Terms and Conditions of Your Account
Contents:
Important Information about Procedures for
Opening a New Account
Agreement
Liabilit y
Deposit s
Wit hdraw als
Ow nership of Account and Beneficiary
Designation
Business, Organization, and Association
Accounts
St op Payment s
Telephone Transfers
Amendment s and Terminat ion
Correction of Clerical Errors
Notices
Stat ement s
Important Terms for Accounts Where More
Than One Person Can Wit hdraw
Postdated Checks
Checks and Wit hdraw al Rules
Cash Wit hdraw als
Multiple Signatures, Electronic Check
Conversion, and Similar Transactions
Notice of Withdrawal
(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)
(39)
(40)
(41)
Reimbursement of Federal Benefit Payments
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 Transf ers
International ACH Transactions
Facsimile Signatures
Authorized Signer
Restrictive Legends or Indorsements
Account Transf er
Indorsement s
Deat h or Incompet ence
Fiduciary Accounts
Credit Verification
Legal Actions Affecting Your Account
Account Security
Instructions From You
Monitoring and Recording Telephone Calls and
Account Communications
Claim of Loss
Early Wit hdraw al Penalt ies
Changes in Name and Contact Inf ormat ion
Resolving Account Disputes
Waiver of Notices
Additional Terms
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
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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All rights reserved.
Your Duty to Report Unauthorized
Signatures (Including Forgeries and
Counterfeit Checks) and Alterations on
Checks and Other It ems
Your Duty to Report Other Errors or
Problems
Errors Relating to Electronic Fund Transfers
or Substitute Checks
Duty to Notify if Statement Not Received
Individual Account
Joint Account - With Survivorship
Joint Account - No Survivorship
Revocable Trust or Pay-on-Death Account
Your Duty to Protect Account Information
and Methods of Access
Positive Pay and Other Fraud Prevention
Services
(1) Important Information about Procedures for Opening a New Account
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(2) Agreement
This document, along with any other documents we give you pertaining to your account(s), is a contract (also referred to as
"this agreement") that establishes rules which control your account(s) with us. Please read this carefully and retain it for
future reference. If you open the account (whether in-person, electronically, or by any other method permitted by us) or
continue to use the account after receiving a notice of change or amendment, you agree to these rules. You will receive a
separate schedule of rates, qualifying balances, and fees if they are not included in this agreement. If you have any questions,
please ask us.
1.
2. establish rules to cover transactions or events which the law does not regulate;
summarize some laws that apply to common transactions;
This agreement is subject to applicable federal laws, the laws of the state of Georgia 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 agreement is to:
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.
If any provision of this agreement 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 agreement is intended to
vary our duty to act in good faith and with ordinary care when required by law.
As used in this agreement 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 agreement 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 agreement should be construed so the singular includes the plural and
the plural includes the singular.
(3 ) Liability
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.
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.
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.
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(4 ) Deposits
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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
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.
Important Terms for Accounts Where More Than One Person Can Withdraw .
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 Withdraw 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.
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.
Cash W ithdraw als.
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.
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(5) Withdraw als, Continued
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 separately provided notice of penalty for early withdrawal.
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
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.
(6) Ow nership of Account and Beneficiary Designation
Revocable Trust or Pay-on-Death Account.
If two or more of you create this type of 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,
beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating either of these
account types may: (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 reserve the right to refuse some forms of ownership and beneficiary designations on any or all of our
accounts unless otherwise prohibited by law. 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 an account in the name of two or more
persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have
agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint
tenants with survivorship and not as tenants in common.
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.
(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.
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We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the
manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our
stop-payment cutoff time. Because the most effective way for us to execute a stop-payment order is by using an automated
process, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the
payee.
You may stop payment on any item drawn on your account whether you sign the item or not. 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.
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.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive
the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we
certified the item).
(8) Stop Payments
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.
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.
(9) Telephone Transfers
(10) Amendments and Termination
We may change any term of this agreement. For such changes, we will give you reasonable notice in writing or by any other
method permitted by law. We may also suspend or terminate a service or close this account at any time upon reasonable
notice to you and, if we close the account, tender of the account balance personally or by mail. 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 terms.
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.
Items presented for payment after the account is closed may be dishonored.
Note: Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another
document. In addition, for changes governed by a specific law or regulation, we will follow the specific timing and format
notice requirements of those laws or regulations.
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(1 1 ) Correction of Clerical Errors
Unless otherwise prohibited by law, you agree, if determined necessary in our reasonable discretion, to allow us to correct
clerical errors, such as obtaining your missing signature, on any account documents or disclosures that are part of our
agreement with you. For errors on your periodic statement, please refer to the Statements section.
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 any notice in time to have a reasonable opportunity to act
on it. If a 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. Notice we give you via the United States Mail is
effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we
currently have on file. Notice we give you through your email of record, or other electronic method to which you agreed, will
be treated as delivered to you when sent. Notice to any of you is notice to all of you.
(12) Notices
Your Duty to Report Unauthorized Signatures (Including Forgeries and Counterfeit Checks) and Alterations
on Checks and Other Items.
You must examine your statement of account with "reasonable promptness." If you
discover (or reasonably should have discovered) any unauthorized signatures (including forgeries and counterfeit checks)
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 either share the loss with us, or bear the loss entirely yourself (depending on whether we used
ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items
on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
You further agree that if you fail to report any unauthorized signatures or alterations 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.
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 30 days from when the statement is first sent or made available to you.
