Terms of Use

General Terms of Use

The account access services (“Services”) that WatersEdge Advisors (“WatersEdge”) provide to you are subject to the following Terms of Use. By accessing these Services you acknowledge that you have read these Terms of Use and agree to be bound by the Terms of Use as may be modified from time to time by WatersEdge. WatersEdge reserves the right to update the Terms of Use at any time without notice to you. Any modifications become effective when posted. It is your responsibility to review the Terms of Use. Your continued use of these Services indicates your agreement to any modifications. When used in these Terms of Use,
“WatersEdge” shall include any directors, officers, and employees.

The Services hereafter provided to you by WatersEdge include access to trust accounts through iPhi. Access to iPhi is subject to the copyrighted work of Stellar Technology Solutions, LLC (www.stellartechsol.com).

Access to these Services is restricted to those persons who have a valid username and password and have consented to the Terms of Use. To obtain access to the Services, you must complete the registration process by requesting a username and password, and you must provide WatersEdge with complete and accurate information. Once assigned, you are completely responsible for maintaining the confidentiality of your password and account. You are also responsible for all activities that occur under your username and password. You agree to notify WatersEdge immediately concerning any unauthorized use of your account. Access or attempted access by unauthorized individuals may be subject to prosecution.

This information is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

WatersEdge makes no representation as to the validity, accuracy, timeliness, or completeness of the website materials made available to you for any particular purpose. WatersEdge assumes no liability or responsibility for any errors or omissions in the content of the website. Further, WatersEdge assumes no liability or responsibility for loss or damage you incur in the event that access to the Services is disrupted; and, WatersEdge does not guarantee continuous, uninterrupted, or secure access to the Services. WatersEdge specifically disclaims any duty to update the information on the website. In no way will WatersEdge be liable in contract or in tort for any direct, indirect, special, incidental, consequential, or punitive damages of any kind arising out of or in connection to your use of this website including the Services.

Users of this website agree to indemnify, defend, and hold WatersEdge harmless from any liability, loss, claim, and expense, including attorney’s fees related to a user’s violation of these Terms of Use for use of the Services, including technical support and information provided at this website.

Unless otherwise specified, this website and Services are for your personal and non-commercial use. You may not copy, modify, distribute, transfer, or sell any of the information, software, products, or services obtained herein.

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Oklahoma without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Oklahoma County, Oklahoma. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.

By entering this site through this log-in it is assumed that you accept these terms.

iPhi Terms of Use

Introduction:

This page explains the terms and conditions for using our iPhi service and provides certain disclosures and information to you concerning the service. Each of your accounts at The Baptist Foundation of Oklahoma (the “Foundation”) is also governed by the applicable account disclosure/agreement.

 

How to Access Your Accounts:

 To access your accounts through our iPhi service, you must have your username and password. The password that is used to gain access to your information should be kept confidential, just as you would keep other PIN numbers and security codes confidential. For your protection we recommend that you change your password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers, and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money between your accounts without your permission, notify the Foundation at once at 800-949-9988.

To get an initial password for the iPhi service, visit the Foundation office or call us at 800-949-9988.

 

Fees:

There is currently no fee for accessing your account(s) through our iPhi service. We reserve the right to impose/change the fee amount, if necessary, after providing thirty (30) days notice to all users at the iPhi login page and/or e-mail address.

Your Internet service provider (ISP) probably charges you a fee to access the Internet via its server. We have no control over ISP related fees.

 

Available Services and Limitations:

 The following functions may be performed by members through the service:

  • Account Balances: You may view your account balances. Because the main computer system is not connected to the Internet, it is possible that some transactions that affect these balances may have been processed and are not yet included in the balance at the time you view it. The information regarding your account balances on this website is provided to you as a courtesy pursuant to your request. For members that have filed a petition seeking bankruptcy protection under any chapter of the U.S. Bankruptcy Code, no demand for payment is hereby made, and the information provided is not to be construed as an attempt to collect or recover any claim or debt in violation of the provisions of 11 U.S.C. Section 362.
  • Transaction History: You may view account statements and transaction history for your accounts. Because the main computer system is not connected to the Internet, it is possible that some transactions are not yet included in the history at the time you view it, even though they may have been processed. The main computer system is always the official record of account history.
  • Password Changes: You may change your password at any time from within the iPhi section. For your protection we recommend that you change your iPhi password regularly.
  • Additional Services: Additional services may be available through iPhi, depending on your type of account. From time to time, we will announce additional services which are available through iPhi. Your use of these services will constitute acceptance of the terms and conditions presented at the time they are announced.

