Terms of Use

Last Revised: 10/08/2020
The website located at Portal.DirecFunds.com and/or www.DirecFunds.com, (the “Services”) is published, owned, and operated by DirecFunds, LLC, its affiliates and related entities (“DirecFunds,” “the Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Services.

By accessing, browsing, submitting information to and/or using the Services, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND DIRECFUNDS. FURTHER THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND DIRECFUNDS ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMITS CLASS ACTION CLAIMS (SEE “ARBITRATION”).

YOU HEREBY ACKNOWLEDGE AND AGREE THAT DIRECFUNDS IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER, OR ASSET MANAGER. THE DIRECFUNDS SERVICES ARE MERELY A TOOL TO ASSIST YOU IN FACILITATING TRANSFER OF FUNDS FROM YOUR FINANCIAL INSTITUTION TO YOUR SELECTED RECIPIENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT, AND SPENDING DECISIONS.

Purpose of the Services.

The Services are provided solely for informational purposes and the purposes of facilitating secure payment between you and your trusted title company. The Services are not intended to secure a loan, provide lending or borrowing advice, provide advice or counsel on any matters including, but not limited to, real estate matters, purchasing or selling a home, or any purpose other than facilitating secure payment between you and your trusted title company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Services, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Services shall be handled in accordance with the Services’ Privacy Policy, which is hereby incorporated by reference.

Use of the Services.

The Company grants you a non-exclusive right to access and use the Services and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Services shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Services for commercial purposes. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws.

User Account Responsibility.

If you are given or create a password to access the Services, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. By using our Services, you represent and affirm that you have the authority to operate the account of the individual whose username and password you have used to access the Services. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

User Content Authorization:

You expressly authorize Company to access information from your financial institution (“Your Financial Account”) that you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s), or engage in financial transactions (“Account Information”), which you provide to Company, on your behalf as your agent. Company’s third party processors will submit information including financial account numbers, routing numbers, usernames, and passwords that you provide to log you into any applicable third-party website(s), or will, alternatively, make a funds transfer request directly to Your Financial Account. You hereby authorize and permit Company to use and store information submitted by you to the Services (such as account numbers, passwords, and usernames) to accomplish the foregoing and to configure Services so that they are compatible with the third party websites for which you submit your information. For purposes of these Terms, and solely to provide the Account Information to you as part of Services, you grant Company a limited power of attorney, and appoint Company as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY WEBSITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that Services are not sponsored or endorsed by any third parties accessible through the Services. Company is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate Account Information.

Transfers from Your Accounts.

By initiating a transaction from your personal financial account to your title company (an “Account Transaction”), you (i) affirm you are the owner of the account and have authority to initiate the transaction, and (ii) authorize us to initiate electronic debits and credits to your account to process and correct errors if a transaction cannot be completed. We shall not be liable to you or any third party when (1) you do not have enough money available in your account to transfer to the title company; (2) your account is closed or withdrawals are restricted; (3) the transaction exceeds dollar or frequency limitations imposed by us or your account provider; (4) circumstances beyond our control (such as flood, fire, power outages, mechanical or system failures); (5) your account provider does not honor a transaction, the transaction is not processed or the transaction is returned by your account provider; (6) your instructions are lost or delayed in transmission to us; (7) we fail to process your transaction because of a reasonable security concern or the Services option has been discontinued or suspended, or we otherwise advise you that your request will not be processed; and (8) other exceptions allowed by law.

Prohibited Uses.

You agree that you will not:

• Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them;
• Attempt to gain unauthorized access to any Services account, computer systems or networks associated with the Company or the Services;
• Obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided by the Company;
• Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.

You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Policy.

TITLE AGENT LOGIN: To discontinue receiving SMS messages from the Company at any time, reply STOP or text STOP to 513-540-1465 or email support@DirecFunds.com. For help, reply HELP or text HELP to 513-540-1465 or email support@DirecFunds.com.

PUBLIC/COMSUMER: To discontinue receiving SMS messages from the Company, please consult your Title Agent Contact for assistance.

Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

Third-Party Sites.

The Services may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites, such as those belonging to Corporate One Federal Credit Union, Inc., are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Services, including any delivery of and payment for goods and services.

Authorization to Initiate Wire and ACH Transactions.

By accepting these Terms, you authorize Company and/or our third party process partners to initiate wire transfers and/or Automated Clearing House (“ACH”) credit and/or debit transactions between Your Financial Account and your intended recipient. These transactions will either be initiated in the Services by you (“Manual Transfers”) or initiated by Company, including, without limitation, transactions based on instructions you have set up through the Services. The frequency and amount of the wire transfers or ACH credit and/or debit transactions will be determined by your Manual Transfers or the instructions you provide to Company. YOU UNDERSTAND THAT THIS AUTHORIZATION WILL REMAIN IN FULL FORCE AND EFFECT UNTIL YOU NOTIFY COMPANY THAT YOU WISH TO REVOKE THIS AUTHORIZATION. YOU UNDERSTAND THAT COMPANY REQUIRES AT LEAST THREE (3) BUSINESS DAYS’ PRIOR NOTICE IN ORDER TO CANCEL THIS AUTHORIZATION.

You acknowledge that it is your responsibility to provide correct payment instructions for Your Financial Account to Company and its third party service providers when requested in connection with the Services. You agree to be bound by all applicable wire transfer laws, the National Automated Clearing House Association operating rules, and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding Your Financial Account or in payment instructions may result in a wire transfer or an ACH transfer being rejected, lost, posted to an incorrect account, or returned to the financial institution that maintains Your Financial Account without notice to you. You agree that Company and/or its third party service providers may request and that Company and/or its third party service providers may make wire or ACH transfers solely by reference to the account number of the recipient. Company and its third party service providers shall not be obligated to determine whether there is a discrepancy relating to names or account numbers in transfers between Your Financial Account and the recipient of your funds.

Funding Source Verification.

The funding source verification process is in place to ensure Your Financial Account is compatible with the Services and supports wire and ACH transfers, to prevent your goals from being disclosed to unknown funding sources, and to verify Your Financial Account ownership. Company will successfully verify a funding source by either accessing Your Financial Account or requesting that the financial institution governing Your Financial Account approve of the transfer of funds. In most situations, the financial institution governing Your Financial Account will be responsible for verifying your ownership and approving of the transfer.

Intellectual Property Notices.

The Services and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Services or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Services. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

TA:

Questions regarding the use of any intellectual property provided on the Services should be directed to support@DirecFunds.com.

Consumer:

Questions regarding the use of any intellectual property provided on the Services should be directed to support@DirecFunds.com.

United States Only.

The Company is based in the state of Ohio in the United States. The Company provides these Services for use only by persons located in the United States. We make no claims that the Services or any of its contents are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.

Disclaimer.

ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE SERVICES OR ANY HYPERLINKED SERVICES, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity.

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

Termination and Restriction of Access.

In its sole discretion, the Company may terminate or suspend your access to the Services for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.

Arbitration.

At its sole discretion, the Company may require you to submit any disputes arising from use of the Services, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. Any claims brought by you or Company must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. By using the Services, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. Neither you nor Company will participate in a class action or class-wide arbitration for any claims covered by these Terms.

Governing Law & Jurisdiction.

These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cincinnati, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Services.

Changes to these Terms of Use.

The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).

General.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Services. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company Contact Information.

TA: Questions can be directed to the Company at:
support@DirecFunds.com

CONSUMER: Questions can be directed to your Title Agent Contact.