First American Bank
Online Banking Agreement
Effective July 7, 2017
General Terms
1. General Description.
This Online Banking Agreement ("Agreement") governs each service that is
described in the rest of this Agreement that applies to services you use
from us( the “Service”, and each, a "Service") offered through our online
banking website and through our mobile application (the “Site”). The terms
of this Online Banking Agreement supplements, and supersedes where
inconsistent, the terms of other account agreements with First American
Bank ("us," "we" or "Bank") including, without limitation, the Rules and
Regulations Governing First American Bank Deposit Accounts (“Rules and
Regulations”). In this Agreement, "you" refers to each person that accesses
a Service and each owner or person authorized to transact business on the
accounts accessed through a Service. Your use of a Service will be further
evidence of your agreement regarding: (i) the terms and conditions of this
Agreement; and (ii) other agreements that we provide to you. Each Service
permits you to perform certain banking functions on your accounts linked
with the Service.
You are agreeing to enter into this Online Banking Agreement
electronically. By your agreement, you agree to all terms and conditions
governing use of the Online Banking Service as set forth in this Online
Banking Agreement. You may obtain a copy of this agreement at any time from
our website, www.firstambank.com.
We will make a printed copy of this Agreement available to you at your
request.
2. The Service.
The Service allows you to perform each of the functions described below:
a. Obtain account balance and transaction information for your Eligible
Transaction Accounts (see Section 3 of the General Terms below).
b. Transfer funds between your Eligible Transaction Accounts that you
maintain with us, and your accounts that are maintained by other financial
institutions (see Account to Account Transfers Additional Terms).
c. Transfer funds to accounts that others maintain with us.
d. Transfer funds using the PopMoney® peer-to-peer payment
system (see PopMoney® Payments Service Additional Terms).
e. Make payments on certain lines of credit, mortgages, and loans with us.
f. Use the Bill Payment Service (see Bill Payment Service Additional Terms)
to pay merchants, institutions or individuals located in the U.S.
g. View your account statements and images of deposit slips, deposited and
paid checks electronically (see Section 4 of the General Terms below).
h. Reorder checks from Deluxe® Check Printers.
i. Request a stop payment on a check (see Section 21 of the General Terms
below).
j. Receive account and transaction notices and alerts electronically (see
Section 5 of the General Terms below).
k. Update the contact information we have in our records (see Section 24 of
the General Terms below).
l. Download account detail using third party services.
m. Exchange messages with us using “Secure Message Service”.
3. Balance and Transaction Information.
You can obtain account balance and transaction information for your
Eligible Transaction Accounts, including information about transactions for
which processing is pending. The information provided to you as part of the
Service is not the official record of your account or its activity. Your
periodic account statement, furnished to you by us, is the official record
of your account. Balance and transaction information is generally updated
regularly, but is subject to adjustment and correction and therefore should
not be relied upon by you for taking, or not taking, any action.
4. Account Statements.
You may obtain periodic statements for your Eligible Transaction Accounts
either electronically (“eStatements”) within the Service or in paper format
delivered by postal mail. eStatements contain the same information as a
paper statement, depending on the type and features of specific accounts.
You may also have access to images of the front and back of paid checks. If
you choose to receive statements online, we will notify you electronically
when an eStatement is available for viewing within the Service. eStatements
will be available for a limited period of time following the statement
date. You may print the documents or save them to your computer. If you
encounter difficulty saving or printing the eStatement or images of
supporting transactions, contact us using the Secure Message Service or by
the methods described in Section 9 of the General Terms below.
You can terminate eStatement delivery for any of your Eligible Transaction
Accounts at any time by setting your statement delivery preference to
"Paper and Electronic" within the Service, using the Secure Message Service
or by contact us using the Secure Message Service or by the methods
described in Section 9 of the General Terms below. A fee to receive a paper
statement may apply, as set forth in our current schedule of fees for
consumer accounts. We will make eStatements for your Eligible Transaction
Accounts available to you as required by law or upon request. We may stop
making periodic statements available at any time without notice in such
circumstances as when your account becomes inactive, is closed, in default,
in overdraft, or in similar circumstances.
5. Transaction Alerts and Notifications.
The Service permits you to elect to receive balance alerts and
notifications ("Alerts"). You agree to provide us a valid email address so
that we may send you Alerts. Alerts are electronic notices from us that
contain information about the balances in one or more Eligible Transaction
Accounts at one point during a day, or when the balance exceeds or drops
below an amount you specify for an Eligible Transaction Account you have
designated. By subscribing to the Alerts feature, you acknowledge and agree
that: (i) Alerts are provided solely as a convenience; (ii) Alerts are not
a substitute for the periodic statements for your accounts or any other
notices we may send you about such accounts, without regard to the manner
in which you have chosen to receive such periodic statements or other
notices; (iii) such periodic statements and other notices remain the
official records of your accounts; and (iv) it is your ongoing obligation
to promptly review periodic statements, notices, and all other
correspondence from us regarding your accounts and other services you
obtain from us and remains in full force and effect.
We may provide Alerts through one or more of: (i) a cellular telephone;
(ii) a mobile device which is enabled to receive such alerts; or (iii) an
email account that is accessed via a personal computer or other computing
device connected to the Internet. It is your responsibility to determine
that each of the service providers for the communication media described
above supports the Alerts you select. You agree that the Alerts are subject
to the terms and conditions of your agreements with your service providers
and that you are solely responsible for any fees imposed for an Alert by
your service providers. By electing Alerts delivery to a mobile or cellular
device, you agree to receive Alerts through that device. Message and data
rates may be imposed by your service provider. The frequency of Alerts
delivered to your mobile or cellular device depends upon the frequency of
events triggering requested Alerts.
You acknowledge and agree that: (i) Alerts may not be encrypted and may
include personal or confidential information about you and your
transactions, such as your name and account activity or status; (ii) Alerts
may be delayed, misdirected, not delivered, or corrupted due to
circumstances or conditions affecting your service providers or other
parties; and (iii) we will not be liable for losses or damages arising from
(a) any non-delivery, delayed delivery, misdirected delivery, or corruption
of an Alert, (b) inaccurate, untimely or incomplete content in an Alert;
(c) your reliance on or use of the information provided in an Alert for any
purpose, or (d) any other circumstance beyond our control.
6. Service Providers.
We are offering you the Service through one or more Service Providers that
we have engaged to render some or all of the Service to you on our behalf.
However, notwithstanding that we have engaged such a Service Provider to
render some or all of the Service to you, we are the sole party liable to
you for any payments or transfers conducted using the Service and we are
solely responsible to you and any third party to the extent any liability
attaches in connection with the Service. You agree that we have the right
under this Agreement to delegate to Service Providers all of the rights and
performance obligations that we have under this Agreement, and that the
Service Providers will be third party beneficiaries of this Agreement and
will be entitled to all the rights and protections that this Agreement
provides to us. Service Provider and certain other capitalized terms are
defined in a "Definitions" Section at the end of the General Terms of this
Agreement. Other defined terms are also present at the end of each set of
Terms that follows after the General Terms, as applicable.
