and another financial institution.
You may use your Cardinal Bank password to access Popmoney within the Money Movement Service to transfer funds from one of your Accounts to an account of a Recipient. You may send money to a Recipient using a mobile telephone number, an email address, or a routing and account number.
Some of these Money Movement Services may not be available at all times. We may from time to time make available additional or new features to the Money Movement Service, including but not limited to, a next day Money Movement Service and a higher limit Money Movement Service. You will be approved or declined for any such additional Money Movement Service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to affect any funds transfers from your Accounts. We may at any time decline to affect any funds transfer that we believe may violate applicable law.
Frequency of Transfers. The Popmoney Money Movement Service is limited to 15 transactions per day and 30 transactions per month. We do not limit the number of external funds transfers you may make; however, you may not make external funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Money Movement Service.
Transfer Limits. You may not make funds transfers in excess of limits described on the Money Movement Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Money Movement Service. Without limiting the foregoing, in the event that your use of the Money Movement Service has been suspended and reinstated as provided herein (see “Suspension and Reinstatement of Funds Transfer and/or Popmoney Money Movement Service” below), you understand and agree that your use of the Money Movement Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. If you choose Next Day Out Bound Transfers, you must have a minimum of $750 in your account after the transfer or we may not process your request. We may require maximum limits per transaction, per day, per rolling 30 days, and per maximum outstanding. If your transfer exceeds the maximum outstanding allowed, the transfer will be cancelled. Notification will be provided to you if this occurs.
Transfers Subject to the Rules of the Accounts. Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Rejection of Transfers. We reserve the right to decline to affect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
Authorization. You authorize us to select any means to execute your funds transfer instructions. You understand that to execute your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules; we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our Money Movement Service provider’s transfer account at the Money Movement Service provider(s)’s clearing bank. After our Money Movement Service provider(s) and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our Money Movement Service provider(s) will credit your Account or the Recipients Account. The sole purpose for our Money Movement Service providers’ transfer account is to complete your funds transfer requests and for performing the Money Movement Services within the scope of this Agreement. The Money Movement Service provider(s) earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our Money Movement Service provider(s) to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Fees are reflected on our Schedule of Fees. You authorize Cardinal Bank to debit your account for any fees.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see “Documentation,” below).
If you have requested a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with certain information, such as the account number and financial institution to which account they would like to have the funds transferred. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer.
Suspension and Reinstatement of Funds Transfer and/or Popmoney Money Movement Service. In the event that we incur a problem with your use of the Money Movement Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend you from use of the Money Movement Service, 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 of your Money Movement Service by contacting us using any of the methods provided for under this Agreement (see “Error Reporting and Claims,” above). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Money Movement Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Money Movement Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Money Movement Service, Cardinal Bank in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see “Dollar Amount of Transfers,” above).
Documentation. You may access a statement of all funds transfers affected or pending at any time by clicking on the Activity tab within Funds Transfer or the Activity tab within Popmoney. If a transfer could not be completed, Cardinal Bank and/or our Money Movement Service provider(s), upon learning that the funds transfer has failed will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact your financial institution or other provider(s) of the relevant Account to learn more about the failure.
Proprietary Rights. You acknowledge and agree that Cardinal Bank and/or our Money Movement Service provider(s) own all rights in and to the Online Money Movement Service. You are permitted to use the Money Movement Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Cardinal Bank and/or our Money Movement Service provider(s)’s Online Money Movement Service or any of Cardinal Bank and/or our Money Movement Service provider's Money Movement Services or technology.
No Unlawful or Prohibited Use. As a condition of using the Money Movement Service, you warrant to us that you will not use the Money Movement Service 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 the Money Movement Service in any manner that could damage, disable, overburden, or impair the Money Movement Service or interfere with any other party's use and enjoyment of the Money Movement Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Money Movement Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
Money Movement Service Changes and Discontinuation. We may modify or discontinue the Money Movement Service or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Money Movement Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Cardinal Bank and/or our Money Movement Service provider(s), or if you provide us with false or misleading information or interfere with other users or the administration of the Money Movement Services. We reserve the right to charge a fee for the use of the Money Movement Service and any additional Money Movement Services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Online Money Movement Service Money Movement Service.
