Website Terms and Conditions of Use
These terms and conditions explain the rights and responsibilities of both you and Commonwealth Credit Union when you access and use our online and mobile services.

These terms and conditions explain the rights and responsibilities of both you and Commonwealth Credit Union when you access and use our online and mobile services.
Thank you for visiting Commonwealth Credit Union’s online and mobile resources and for viewing these website terms and conditions of use. We use these terms and conditions of use to tell you about the rights and obligations both you and Commonwealth Credit Union have when you visit and use the features of our online and mobile resources.
These terms and conditions of use, which we refer to as the “Terms of Use” or “ToU”, as well as our privacy statement (the “Privacy Statement”), are a legally enforceable contract between you and Commonwealth Credit Union.
THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH CAN BE FOUND HERE. BY VISITING OUR ONLINE AND MOBILE RESOURCES, YOU ARE SIGNIFYING TO US THAT YOU AGREE TO BIND YOURSELF TO THIS CONTRACT.
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Although we do not actively block or monitor visitors from other countries, the online and mobile resources are directed only at visitors from the U.S. who are age 18 or older. As such, your use of the online and mobile resources and Content, and the enforcement of these ToU, are governed and construed exclusively in accordance with the laws of the Commonwealth of Kentucky and the federal laws of the U.S. enforced within that state, without regard to principles of conflicts of laws.
The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt. We cannot promise that the online and mobile resources or any Content are appropriate or lawful for use in other locations outside of the U.S. or that our operation (including our processing and handling of submissions you may make) will comply with non- U.S. law. Users who choose to access the online and mobile resources or any Content from outside the U.S. or, per Section 12, submit materials from outside the U.S. and/or as non-U.S. citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national, and international laws and treaties.
No matter where you use the online and mobile resources or Content from, you also must comply with all laws applicable to such use, including U.S. export control laws that prohibit access from certain embargoed, prohibited, or restricted countries or access by prohibited, denied, and specially designated persons.
If the U.S. government wants to access the online and mobile resources, your Account (defined in Section 7 below), or our Content through you, all online and mobile resources and Content will be considered “commercial computer software”, “commercial computer software documentation” and “restricted data” under “Limited Rights” and “Restricted Rights” and only as commercial end items under the same rights granted to other general users.
All court proceedings relating to Equity Claims (defined in Section 16 below) must be brought in the state or federal courts located in Franklin County, Kentucky and you hereby irrevocably consent to the exclusive personal jurisdiction of such courts.
Our online and mobile resources link to the Digital Banking Portal for those who have or may be interested in purchasing one of our products (the “Portal”). Accessing certain of our online and mobile resources and the Portal may require you to register and create an account (an “Account”). You agree to provide complete, accurate, and current information during registration and to promptly update such information as necessary. If you provide information that is inaccurate or incomplete, or if we have a reasonable belief that such is the case, we may immediately suspend or terminate your Account and your use of our online and mobile resources and the Portal. As part of the registration and account creation process, you will be issued credentials, typically in the form of a unique user identification and password (“Account Credentials”). You are solely responsible for maintaining their confidentiality and security, ensuring that you log off at the end of each session, and notifying us immediately of any actual or suspected loss, theft, or unauthorized use. Once you log in to your Account on the Portal, your use of our online and mobile resources thereof, and our collection and tracking of information in connection with such use, are governed by laws and regulations that may differ from, and afford different data subject rights and impose different obligations on us, than the consumer-oriented privacy laws discussed in our Privacy Statement.
The logos, names, and other similar marks (collectively, the “Trademarks”) displayed on the online and mobile resources and/or Content are registered and unregistered Trademarks of Commonwealth Credit Union and our licensors and may not be used unless authorized by the applicable Trademark owner. The print-outs and copies you are permitted to make under Section 4 may have Trademarks on them and you may make incidental, non-commercial use of them to the same extent as those print-outs and copies.
Except for such incidental use, nothing contained on the online and mobile resources or in these Terms of Use and the Privacy Statement should be construed as granting you any license or other right to use any Trademark displayed. As between you and us, we are the exclusive owners of all right, title, and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights), and moral rights (including rights of attribution and authorship) throughout the world in and to the online and mobile resources, its Content, and its and their look and feel, design, and organization and compilation, as well as all Trademarks.
If you believe any Content appearing on the online and mobile resources violates your intellectual property rights, please give us notice so we can consider appropriate take down procedures.
This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our online and mobile resources (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these ToU nor our Privacy Statement apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect our opinions of Commonwealth Credit Union.
Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.
As previously described elsewhere in these ToU:
Links from our online and mobile resources.
You may see on the online and mobile resources hyperlinks or pointers to other websites maintained by third parties and we also may provide third party content on the online and mobile resources by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize, or sponsor that website or offering or that we are affiliated with the third party owners or sponsors. Except for the links to our brands and products within the online and mobile resources, neither the websites nor parties to which a Link will bring you to are under our control and as such we are not responsible in any way for their availability, content, advertising, products, or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Statement. You should, therefore, carefully review the privacy statements and other terms and conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.
Links to our online and mobile resources.