7. Amendments.
We may amend this Agreement and any applicable fees and charges for the
Service at any time by posting a revised version on the Site. The revised
version will be effective at the time it is posted unless a delayed
effective date is expressly stated in the revision. Any use of the Service
after a notice of change or after the posting of a revised version of this
Agreement on the Site will constitute your agreement to such changes and
revised versions. Further, we may, from time to time, revise, update,
upgrade or enhance the Service and/or related applications or material,
which may render all such prior versions obsolete. Consequently, we reserve
the right to terminate this Agreement as to all such prior versions of the
Service, and/or related applications and material, and limit access to only
the Service’s more recent revisions, updates, upgrades or enhancements.
8. Assignment.
You may not transfer or assign any rights or obligations you have under
this Agreement without our prior written consent, which we may withhold in
our sole discretion. We reserve the right to transfer or assign this
Agreement or any right or obligation under this Agreement at any time to
any party. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors or other
third parties.
9. Notices to Us.
Except as otherwise stated below, notice to us concerning the Site or the
Service must be sent by postal mail to: First American Bank, P.O. Box 794,
Elk Grove Village, IL 60009-0794. We may also be reached by phone at
(847)952-3700, (815)935-7055, or (815)729-8050 for questions and other
purposes concerning the Site or the Service. Any notice to us is
additionally governed by the “Notices” section of our Rules and
Regulations.
10. Notices to You.
You agree that we may provide notice to you by posting it on the Site,
sending you an in-product message within the Service, emailing it to an
email address that you have provided us, including it in an electronic
periodic account statement, mailing it to any postal address that you have
provided us, or by sending it as a text message to any mobile phone number
that you have provided us, including but not limited to the mobile phone
number that you have listed in your Service setup or customer profile. A
notice sent to one Service user shall be deemed sent to, and received by,
all Service users on the day it is sent.
You may withdraw your consent to receive electronic delivery of periodic
account statements and other communications. Your consent to receive notice
electronically remains in effect until you withdraw your consent, close
your account, or discontinue or terminate your use of the Service. We
reserve the right to terminate your use of the Service if you withdraw your
consent to receive electronic communications. Any notice to you is
additionally governed by the “Notices” and “Consent to Receive
Communications” sections of our Rules and Regulations.
In order to receive notice electronically, you must maintain computer
hardware and software of sufficient capability to be able to access and
retain the notice electronically. For more detailed requirements, please
visit the following webpage:
https://www.rib.firstambank.com/OnlineBanking/SupportedBrowsers.aspx.
11. Text Messages, Calls and/or Emails to You.
By providing us with a telephone number (including a wireless/cellular,
mobile telephone number and/or email address), you consent to receiving
calls from us and our Service Providers at that number INCLUDING THOSE MADE
BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails
from us for our everyday business purposes (including identify
verification). You acknowledge and agree that such telephone calls include,
but are not limited to, live telephone calls, prerecorded or artificial
voice message calls, text messages, and calls made by an ATDS from us or
our affiliates and agents. Please review our Privacy Policy for more
information.
12. Receipts and Transaction History.
You may view your transaction history by logging into the Service and
looking at your transaction history. You agree to review your transactions
by this method instead of receiving receipts by mail.
13. Non-usage of Service.
We reserve the right, at our discretion, to require re-acceptance of this
Agreement, require confirmation of user information such as email address,
require reset of security settings such as password, discontinue any fee
discounts or waivers associated with use of the Service, and/or terminate
the Service.
14. Your Privacy.
Protecting your privacy is very important to us. Please review our Privacy
Policy in order to better understand our commitment to maintaining your
privacy, as well as our use and disclosure of your information.
15. Privacy of Others.
If you receive information about another person through the Service, you
agree to keep the information confidential and only use it in connection
with the Service.
16. Eligibility.
The Service is offered only to individual residents of the United States
who can form legally binding contracts under applicable law. Without
limiting the foregoing, the Service is not offered to minors unless the
minor is using an Eligible Transaction Account in the name of the minor
with a parent or guardian as a co-signor or guarantor. By using the
Service, you represent that you meet these requirements and that you agree
to be bound by this Agreement.
17. Prohibited Payments.
The following types of payments are prohibited through the Service, and we
have the right but not the obligation to monitor for, block, cancel and/or
reverse such payments:
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Payments to or from persons or entities located in prohibited
territories (including any territory outside of the United States); and
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Payments that violate any law, statute, ordinance or regulation; and
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Payments that violate the Acceptable Use terms in Section 18 of the
General Terms below; and
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Payments related to: (1) tobacco products, (2) prescription drugs and
devices; (3) narcotics, steroids, controlled substances or other
products that present a risk to consumer safety; (4) drug
paraphernalia; (5) ammunition, firearms, or firearm parts or related
accessories; (6) weapons or knives regulated under applicable law; (7)
goods or services that encourage, promote, facilitate or instruct
others to engage in illegal activity; (8) goods or services that are
sexually oriented; (9) goods or services that promote hate, violence,
racial intolerance, or the financial exploitation of a crime; (10)
goods or services that defame, abuse, harass or threaten others; (11)
goods or services that include any language or images that are bigoted,
hateful, racially offensive, vulgar, obscene, indecent or discourteous;
(12) goods or services that advertise, sell to, or solicit others; or
(13) goods or services that infringe or violate any copyright,
trademark, right of publicity or privacy, or any other proprietary
right under the laws of any jurisdiction; and
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Payments related to gambling, gaming and/or any other activity with an
entry fee and a prize, including, but not limited to, casino games,
sports betting, horse or dog racing, lottery tickets, other ventures
that facilitate gambling, games of skill (whether or not it is legally
defined as a lottery) and sweepstakes; and
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Payments relating to transactions that (1) support pyramid or ponzi
schemes, matrix programs, other "get rich quick" schemes or multi-level
marketing programs, (2) are associated with purchases of real property,
annuities or lottery contracts, lay-away systems, off-shore banking or
transactions to finance or refinance debts funded by a credit card, (3)
are for the sale of items before the seller has control or possession
of the item, (4) constitute money-laundering or terrorist financing,
(5) are associated with the following "money service business"
activities: the sale of traveler’s checks or money orders, currency
dealers or exchanges, or check cashing, or (6) provide credit repair or
debt settlement services; and
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Tax payments and court ordered payments.
In addition to the above-referenced prohibited payments, we may also block
and/or reverse payments that involve donations or payments to an
unauthorized charity or non-profit organization, unless we have performed
appropriate due diligence on and investigation of such charity or
non-profit organization and have determined its legitimacy, in our sole
discretion. Except as required by applicable law, in no event shall we or
our Service Providers be liable for any claims or damages resulting from
your scheduling of prohibited payments. We encourage you to provide notice
to us by the methods described in Section 9 of the General Terms above of
any violations of the General Terms or the Agreement generally.
18. Acceptable Use.
You agree that you are independently responsible for complying with all
applicable laws in all of your activities related to your use of the
Service, regardless of the purpose of the use, and for all communications
you send through the Service. We and our Service Providers have the right
but not the obligation to monitor and remove communications content that we
find in our sole discretion to be objectionable in any way. In addition,
you are prohibited from using the Service for communications or activities
that: (a) violate any law, statute, ordinance or regulation; (b) promote
hate, violence, racial intolerance, or the financial exploitation of a
crime; (c) defame, abuse, harass or threaten others; (d) include any
language or images that are bigoted, hateful, racially offensive, vulgar,
obscene, indecent or discourteous; (e) infringe or violate any copyright,
trademark, right of publicity or privacy or any other proprietary right
under the laws of any jurisdiction; (f) impose an unreasonable or
disproportionately large load on our infrastructure; (g) facilitate any
viruses, trojan horses, worms or other computer programming routines that
may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information; (h) constitute use of any
robot, spider, other automatic device, or manual process to monitor or copy
the Service or the portion of the Site through which the Service is offered
without our prior written permission; (i) constitute use of any device,
software or routine to bypass technology protecting the Site or Service, or
interfere or attempt to interfere, with the Site or the Service; or (j) may
cause us or our Service Providers to lose any of the services from our
internet service providers, payment processors, or other vendors. We
encourage you to provide notice to us by the methods described in Section 9
of the General Terms above of any violations of the General Terms or the
Agreement generally.