You may close your account with Cardinal Bank at any time by contacting us. Once your account with Cardinal Bank has closed for any reason, you will have no further right or access to use the Money Movement Service, and Cardinal Bank will not access your Accounts thereafter for any reason.
USE OF SMS Messaging. Users of the Popmoney Money Movement Service may receive SMS messages relating to their payments, such as notice of payment, alerts for validation and receipt of a transfer. Popmoney will verify your access to the mobile phone number. To enable this verification Popmoney will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated bank account. You may receive SMS messages related to your transactions from time to time, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Questions. At any time, from your mobile phone, you can send a text message with the word "HELP" to this number: POPMON.
To opt out of the Program. To stop receiving SMS messages you can initiate the opt-out process by sending a SMS message. Just text "STOP" to this number: POPMON.
Links To Third Party Sites. The Cardinal Bank website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. Cardinal Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Cardinal Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Security Procedures. You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer 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 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 funds and transfer 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 charge and debit your accounts based solely on these communications.
Account Number Policy. If funds transfer instructions identify a bank 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. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
Joint Account Holder. In submitting your application for the Online Money Movement Service, 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 the Money Movement Service. We will end your use of the Money Movement Service if any joint account holder notifies us that (i) they never consented to your use of our Online Money Movement Service, (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.
Means of Transfer. You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels; electronic means, funds transfer systems, mail, courier, or telecommunications Money Movement Services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of Cardinal Bank.
Our Liability. If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Cardinal Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, Cardinal Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Cardinal Bank hereunder.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Money Movement Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the Cardinal Bank website was not working properly and you knew about the breakdown when you started the funds transfer.
Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE ONLINE MONEY MOVEMENT SERVICE 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 ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE 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 CARDINAL BANK WEB SITE 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 ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE 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 THE ONLINE MONEY MOVEMENT SERVICE, 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 THE ONLINE MONEY MOVEMENT SERVICE, 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 MONEY MOVEMENT 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 Cardinal Bank, its affiliates, partners, officers, directors, employees, consultants, Money Movement Service provider(s) and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Online Money Movement Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Cardinal Bank account, of any intellectual property or other right of any person or entity.
Recipient. In the event that you are an intended Recipient, another customer (the “Transferor”) has instructed us to transfer funds (the “Funds”) to an account you designate at your bank or other financial institution (the “Account”). In addition to the Terms herein, you agree to accept the terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the “Information”): 1) your full name; 2) your current residential address; 3) the name of your bank or financial institution and ABA routing number (the 9-digit number that appears on the far left of the bottom of your check) of the financial institution which holds your Account; 4) the Account number; and 5) a secret word or phrase known only to you and the transferor. We will utilize the Automated Clearing House (ACH) system to send the Funds to your Account. We will act on the information provided by you in completing ACH credit instructions to your Account. If for any reason your financial institution returns the ACH credit or the credit goes to the wrong financial institution or Account because you have provided us with incorrect information, we may in our sole discretion, take reasonable efforts to complete the credit transaction or return the Funds to the Transferor.
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
Miscellaneous. You understand and agree that our Money Movement Service provider(s) is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Online Money Movement Service; and that you are rightfully authorizing us to access the Accounts.
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. Cardinal Bank’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Cardinal Bank’s 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 website, 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 the Online Money Movement Service. This Agreement may be amended, or any of Cardinal Bank's rights waived, only if Cardinal Bank agrees in writing to such changes, or you continue using the Online Money Movement Service following receipt of notice of any changes proposed by Cardinal Bank. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Money Movement Services, at Cardinal Bank's discretion. All notices to Cardinal Bank must be made in writing. This Agreement is personal to you and you may not assign it to anyone.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
This Agreement shall take effect immediately upon the acceptance of your application for the Online Money Movement Service by us.
