Terms of Service

PROVIDENT CREDIT UNION WEBSITE TERMS AND CONDITIONS AND MOBILE APP END-USER LICENSE AGREEMENT

Thank you for visiting the Provident Credit Union website located at www. providentcu.org (the "Site"). The Site is an Internet property of Provident Credit Union ("Provident," "we," "our" or "us"). You agree to the following Provident Credit Union Website Terms and Conditions and Mobile App End-User License Agreement ("Terms and Conditions"), in its entirety, when you: (a) access or use the Site; (b) access and/or download the Provident mobile application (the "App"), as made available to users of the iPhone®, iPad®, iPod Touch®, Google Play®, Android® and other mobile devices (collectively, "Mobile Devices") by and through the iTunes Store®, Google Play® store and other applicable venues ("Download Venues"); (c) access and/or download any of the text, brochures, audio, video, photographs, graphics, artwork and/or other Provident content featured on the Site and/or App (collectively, "Content"), including information concerning Provident's various financial and lending services including, without limitation, mortgage loans, auto loans, personal loans, checking accounts, money market accounts, term share certificate accounts, retirement accounts, insurance and investment services, pre-paid debit cards (reloadable and non-reloadable) and credit cards (collectively, "Provident Financial Products"); (d) utilize the searchable directory of Provident locations made available on the Site ("Location Directory"); (e) access links to Provident's social media pages/accounts featured on third-party social media websites, such as Facebook®, LinkedIn®, Twitter® and Yelp® (collectively, "Social Media Pages"); (f) register for a member account and/or apply for a Loan or other Provident Financial Product(s) on the Site and/or by and through the App; (g) utilize the various online banking services made available on the Site and by and through the App ("Online Banking Services"); and/or (h) utilize the contact forms and/or other functionality as a means to request to be contacted by Provident and/or any third-party credit union service providers ("Third-party Service Providers") (collectively, "Contact Services," and together with the Site, App, Content, Location Directory, Social Media Pages and Online Banking Services, the "Site/App Offerings").

Your access to, and use of, the Provident Financial Products shall at all times be governed by, and remain subject to, a separate Provident Account Holder Agreement to be entered into by and between you and Provident. Please review the Provident Account Holder Agreement carefully prior to accessing any Provident Financial Products. If you do not agree to the terms and conditions of the Provident Account Holder Agreement in their entirety, you are not authorized to use the Provident Financial Products in any manner or form whatsoever.

The Provident Website Privacy Policy ("Privacy Policy"), the Provident Privacy Notice, all of the terms, conditions and policies listed on the Site, Online Banking and in the App (collectively, "Policies"), and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions of the Agreement in their entirety, you are not authorized to use the Site/App Offerings in any manner or form whatsoever.

Android® and Google Play® are registered trademarks of Google, Inc. ("Google"). Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). iPhone®, iPad®, iPod Touch® and the iTunes Store® are registered trademarks of Apple, Inc. ("Apple"). LinkedIn® is a registered trademark of LinkedIn Corporation ("LinkedIn"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Yelp® is a registered trademark of Yelp, Inc. ("Yelp"). Please be advised that Provident is not in any way affiliated with Apple, Facebook, Google, LinkedIn, Twitter or Yelp, nor are the Site/App Offerings or Provident Financial Products endorsed, administered or sponsored by any of the foregoing entities.

Use of the Site and App, including any patterns or characteristics concerning your interaction with the Site and App, as applicable, may be monitored, tracked and recorded. You expressly consent to such monitoring, tracking and recording. Unauthorized use of the Site/App Offerings and/or associated networks and systems including, but not limited to, unauthorized access to the Site and/or App, misuse of passwords and/or misuse of any information posted to the Site and/or App, is strictly prohibited.

THE APP.

The App. For purposes of the Agreement, the term "App" includes all Provident and third-party software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the App's functionality. The App enables end-users to utilize certain Site/App Offerings including, without limitation, the Online Banking Services. End-users must be of sufficient legal age under applicable law to download the App. Each end-user acknowledges and agrees that access to, and the functionality of, the App may be interrupted and limited, and may not be error free. Each end-user understands and agrees that Provident shall not be liable to any end-user or third-party for any claim in connection with such end-user's inability to use the App.