19. Payment Methods and Amounts.
There are limits on the amount of money you can send or receive through our
Service. Your limits may be adjusted from time-to-time at our sole
discretion. You may log in to the Site to view your individual transaction
limits. We or our Service Provider also reserve the right to select the
method in which to remit funds on your behalf though the Service, and in
the event that your Eligible Transaction Account is closed or otherwise
unavailable to us the method to return funds to you. These payment methods
may include, but may not be limited to, an electronic debit, a paper check
drawn on the account of our Service Provider, or draft drawn against your
account.
20. Your Liability for Unauthorized Transfers.
Immediately following your discovery of an unauthorized Payment
Instruction, you shall communicate with us in the manner set forth in
Section 9 of the General Terms above, subject to the provision titled
“Unauthorized Transfers” in the Electronic Funds Transfers section of our
Rules and Regulations.
21.
Stopping Payment on a Paper Check
. You can use the Service to place a stop payment order for a paper check
you have written on an Eligible Transaction Account. To do so, you must
provide us with timely, complete and accurate information regarding the
account number the item is drawn upon, the item number, and the exact
amount of the item. Communicate with us in the manner set forth in Section
9 of the General Terms above.
22. Taxes.
It is your responsibility to determine what, if any, taxes apply to the
transactions you make or receive, and it is your responsibility to collect,
report and remit the correct tax to the appropriate tax authority. We are
not responsible for determining whether taxes apply to your transaction, or
for collecting, reporting or remitting any taxes arising from any
transaction.
23. Failed or Returned Payment Instructions.
In using the Service, you are requesting that we or our Service Provider
attempt to make payments for you from your Eligible Transaction Account. If
the Payment Instruction cannot be completed for any reason associated with
your Eligible Transaction Account (for example, there are insufficient
funds in your Eligible Transaction Account, or the Payment Instruction
would exceed the credit or overdraft protection limit of your Eligible
Transaction Account, to cover the payment), the Payment Instruction may or
may not be completed. In certain circumstances, our Service Provider may
either advance funds drawn on their corporate account or via an electronic
debit, and in such circumstances will attempt to debit the Eligible
Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from
us or our Service Provider. In each such case, you agree that:
a. You will reimburse our Service Provider immediately upon demand the
amount of the Payment Instruction if the payment has been delivered but
there are insufficient funds in, or insufficient overdraft credits
associated with, your Eligible Transaction Account to allow the debit
processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of
any unpaid amounts plus costs of collection by our Service Provider or
their third-party contractor if the Payment Instruction cannot be debited
because you have insufficient funds in your Eligible Transaction Account,
or the transaction would exceed the credit or overdraft protection limit of
your Eligible Transaction Account, to cover the payment, or if the funds
cannot otherwise be collected from you. The aforesaid amounts will be
charged in addition to any NSF charges that may be assessed by us, as set
forth in our current schedule of fees for consumer accounts (including as
disclosed on the Site) or your account agreement with us. You hereby
authorize us and our Service Provider to deduct all of these amounts from
your designated Eligible Transaction Account, including by ACH debit;
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Service Provider is authorized to report the facts concerning the
return to any credit reporting agency.
24. Address or Banking Changes.
It is your sole responsibility to ensure that the contact information in
your user profile is current and accurate. This includes, but is not
limited to, name, physical address, phone numbers and email addresses.
Depending on the Service, changes may be able to be made within the user
interface of the Service or by contacting us as set forth in Section 9 of
the General Terms above. Address and name changes are additionally governed
by the “Address or Name Changes” section of our Rules and Regulations. We
are not responsible for any payment processing errors or fees incurred if
you do not provide accurate Eligible Transaction Account, Payment
Instructions or contact information.
25. Information Authorization.
Your enrollment in the applicable Service may not be fulfilled if we cannot
verify your identity or other necessary information. Through your
enrollment in or use of each Service, you agree that we reserve the right
to request a review of your credit rating at our own expense through an
authorized bureau. In addition, and in accordance with our Privacy Policy,
you agree that we reserve the right to obtain personal information about
you, including without limitation, financial information and transaction
history regarding your Eligible Transaction Account. You further understand
and agree that we reserve the right to use personal information about you
for our and our Service Providers’ everyday business purposes, such as to
maintain your ability to access the Service, to authenticate you when you
log in, to send you information about the Service, to perform fraud
screening, to verify your identity, to determine your transaction limits,
to perform collections, to comply with laws, regulations, court orders and
lawful instructions from government agencies, to protect the personal
safety of subscribers or the public, to defend claims, to resolve disputes,
to troubleshoot problems, to enforce this Agreement, to protect our rights
and property, and to customize, measure, and improve the Service and the
content and layout of the Site. Additionally, we and our Service Providers
may use your information for risk management purposes and may use, store
and disclose your information acquired in connection with this Agreement as
permitted by law, including (without limitation) any use to effect,
administer or enforce a transaction or to protect against or prevent actual
or potential fraud, unauthorized transactions, claims or other liability.
We and our Service Providers shall have the right to retain such data even
after termination or expiration of this Agreement for risk management,
regulatory compliance, or audit reasons, and as permitted by applicable law
for everyday business purposes. In addition we and our Service Providers
may use, store and disclose such information acquired in connection with
the Service in statistical form for pattern recognition, modeling,
enhancement and improvement, system analysis and to analyze the performance
of the Service.
26. Service Termination, Cancellation, or Suspension.
You may cancel the Service by sending us written notice using the Secure
Message Service, or as set forth in Section 9 of the General Terms above.
Any payment(s) that have begun processing before the requested cancellation
date will be processed by us. You agree that we may terminate or suspend
your use of the Service at any time and for any reason or no reason.
Neither termination, cancellation nor suspension shall affect your
liability or obligations under this Agreement.
27. Errors, Questions, and Complaints.
In case of errors, questions or complaints about the Service, you should
contact us immediately as set forth in Section 9 of the General Terms
above, and subject to the provision titled “Error Resolution Notice” in the
Electronic Funds Transfers section of our Rules and Regulations.