Bill Payment Service
In addition to the ONLINE Banking features listed in this disclosure, you may use the Bill Payment Service with eligible deposit accounts. The bill payment service permits you to use your PC or wireless device to direct payments from your linked checking account to third parties. You may also enroll in e-Bills and receive your bills through the Service for participating payees. You may add, modify or delete payees using the Service. We may restrict your ability to pay bills to only one checking account. You must register to establish a bill payment account.
You are responsible for all bill payments you authorize using the Service. You authorize us to debit your designated account for any transactions accomplished through the use of this service. You should never provide your User ID and Passwords to others. However, if for some reason, you permit another person to use the Service or give them your user ID or password, you are responsible for payments that person makes from deposit accounts linked to your Service. All bill payments that you make will be deducted from the account that you designated as your primary checking account for the Service. Any obligations that you wish to pay through the Service must be payable in U.S. dollars. Funds must be available in your primary checking account on the scheduled date. If the date you schedule a payment to be initiated falls on a non-business day, funds must be available in your primary checking account the following business day. After funds are withdrawn from your primary checking account, we may make the payment either by transferring funds electronically to the payee, or by mailing the payee a check drawn on a payment account maintained for that purpose.
You must schedule a payment to a new payee at least twelve (12) business days before the payment due date, to allow us two (2) business days for us to set up the payee and verify information about your account with the payee, and an additional ten (10) business days for the payment to reach the payee. For all subsequent payments, you must allow at least ten (10) business days between the business date you schedule a payment to be initiated and the payment due date. You must allow at least two (2) business days after we receive any change to information you have given us about a payee on an account on your list to reflect the change in our records. You must allow sufficient time for the payee to receive the payment and process it before the payment due date. If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to attempt to have the action reversed.
If you have told us in advance to make regular payments out of your account, you can cancel these payments. Here’s how:
Call us at 703-584-3400 or 1-800-473-3247 or write us at 8270 Greensboro Drive, Suite 500, McLean, VA 22102, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call.
If you order us to cancel one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Online Bill Payment Guarantee. With the Online Bill Payment Guarantee, you know your payment will get where it is supposed to go. Suspect fraud? Please notify us within two business days of when you suspect an unauthorized transaction. Payment late? We cover any late-payment related charges (up to $50.00) should a payment arrive after its due date, as long as the payment was scheduled to be delivered prior to the due date indicated by the payee. This guarantee does not reimburse late fees for payments not scheduled within these guidelines, or payments delayed due to postal delays or delays for posting at the payee.
We are responsible only for exercising ordinary care in processing and sending payments upon your authorization in accordance with this agreement. We are not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the processing date, for delays in mail delivery, for changes to the merchant’s address or account number unless you have made the change sufficiently in advance, for the failure of any merchant to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond our control. If the checking account from which the debit is scheduled does not have sufficient funds to issue a payment as of the date the payment is scheduled to be deducted, your checking account may be charged a fee for non sufficient funds. In such a circumstance we may choose either to deny your payment request or honor your payment request thereby causing an overdraft for which you are responsible.
FinanceWorks & Cardinal CashBack Rewards (Debit Rewards Offers)
In addition to the above content, if you decide to use either FinanceWorks or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
LICENSE GRANT AND RESTRICTIONS.You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the "Service") solely to manage your financial data, and the purchase rewards application ("Debit Rewards Offers") to benefit from your debit card purchases.
In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "Service" and "Debit Rewards Offers" also include any other programs, tools, Internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.
OWNERSHIP.The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
YOUR INFORMATION AND ACCOUNT DATA WITH US.You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect, and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
USE, STORAGE AND ACCESS.We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
THIRD PARTY SERVICES. In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
THIRD PARTY WEBSITES.The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
EXPORT RESTRICTIONS.You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
DEBIT REWARDS OFFERS.If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Debit Rewards. You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.