We reserve the right to limit access or cancel on-line access at any time.

 

Business Day:

 A business day is defined as any day the Foundation is open for business. Transactions may not be posted on federal holidays.

 

Operating Systems and Security:

 Our iPhi site is designed to operate using world wide web technologies and protocols which are adaptable to a wide range of systems. The iPhi section uses SSL encryption and requires a browser with a current (unexpired) Thawte Root CA Security Certificate. Some older browsers may not be able to connect to the site without first updating the browser security certificate. Our server uses 40 to 128 bit encryption, depending on the user’s browser.

We use cookies to help us administer the iPhi section. Some browsers allow you to reject cookies from servers. If you don’t allow us to set a cookie upon entering the site, you will not be able to log in. The cookie we set contains information we need for security and allows us to ‘time out’ your authority to view information. We place the cookie with instructions that it can only be sent to a server in our iPhi domain. A cookie cannot be used to extract data from your PC. We do not store your Access Code, User Id, or Password in your cookie.

The cookie we set will ‘time out’ your access authority to our iPhi section. Until it times out, you can come back to our iPhi without logging in. After the time out period, you will need to log in again. Remember, most browsers will let you use a BACK button to view previously visited documents, even if your viewing authority has expired. For this reason, the only way to keep others from viewing your account balance is to exit the browser when you are finished with your session. The best way is to completely close out of the Internet entirely, so the next person to get on will have to start with a new connection and a new browser. This is especially important if you are using a public or shared computer.

 

Privacy:

Our iPhi database is a private system operated for the exclusive use of our members. We use SSL encryption and digital server authentication to ensure the privacy of your information when sending data between our iPhi server and your PC.

All iPhi logins are logged by the server. For authenticated members who use iPhi, we collect and store certain information such as how often you visit the iPhi section, dates and times of visits and which pages are being used. We use this information for internal review and product evaluation only. We never sell, transfer or trade this information unless we are compelled to do so by law.

We may gather and store additional information available to us on failed login attempts and other activity we consider a threat to our system. In these cases, we will share this information with other companies, agencies and law enforcement officials as we determine necessary or as we are required by law.

 

Protecting Children’s Online Privacy:

 We do not knowingly collect, nor is our iPhi site designed or directed to use, personal information from children under the age of thirteen (13) without containing verifiable consent from their parents. Should a child whom we know to be under the age of thirteen (13) send personal information to us, we will only use that information to respond directly to that child, seek parental consent, or provide parental notice.

 

Liability for Unauthorized Transfers:

 Tell us at once if you believe your password has been lost or stolen and immediately change your password from within the iPhi section. Calling is the best way to notify us immediately. You could lose all the money in your account. iPhi uses “Ordinary Care” in its security measures to prevent unauthorized transactions. Our use of Ordinary Care will transfer the burden and risk of loss under your iPhi account to you.

 If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

800-949-9988
or write:
The Baptist Foundation of Oklahoma
Trust Department
3800 N. May Ave., Oklahoma City, OK 73112

 

Notices:

By enrolling in iPhi you agree to receive electronic notices. Any emailed notices to you will be sent to the email address you provide in your iPhi profile, which YOU MAY UPDATE from time to time in your iPHi profile.

The Foundation reserves the right to change the terms and conditions upon which this service is offered. The Foundation will send notice to you at least thirty (30) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Foundation and your iPhi account and any future changes to those regulations.

Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 3800 N. May Ave., Oklahoma City, OK 73112, or via email address to support.cc@bfok.org.