28. Intellectual Property.
All other marks and logos related to the Service are either trademarks or
registered trademarks of us or our licensors. In addition, all page
headers, custom graphics, button icons, and scripts are our service marks,
trademarks, and/or trade dress or those of our licensors. You may not copy,
imitate, or use any of the above without our prior written consent, which
we may withhold in our sole discretion, and you may not use them in a
manner that is disparaging to us or the Service or display them in any
manner that implies our sponsorship or endorsement. All right, title and
interest in and to the Service, the portion of the Site through which the
Service is offered, the technology related to the Site and Service, and any
and all technology and any content created or derived from any of the
foregoing, is our exclusive property or that of our licensors. Moreover,
any suggestions, ideas, notes, drawings, concepts, or other information you
may send to us through or regarding the Site or Service shall be considered
an uncompensated contribution of intellectual property to us and our
licensors, shall also be deemed our and our licensors’ exclusive
intellectual property, and shall not be subject to any obligation of
confidentiality on our part. By submitting any such materials to us, you
automatically grant (or warrant that the owner of such materials has
expressly granted) to us and our licensors a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, publicly perform and display, create derivative
works from and distribute such materials or incorporate such materials into
any form, medium, or technology now known or later developed, and you
warrant that all so-called "moral rights" in those materials have been
waived, and you warrant that you have the right to make these warranties
and transfers of rights.
29. Links and Frames.
Links to other sites may be provided on the portion of the Site through
which the Service is offered for your convenience. By providing these
links, we are not endorsing, sponsoring or recommending such sites or the
materials disseminated by or services provided by them, and are not
responsible for the materials, services or other situations at or related
to or from any other site, and make no representations concerning the
content of sites listed in any of the Service web pages. Consequently, we
cannot be held responsible for the accuracy, relevancy, copyright
compliance, legality or decency of material contained in sites listed in
any search results or otherwise linked to the Site. For example, if you
"click" on a banner advertisement or a search result, your "click" may take
you off the Site. This may include links from advertisers, sponsors, and
content partners that may use our logo(s) as part of a co-branding
agreement. These other sites may send their own cookies to users, collect
data, solicit personal information, or contain information that you may
find inappropriate or offensive. In addition, advertisers on the Site may
send cookies to users that we do not control. You may link to the home page
of our Site. However, you may not link to other pages of our Site without
our express written permission. You also may not "frame" material on our
Site without our express written permission. We reserve the right to
disable links from any third party sites to the Site.
30. Password and Security.
If you are issued or create any password or other credentials to access the
Service or the portion of the Site through which the Service is offered,
you agree not to give or make available your password or credentials to any
unauthorized individuals, and you agree to be responsible for all actions
taken by anyone to whom you have provided such credentials. If you believe
that your credentials have been lost or stolen or that someone may attempt
to use them to access the Site or Service without your consent, you must
inform us at once at the telephone number provided in Section 9 of the
General Terms above. See also Section 20 of the General Terms above
regarding how the timeliness of your notice impacts your liability for
unauthorized transfers.
We reserve the right to deny access to the Service or reject a transaction
without notice to you if we believe that there is risk of unauthorized,
illegal, or fraudulent activity. You agree that we may, in our sole
discretion, require verification of user identity, in a manner satisfactory
to us, at any time before allowing access or login to the Service or before
authorizing an online transaction. Such verification may be in any form we
determine appropriate and may include, without limitation: (i) verification
by use of your login ID and password; (ii) verification of personal
information contained in our records; (iii) verification by use of correct
response to previously submitted personal questions; (iv) verification by
use of correct response to questions devised from public records and
consumer reporting agencies on subjects only the user likely would have
personal knowledge; (v) verification of online activity by simultaneous
contact through a non-online channel; or (vi) any verification procedure
that we may determine, in our sole discretion as appropriate.
In the event you do not successfully provide the information requested, we
may, at our sole discretion: (i) refuse access to the Service; (ii) refuse
a transaction; (iii) require you to contact us by phone or in person at a
branch for further validation of identity; (iv) cancel the Service; and/or
iv) take any security precautions we deem appropriate to prevent
unauthorized use of the Service or Eligible Linked Account.
31. Remedies.
If we have reason to believe that you have engaged in any of the prohibited
or unauthorized activities described in this Agreement or have otherwise
breached your obligations under this Agreement, we may terminate, suspend
or limit your access to or use of the Site or the Service; notify law
enforcement, regulatory authorities, impacted third parties, and others as
we deem appropriate; refuse to provide our services to you in the future;
and/or take legal action against you. In addition, we, in our sole
discretion, reserve the right to terminate this Agreement, access to the
Site and/or use of the Service for any reason or no reason and at any time.
The remedies contained in this Section 31 of the General Terms are
cumulative and are in addition to the other rights and remedies available
to us under this Agreement, by law or otherwise.
32. Disputes.
In the event of a dispute regarding the Service, you and we agree to
resolve the dispute in accordance with the provision titled “Arbitration”
of our Rules and Regulations.
33. Law and Forum for Disputes.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Illinois and applicable Federal law. To the extent
that the terms of this Agreement conflict with applicable state or federal
law, such state or federal law shall replace such conflicting terms only to
the extent required by law. Unless expressly stated otherwise, all other
terms of this Agreement shall remain in full force and effect. You agree
that any claim or dispute you may have against us (other than those which
must be arbitrated under Section 32 of the General Terms above) must be
resolved by a court located in the county in which you reside. You agree to
submit to the personal jurisdiction of such courts for the purpose of
litigating all claims or disputes unless said claim is submitted to
arbitration under Section 32 of the General Terms of this Agreement. The
United Nations Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement. Both parties agree to waive any right to
have a jury participate in the resolution of any dispute or claim between
the parties or any of their respective Affiliates arising under this
Agreement.
34. Indemnification.
You agree to defend, indemnify and hold harmless us and our Affiliates and
Service Providers and their Affiliates and the employees and contractors of
each of these, from any loss, damage, claim or demand (including attorney’s
fees) made or incurred by any third party due to or arising out of your
breach of this Agreement and/or your use of the Site or the applicable
Service.
35. Release.
You release us and our Affiliates and Service Providers and the employees
and contractors of each of these, from any and all claims, demands and
damages (actual and consequential) of every kind and nature arising out of
or in any way connected with any dispute that may arise between you or one
or more other users of the Site or the applicable Service. In addition, if
applicable to you, you waive California Civil Code §1542, which states that
a general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if not known by him must have materially affected his settlement with
the debtor.
36. No Waiver.
We shall not be deemed to have waived any rights or remedies hereunder
unless such waiver is in writing and signed by one of our authorized
representatives. No delay or omission on our part in exercising any rights
or remedies shall operate as a waiver of such rights or remedies or any
other rights or remedies. A waiver on any one occasion shall not be
construed as a bar or waiver of any rights or remedies on future occasions.
37. Exclusions of Warranties.
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT
GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR
SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS
FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO
YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
38. Limitation of Liability.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE
LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES
AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE
SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT
FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED
PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES
BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY
INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE,
WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET
DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR
SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE
LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR
ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE
EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE
SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND
NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR
SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE
FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE
SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING
IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN
SECTIONS 32 AND 33 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE
DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS
WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR
AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND
SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO
YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO
THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A
MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
39. Complete Agreement, Severability, Captions, and Survival.
You agree that this Agreement is the complete and exclusive statement of
the agreement between us, sets forth the entire understanding between us
and you with respect to the Service and the portion of the Site through
which the Service is offered and supersedes any proposal or prior
agreement, oral or written, and any other communications between us. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
The captions of Sections in this Agreement are for convenience only and
shall not control or affect the meaning or construction of any of the
provisions of this Agreement. Sections 6, 8-10, 15, 22, 23, 28, and 31-39
of the General Terms, as well as any other terms which by their nature
should survive, will survive the termination of this Agreement. If there is
a conflict between the terms of this Agreement and something stated by an
employee or contractor of ours (including but not limited to customer
service personnel), the terms of the Agreement will prevail.