If you link to our online and mobile resources, we: (a) reserve the right to object to and delete (or require deletion of) such link at any time, for any reason; and (b) require that you abide by the following rules:
• you may not present the link to our online and mobile resources in any manner that suggests we have any relationship or affiliation with your site or endorse, sponsor, or recommend the information, products, services, or content on your site unless we expressly agree to your doing so in writing;
• we reserve the right to object to any link which uses Trademarks;
and
• your link to our online and mobile resources may not in-line, frame, or otherwise incorporate Content unless we grant its express permission in writing.
Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation, or goodwill of Commonwealth Credit Union and its products or services are prohibited. In addition, the use of Trademarks or other words or codes identifying Commonwealth Credit Union or its products or services in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.
THE ONLINE AND MOBILE RESOURCES, THEIR CONTENT, THE ACCOUNTS, AND ANY OTHER INFORMATION, FEATURES, AND FUNCTIONS OR SERVICES ON THEM ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMONWEALTH CREDIT UNION, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE ONLINE AND MOBILE RESOURCES, CONTENT, AND YOUR ACCOUNT.
THE COMPANY PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE ONLINE AND MOBILE RESOURCES, THEIR CONTENT, FEATURES AND FUNCTIONS, AND ANY ACCOUNTS OR SERVICES THAT YOU ACCESS THROUGH THEM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMMONWEALTH CREDIT UNION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE ONLINE AND MOBILE RESOURCES, THE CONTENT, OR THESE TERMS OF USE EXCEED FIFTY DOLLARS (US $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold the Company Parties harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the online and mobile resources, the Content, your Account, or your breach or violation of applicable laws or of these Terms of Use. We reserve the right, at its our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
IF EITHER PARTY WANTS TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER UNDER THESE TOU OR OUR COOKIE NOTICE, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THESE TOU OR OUR COOKIE NOTICE OR YOUR USE OF OUR ONLINE AND MOBILE RESOURCES OR THE CONTENT, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF THE PARTIES ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
As such, both parties specifically agree that:
Arbitration
Except for claims by us related to intellectual property infringement or for other equitable relief (“Equity Claims”), all claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by the parties after a good faith effort at negotiation shall be submitted either: (a) as an individual claim (only) to the court of small claims or its local jurisdictional equivalent provided the claims made are within such court’s jurisdictions; or (b) submitted for arbitration in the forum of the American Arbitration Association (“AAA”) located in Franklin County in the Commonwealth of Kentucky before a single arbitrator mutually agreed to by the parties or, in the absence of such mutual agreement, selected by the AAA in accordance with its rules. The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these ToU, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org).
The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent to the address as set forth in the “Contacting Us” section below. We will provide notice to your email address(es) and street address(es), if any, on file with us. The notice must describe the nature of the claim and the relief being sought. Regardless of such notice, no arbitration may be commenced if barred by the statute of limitations applicable to the Dispute. The arbitrator shall have no power to award punitive damages, or any other damages not measured by the prevailing party’s actual damages. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrator shall not have the power to award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by the parties and deciding the matter in accordance with the laws of the Commonwealth of Kentucky. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either party prior to arbitration cannot be disclosed to the arbitrator. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrator shall be binding and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will occur in U.S. English. Payment of any fees will be decided by the applicable AAA rules.
Class Action Waiver
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, THE “CLASS ACTION WAIVER”). Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a party commences a representative or class proceeding and for whatever reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in state and federal courts located in the Commonwealth of Kentucky, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
These Terms of Use apply to all users of the online and mobile resources at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to, or discontinue any aspect of the online and mobile resources itself, or your right to use it, including your Account, and any Content, without notice or liability to you.
We may provide notices to you via the email address provided in your Account. We will provide copies of notices of breach via reputable overnight courier. Notices to us will be provided via reputable overnight courier to the address specified below with “ATTENTION: [your name] Account” in the address. All such notices by either party shall be deemed given three (3) business days after being sent.
Our online and mobile resources maintain specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to our online and mobile resources. All notices should be addressed to the following contact:
Commonwealth Credit Union
Attn: Robert Tyler Polley, ERM Manager
1425 Louisville Road
Frankfort, Kentucky 40602
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement; (b) description of the infringing material and information sufficient to permit us to locate the alleged material; (c) contact information for you, including your address, telephone number and/or email address; (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of, or inability to process, your complaint.
You are solely responsible for the security of your own devices and networks. This includes using and maintaining appropriate anti-virus, firewall, and backup software. Commonwealth Credit Union disclaims any responsibility or liability for any problem with your computer systems, including any malware that your computer may receive as a result of your use of our online and mobile resources.
These Terms of Use and the Privacy Statement are the entire agreement between Commonwealth Credit Union and all visitors and users of the online and mobile resources. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the online and mobile resources, these Terms of Use and the Privacy Statement must be filed by you within one year after such claim or cause of action arose or be forever barred.
Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The parties are independent contractors and not agents or joint venturers. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability, and indemnification shall survive termination.
If you have questions, please contact us at P.O. Box 978, Frankfort, Kentucky 40602 or at marketing@cwcu.org.