Agreement of Terms and Conditions
I understand that
this Agreement between Union Bank & Trust Company (“Union Bank”) and me
sets forth the terms and conditions of my use of the CollegeCounts 529 Fund's online services (the “Services”).
Responsibilities of User
Union Bank maintains this site
for the convenience of its users. I will
be the only authorized user under this Agreement. I agree not to disclose any information
obtained under this Agreement to third parties.
I will be solely responsible for the confidentiality and use of any user
IDs, logins, passwords and other security data, methods and devices. I understand that I will be solely
responsible for all transaction requests electronically transmitted using my
password and other security data. I
accept full responsibility for the monitoring of my account. I agree that the CollegeCounts 529 Fund (
the “Plan”) and its officers, agents, employees, contractors, affiliates and
their successors, Union Bank, the State Treasurer of Alabama, the Board and the State of
Alabama shall not be under a duty to inquire as to the authority or propriety of
any instructions given to them by me or via my user ID or password, and shall
be entitled to act upon any such instructions, and will not be liable for any
loss, cost, expense or other liability arising out of any such instructions.
agree that all transaction requests placed through the Services are at my sole
risk and responsibility. I agree that I
am solely responsible for monitoring my account and I agree to immediately
notify Union Bank of any unauthorized or suspicious conduct concerning my
account, user ID or password, or if any user ID or password is lost or
stolen. All such notifications shall be
communicated to Union Bank using the following contact information:
CollegeCounts 529 Fund
Union Bank & Trust Company
6811 South 27th Street
Lincoln, NE 68512
Toll-free: 866 – 529 - ACCT (2228)
fail to notify Union Bank within 30 days of receipt of any applicable statement
with respect to my account of any type of discrepancy or suspicious or
unexplained occurrence relating to my account, of the loss or theft of my user
ID or password or the unauthorized use of my user ID or password, neither the Plan nor any of its officers,
agents, employees, contractors, affiliates and their successors, Union Bank,
the State Treasurer of Alabama, the Board or the State of Alabama, will
have any responsibility or liability to me or to any other person whose claim
may arise through me for any claims with respect to the handling, mishandling,
or loss of any transaction. I understand
that the Plan and Union Bank shall not be deemed to have received any
transaction electronically transmitted by me until Union Bank has acknowledged
to me that the transaction has been received.
Limitation of Liability and Indemnification
Union Bank does not guarantee the
accuracy, validity, timeliness, completeness or suitability of any information
or data made available through the Services.
Union Bank disclaims all warranties, express or implied, including but
not limited to, warranties of title, non-infringement, merchantability or
fitness for a particular purpose. The
Services are provided “as-is.”
of the Plan, Union Bank, the State Treasurer of Alabama, the Board, nor the State of
Alabama shall be liable to you or any third party for any loss or damage,
direct, indirect or consequential, arising from (i) any inaccuracy or
incompleteness in, or delay, interruptions, errors or omissions in the delivery
of any information or data, or the execution of any transactions through the
Services; (ii) any decision made or action taken by you or any third party
in reliance upon the Services; or (iii) any damages caused by
communications line failure, unauthorized access, theft, systems failure and
other occurrences beyond their control.
I agree to provide all telephone and other equipment to access the
Services and I will be solely responsible for paying all charges related
thereto. I am aware that, at times, the
Plans’s website may be inaccessible or its transaction features may be
I agree to defend, hold harmless and indemnify the Plan
and its officers, agents, employees, contractors, affiliates, and their
successors, Union Bank, the State Treasurer of Alabama, the Board and the State of Alabama
from all losses, claims, expenses and liabilities that any of them may suffer
arising from, or as a result of, my use of the Services.
I agree that the Plans’s security verification processes
By using the Services, I agree and certify that I am of legal age and capacity and am
authorized to do so. I acknowledge that
it is my responsibility to read the Program Disclosure Statement and Account Agreement. I also agree that it is my responsibility to
consider the investment objectives, risks, and charges and expenses associated
with the Plan and each portfolio in which I invest.
I may use Electronic Funds Transfer to transfer funds
electronically between my bank account and my Plan account for contributions,
withdrawals or other distributions.
Transfers are processed through the Automated Clearing House (“ACH”)
system and my bank that holds my account must participate in the ACH system for
me to use this service. Transfers are
normally completed within one (1) or two (2) business days.
There is no fee to use Electronic Funds Transfer, although
your bank may charge transaction fees.
There is no minimum Electronic Funds Transfer amount for contributions
By utilizing the Services to initiate Electronic Funds
Transfers, I hereby authorize Union Bank to initiate debit or credit entries to
my designated bank account and I authorize my designated bank to accept any
such credits or debits to my bank account.
This authorization will remain in full force and effect until Union Bank
has received notification from me of its modification or termination in such
time to afford Union Bank a reasonable amount of time to act upon it. If an Electronic Funds Transfer cannot be completed, including, but not
limited to, because of insufficient funds or the closing of either account,
Union Bank reserves the right to cancel this authorization and will notify me
of such action. I
acknowledge that the origination of Electronic Funds Transfer transactions to
my account must comply with the provisions of applicable law. I further agree that if such Electronic Funds
Transfer is not completed for any reason, Union Bank will not bear any
I agree that Union Bank may modify or terminate this Agreement without notice
at any time. Any modification or
termination of this Agreement will be posted by Union Bank on the Plan website.
I agree that Union Bank may immediately terminate access
to my account if I breach this Agreement.
By clicking the
“I Agree” box below, I acknowledge that I have read, understand, and agree
to meet all the terms and conditions above.
I agree that I am providing the legal equivalent of my handwritten
signature and agree to print or save a copy of this Agreement for my own
records. This Agreement is effective as
of today’s date, and is binding on myself, any successor account owner, and any
trust or person on whose behalf I have entered into this agreement.