Disclosures

HomeResourcesDisclosures

Disclosures and Agreements

Business Banking Disclosures

WESTERRA ONLINE DISCLOSURES

This Agreement and Disclosure provides information about Westerra Credit Union Online Banking Service (“Westerra Online”). For the purpose of this document, the words “you,” and “yours” shall refer to each member who is eligible and signs up for Westerra Online and the words “we,” “us,” “our,” “Westerra” and “Credit Union” shall refer to Westerra Credit Union. The word “Account” means any one or more accounts you have with the Credit Union. Please read this disclosure carefully because it represents our mutual agreement with respect to transactions on Westerra Online. You should print out and keep this disclosure statement for future reference.

Eligibility:
You understand that in order to use Westerra Online, you must have an Account with Westerra and a self-chosen username and password.

Westerra Credit Union Username and Password:
Westerra uses your unique username which will serve as your identification when using our Internet account access services. In addition to your username, we require the use of a password which you may change at your convenience. These two unique pieces of information provide online protection and enable you to view your account information quickly, easily and safely. NOTE: Westerra Credit Union will never ask you for your password. Please keep your username and password in a secure place. If you feel either may have been lost or compromised, please notify Westerra Credit Union immediately at 303-321-4209 or 1-800-858-7212.

General Information About Westerra Online:
Westerra Online is an Internet account access service. You may access your Account by computer, using your username, password and Internet connection, at virtually any time, day or night, 7 days a week to (1) check account balances, (2) transfer money (3) check the history of your Account, (4) pay most bills with Westerra Online Bill Payment Service and (5) obtain Westerra product and service information. However, Westerra Online may occasionally be unavailable due to record updating or technical difficulties.

Westerra may discontinue or restrict Westerra Online transactions without notice. You may terminate this agreement at any time by giving the Credit Union written notice. Entering your PIN when you sign in to Westerra Online means you have read, understood and agreed with the disclosure connected with this service. You agree to be bound by future changes in terms that will be provided electronically. Additionally, you agree to be bound by future changes in terms relating to fees and consumer liability, notice of which shall be given in writing by mail at least twenty-one (21) days prior to implementation. You agree to review the disclosures that are provided each time you access Westerra Online. Unless otherwise noted, all days are business days and exclude holidays.

Equipment and Technical Requirements:
You understand that you must have Internet Access through an Internet Service Provider and Internet Browser Software to use Westerra Online. For your protection, Westerra’s Internet server requires you to use a form-capable browser such as Microsoft Internet Explorer. When your browser communicates with our server, the application information form is encrypted for security while traveling over the Internet. You understand that Westerra does not make any warranties on equipment, hardware, software or Internet Service Provider service, or any part therein, expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.

Consumer Liability Disclosure:
By accessing Westerra Online, you agree that it is your responsibility to safeguard your username and password in order to prevent unauthorized transactions and/or Account access. You assume all responsibility for any losses that occur on your account due to negligence such as failing to protect your username and password from unauthorized use. You also agree that Westerra may revoke Internet account access if unauthorized account access and/or transactions occur (1) as the apparent result of your negligence in safeguarding your username and password, (2) for any violation of the terms of use described herein, (3) for use of the system for illegal activities or (4) for any other use of the system that, in Westerra’s opinion presents an unreasonable risk of damage or loss to Westerra, its members or third parties.

You agree to notify Westerra AT ONCE if you believe that your username and/or password has been lost or stolen or that your account has been accessed without your authorization. You could lose all the money in your account, plus your maximum overdraft line of credit. Utilize the following information to contact Westerra:

Westerra Credit Union
3700 E. Alameda Ave.
Denver, CO 80209
Business Days: Monday through Friday, excluding federal holidays
Telephone Service Center: 303-321-4209 or 1-800-858-7212

The best way to minimize your possible loss is to immediately contact Westerra by telephone, although you may advise Westerra in person or in writing.

