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”).
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.
I 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)
If I 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.
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.”
None 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 Plan’s website may be inaccessible or its transaction features may be unavailable.
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 Plan’s security verification processes are reasonable.
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 or withdrawals.
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 liability.
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.