(13) 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. Absent a lack of ordinary care by us, a failure to receive
your statement in a timely manner does not extend the time you have to conduct your review under this agreement.
Errors Relating to Electronic Fund Transfers or Substitute Checks
(For consumer accounts only)
. For information
on errors relating to electronic fund transfers (e.g., online, 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.
Your Duty to Report Other Errors or Problems.
In
addition
to
your
duty
to
review
your
statements
for
unauthorized
signatures
and
alterations,
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.
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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 available legal remedy to recover the amount of our liability.
(14) Reimbursement of Federal Benefit Payments
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(15) Temporary Account Agreement
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.
We may (without prior notice and 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.
(16) Setoff
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. 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 almost exclusively 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.
(17) Check Processing
(1 8) Check Cashing
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 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.
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(19) Truncation, Substitute Checks, and Other Check Images
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TC-GA 6/1/2022
(2206).00
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 policy for retaining original checks. You agree to indemnify us for any 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.
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.
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.
(2 0) Remotely Created Checks
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.
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.
(21) Unlaw ful Internet Gambling Notice
(22) ACH and Wire Transfers
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Financial institutions are required by law to scrutinize or verify any international ACH transaction (IAT) that they receive
against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC). This action may, from
time to time, cause us to temporarily suspend processing of an IAT and potentially affect the settlement and/or availability of
such payments.
(23) International ACH Transactions
(2 4 ) Facsimile Signatures
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 authorized signer is merely designated to conduct transactions on behalf of the owner or owners. Owners do not give up
any rights to act on the account, and the authorized signer may not in any manner affect the rights of owners or beneficiaries,
if any, other than by withdrawing funds from the account. Owners are responsible for any transactions of the authorized
signer. We undertake no obligation to monitor transactions to determine that they are on behalf of the owners.
(25) Authorized Signer
We may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual
knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We
may refuse to accept the designation of an authorized signer.
For accounts owned by a single individual, the owner may terminate the authority at any time, and the authority is
automatically terminated by the death of the owner.
If our policy allows for the designation of an authorized signer on an account with multiple owners (and without any multiple
signatures requirement), then the following rules apply: Each owner individually authorizes the authorized signer to act on
his/her behalf. Any one owner may revoke or terminate the authorization, and the authorized signer' s authority to access the
account will continue only as long as no owner has revoked authorization. If no other event terminates the authority of the
authorized signer, the authority is terminated upon the death of the last surviving owner.
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
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.
(26) Restrictive Legends or Indorsements
This account may not be transferred or assigned without our prior written consent.
(27) Account Transfer
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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.
(28) Indorsements
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.
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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.
(30) Fiduciary Accounts
(29) Death or Incompetence
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 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
.
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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.
(31) Credit Verification
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(32) Legal Actions Affecting Your Account
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 as required
by applicable law. However, nothing in this agreement shall be construed as a waiver of any rights you may have under
applicable law with regards to such legal action. Subject to applicable law, we may, in our sole discretion, choose to freeze
the assets in the account and not allow any payments or transfers out of the account until there is 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 and applicable law. 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, unless otherwise prohibited by applicable law. The list of fees applicable to your
account(s) - provided elsewhere - may specify additional fees that we may charge for responding to certain legal actions.
Your Duty to Protect Account Information and Methods of Access.
Our policy may require methods of verifying
your identity before providing you with a service or allowing you access to your account. We can decide what identification is
reasonable under the circumstances. For example, process and identification requirements may vary depending on whether
they are online or in person. Identification may be documentary or physical and may include collecting a fingerprint,
voiceprint, or other biometric information.
(33) Account Security
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost
or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself
or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially
contributed to the loss).
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 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
It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for
your accounts. You should also safeguard your username, password, and other access and identifying information when
accessing your account through a computer or other electronic, audio, or mobile device or technology. If you give anyone
authority to access the account on your behalf, you should exercise caution and ensure the trustworthiness of that agent. Do
not discuss, compare, or share information about your account numbers 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 or information
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.
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(3 3 ) Account Security, Continued
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, email, voicemail, or phone call to a facsimile number, email address, or phone number not designated
by us for a particular purpose or for a purpose that is unrelated to the request or instruction.
(34) Instructions From You
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.
(35) M onitoring and Recording Telephone Calls and Account Communications
You acknowledge that the number we use to contact you may be 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 acknowledge that we may contact you by voice, voicemail, or text messaging. You further
acknowledge that we may use pre-recorded voice messages, artificial voice messages, or automatic telephone dialing systems.
If necessary, you may change or remove any of the telephone numbers, email addresses, or other methods of contacting you
at any time using any reasonable means to notify us.
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. In contacting you about your account, we
may use 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.
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/one-time consumer debit card or ATM transaction). The error resolution procedures for
consumer electronic fund transfers can be found in our initial Regulation E disclosure generally 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 circumstances
surrounding the loss. You will notify law enforcement authorities of any criminal act related to 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.
(36) Claim of Loss
(37) Early Withdraw al Penalties
(and involuntary w ithdraw als)
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
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(37) Early Withdraw al Penalties
(and involuntary w ithdraw als),
Continued
penalty on the entire account balance in the event of a partial early withdrawal. See your separately provided notice of penalty
for early withdrawal for additional information.
You are responsible for notifying us of any change in your name, address, or other information we use to communicate with
you. Unless we agree otherwise, notice of such a change must be made in writing. 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
information you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
(38) Changes in Name and Contact Information
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.
(40) Waiver of Notices
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.
(39) Resolving Account Disputes
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(41) Additional Terms