Installation. Provident believes in providing end-users with clear, concise and complete disclosure before end-users download and install the App, including a description of the primary functions of the App. The App requires end-user consent prior to installation. Provident does not believe that end-users should be deceived into downloading or installing the App. In order to download the App, as made available on mobile platforms, you must either utilize the options made available: (a) on the Site; or (b) via participating Download Venues.

Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: contactcenter@providentcu.org; or call us at: (800)632-4600.

Download Venues. The Agreement is entered into by and between you and Provident, and not with the applicable Download Venue that you use to access the App. As between Provident and any participating Download Venue, Provident is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated. Use of those stores shall be governed by the applicable venue's agreements, terms and conditions. Provident does not control the Download Venues or any of the actions, policies or decisions made by the operators of those stores. If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (a) on an Apple®-branded product or device that runs iOS (Apple's® proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple® Store Terms of Service, as applicable.

Updates/Bug Fixes. Provident reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide bug fixes, error corrections, patches, new releases and/or any other component not specified within the Agreement, from time to time. When installed on an end-user's Mobile Device, the App periodically communicates with Provident servers. Provident may require the updating of the App residing on an end-user's Mobile Device when Provident releases a new version of the App, or when Provident makes new features of the App available. This update may occur automatically or upon prior notice to the end-user and may occur all at once or over multiple sessions, in Provident's sole and absolute discretion. Each end-user understands that we may require that end-user's review and acceptance of our then-current Agreement before that end-user will be permitted to use any subsequent versions of the App. Each end-user acknowledges and agrees that Provident has no obligation to make any subsequent versions of the App available to that end-user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH END-USER'S SOLE OPTION AND RISK. IF AN END-USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. PROVIDENT IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY END-USER'S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.

License Grant/Termination. Subject to the terms and conditions of the Agreement, Provident hereby grants to each end-user a personal, non-exclusive, non-transferable, revocable and limited license to access and use the App on Mobile Devices that are owned or leased by such end-user. Provident may terminate the licenses set forth in this Section 7 and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. The licenses set forth in this Section 7 shall be in effect unless and until this license is terminated by Provident. In addition, this license will terminate immediately with respect to an end-user if that end-user fails to comply with any term or condition of the Agreement. Each end-user agrees upon expiration or termination of this license to immediately un-install the App.

License/Usage Restrictions. THE APP IS LICENSED TO END-USERS, NOT SOLD. END-USERS MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF THEIR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE APP OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE APP IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF PROVIDENT, WHICH CONSENT SHALL BE AT PROVIDENT'S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. END-USERS MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE APP OR OTHERWISE ATTEMPT TO: (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE APP INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE APP; OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE APP. END-USERS SHALL NOT USE THE APP TO DEVELOP ANY PRODUCT AND/OR SERVICE THAT HAS THE SAME OR ANY SIMILAR FUNCTION AS THE APP OR OTHER PROVIDENT OFFERINGS.

Export Restrictions. Each end-user agrees that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and/or regulations.

THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE.

  1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site/App Offerings. The Agreement constitutes the entire and only agreement between you and Provident with respect to your use of the Site/App Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site/App Offerings shall be subject to the Agreement. You understand and agree that Provident is not responsible or liable in any manner whatsoever for your inability to use the Site/App Offerings.

  2. Modification of Agreement; Modification of Site Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and in the App, and you should review the Agreement prior to using the Site/App Offerings. By your continued use of the Site/App Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

  3. PROVIDENT MAY DISCONTINUE OR MAKE CHANGES IN OR TO THE PROVIDENT FINANCIAL PRODUCTS AND/OR SITE OFFERINGS, AS WELL AS THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED BY AND THROUGH THE SITE OFFERINGS, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND PROVIDENT DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. PROVIDENT RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.

  4. Requirements; Necessary Equipment. The Site/App Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site/App Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction), that individual does not have permission to use and/or access the Site/App Offerings. You agree not to attempt to log on to the Site and/or access the App from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site and/or access the App from one of these countries may result in your access being restricted and/or terminated.

