Terms of Use - APG Federal Credit Union

Before using this website, please read these Terms of Use carefully.

The online and mobile website and all subdomains (collectively, the "Website") and the mobile applications and other electronic services, including SMS banking (collectively, the "Applications") of Aberdeen Proving Ground Federal Credit Union ("APGFCU") are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. We refer to the Website and our Applications as the "Online Services." Your use of the APGFCU Online Services constitutes your agreement to all said terms, conditions, and notices.

General

These Terms of Use apply in addition to any other terms or conditions applicable to any specific Online Services.

The Website is provided only for informational purposes. Any and all information, materials, product offerings, services, rates, fees, and terms are subject to change without notice.

Not all of the products or services described on the Website are available in all geographic areas. APGFCU serves anyone who lives, works, worships, volunteers, or goes to school in Harford County, Cecil County, Baltimore County and Baltimore City, as well as immediate family members of anyone meeting this criterion. Our Website is provided as a convenience to our members and local communities, and those individuals planning to relocate to said areas. We reserve the right to determine your eligibility for any product or service.

Investment and Insurance products and services are not credit union deposits and are not insured by the National Credit Union Administration, are not guaranteed by APGFCU, and are subject to substantial risk, including the possible loss of some or all of the principal invested.

No Warranties

Your accessibility and use of the Online Services is completely at your risk. Except as expressly provided elsewhere, the Online Services and the related information, materials and services, including but not limited to text, software, graphics and source code are provided “as is” without warranty of any kind, whether expressed or implied. Without limitation, all express or implied warranties of merchantability, title, fitness for a particular purpose, or infringement, are hereby disclaimed and excluded. To the fullest extent permitted by law, we expressly disclaim any and all liability for errors or omissions in the Online Services. We also do not warrant and cannot assure you that the Online Services are devoid of viruses, harmful code or errors.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances will APGFCU be liable for any damages, losses or liabilities, including, without limitation, any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise, that arises out of, or is in any way connected with, the use or inability to use, the Online Services or any portion thereof, or any linked website or services, even if APGFCU is advised of the possibility of damages, losses or liabilities.

Indemnification

You agree to defend, indemnify and hold harmless APGFCU and all of its respective directors, officers, employees, volunteers and agents thereof, from and against all claims and expenses, including attorney's fees, arising out of your violation of these Terms of Use or misuse of the Online Services.

Third-Party Link Disclaimer

By accessing any third-party link from our Online Services, you will be leaving the APGFCU Online Services and entering a website or service hosted by another party. We encourage you to review the privacy policy, terms and conditions, and security information offered on that website or service before providing any personal information. APGFCU does not guarantee or assume liability for any third party product or service. APGFCU does not represent either the third-party or the member if the two enter into a transaction.

Privacy

You can be confident that your privacy is a top priority of APGFCU. Please click here to read our Privacy Policy and our Privacy Notice.

Information You Provide

As to any information you provide to us, it must be either your information or information you are authorized by a third party to share with us. You are prohibited from sharing with us information of a third party, such as a co-signer on a loan application, without you first obtaining the third party’s authorization to share the information with us.

Trademark Notices

All registered and unregistered trademarks are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

Copyright Notices

APGFCU owns copyright in the pages, screens, text, images, and all other forms of media appearing on its Online Services unless otherwise indicated. You may not use any of the contents of our Online Services for any unlawful purpose. You may not copy, modify, display, reproduce, republish or distribute our Online Services or any related contents without our prior written consent or unless authorized by applicable law.

Restrictions

You may not access or use the Online Services using any automated means (such as robots, bots, botnets, scrapers, or crawlers). You may not circumvent, disable, frequently engage with, or otherwise interfere with any part of the Online Services, including security-related features, that (a) prevent or restrict the copying or other use of the content of the Online Services or (b) limit the use of the Online Services and related content.

Governing Law

This agreement shall be governed by and construed in accordance with federal statutes and the laws of the State of Maryland. Our Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

WAIVER OF JURY TRIAL

All parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between or among the parties or any of their respective heirs, successors, affiliates, licensors, contractors, service providers, or the employees or contractors of any of these, arising under or relating to our Online Services and/or these Terms of Use.

WAIVER OF CLASS ACTION CLAIMS

All parties agree to waive any right to assert any dispute or claim against any other party or any of their respective heirs, successors, affiliates, licensors, contractors, or service providers, or the employees or contractors of any of these, arising under or relating to our Online Services and/or these Terms of Use as a class action.

Additional Terms

Certain services or pages on this website may contain separate terms of use, which are in addition to these Terms of Use. In the event of a conflict, the additional terms of use will govern for those services or pages.

Any rights not expressly granted herein are reserved.

Federally Insured by NCUA

Equal Housing Lender

Last modified: January 8, 2024

End User License Agreement

This End User License Agreement (EULA), together with our Terms of Use, set forth the terms and conditions (collectively, the “Terms”) under which Aberdeen Proving Ground Federal Credit Union (together with its successors and assigns, if any, the “APGFCU,” “we,” “us,” or “our”) offers you the right to download and use the APGFCU mobile application (including any updates thereto, the “Application”) via the App Store (the “App Store”) of Apple, Inc. (“Apple”) or Google Play of Google, Inc. and its affiliates ("Google"). Capitalized terms used but not defined in this EULA shall have the meaning attributed to them in the Terms of Use.