Debit Rewards Offers Account.You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types. Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your Internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program.
The rewards information that we provide to you, which is provided "as is" and "as available".
your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers, acts of God, strikes, or other labor problems.
Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
With Cardinal Online Banking, you may access your accounts via Mobile Web, Mobile Apps or Text Message Banking using your wireless device. Message and data rates may apply.
Mobile Apps – For Cardinal Mobile App Banking using an AndroidTM, visit the Android market to download the app. For the iPhone®or iPad®app, go to the App Store to download the free app. For Kindle Fire, visit amazon.com. Then, simply log in using your Online Banking User ID and Password.
Mobile Web - For Cardinal Mobile Banking using Mobile Web, simply log in at gocardinal.net using your Online Banking User ID and Password.
Text Message Banking – Access account information information (e.g., for checking balances and recent transactions) over SMS, as well as the option to set up alerts for your accounts and other functionality. Message and Data Rates May Applyfor using this service. To enroll your phone, log in to Online Banking and go to the Mobile Banking & Alerts section. In this section, add your mobile phone number and follow the on-screen prompts. We will verify your mobile phone as part of the set-up process. At this time you may schedule text alerts to help manage your accounts.
To Stop the messages coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to 454545. You'll receive a one-time opt-out confirmation text message. And after that, you will not receive any future messages.
For Help, text"HELP" to the shortcode listed on the web site. To cancel your text message banking service, send a text "STOP" to 454545 at anytime. You can also cancel the service by logging into Online Banking, going to the Mobile Banking & Alerts tab, and deactivating the service.
Deactivating your mobile phone: If you deactivate cellular service for the mobile phone number that you enrolled in the Text Message Banking Service, you are responsible for deactivating that same phone number as described in how To Stop the messages above.
Terms & Conditions:By participating in the Text Message Banking Services, you are agreeing to the terms and conditions presented here.
Other Terms and Conditions
You may use the service day or night, seven days a week by signing on to the Service, however the Service will be temporarily unavailable from time to time for scheduled maintenance and there may also be unscheduled down time although we will work to minimize such interruptions in service. We are not liable in any way for problems or damages you incur if the Internet, Internet service provider or wireless service experiences down time.
Limitations on Frequency and Amount
There is no limit to the number of Cardinal Bank accounts that you can link and access through the Service although there may be limits on the number of accounts you can link for payment to third parties for outgoing payments. When scheduling online bill payments, there is a maximum of $9,999.00 per transaction and a daily maximum limit of $19,999.00. If an exception is provided to you, you acknowledge that you are responsible for the entire amount of the payment, including if the payment was made without your knowledge. Processed payments and transfers cannot exceed the available balance in your deposit account plus the available balance in any overdraft protection account. Other limitations may apply as noted elsewhere in this Agreement.
Fees and Charges
There is no monthly service charge for accessing your linked accounts, or for paying bills with Cardinal Online Banking or Cardinal Online Business Banking. Depending on how you access Online Banking, you might incur charges for:
Typical account fees and service charges
Any Internet service provider fees
Any wireless service provider fees
Purchase of computer programs or software
Excessive transfer fee for savings and Money Market
NSF, return item or overdraft
Restrictions on Transfers From Savings And Money Market Accounts
Under Federal Reserve Board Regulation D, depositors are permitted to make no more than six transfers or withdrawals from a savings or money market account per month (not counting transactions made at ATMs or at branches). Transfers made by telephone, personal computer, or funds transferred for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions more than three times during a 12 month period, we will close the savings or money market account and transfer the funds to a checking account. On Cardinal savings or money market savings accounts, we charge a fee for each withdrawal or transfer in excess of three per monthly cycle period.