40. Definitions.
-
"ACH Network" means the funds transfer system, governed by the NACHA
Rules, that provides funds transfer services to participating financial
institutions.
-
"Affiliates" are companies related by common ownership or control.
-
"Business Day" is every Monday through Friday, excluding Federal
Reserve holidays or other days that banks are legally closed.
-
"Eligible Transaction Account" is a transaction account from which your
payments will be debited, your Service fees, if any, will be
automatically debited, or to which payments and credits to you will be
credited, that is eligible for the Service. Depending on the Service,
an Eligible Transaction Account may include a checking, money market or
other direct deposit account, credit card account, or debit card
account, including any required routing information.
-
"Payment Instruction" is the information provided for a payment to be
made under the applicable Service, which may be further defined and
described below in connection with a specific Service.
-
"Payment Network" means a debit or credit network (such as the ACH
Network or ACCEL / Exchange payment network) through which funds may be
transferred.
-
"Service Provider" means companies that we have engaged (and their
Affiliates) to render some or all of the Service to you on our behalf.
ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS
1. Description of Service, Authorization and Processing.
-
The term “Transfer Money Terms” means these Account to Account
Transfers Additional Terms. The Account to Account transfer service
(for purposes of these Transfer Money Terms, and the General Terms as
they apply to these Transfer Money Terms, the "Service") enables you to
transfer funds between your Account(s) that you maintain with us on the
one hand, and your Account(s) that are maintained by other financial
institutions, on the other hand. You represent and warrant that you are
either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal
right, power and authority to transfer funds between the Eligible
Transaction Account and the External Account. If you are a joint owner
of the Eligible Transaction Account, External Account, or both, then
you represent and warrant that (i) you have been authorized by all of
the other joint owners to operate such Accounts without their consent
(including without limitation to withdraw or deposit any amount of
funds to such Accounts or to even withdraw all funds from such
Accounts); and (ii) we may act on your instructions regarding such
Accounts without liability to such other joint owners. Further, you
represent and warrant that the External Account is located in the
United States.
-
When we receive a Transfer Instruction from you, you authorize us to
(i) debit your Eligible Transaction Account and remit funds on your
behalf to the External Account designated by you and to debit your
applicable Account as described below in Section 5 of the Transfer
Money Terms (Service Fees and Additional Charges); or, as applicable,
to (ii) credit your Eligible Transaction Account and remit funds on
your behalf from the External Account designated by you and to debit
your applicable Account as described below in Section 5 of the Transfer
Money Terms (Service Fees and Additional Charges). You also authorize
us to reverse a transfer from the applicable Account if the debit is
returned from the other Account in the transaction for any reason,
including but not limited to nonsufficient funds.
-
We will use reasonable efforts to make all your transfers properly.
However, we shall incur no liability if we are unable to complete any
transfers initiated by you because of the existence of any one or more
of the following circumstances:
-
If, through no fault of ours, the Eligible Transaction Account or
External Account does not contain sufficient funds to complete the
transfer or the transfer would exceed the credit limit of your
overdraft account;
-
The Service is not working properly and you know or have been
advised by us about the malfunction before you execute the
transaction;
-
The transfer is refused as described in Section 6 of the Transfer
Money Terms below;
-
You have not provided us with the correct information, including
but not limited to the correct Eligible Transaction Account or
External Account information; and/or,
-
Circumstances beyond our control (such as, but not limited to,
fire, flood, network or system down time, issues with the financial
institution(s), or interference from an outside force) prevent the
proper execution of the transfer and we have taken reasonable
precautions to avoid those circumstances.
-
It is your responsibility to ensure the accuracy of any information
that you enter into the Service, and for informing us as soon as
possible if you become aware that this information is inaccurate. You
may not use a P.O. Box as a postal address. We will make a reasonable
effort to stop or recover a transfer made to the wrong Account once
informed, but we do not guarantee such recovery and will bear no
responsibility or liability for damages resulting from incorrect
information entered by you.
2. Transfer Methods and Amounts.
Section 19 of the General Terms (Payment Methods and Amounts) applies to
the Service, even in circumstances where the External Account is closed and
we are attempting to return funds to such Account.
3. Transfer Cancellation Requests and Refused Transfers.
You may cancel a transfer at any time until it begins processing (as shown
in the Service). We will, to the extent permitted by law, make reasonable
attempts to return any unclaimed, refused, refunded, prohibited, or denied
transfer to your Account that we debited for the funds transfer. If this is
unsuccessful (for example, the Eligible Transaction Account has been
closed) we will make reasonable attempts to otherwise return the funds to
you.
4. Stop Payment Requests.
If you desire to stop any transfer that has already been processed, you
should contact us immediately as set forth in Section 9 of the General
Terms (Notices to You). Your request is subject to the provision titled
“Preauthorized Payments” in the Electronic Funds Transfers section of our
Rules and Regulations. Although we will make a reasonable effort to
accommodate your request, we will have no liability for failing to do so.
We may also require you to present your request in writing within fourteen
(14) days. The charge for each request will be the current charge for such
service as set forth in our current schedule of fees for consumer accounts.
5. Service Fees and Additional Charges.
You are responsible for paying all fees associated with your use of the
Service. Applicable fees will be disclosed in the user interface, or
elsewhere within, the Service or Site. Any applicable fees will be charged
regardless of whether the Service was used, except for fees that are
specifically use-based. Use-based fees for the Service will be charged
against the Account that is debited for the funds transfer. There may also
be charges for additional transactions and other optional services. You
agree to pay such charges and authorize us to deduct the calculated amount
from the applicable Eligible Transaction Account you hold with us or the
Account that is debited for the funds transfer, depending on how such
charges are described in the user interface for the Service. Any financial
fees associated with your standard deposit accounts will continue to apply.
You are responsible for any and all telephone access fees and Internet
service fees that may be assessed by your telephone and Internet service
provider. Section 23 of the General Terms (Failed Or Returned Payment
Instructions) applies if you do not pay our fees and charges for the
Service, including without limitation if we debit the External Account for
such fees, as described in this Section, and there are insufficient fees in
the External Account; Section 23 of the General Terms should be interpreted
as applying to the External Account, not just the Eligible Transaction
Account, in such circumstances.
6. Refused Transfers.
We reserve the right to refuse any transfer. As required by applicable law,
we will notify you promptly if we decide to refuse to transfer funds.
7. Returned Transfers.
In using the Service, you understand transfers may be returned for various
reasons such as, but not limited to, the External Account number is not
valid. We will use reasonable efforts to research and correct the transfer
to the intended Account or void the transfer and credit your Account from
which you attempted to transfer funds. You may receive notification from
us.
8. Definitions
"Account" means a checking or money market that is either an Eligible
Transaction Account or External Account, as applicable.
"Eligible Transaction Account" is as defined in Section 40 of the General
Terms, except that it shall be limited to a checking or money market that
you hold with us.
"External Account" is your account at another financial institution (i) to
which you are transferring funds from your Eligible Transaction Account; or
(ii) from which you are transferring funds to your Eligible Transaction
Account.
"Transfer Instruction" is a specific Payment Instruction (as defined in
Section 40 of the General Terms) that you provide to the Service for a
transfer of funds.