    End-users shall be responsible, at all times, for ensuring that they have a Mobile Device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Site, App and other Site/App Offerings, as applicable. Provident does not guarantee that the Site, App and other Site/App Offerings can be accessed: (a) on all computers and/or Mobile Devices; (b) through all Internet/wireless service plans; and/or (c) in all geographical areas. Provident does not guarantee the quality, speed or availability of your computer and/or Mobile Device's Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site, App and other Site/App Offerings. You are fully responsible for all such charges, and Provident has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

  5. Site/App Forms. In order to utilize certain Site/App Offerings and/or certain Provident Financial Products, you may be required to submit a membership and/or application form (collectively, "Form"). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing address; (c) your e-mail address; (d) your telephone number (home, work and/or mobile, as applicable); (e) your date of birth; (f) your mother's maiden name; (g) the status of your citizenship; (h) your occupancy status at your current residence (rent, own, etc.) and how long you have resided there; (i) your current profession/job title; (j) your employment status; (k) the duration of your current employment; (l) your employer's name; (m) your gross income; (n) your Social Security Number; (o) your chosen identification method (driver's license or state ID), the applicable ID card number, the date that the ID card was issued, the ID card's expiration date and the state that issued the ID card; (p) your member number or debit card number and/or (q) any other information requested on the Form (collectively, "Membership/Application Data"). You agree to provide true, accurate, current and complete Membership/Application Data, as necessary, in order to maintain it in up to date and accurate fashion. Provident may reject your Form and/or terminate your Site and/or App account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation where Provident believes that you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site/App Offerings and/or Provident Financial Products; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site/App Offerings and/or Provident Financial Products.

    During the account application and/or enrollment process, you will be asked to provide a user name and password to use as your account sign-in identification, where applicable ("Sign-In"). If the Sign-In that you request is not available, you will be asked to supply another Sign-In. You can change the user name and/or password that you selected during registration at any time through your account settings. You are responsible for maintaining the confidentiality of your account and Sign-In, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your account and Sign-In, including any charges incurred in connection therewith. You acknowledge and agree that it shall be a material breach of the Agreement to allow any other person to use your account and/or Sign-In.

    Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH END-USER'S SOLE OPTION AND RISK. IF AN END-USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. PROVIDENT IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY END-USER'S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.

  6. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site, App and/or other Site/App Offerings. The Content is compiled, distributed and displayed by Provident, as well as third-party content providers ("Third-Party Providers"). Provident does not control the Content provided by Third-Party Providers that is made available by and through the Site/App Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Provident does not represent or warrant that the Content and other information posted by and through the Site/App Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Provident will not be responsible for, and Provident undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Provident shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

  7. Online Banking Services. Where you have an existing Provident Financial Products account, or where you register for such an account on the Site and/or through the App and are approved by Provident, you can gain access to the Online Banking Services. The Online Banking Services will enable you to: (a) access your Provident Financial Products account(s); (b) check the balances, and other status information, applicable to your Provident Financial Products account(s); (c) transfer funds between multiple Provident Financial Products accounts and/or between your Provident Financial Products account(s) and non-affiliated accounts, where and to the extent available; (d) view your transaction history; (e) enroll in bill paying programs; (f) make deposits directly to your account through a scanner on your personal computer and/or by and through the App; (g) register to receive e-mail and/or text alerts in connection with your Provident Financial Products account(s) ("Provident Alerts"); and (h) any and all other features made available by Provident in connection with the Online Banking Services from time-to-time. Notwithstanding the foregoing, your access to, and use of, the Provident Financial Products shall at all times be governed by, and remain subject to, a separate Provident Account Holder Agreement to be entered into by and between you and Provident. For a copy of the Provident Account Holder Agreement, please visit https://www.providentcu.org/aframes/disclosures/Provident_Master_Disclosure.pdf. Provident Financial Products described on the Site and/or App, as well as associated fees, charges, interest rates and balance requirements, may differ among geographic locations. Not all Provident Financial Products are available in all locations.

    Each end-user acknowledges and agrees that the Provident Alerts are sent and received by and through third-party owned and operated mobile and/or telecommunications networks. Provident is not responsible or liable for the availability and functionality of such third-party owned, operated and controlled mobile and/or telecommunications networks and/or for the delay or failure of any such mobile and/or telecommunications networks to send and/or receive Provident Alerts. Without limiting the foregoing, each end-user acknowledges and agrees that access to, and the functionality of, the Online Banking Services may be interrupted and limited, and may not be error free. Each end-user understands and agrees that Provident shall not be liable to any end-user or third-party for any claim in connection with such end-user's inability to use the Online Banking Services.