The End User License Agreement (EULA) is incorporated in and made a part of our Terms of Use and together they form a single agreement. Please read carefully the EULA and the rest of our Terms of Use because they include important provisions that affect your legal rights. The EULA and the rest of our Terms of Use apply in addition to any other terms and conditions applicable to any specific online or mobile services (including online, mobile or SMS banking services) that we may provide to you.

By downloading or otherwise using the Application in any manner, you (a) acknowledge that you have read and understood these Terms; (b) agree to be bound by and comply with these Terms (your “acceptance”); (c) represent that you are either eighteen (18) years of age or older or you are sixteen (16) years of age or older and have all necessary consents (e.g. parental consents) in full compliance with the applicable laws to use the Application, including for purposes of data protection laws. If you do not so acknowledge, agree, and represent, you may not download, access or otherwise use the Application.

Online Marketplaces Disclaimer. Users of the Application may download it through an application marketplace, including the App Store or Google Play (each an “App Market”). If you are accessing the Application on a device provided by a third party (including a Google Android device or an Apple iPhone or iPad) or an application obtained through a third party App Market (such as the App Store or Google Play), the following shall apply (as dictated by context): (a) Both you and APGFCU acknowledge that this EULA is between you and APGFCU only, and not with such third party App Market, and that such third party App Market is not responsible for the Application or the contents therein; (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with APGFCU’s Service; (c) You will only use the Application in connection with such third party device that you own or control; (d) Both you and APGFCU acknowledge and agree that the App Market has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify such App Market of such failure, and such third party will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, such App Market will have no other warranty obligation whatsoever with respect to the Application; (f) Both you and APGFCU acknowledge that, as between APGFCU and the App Market, APGFCU, not such App Market, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (g) Both you and APGFCU acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, APGFCU, and not the App Market, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (i) Both you and APGFCU acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (j) Both you and APGFCU acknowledge and agree that the App Market and its subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, such App Market will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof. Additionally, the App Market’s trade and service marks, and logos, including Apple, the Apple Logo, iPhone, iPad, Android and Google are property of the applicable third party and not APGFCU.

License and Restrictions

The Application is licensed, not sold, to you. All rights, title and interest (including, without limitation, all copyrights, trademarks and other intellectual property rights) in and to this Application belong to us or our licensors. Subject to your compliance with these Terms, we grant you a non-transferable, non-assignable, revocable, limited license to download and install one copy of this Application on a mobile device that you personally own or control and to use that copy of this Application on that mobile device solely for your own personal non-commercial use. You may not install or use a copy of the Application on a device you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The Application is only for your personal non-commercial use. You may not sell, rent, lend, lease, redistribute, or sublicense the Application or circumvent any technical limitations in the Application or otherwise interfere in any manner with the operation of the Application, or the hardware or network used to operate the Application. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of this Application. This Application and its content are protected by copyright under both United States and foreign laws. Any use of the Application and its content not explicitly permitted by these Terms is a breach of this agreement and may violate the law. If you violate these Terms, your license to use this Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.

Ownership

We alone (and our licensors, where applicable) shall own all rights, title and interest, including, without limitation, all intellectual property rights, in and to the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Application shall be owned solely and exclusively by us, and/or, as applicable, our third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to APGFCU any and all of your rights, title or interests that you may have or obtain in the Application or any modification to or derivative work of the Application. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Application.

The materials (other than User Content) within the Application are copyrighted by us and/or other applicable rights holders. Any use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Disabling Your Account

If the use of the Application requires the creation or registration of an account, you will be able to request that we disable the account. Please contact us at one of our published numbers to make this request.

Your Responsibilities as the Application User

Use of the Application requires third-party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. APGFCU is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third-party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third-party terms and payment of all applicable third-party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application.

Objectionable Content and Abusive Conduct Policy

We have a zero-tolerance policy towards objectionable content and abusive conduct. You agree not to use the Application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. Any content that we, in our sole discretion determine to be objectionable, will be removed. Objectionable content includes but is not limited to (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, racist, discriminatory, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. You may report objectionable content by emailing us at Contact Us. If we determine that the content is objectionable, it will be removed within 24 hours. Users who post objectionable content or who engage in abusive conduct will be banned from the use of the Application and their license to use the Application will be terminated.

Third-Party Sites, Services and Devices

The Application may enable you to access third-party mobile applications and websites ("Third-Party Materials"). Access to Third-Party Materials may require you to accept additional terms and conditions and privacy policies. You acknowledge that APGFCU is not responsible for the terms and conditions or privacy policies of Third-Party Materials. You understand that by using any of the Third-Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third-Party Materials at your sole risk and that neither APGFCU nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Privacy Statement

Your use of the Application is also subject to our Privacy Policy.

Legal Compliance

The Application is subject to United States export laws and regulations. You will not use or otherwise export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed in any U.S. Government list of prohibited or restricted parties. APGFCU does not represent that the Application is appropriate or available for use in all countries. APGFCU prohibits accessing materials from countries or states where such content is illegal. You are using the Application on your own initiative and you are responsible for compliance with all applicable laws.

Choice of Law

This Agreement shall be governed and construed by the laws of the State of Maryland without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act (UCITA) does not apply.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Amendment

We have the right, at any time and without prior written notice, to add to or modify the Terms, by providing advance notice or by requiring you to accept updated Terms upon accessing the Application. Your access or use of the Application after the date of such amended Terms constitutes acceptance of such amended Terms. By continuing to access or use the Application after we post such changes, you agree to these Terms, as modified.

Inconsistencies

In the event of any inconsistencies or contradictions between the provisions of this EULA and those of the rest of the Terms of Use, the provisions of this EULA shall govern.

Last modified: January 8, 2024