Terms and Conditions of Your Account
Contents:
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other
information that will allow us to identify you. We may also ask to see your driver' s license or other identifying documents.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial
institutions to obtain, verify, and record information that identifies each person who opens an account
.
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Duty to Protect Account Information and
Methods of Access
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
Direct Deposits
Temporary Account Agreement
Setoff
Check Processing
Check Cashing
Truncation, Substitute Checks, and Other
Check Images
Remotely Created Checks
Unlaw ful Internet Gambling Notice
ACH and Wire Transfers
Facsimile Signatures
Restrictive Legends or Indorsements
Account Transfer
Indorsements
Death or Incompetence
Fiduciary Accounts
Credit Verification
Legal Actions Affecting Your Account
Account Security
Telephonic Instructions
Monitoring and Recording Telephone Calls and
Consent to Receive Communications
Claim of Loss
Early Withdraw al Penalties
Address or Name Changes
Resolving Account Disputes
Waiver of Notices
Additional Terms
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Important Information about Procedures for
Opening a New Account
Agreement
Notices
Liability
Deposits
Withdrawals
Ow nership of Account and Beneficiary
Designation
Business, Organization, and Association
Accounts
Stop Payments
Telephone Transfers
Amendments and Termination
Statements
Your Duty to Report Other Errors or
Problems
Generally
Postdated Checks
Checks and Withdraw al Rules
Cash Withdraw als
Multiple Signatures, Electronic Check
Conversion, and Similar Transactions
Notice of Withdraw al
Individual Account
Joint Account - With Survivorship
Joint Account - No Survivorship
Revocable Trust Account
Your Duty to Report Unauthorized
Signatures, Alterations, and Forgeries
Duty to Notify if Statement Not Received
Positive Pay and Other Fraud Prevention
Services
Convenience Account
Errors Relating to Electronic Fund Transfers
or Substitute Checks
(1) Important Information about Procedures for Opening a New Account
(2) Agreement
This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules
which control your account(s) with us. Please read this carefully and retain it for future reference. If you sign the signature
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including
items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of
indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may
4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
establish rules for certain transactions or events which the law regulates but permits variation by agreement; and3.
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this
account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the
account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered
by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or
overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and we can
deduct any amounts deposited into the account and apply those amounts to the shortage. You have no right to defer payment
of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.
As used in this document the words "we," "our," and "us" mean the financial institution and the words "you" and "your"
mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the
account. However, this agreement does not intend, and the terms "you" and "your" should not be interpreted, to expand an
individual' s responsibility for an organization' s liability. If this account is owned by a corporation, partnership or other
organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in
this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would
be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and
the plural includes the singular.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in
writing either on the signature card for your account or in some other document. Nothing in this document is intended to
vary our duty to act in good faith and with ordinary care when required by law.
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card or open or continue
to use the account, you agree to these rules. You will receive a separate schedule of rates,
qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.
(2) Agreement, Continued
This agreement is subject to applicable federal laws, the laws of the state of New York and other applicable rules such as the
operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement
can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is
too large and complex to be reproduced here. The purpose of this document is to:
1. summarize some laws that apply to common transactions;
2. establish rules to cover transactions or events which the law does not regulate;
(3) Liability
You will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred
as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between
you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your
account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to
seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be
deducted from your account when they are incurred, without notice to you.
(4) Deposits
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction
limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If
we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for
an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
M ultiple Signatures, Electronic Check Conversion, and Similar Transactions.
An electronic check conversion
transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the
Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from
circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise
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reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right
to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid
by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim
of alteration, encoding error, counterfeit cashier' s check or other problem which in our judgment justifies reversal of credit.
You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we
may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in,
foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for
transactions by mail or outside depository until we actually record them. We will treat and record all transactions received
after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated
on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we
accept a third-party check or draft for deposit, we may require any third-party indorsers to verify or guarantee their
indorsements, or indorse in our presence
.
(4) Deposits, Continued
Generally.
Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the
account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time.
Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to
make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction
with us.
Postdated Checks.
A postdated check is one which bears a date later than the date on which the check is written. We
may properly pay and charge your account for a postdated check even though payment was made before the date of the
check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because
we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice
unless it precisely identifies the number, date, amount and payee of the item.
(5) Withdraw als
Checks and W ithdraw al Rules.
If you do not purchase your check blanks from us, you must be certain that we
approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms
not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request
which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any
withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to
apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Cash Withdrawals.
We recommend you take care when making large cash withdrawals because carrying large amounts
of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to
consider a cashier' s check or similar instrument. You assume full responsibility of any loss in the event the cash you
withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision
to withdraw funds in the form of cash.
Joint Account - No Survivorship.
(As Tenants In Common)
. This is owned by two or more persons, but none of you
intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to
agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not,
however, affect the number of signatures necessary for withdrawal.
Convenience Account.
Governed by New York Banking Law § 678. See separate disclosure.
Revocable Trust Account.
If two or more of you create such an account, you own the account jointly with
survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then
living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries
will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the
right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the
account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay the account funds.
Individual Account.
This is an account in the name of one person.
Joint Account - With Survivorship
(And Not As Tenants In Common).
This is owned by two or more persons.
Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This
means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal
requests (including checks or other orders) from any owner during the lifetime of all owners. We may be required to
release money in the account to satisfy a judgment against or other valid debt incurred by any owner. We may honor
withdrawal requests
(including checks or other orders) from any surviving owner after the death of any owner, and may
treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor
the withdrawal request (including checks or other orders) of an owner we will not be liable for doing so. After we receive
such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.
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(5) Withdraw als, Continued
examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to
examine the signatures, you waive any requirement of multiple signatures.
Notice of W ithdraw al.
We reserve the right to require not less than 7 days' notice in writing before each withdrawal
from an interest-bearing account, other than a time deposit or demand deposit, or from any other savings deposit as
defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals
from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See
your notice of penalty for early withdrawal.
(6) Ow nership of Account and Beneficiary Designation
(7) Business, Organization, and Association Accounts
Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law
or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity.
We may require the governing body
of the entity opening the account to give us a separate authorization telling us who is
authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the
governing body of the entity.
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific
delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If
the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item,
including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is
deposited in the United States Mail with proper postage and addressed to your mailing address we have on file. Notice to any
of you is notice to all of you.
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The rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other
types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have
not disclosed these rules to you elsewhere, you may ask us about those rules.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify
us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder
of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware
that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be
made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Limitations on
the number of telephonic transfers from a savings account, if any, are described elsewhere.
A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable
opportunity to act on it. Because stop-payment orders are handled by computers, to be effective the order must precisely
identify the number, date and amount of the item, and the payee. We will honor a stop-payment request by the person who
signed the particular item, and, by any other person, even though such other person did not sign the item. Generally, if your
stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not
renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your
stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We
are not obligated to notify you when a stop-payment order expires.
(8) Stop Payments
(9) Telephone Transfers
(10 ) Amendments and Termination
We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the
Truth-in-Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by
any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of
the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When
you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be
paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify
your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure
becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze
or close your account and then give you notice. If we have notified you of a change in any term of your account and you
continue to have your account after the effective date of the change, you have agreed to the new term(s).
(11 ) Notices
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Your Duty to Report Unauthorized Signatures, Alterations, and Forgeries.
You must examine your statement of
account with "reasonable care and promptness." If you discover (or reasonably should have discovered) any unauthorized
signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either
of these duties, you will have to bear the entire loss. Your loss could be not only with respect to items on the statement
but other items with unauthorized signatures or alterations by the same wrongdoer. We lose these protections if you
establish that we failed to exercise ordinary care in paying an item with an unauthorized signature or alteration.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will
not, in any circumstance, exceed a total of 14 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60
days of when we first send or make the statement available, you cannot assert a claim against us on any items in that
statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether
we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this
section.