 

Statements, Renewal Notices & Other Account Documents:

By enrolling in iPhi you agree to receive electronic Statements. ELECTRONIC STATEMENTS WILL BE POSTED IN iPhi. Any emailed RENEWAL NOTICES OR ACCOUNT DOCUMENTS will be sent to the email address you provide in your iPhi profile, which YOU MAY UPDATE from time to time in your iPhi profile.

All transactions generated by you through our iPhi service and any fees will appear on your monthly or quarterly statement.

 

Disclaimer of Warranties:

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, THE FOUNDATION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. THE FOUNDATION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

Limitation of Liability:

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE FOUNDATION, its affiliates, officers, directors, agents, employees, independent contractors, and representatives BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF THE FOUNDATION, its affiliates, officers, directors, agents, employees, independent contractors and representatives LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

 

Indemnification:

 You agree to indemnify and hold the Foundation, its affiliates, officers, directors, agents, employees, independent contractors, and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (i) your breach of these Terms of Use, (ii) your use of the iPhi services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.

 

Termination of Electronic Fund Transfer Services:

 You agree that we may terminate this Agreement and your electronic fund transfer services if you, or any authorized user of your iPhi services or password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

iPhi services may be terminated to those members that cause a loss to the Foundation.

 

Errors and Questions:

 In case of errors or questions about your electronic transfers, telephone us at 800-949-9988 or write us at 3800 N. May Ave., Oklahoma City, OK 73112 as soon as you can. We must hear from you no later than sixty (60) days after you learn of the error. You will need to tell us:

  • Your name and account number;
  • Why you believe there is an error and the dollar amount involved; and
  • Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days and correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint, but you will have the use of the funds in question after the ten (10) business days. 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 during the investigation.

We will notify you with the results within three (3) business days of completing our investigation. If we decide there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

If you need more information about our error resolution procedures, call us at the telephone number shown above.

 

Applicable Law:

 These Terms of Use are governed by the laws of the State of Oklahoma without regard to conflicts of laws and principles. Access or use of the service and/or program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Foundation’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your access or use of the service and/or program or information provided to or gathered by us with respect to such use.

 

Interpretation:

 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

 

Miscellaneous Provisions:

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The iPhi services, content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions.

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or any later breach.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

ClientConnections Terms of Use

Introduction:

This page explains the terms and conditions for using our ClientConnections service and provides certain disclosures and information to you concerning the service. Each of your accounts at WatersEdge Ministry Services (“WatersEdge”) is also governed by the applicable account disclosure/agreement, WatersEdge Ministry Services Church Extension Fund Policies and Guidelines, and Demand & Term Investments Master Agreement.

 

How to Access Your Accounts:

To access your accounts through our ClientConnections service, you must have your username and a ClientConnections password. This information is requested when you enter our ClientConnections pages.

The password that is used to gain access to your information should be kept confidential, just as you would keep other PIN numbers and security codes confidential. For your protection we recommend that you change your ClientConnections access password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers, and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money between your accounts without your permission, notify WatersEdge at once at 866-693-8369.

To get an initial password for the ClientConnections service, visit WatersEdge office or call us at 866-693-8369.

 

Fees:

There is currently no fee for accessing your account(s) through our ClientConnections service. We reserve the right to impose/change the fee amount, if necessary, after providing thirty (30) days notice to all users at the ClientConnections login page and/or e-mail address.

Your Internet service provider (ISP) probably charges you a fee to access the Internet via its server. We have no control over ISP related fees.