If you inform us within two (2) business days after you learn of unauthorized access to your Account, you can lose no more than $50 from your Account due to such unauthorized access.  If you do NOT inform us within (2) business days after you learn of the unauthorized access, and we can prove we could have stopped someone from using your account without your permission had you informed us, you could lose as much as $500 from your Account.

Advise Westerra AT ONCE if your Account statement evidences any electronic fund transfer that you did not make or authorize. If you do not tell us within sixty (60) days after the first statement that reflected the unauthorized transfer was mailed to you, you may not be reimbursed for the unauthorized transfer, provided we can prove that we could have stopped the unauthorized transfer had you informed us in the allotted time.
Westerra reserves the right to extend the above time periods for good cause shown.

Fees:
Access to Westerra Online is free. However, regular charges and fees apply to certain transactions. Westerra reserves the right to charge for Internet Account access services. You will be given at least thirty (30) days advance notice before Westerra Credit Union implements any charges or fees for any Internet Account access related services.

Transfer Terms and Limitations:
In compliance with Federal Regulation D, Westerra is required to limit transfers from share savings and money market accounts to no more than six (6) transfers per calendar month and a maximum of three (3) checks per month if they are to another of your Westerra accounts or a third party by means of a preauthorized, automatic, telephonic (Phone Banking or oral) or Internet instruction.

There is no limit on the number of transfers from your share savings and money market account if they are made in person, by mail or to make monthly payments on loans at Westerra.

Liability for Failure to Make Transfers:
If Westerra does not complete a transfer to or from your account on time or in the correct amount according to this disclosure statement with you, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. However, there are some exceptions. We will NOT be liable, if:

(1) Through no fault of ours, you do not have enough money in your account to make the transfer;
(2) You have an overdraft protection line of credit and the transfer would go over the credit limit;
(3) The terminal or computer was malfunctioning in a manner which you knew, or reasonably should have known, would adversely affect the completion of your transaction; or
(4) Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

Account Information:
We will disclose information to third parties about your account or the transactions you make:
(1) Where it is necessary for completing transfers;
(2) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
(3) In order to comply with a government agency or court orders; or
(4) If you give us written permission.

Error Resolution Notice:
Immediately call or write us at the telephone number or address listed above if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. If you inform us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

In Informing us of an error regarding your electronic transfers:
(1) Tell us your name and account number;
(2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
(3) Tell us the dollar amount of the suspected error.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will 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 credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

SERVICE DEFINITIONS
"Service" means the bill payment service offered by Westerra Credit Union, through CheckFree Services Corporation.

"Agreement" means these terms and conditions of the bill payment service.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

“Billing Account” is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

“Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date earlier than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS
The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

Information provided to the Biller – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation – Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 303-321-4209 or 1-800-858-7212 during business hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
1. Telephone us at 303-321-4209 or 1-800-858-7212 during business hours;
2. Contact us by using the application’s e-messaging feature; and/or,
3. Write us at:
Westerra Credit Union
P.O. Box 9408
Denver, CO 80209-0408

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
1. Tell us your name and Service account number;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
5. The Service is authorized to report the facts concerning the return to any credit reporting agency.

ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
1. Telephone us at 303-321-4209 or 1-800-858-7212 during business hours;
2. Contact us by using the application’s e-messaging feature; and/or,
3. Write us at:
Westerra Credit Union
P.O. Box 9408
Denver, CO 80209-0408
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the state court having jurisdiction in the City and County of Denver, Colorado.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

STATEMENT DISCLOSURES

E-STATEMENT AND E-NOTICE DISCLOSURE

By agreeing to these terms you agree to receive your statement and other disclosures that are required to be provided to you by law, electronically. After agreeing to these terms, you will no longer receive paper statements or notifications regarding your account that would otherwise be sent to you in paper form via U.S. Postal Service. All statements, disclosures, and notices we are required to provide, will be delivered electronically.