Your Duty to Report Other Errors or Problems.
In addition to your duty to review your statements for unauthorized
signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error
or problem - such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either
your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other
problems. You agree that the time you have to examine your statement and items and report to us will depend on the
circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and
report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting
a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely
yours.
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was
directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from
the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law.
We may also use any other legal remedy to recover the amount of our liability.
If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account
or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However,
we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements
we have imposed within a reasonable time.
Errors Relating to Electronic Fund Transfers or Substitute Checks
(For consumer accounts only)
. For information
on errors relating to electronic fund transfers (e.g., on-line, mobile, debit card or ATM transactions) refer to your
Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For
information on
errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.
(12 ) Statements
Duty to Notify if Statement Not Received.
You agree to immediately notify us if you do not receive your statement
by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be
an issue with your account, such as possible fraud or identity theft.
(13 ) Direct Deposits
(14 ) Temporary Account Agreement
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We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument
written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We
can decide what identification is reasonable under the circumstances and such identification may be documentary or physical
and may include collecting a thumbprint or fingerprint.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this
account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a
consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security
interest), or (c) the debtor' s right of withdrawal only arises in a representative capacity, or (d) social security or supplemental
security income payments are deposited directly into this account pursuant to an agreement with us which permits such direct
deposit without presentation to you at the time of deposit. We will not be liable for the dishonor of any check when the
dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a
result of our exercise of our right of setoff.
We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items.
This means that we do not individually examine all of your items to determine if the item is properly completed, signed and
indorsed or
to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have
exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not
inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the
check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements.
We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date
of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that
would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you
and all account holders.
You each agree that we may (when permitted by law) set off the funds in this account against any due and payable debt any
of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds
in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a
partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will
be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of
the balance for which we have properly accelerated the due date.
(15 ) Setoff
(16 ) Check Processing
(17 ) Check Cashing
(18 ) Truncation, Substitute Checks, and Other Check Images
If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you
warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper
image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute
check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to
retain the original check in conformance with our internal policy for retaining original checks. You agree to indemnify us for
an
y
loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks
that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act.
Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper
image of an original check.
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Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other
orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all
checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by
whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature
specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you
suspect that your facsimile signature is being or has been misused
.
The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive
legends, restrictive indorsements or other special instructions on every check. For this reason, we are not required to honor
any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in writing
Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand
draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a
remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a
signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that
the owner authorized the check or has the owner' s name typed or printed on the signature line.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this
account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund
transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in
unlawful Internet gambling
.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1)
you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the
check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us
the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is
returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your
account, you still owe us the remaining balance.
(19 ) Remotely Created Checks
(20 ) Unlawful Internet Gambling Notice
(21 ) ACH and Wire Transfers
This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which
you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial
institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution
may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution,
person or account other than the one named. You agree to be bound by automated clearing house association rules. These
rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is
made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform
Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your
account and the
party originating such payment will not be considered to have paid the amount so credited. Credit entries
may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not
required to give you any notice of the payment order or credit.
(22 ) Facsimile Signatures
(23 ) Restrictive Legends or Indorsements
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(23) Restrictive Legends or Indorsements, Continued
to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or
expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends
placed on checks are "must be presented within 90 days" or "not valid for more than $1,000.00." The payee' s signature
accompanied by the words "for deposit only" is an example of a restrictive indorsement
.
We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash
back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you
warrant that all indorsements are genuine.
To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific
area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g.,
additional indorsements, ID information, driver' s license number, etc.) must fall within 1 1/2" of the "trailing edge" of a
check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the "trailing edge" is the left edge. When you flip the check over, be sure to keep all
indorsement information within 1 1/2" of that edge.
It is important that you confine the indorsement information to this area since the remaining blank space will be used by
others in the processing of the check to place additional needed indorsements and information. You agree that you will
indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement,
another indorsement, or information you have printed on the back of the check obscures our indorsement. These indorsement
guidelines apply to both personal and business checks.