 

Available Services and Limitations:

The following functions may be performed by members through the service:

  • Transfers: You may transfer funds between your Enhanced Cash Fund, Term Investment, or Loan Accounts as the account agreements may allow.
  • Check Withdrawals: You may request a check be mailed to you from your account.
  • Account Balances: You may view your Enhanced Cash Fund, Term Investment, and Loan Account balances. Because the main computer system is not connected to the Internet, it is possible that some transactions that affect these balances may have been processed and are not yet included in the balance at the time you view it. The information regarding your account balances on this website is provided to you as a courtesy pursuant to your request. For members that have filed a petition seeking bankruptcy protection under any chapter of the U.S. Bankruptcy Code, no demand for payment is hereby made, and the information provided is not to be construed as an attempt to collect or recover any claim or debt in violation of the provisions of 11 U.S.C. Section 362.
  • Transaction History: You may view the transaction history for any Enhanced Cash Fund, Term Investment, or Loan Account. Because the main computer system is not connected to the Internet, it is possible that some transactions are not yet included in the history at the time you view it, even though they may have been processed. The main computer system is always the official record of account history.
  • Download Transactions: You may download transactions in various formats (as available on our site) for import into personal financial software programs such as Quicken® and CSV files.
  • ACH Origination Transfers: You may request an ACH transfer to or from an account through ClientConnections. Additional, terms and fees may apply.
  • Terminate a Term Investment: You may request the termination of a Term Investment through ClientConnections. The early termination of a Term Investment may be subject to penalties, see the current WatersEdge Ministry Services Church Extension Fund Policies and Guidelines for details.
  • Reallocate: You may request the reallocation of investments between accounts through ClientConnections; penalties may apply, consult the current WatersEdge Ministry Services Church Extension Fund Policies and Guidelines for Details.
  • Create a New Term Investment: You may request a new Term Investment be created through ClientConnections. Terms and conditions apply.
  • Password Changes: If you are a ClientConnections user, you may change your password at any time from within the ClientConnections section. For your protection we recommend that you change your ClientConnections password regularly.
  • Additional Services: From time to time, we will announce additional services which are available through ClientConnections. Your use of these services will constitute acceptance of the terms and conditions presented at the time they are announced.

 We reserve the right to limit access or cancel on-line access at any time.

 

Business Day:

 A business day is defined as any day WatersEdge is open for business. Transactions may not be posted on federal holidays.

 

Transfers to or from Term Investment Accounts:

 Transfers submitted to or from an account before the cut-off time of 3:00 p.m. CT on a business day are posted on the same day. All transfers submitted after the cut-off time or on a non-business day are posted at the beginning of the next business day following the day the transfer was submitted.

 

Operating Systems and Security:

 Our ClientConnections site is designed to operate using world wide web technologies and protocols which are adaptable to a wide range of systems. The ClientConnections section uses SSL encryption and requires a browser with a current (unexpired) Thawte Root CA Security Certificate. Some older browsers may not be able to connect to the site without first updating the browser security certificate. Our server uses 40 to 128 bit encryption, depending on the user’s browser.

We use cookies to help us administer the ClientConnections section. Some browsers allow you to reject cookies from servers. If you don’t allow us to set a cookie upon entering the site, you will not be able to log in. The cookie we set contains information we need for security and allows us to ‘time out’ your authority to view information. We place the cookie with instructions that it can only be sent to a server in our ClientConnections domain (watersedgeservices.org). A cookie cannot be used to extract data from your PC. We do not store your Access Code, User Id or Password in your cookie.

The cookie we set will ‘time out’ your access authority to our ClientConnections section. Until it times out, you can come back to our ClientConnections without logging in. After the time out period, you will need to log in again. Remember, most browsers will let you use a BACK button to view previously visited documents, even if your viewing authority has expired. For this reason, the only way to keep others from viewing your account balance is to exit the browser when you are finished with your session. The best way is to completely close out of the Internet entirely, so the next person to get on will have to start with a new connection and a new browser. This is especially important if you are using a public or shared computer.

 

Privacy:

Our ClientConnections database is a private system operated for the exclusive use of our members. We use SSL encryption and digital server authentication to ensure the privacy of your information when sending data between our ClientConnections server and your PC.

All ClientConnections logins are logged by the server. For authenticated members who use ClientConnections, we collect and store certain information such as how often you visit the ClientConnections section, dates and times of visits and which pages are being used. We use this information for internal review and product evaluation only. We never sell, transfer or trade this information unless we are compelled to do so by law.

We may gather and store additional information available to us on failed login attempts and other activity we consider a threat to our system. In these cases, we will share this information with other companies, agencies and law enforcement officials as we determine necessary or as we are required by law.