Liability for Unauthorized Transfers Applicable Only to Consumer and Sole Proprietor Accounts
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. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your user ID and password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your code, and we can prove that we could have stopped someone from using your account without your permission if you had told us, you could lose all of the money in your account (plus your maximum overdraft line of credit). Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (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. If you believe that your user ID or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 703-584-3400 or 1-800-473-3247, or write us at Cardinal Bank 8270 Greensboro Drive, Suite 500, McLean, VA 22102. When you give someone your user ID and password, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.
Our Liability for Failure to Make Transfers
If we do not 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 directly related to the transaction. However, there are some exceptions. We will NOT be liable for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer
If the money in your account is subject to legal process or other claim restricting such transfer
If the transfer would go over the credit limit on your overdraft line
If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken
There may be other exceptions not stated in our agreement with you
In Case of Errors or Questions About Your Electronic Transfers - Applicable Only to Consumer and Sole Proprietor Accounts
Call us at 703-584-3400 or 1-800-473-3247, or write us at 8270 Greensboro Drive, Suite 500, McLean, VA 22102 as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
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.
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 ten (10) business days.
We will tell you the results of our investigation within 10 business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (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 ten (10) business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation of our findings within three (3) business days after we finish our investigation. At the same time, we will debit your account for any funds temporarily advanced to you. We can provide copies of the documents that we used in our investigation upon request.
For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday excluding bank holidays.
You will get a monthly account statement from us which details your account activity including Online Banking transactions.
We may disclose information to third parties about your account or the transfers you make:
To complete transactions or bill payments as necessary
To verify the existence and condition of your account upon the written request of a third party, such as a credit bureau or merchant
To comply with government agency or court orders; or in connection with fraud prevention or an investigation
If you give us your written permission
These codes are issued to you for your security purposes. They are confidential and should not be disclosed to third parties. You are responsible for safekeeping your user ID and password. You agree not to disclose or otherwise make these codes available to anyone not authorized to sign on your accounts. You must immediately notify us and select a new password if you believe your password may have become known to an unauthorized person.
Online Banking Notifications
We offer a feature that allows you to set up a notification service for certain events that relate to your linked accounts. When you activate the notification service, you will be able to set up email messages to update you on balance and check clearing information as well as certificate of deposit maturity dates.
When you activate a notification, you agree to the following:
Online Banking Notifications allow you to sign up to receive automated alert messages for your Online Banking accounts
Each notification message has different options available, and you will be asked to select from these options upon activation of your notifications service
Electronic notifications will be sent to the email address you have provided as your primary email address for Online Banking. If you change your email address you are responsible for informing us of the change
You understand and agree that your notifications may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any notification. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; or for any actions taken or not taken by you or any third party in reliance of an alert
Email or Secure Notifications to the Bank may be delayed; therefore, if you need us to receive information concerning your account immediately, you must contact us in person or by telephone (for requests such as, stop payments, to report a lost or stolen card or to report unauthorized use of your account). We shall have a reasonable period of time after receipt to act on requests or information you send by email.
Contact by Cardinal Bank
Neither Cardinal Bank employee nor any company affiliated with Cardinal Bank Online Banking 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.
All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the address specified in this agreement. We reserve the right to change the terms and conditions upon which this Service is offered. We will mail notices to you at least thirty (30) days before the effective date of any change, as required by law. Use of this Service is subject to existing regulations governing your account and any future changes to those regulations.
In the event either party brings a legal action to enforce this agreement or collect amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law.
Termination of Cardinal Online Services
You agree that we may terminate this agreement and your use of the Service:
At any time for any reason, including inactivity
You or any other party to your account can terminate this agreement by notifying us in writing
Termination of this Agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.
If you do not log on or have outstanding scheduled bill payments or transfers through Online Banking service or Online Bill Pay for 180 days, we may cancel your Service without further notice.
There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. Matters not covered by this disclosure shall continue to be governed by theUniform Commercial Code as adopted in Virginia and by any applicable federal law as well as applicable account agreements