POPMONEY® PAYMENTS SERVICE ADDITIONAL TERMS
1. Description of Service.
-
The term “Popmoney Terms” means these Popmoney Payments Service
Additional Terms. "Popmoney" is a trademark of CashEdge Inc. or its
Affiliates. The Popmoney Service (for purposes of these Popmoney Terms,
and the General Terms as it applies to these Popmoney Terms, the
"Service") enables you: (1) to initiate a Payment Instruction from an
Eligible Transaction Account to an account at a U.S. financial
institution; and/or (2) to receive a payment from another person into
an Eligible Transaction Account, in U.S. dollars. Although the ACH
Network is often used to execute Popmoney Service Payment Instructions
for the Popmoney Service, other Payment Networks may be used to
facilitate the execution and transmission of Payment Instructions. All
payments must be made through the Site and are subject to the terms of
this Agreement and applicable laws and regulations, in each case as in
effect from time to time. Receipt of payments may be made through the
Site and is subject to the terms of this Agreement and applicable laws
and regulations, in each case as in effect from time to time. In some
instances, receipt of payments may be made through www.Popmoney.com
(the "Popmoney Website") and if you choose to initiate or receive a
payment at the Popmoney Website you acknowledge and agree that you
shall be subject to the terms of other agreements, including, but not
limited to, the "terms of use" for the Popmoney Website and applicable
laws and regulations, in each case as in effect from time to time.
2. Payment Authorization and Payment Remittance.
-
By providing us with names and telephone numbers, email addresses,
and/or bank account information of Receivers to whom you wish to direct
payments, you authorize us to follow the Payment Instructions that we
receive through the Service. Once registered, you authorize us to
credit your Eligible Transaction Account for payments remitted to you
on behalf of a Sender without further approval from you.
-
When we receive a Payment Instruction from you, you authorize us to
debit your Eligible Transaction Account for the amount of any such
Payment Instruction plus any related fees in effect (and as disclosed
on the Site) at the time you initiate the Payment Instruction, and to
remit funds on your behalf. You acknowledge and agree that any
applicable fees will be charged when we receive a Payment Instruction
from you, regardless of whether the Payment Instruction is ultimately
completed. You also authorize us to credit your Eligible Transaction
Account for the receipt of payments, including but not limited to those
payments returned to us from Receivers to whom you sent payment(s) and
those payments that were cancelled and returned to you because the
processing of the Payment Instruction could not be completed.
-
You acknowledge and agree that if your Payment Instructions identify an
account by name and account number, the relevant financial institution
may execute those Payment Instructions by reference to the account
number only, even if such account number does not correspond to the
account name. You further acknowledge and agree that financial
institutions holding the account may choose to not investigate
discrepancies between account names and account numbers. We have no
responsibility to investigate discrepancies between account names and
account numbers, outside of our obligations under the law to
investigate errors, described above in Section 27 of the General Terms
(Errors, Questions, and Complaints).
-
You agree that we will not be liable in any way for any payments that
you may receive, regardless of whether you authorized the Sender to
send them to you.
-
We will use reasonable efforts to complete all your Payment
Instructions properly. However, we shall incur no liability if we are
unable to complete any transaction because of the existence of any one
or more of the following circumstances:
-
If, through no fault of ours, the Eligible Transaction Account does
not contain sufficient funds to complete the Payment Instruction or
the Payment Instruction would exceed the credit limit of your
overdraft account;
-
The Service is not working properly and you know or have been
advised by us about the malfunction before you execute the Payment
Instruction;
-
The payment is refused as described in Section 5 of the Popmoney
Terms below;
-
You have not provided us with the correct information, including
but not limited to the correct Payment Instructions or Eligible
Transaction Account information, or the correct name and address or
mobile phone number of the Receiver to whom you are initiating a
Payment Instruction; and/or,
-
Circumstances beyond our control (such as, but not limited to,
fire, flood, network or system down time, issues with the financial
institution, or interference from an outside force) prevent the
proper execution of the Payment Instruction.
-
It is the responsibility of the Sender and the Receiver to ensure the
accuracy of any information that they enter into the Service (including
but not limited to the Payment Instructions and name, telephone number
and/or email address for the Receiver to whom you are attempting to
send a payment), and for informing us as soon as possible if they
become aware that this information is inaccurate. We will make a
reasonable effort to stop or recover a payment made to the wrong person
or entity once informed, but we do not guarantee such stoppage or
recovery and will bear no responsibility or liability for damages
resulting from incorrect information entered by the Sender or Receiver.
3. Initiation of Payment Instructions.
You may initiate (a) a one-time Payment Instruction to a Receiver for which
processing shall be initiated immediately, (b) a one-time Payment
Instruction to a Receiver for which processing shall be initiated at a
later specified date up to one (1) year, and (c) a recurring series of
Payment Instructions to a Receiver for which processing shall be initiated
on the specified dates Further details about each of these options can be
found on the Site.
Payment Instructions initiated to Receivers are processed in two ways. You
can provide all the required information about the Receiver, including
his/her Eligible Transaction Account, necessary to complete a transfer of
funds. Alternatively, you can provide contact information about the
Receiver (including an email address and/or mobile telephone number) and
the Popmoney Service may contact the Receiver and request that the Receiver
(i) provide information so that we may validate the identity of the
Receiver at the Popmoney Website and then (ii) provide Eligible Transaction
Account information in order to complete the Payment Instruction (a
"Two-Step Transfer"). If the Receiver maintains an Eligible Transaction
Account with an institution that participates in or offers the Popmoney
Service, the Receiver may access the Popmoney Service at his or her
financial institution’s website or mobile application to complete the
Payment Instruction and receive the payment.
You understand and agree that when you initiate a Payment Instruction from
an Eligible Transaction Account using the Popmoney Service, the processing
of the Payment Instruction will begin and the debiting of your Eligible
Transaction Account will occur as early as the day of such initiation. The
payment funds will be transferred into the Receiver's Eligible Transaction
Account no earlier than the next Business Day after you initiated the
Payment Instruction. If you request a one-time Payment Instruction to be
initiated on a specified date or a recurring series of Payment Instruction
to be initiated on specified dates, then the processing of the Payment
Instruction will begin on the specified date and the debiting of your
Eligible Transaction Account will occur as early as the specified date(s).
However, the payment funds will be transferred into the Receiver’s Eligible
Transaction Account no earlier than the next Business Day following the
specified date. In addition, in the case of all Two-Step Transfers, the
deposit of the payment funds into the Receiver’s Eligible Transaction
Account (even if debited or withdrawn from your Eligible Transaction
Account) may be delayed if the Receiver has not provided the Popmoney
Service with certain required information such as his or her Eligible
Transaction Account information. The Site may contain additional
information regarding the delivery of a payment to an Eligible Transaction
Account.
You acknowledge and agree that we will begin to process the requested
transfer of funds once the Receiver has provided (or we otherwise obtain)
all required information, and you hereby authorize and direct us to retain
such funds until the earlier of such time as the Receiver has provided (or
we otherwise obtain) all required information or ten (10) Business Days.
You further acknowledge and agree that our receipt of money to be
transmitted to a Receiver shall not be deemed to have occurred and our
obligation to complete a Payment Instruction shall not begin until such
time as the Receiver provides us with (or we otherwise obtain) all required
information necessary to process the related Payment Instruction in
accordance with this Agreement. Any cancellation of a Payment Instruction
prior to the Receiver providing us with such information shall be subject
to the provisions of Section 5 of the Popmoney Terms below.