In making this election, you retain the right to notify Westerra Credit Union of your decision to rescind this election and to begin receiving statements, disclosures and notices in paper form. If you choose to rescind this election, you agree to provide us notification no less than five (5) business days prior to the date that the periodic statement would normally be made available to you. Further, you agree that you will provide this notification by email to email@westerracu.com or by calling Westerra Credit Union at 303-321-4209 or 1-800-858-7212. Withdrawal of this consent may result in a change of terms to your checking account with Westerra. Please contact Westerra at the above telephone number to identify how this electronic statement election may affect your account.

If, during the period of time that you have elected to receive statements electronically, and you wish to receive a paper copy of any individual statement, you may do so by contacting Westerra at the email address or telephone number noted above. You agree to pay the fee according to Westerra's fee schedule for a statement printout.

Method of Obtaining Electronic Statements

Electronic statements to Westerra Credit Union accounts will be accessed through Westerra Credit Union's Online Banking system, located on our website at www.westerracu.com. If you wish to receive eStatements, disclosures and notices you must have Internet access with a compatible browser and an email address that will be used to notify you when your electronic statements and/or notices are available.

Recommended Browsers:

  • Internet Explorer        
  • Chrome          
  • Firefox

The eStatements, disclosures and eNotices will be available at www.westerracu.com for no less than 90 days. To retain a copy for your purposes, you should save this page for your records.

EQUAL CREDIT OPPORTUNITY ACT/REGULATION B UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL TO DISCRIMINATE IN ANY CREDIT TRANSACTION:

  • On the basis of race, color, national origin, religion, sex, marital status, or age
  • Because income is from public assistance, or
  • Because a right was exercised under the Consumer Credit Protection Act.

IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND A COMPLAINT TO:

National Credit Union Administration
Office of Examination and Insurance
1775 Duke Street
Alexandria, VA 22314-3428

ELECTRONIC DISCLOSURE AND CONSENT

By selecting the checkbox in front of the statement “I have read the Electronic Disclosure and Consent and I consent to the use of electronic records in connection with this application,“ You agree that you have received and accept the “Member and Business Account Agreements, Disclosures and Information Guide,” the current “Service Charge and Fee Schedule” and the current rates as published on the westerracu.com website, and/or you have printed these disclosures as described below under “Printing” and wish to continue with the account opening process. The following terms and conditions apply to our delivery and your receipt of these Disclosures online. 

Scope of Online Consent. Your consent to receive these documents online includes the following documents provided on the Westerra Credit Union website: (1) the “Member and Business Account Agreements, Disclosures and Information Guide” and the “Service Charge and Fee Schedule,” both accessible via this Disclosures and Agreements link, (2) the current deposit account rates, accessible via this “Savings Rates” link, and (3) any amendments the Credit Union makes to these documents from time to time which are incorporated herein. 

Browser Requirements. Recommended browsers include: Internet Explorer, Firefox or Google Chrome. Always keep your browsers up to date.

Paper Copies. You have the right to request and receive a paper copy of the “Member and Business Account Agreements, Disclosures and Information Guide,” the “Service Charge and Fee Schedule,” and/or the current deposit account rates at any time by contacting any branch office or requesting the documents by telephone at 303-321-4209 or 1-800-858-7212 or email at email@westerracu.com. There is no fee for requesting the paper documentation.

Printing. To print a paper copy click this link and select the “Member and Business Account Agreements, Disclosures and Information Guide” or the “Service Charge and Fee Schedule,” or click this link for the current deposit account rates. Select “File” and “Print”. All disclosures and future revisions will be available to be printed by you. 

Once you have reviewed the disclosure you can return to the account opening page, select the checkbox as noted above and resume the online account opening process.

To view the Electronic Disclosure & Consent in a PDF format, please click here.

HOME MORTGAGE DISCLOSURE ACT NOTICE
The HMDA data about our residential mortgage lending are available online for review. The data show geographic distribution of loans and applications; ethnicity, race, sex, age and income of applicants and borrowers; and information about loan approvals and denials. These data are available online at the Consumer Financial Bureau’s website. HMDA data for many other financial institutions are also available at this website.

X