You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated
(determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until:
(a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that
knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of
incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by
someone claiming an interest in the account.
This account may not be transferred or assigned without our prior written consent.
(24) Account Transfer
(25) Indorsements
(26) Death or Incompetence
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(27) Fiduciary Accounts
Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf
of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This
account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as
executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we
are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or
enforce the terms of the trust or letters
.
You agree that we may verify credit and employment history by any necessary means, including preparation of a credit
report by a credit reporting agency.
If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or
similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our
discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court
determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In
these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn
funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or
expenses we incur in responding to any legal action (including, without limitation, attorneys' fees and our internal expenses)
may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify
additional fees that we may charge for certain legal actions
.
(28) Credit Verification
(29) Legal Actions Affecting Your Account
(30) Account Security
Duty to Protect Account Information and M ethods of Access.
It is your responsibility to protect the account
numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare,
or share information about your account number(s) with anyone unless you are willing to give them full use of your
money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false
demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual
authority to make transfers to another person (a family member or coworker, for example) who then exceeds that
authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer
authorized.
Your account number can also be used to electronically remove money from your account, and payment can be made from
your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been
lost or stolen. If you are negligent in safeguarding your checks we will not be responsible for any losses you incur due to
an alteration or forgery if we have paid they check in good faith and in accordance with reasonable commercial standards.
Positive Pay and Other Fraud Prevention Services.
Except for consumer electronic fund transfers subject to
Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other
unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent
or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for
such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include
positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security
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(30) Account Security, Continued
procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we
accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect
and prevent check fraud and is appropriate for account holders that issue: a high volume of checks, a lot of checks to the
general public, or checks for large dollar amounts.
Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via
facsimile transmission or leave by voice mail or on a telephone answering machine.
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to
ensure that you receive courteous and efficient service. You consent in advance to any such recording
.
If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable
means to notify us.
With the above understandings, you authorize us to contact you regarding your account throughout its existence using any
telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship
or that you may subsequently provide to us.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular
wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you
may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging,
including the use of pre-recorded or artificial voice messages and an automated dialing device.
To provide you with the best possible service in our ongoing business relationship for your account we may need to contact
you about your account from time to time by telephone, text messaging or email. However, we first obtain your consent to
contact you about your account in compliance with applicable consumer protection provisions in the federal Telephone
Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the
Federal Communications Commission (FCC).
(31) Telephonic Instructions
(32 ) Monitoring and Recording Telephone Calls and Consent to Receive Communications
Your consent is voluntary and not conditioned on the purchase of any product or service from us.
Your consent is limited to your account, and as authorized by applicable law and regulations.
(33) Claim of Loss
The following rules do not apply to a transaction or claim related to a consumer electronic fund transfer governed by
Regulation E (e.g., an everyday consumer debit card or ATM transaction). The error resolution procedures for consumer
electronic fund transfers can be found in our initial Regulation E disclosure titled, "Electronic Fund Transfers." For other
transactions or claims, if you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal,
you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever
reasonable information we require concerning your account, the transaction, and the
claim of lost, missing, or stolen checks
or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding
any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including
loss of profits or opportunity, or for attorneys' fees incurred by you. You agree that you will not waive any rights you have
to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will
pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the
amount you recover or are entitled to recover from these other sources.
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You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of
address or name must be made in writing by at least one of the account holders. Informing us of your address or name
change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent
address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes
subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your
account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably
necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that
the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on
funds in your account for these reasons.
To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or
charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of
nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
We may impose early withdrawal penalties on a withdrawal from a time account even if you don' t initiate the withdrawal.
For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the
account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal
penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early
withdrawals for additional informatio
n.
(34) Early Withdraw al Penalties
(and involuntary withdrawals)
(35) Address or Name Changes
(36) Resolving Account Disputes
(37) Waiver of Notices
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(38 ) Additional Terms