4. Receiving Payments.
If another person wants to initiate a Payment Instruction (including in
response to a Popmoney Request, if applicable) using the Popmoney Service
to an Eligible Transaction Account you hold or, as applicable, if you as a
Requestor want to initiate a Popmoney Request, he, she or you can do that
from the Site or from an Eligible Transaction Account at a financial
institution that participates in the Popmoney Service or at the Popmoney
Website.
You understand and agree that there may be a delay between the time you are
notified of the pending Payment Instruction and the deposit of the payment
funds into your Eligible Transaction Account, and you may be required to
take additional steps to facilitate the deposit of the payment of funds
into your Eligible Transaction Account. You authorize the Sender, the
financial institution which holds the Sender's Eligible Transaction Account
and us (including through the Site) to send emails to you and text messages
to your mobile phone in connection with the Sender's initiation of Payment
Instructions to you, and, as a Receiver, you may also receive Popmoney
Requests from others through the Service.
You acknowledge and agree that in the event that funds are transferred into
your Eligible Transaction Account as a result of a Payment Instruction and
it is determined that such transfer was improper because it was not
authorized by the sender, because there were not sufficient funds in the
sender's account, or for any other reason, then you hereby authorize us or
our Service Provider to withdraw from your Eligible Transaction Account an
amount equal to the amount of funds improperly transferred to you.
If applicable, if you as a Requestor initiate a Popmoney Request using the
Service you acknowledge and agree that as disclosed on the Site (a) the
applicable service fee will be deducted from payments received by you from
a Sender(s), and (b) no service fee will be charged if you as the Requestor
do not receive any payments from the individuals to whom the Popmoney
Request is sent. Further details about the foregoing can be found on the
Site. You acknowledge and agree that individuals to whom you send a
Popmoney Request may not receive, or otherwise may reject or ignore, your
Popmoney Request. We do not guarantee that you will receive any payments
from individuals by initiating a Popmoney Request.
5. Payment Cancellation, Stop Payment Requests and Refused Payments.
Sender may cancel the initiation of a Payment Instruction or stop a Payment
Instruction at any time until the processing of the Payment Instruction
into the Receiver’s Eligible Transaction Account has begun. Our ability to
stop a Payment Instruction or recover funds associated with an unauthorized
Payment Instruction will depend on the manner in which the Payment
Instruction was initiated, and whether the Payment Instruction to the
Receiver’s Eligible Transaction Account has begun processing. Although we
will make a reasonable effort to accommodate a stop payment request and to
recover funds associated with an unauthorized Payment Instruction, we will
have no liability for failing to do so. We may also require you to present
your stop payment request or request to recover funds in writing within
fourteen (14) days after contacting us. If we charge you to stop the
payment or recover funds, then the charge for each stop payment or fund
recovery request will be the current charge as set forth in our current
schedule of fees for consumer accounts. Payments not claimed by a Receiver
will be automatically cancelled ten (10) days after the processing of the
payment begins. When a Sender initiates a Payment Instruction, the Receiver
is not required to accept the payment. You agree that you as a Sender will
not hold us liable for any damages resulting from a Receiver’s decision to
accept or not to accept a Payment Instruction initiated or attempted
through the Service. We will, to the extent permitted by law, make
reasonable attempts to return any unclaimed, refused, refunded, prohibited,
or denied payment to your Eligible Transaction Account or use other
reasonable efforts to return such payment to you as permitted by law.
6. Mobile Phone Users.
Your phone service provider is not the provider of the Service. Users of
the Service will receive text messages relating to their Payment
Instructions and other notices from time to time if a mobile phone number
is provided. Data and messaging charges from your telecommunications
provider may apply, and you are responsible for any such charges. In the
event your enrolled mobile device is lost or stolen, you agree to update
your enrollment information and make the appropriate changes to disable the
use of such device. You understand that there are risks associated with
using a mobile device, and that in the event of theft or loss, your
confidential information could be compromised. If you have questions about
mobile service, you may send a text message with the word "HELP" to this
number: 767666. To stop receiving text messages on your mobile phone, text
"STOP" to this number: 767666.
7. Service Fees and Additional Charges.
You are responsible for paying all fees associated with your use of the
Service. Applicable fees will be disclosed in the user interface for, or
elsewhere within, the Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE
THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT
INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS
SOLELY DUE TO OUR FAULT, except for those fees that are specifically
use-based, such as Popmoney Request, if applicable. There may be a charge
for additional transactions and other optional services. You agree to pay
such charges and authorize us to deduct the calculated amount from your
designated Eligible Transaction Account for these amounts and any
additional charges that may be incurred by you. Any financial fees
associated with your standard deposit accounts (or Other Eligible
Transaction Accounts) will continue to apply. You are responsible for any
and all telephone access fees and Internet service fees that may be
assessed by your telephone and Internet service provider. Section 23 of the
General Terms (Failed Or Returned Payment Instructions) applies if you do
not pay our fees and charges for the Service, including without limitation
if we debit the Eligible Transaction Account for such fees, as described in
this Section, and there are insufficient fees in the Eligible Transaction
Account.
8. Refused Payments.
We reserve the right to refuse to pay any Receiver. We will attempt to
notify the Sender promptly if we decide to refuse to pay a Receiver
designated by the Sender.
9 Returned Payments.
In using the Service, you understand that Receivers may reject Payment
Instructions or otherwise return payments. We will use reasonable efforts
to complete Payment Instructions initiated through the Service.
10. Definitions.
"Popmoney Request" means functionality that, if provided to you, allows a
Requestor to request that another individual initiate a Payment Instruction
to the Requestor through the Popmoney Service.
"Receiver" is a person or business entity that is sent a Payment
Instruction through the Service.
"Requestor" is a person that requests an individual to initiate a Payment
Instruction through the Popmoney Service.
"Sender" is a person or business entity that sends a Payment Instruction
through the Service.
BILL PAYMENT SERVICE ADDITIONAL TERMS
1. Description of Service.
The term “Bill Payment Terms” means these Bill Payment Service Additional
Terms. The bill payment service (for purposes of these Bill Payment Terms,
and the General Terms as they apply to these Bill Payment Terms, the
"Service") enables you to receive, view, and pay bills from the Site.
2. Payment Scheduling.
The earliest possible Scheduled Payment Date for each Biller will be
designated within the portion of the Site through which the Service is
offered when you are scheduling the payment. Therefore, the Service will
not permit you to select a Scheduled Payment Date any sooner than the
earliest possible Scheduled Payment Date designated for each Biller. When
scheduling payments you must select a Scheduled Payment Date that is no
later than the actual Due Date reflected on your Biller statement unless
the Due Date falls on a non-Business Day. If the actual Due Date falls on a
non-Business Day, you must select a Scheduled Payment Date that is at least
one (1) Business Day before the actual Due Date. Scheduled Payment Dates
must be prior to any late date or grace period. Depending on the method of
payment, your Eligible Transaction Account may be debited prior to the
Scheduled Payment Date. For example, if the selected method of payment is a
draft, the draft arrives earlier than the Scheduled Payment Date due to
expedited delivery by the postal service, and the Biller immediately
deposits the draft, your Eligible Transaction Account may be debited
earlier than the Scheduled Payment Date.