  8. Location Directory. The Location Directory enables Site and App visitors ("Visitors") to search for Provident Credit Union branches using search criteria including zip code, city or street address. Each end-user acknowledges and agrees that access to, and the functionality of, the Location Directory may be interrupted and limited, and may not be error free. Each end-user understands and agrees that Provident shall not be liable to any end-user or third-party for any claim in connection with such end-user's inability to use the Location Directory.

  9. Social Media Pages. The Site and App contain links to the various Provident Social Media Pages. The Social Media Pages are hosted and made available on third-party websites ("Social Media Websites") by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites' applicable agreements, terms and conditions. You understand and agree that Provident shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

  10. License Grant. As a user of the Site and/or App, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site/App Offerings. Provident may terminate this license at any time for any reason. Unless otherwise expressly authorized by Provident, as a Visitor to the Site and/or App, you may only use the Site/App Offerings for your own personal, non-commercial use. No part of the Site/App Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site/App Offerings except as expressly permitted by Provident. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site/App Offerings, or any portion thereof. You may not create any "derivative works" by altering any aspect of the Site/App Offerings. You may not use the Site/App Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site/App Offerings for any commercial purposes not expressly permitted by Provident. You further agree to indemnify and hold harmless Provident for your failure to comply with this Section 10. Provident reserves any rights not explicitly granted in the Agreement.

  11. Proprietary Rights. The Site/App Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site/App Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site/App Offerings. The posting of information or material by and through the Site/App Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Provident" and "Provident Credit Union" names and logos are trademarks of Provident Credit Union. The use of any Provident trademark without Provident's express written consent is strictly prohibited. All other trademarks, including those associated with the business accreditation services and national insurance services, are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

  12. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site/App Offerings is a violation of criminal and civil law and Provident will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

  13. Indemnification. You agree to indemnify and hold Provident, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site/App Offerings; (b) your breach of the Agreement; (c) your improper accessing of any data related to any Provident account(s) of which you are not the owner or authorized user as reflected in Provident's systems; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 13 are for the benefit of Provident, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  14. Disclaimer of Warranties. THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PROVIDENT MAKES NO WARRANTY THAT THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC ECONOMIC AND/OR FINANCIAL BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PROVIDENT WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE/APP OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDENT OR OTHERWISE THROUGH OR FROM THE SITE/APP OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDENT SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE/APP OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY SPECIFIC ECONOMIC AND/OR FINANCIAL BENEFIT; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PROVIDENT FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PROVIDENT TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE/APP OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR PROVIDENT MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PROVIDENT. ACCESS TO THE SITE/APP OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PROVIDENT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  16. Third-Party Websites. The Site/App Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and Download Venues. Provident does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Provident of the applicable website or any association with the website's operators. Because Provident has no control over such websites or resources, you agree that Provident is not responsible or liable for the availability or the operation of such external websites or resources, for any material located on or available from or through any such websites or resources or for the protection of your data privacy by third parties.

  17. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

  18. End-User Information. All materials that you submit through or in association with the Site, App and/or other Site/App Offerings including, without limitation, the Membership/Application Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please visit https://www.providentcu.org/privacy

    Without limiting the foregoing, you acknowledge and agree that Provident may disclose and transfer any information that you provide through the Site, App and/or other Site/App Offerings: (a) to any company within the Provident group, its affiliates, agents or information providers; (b) to any other person or entity with your consent; or (c) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.

  19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Redwood City, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).

  20. Miscellaneous. To the extent that anything in or associated with the Site/App Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Provident Account Holder Agreement, insofar as any Provident Financial Product(s) is/are concerned, the Provident Account Holder Agreement shall govern; (b) any Policy, insofar as the subject matter of such Policy is concerned, that Policy shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Provident may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  21. If you have any questions about the Agreement, Site/App Offerings or the practices of Provident, please feel free to contact us using the most convenient method set forth on the "Contact Us" page of the Site.

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