 

Protecting Children’s Online Privacy:

We do not knowingly collect, nor is our ClientConnections site designed or directed to use, personal information from children under the age of thirteen (13) without containing verifiable consent from their parents. Should a child whom we know to be under the age of thirteen (13) send personal information to us, we will only use that information to respond directly to that child, seek parental consent, or provide parental notice.

 

Liability for Unauthorized Transfers:

Tell us at once if you believe your password has been lost or stolen and immediately change your password from within the ClientConnections section. Calling is the best way to notify us immediately. You could lose all the money in your account. WatersEdge uses “Ordinary Care” in its security measures to prevent unauthorized transactions. Our use of Ordinary Care will transfer the burden and risk of loss under your ClientConnections account to you.

If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

866-693-8369
or write:
WatersEdge Ministry Services
3800 N. May Ave.

Oklahoma City, OK 73112

 

Notices:

By enrolling in ClientConnections you agree to receive electronic notices. Any emailed notices to you will be sent to the email address you provide in your clientconnections profile, which YOU MAY UPDATE from time to time in your clientconnections profile.

WatersEdge reserves the right to change the terms and conditions upon which this service is offered. WatersEdge will send notice to you at least thirty (30) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing WatersEdge and your ClientConnections account and any future changes to those regulations.

Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 3800 N. May Ave., Oklahoma City, OK 73112, or via email address to support.cc@watersedgeadvisors.org.

 

Statements, Renewal Notices & Other Account Documents:

By enrolling in ClientConnections you agree to receive electronic Statements. ELECTRONIC STATEMENTS WILL BE POSTED IN CLIENTCONNECTIONS. Any emailed RENEWAL NOTICES OR ACCOUNT DOCUMENTS will be sent to the email address you provide in your clientconnections profile, which YOU MAY UPDATE from time to time in your clientconnections profile.

All transactions generated by you through our ClientConnections service and any ClientConnections fees will appear on your monthly or quarterly statement.

 

Our Liability:

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement/disclosure with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer;
  • If the ClientConnections equipment or software was not working properly and you knew about, or have been advised about, the breakdown when you started the transfer; or
  • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transfer despite reasonable precautions that we have taken.

 

Disclaimer of Warranties:

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, WATERSEDGE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WATERSEDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. WATERSEDGE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

Limitation of Liability:

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WATERSEDGE, its affiliates, officers, directors, agents, employees, independent contractors, and representatives BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, WATERSEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF WATERSEDGE, its affiliates, officers, directors, agents, employees, independent contractors and representatives LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

 

Indemnification:

 You agree to indemnify and hold WatersEdge, its affiliates, officers, directors, agents, employees, independent contractors, and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (i) your breach of these Terms of Use, (ii) your use of the ClientConnections services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.

 

Termination of Electronic Fund Transfer Services:

 You agree that we may terminate this Agreement and your electronic fund transfer services if you, or any authorized user of your ClientConnections services or password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or password.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

ClientConnections services may be terminated to those members that cause a loss to WatersEdge.

 

Errors and Questions:

In case of errors or questions about your electronic transfers, telephone us at 866-693-8369 or write us at 3800 N. May Ave., Oklahoma City, OK 73112 as soon as you can. We must hear from you no later than sixty (60) days after you learn of the error. You will need to tell us:

  • Your name and account number;
  • Why you believe there is an error and the dollar amount involved; and
  • Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days and correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint, but you will have the use of the funds in question after the ten (10) business days. 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 during the investigation.

We will notify you with the results within three (3) business days of completing our investigation. If we decide there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

If you need more information about our error resolution procedures, call us at the telephone number shown above.

 

Applicable Law: 

These Terms of Use are governed by the laws of the State of Oklahoma without regard to conflicts of laws and principles. Access or use of the service and/or program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. WatersEdge’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your access or use of the service and/or program or information provided to or gathered by us with respect to such use.

 

Interpretation: 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

 

Miscellaneous Provisions:

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The ClientConnections services, content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions.

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or any later breach.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.