3. The Service Guarantee.
Due to circumstances beyond the control of the Service, particularly delays
in handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service
will bear responsibility for any late payment related charges up to $50.00
should a payment post after its Due Date as long as the payment was
scheduled in accordance with the Section 2 of the Bill Payment Terms above.
4. Payment Authorization and Payment Remittance.
By providing the Service with names and account information of Billers to
whom you wish to direct payments, you authorize the Service to follow the
Payment Instructions that it receives through the Site. In order to process
payments more efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service
to debit your Eligible Transaction Account and remit funds on your behalf
so that the funds arrive as close as reasonably possible to the Scheduled
Payment Date designated by you. You also authorize the Service to credit
your Eligible Transaction Account for payments returned to the Service by
the United States Postal Service or Biller, or payments remitted to you on
behalf of another authorized user of the Service.
The Service will attempt to make all your payments properly. However, the
Service shall incur no liability and any Service Guarantee (as described in
Section 3 of the Bill Payment Terms above) shall be void if the Service is
unable to complete any payments initiated by you because of the existence
of any one or more of the following circumstances:
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If, through no fault of the Service, your Eligible Transaction Account
does not contain sufficient funds to complete the transaction or the
transaction would exceed the credit limit of your overdraft account;
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The payment processing center is not working properly and you know or
have been advised by the Service about the malfunction before you
execute the transaction;
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You have not provided the Service with the correct Eligible Transaction
Account information, or the correct name, address, phone number, or
account information for the Biller; and/or,
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Circumstances beyond control of the Service (such as, but not limited
to, fire, flood, or interference from an outside force) prevent the
proper execution of the transaction and the Service has taken
reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service
causes an incorrect amount of funds to be removed from your Eligible
Transaction Account or causes funds from your Eligible Transaction Account
to be directed to a Biller which does not comply with your Payment
Instructions, the Service shall be responsible for returning the improperly
transferred funds to your Eligible Transaction Account, and for directing
to the proper Biller any previously misdirected transactions, and, if
applicable, for any late payment related charges.
5. Payment Cancellation Requests.
You may cancel or edit any Scheduled Payment (including recurring payments)
by following the directions within the portion of the Site through which
the Service is offered. There is no charge for canceling or editing a
Scheduled Payment. Once the Service has begun processing a payment it
cannot be cancelled or edited, therefore a stop payment request must be
submitted.
6. Stop Payment Requests.
The Service's ability to process a stop payment request will depend on the
payment method and whether or not a check has cleared. The Service may also
not have a reasonable opportunity to act on any stop payment request after
a payment has been processed. If you desire to stop any payment that has
already been processed, If you desire to stop any transfer that has already
been processed, you should contact us immediately as set forth in Section 9
of the General Terms (Notices to Us). Your request is subject to the
provision titled “Preauthorized Payments” in the Electronic Funds Transfers
section of our Rules and Regulations. Although the Service will attempt to
accommodate your request, the Service will have no liability for failing to
do so. The Service may also require you to present your request in writing
within fourteen (14) days. The charge for each stop payment request will be
the current charge for such service as set forth in the current schedule of
fees for consumer accounts.
7. Exception Payments Requests.
Exception Payments may be scheduled through the Service, however Exception
Payments are discouraged and must be scheduled at your own risk. Except as
required by applicable law, in no event shall the Service be liable for any
claims or damages resulting from your scheduling of Exception Payments. The
Service Guarantee (as described in Section 3 above) does not apply to
Exception Payments.
8. Bill Delivery and Presentment.
The Service includes a feature that electronically presents you with
electronic bills from select Billers. Electronic bills may not be available
from all of your Billers. Electronic bills are provided as a convenience
only, and you remain solely responsible for contacting your Billers
directly if you do not receive their statements. In addition, if you elect
to activate one of the Service's electronic bill options, you also agree to
the following:
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Presentation of electronic bills
– You will receive electronic bills from a Biller only if both: (a) you
have designated it in the Service as one of your Billers, and (b) the
Biller has arranged with our Service Provider to deliver electronic
bills. The Service may then present you with electronic bills from that
Biller if either: (1) you affirmatively elect online within the Service
to receive electronic bills from the Biller, or (2) the Biller chooses
to send you electronic bills on a temporary “trial basis.” In either
case, you can elect online within the Service to stop receiving
electronic bills from a Biller. Electing to receive electronic bills,
automatically receiving trial electronic bills, and declining further
elected or trial electronic bills all occur on an individual Biller
basis. The Service does not include an option to prevent ever
participating in the automatic trial electronic bill feature. When
affirmatively electing to receive electronic bills from a particular
Biller, you may be presented with terms from that Biller for your
acceptance. We are not a party to such terms.
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Paper Copies of electronic bills
– If you start receiving electronic bills from a Biller, the Biller may
stop sending you paper or other statements. The ability to receive a
paper copy of your statement(s) is at the sole discretion of the
Biller. Check with the individual Biller regarding your ability to
obtain paper copies of electronic bills on a regular or as-requested
basis.
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Sharing Information with Billers
– You authorize us to share identifying personal information about you
(such as name, address, telephone number, Biller account number) with
companies that you have identified as your Billers and which we have
identified as offering electronic bills for purposes of matching your
identity on the Service’s records and the Biller’s records to (a)
activate your affirmative request for electronic bills, and/or (b)
confirm your eligibility for “trial basis” electronic bills.
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Information held by the Biller.
We are unable to update or change your personal information such as,
but not limited to, name, address, phone numbers and email addresses,
which is held by the Biller. Any changes will require you to contact
the Biller directly. Additionally it is your responsibility to maintain
all usernames and passwords for all electronic Biller sites. You also
agree not to use someone else's information to gain unauthorized access
to another person's bill. We may, at the request of the Biller, provide
to the Biller your email address, service address, or other data
specifically requested by the Biller for purposes of the Biller
matching your identity against its records or informing you about the
Biller’s services and/or bill information.
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Activation.
We will notify the Biller of your request to receive electronic billing
information. The presentment of your first electronic bill may vary
from Biller to Biller and may take up to sixty (60) days, depending on
the billing cycle of each Biller. While your electronic bill feature is
being activated it is your responsibility to keep your accounts
current. Each electronic Biller reserves the right to accept or deny
your request to receive electronic bills.
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Authorization to obtain bill data.
You authorize us to obtain bill data from your Billers that you have
requested to send you electronic bills, and from your Billers that wish
to send you trial electronic bills. For some Billers, you will be asked
to provide us with your user name and password for that Biller. By
providing us with such information, you authorize us to use the
information to obtain your bill data.
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Notification.
We will attempt to present all of your electronic bills promptly. In
addition to notification within the Service, we may send an e-mail
notification to the e-mail address listed for your account. It is your
sole responsibility to ensure that this information is accurate. In the
event you do not receive notification, it is your responsibility to
periodically logon to the Service and check on the delivery of new
electronic bills. The time for notification may vary from Biller to
Biller. You are responsible for ensuring timely payment of all bills.
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Cancellation of electronic bill notification.
The electronic Biller reserves the right to cancel the presentment of
electronic bills at any time. You may cancel electronic bill
presentment at any time. The timeframe for cancellation of your
electronic bill presentment may vary from Biller to Biller. It may take
up to sixty (60) days, depending on the billing cycle of each Biller.
We will notify your electronic Biller(s) as to the change in status of
your account and it is your sole responsibility to make arrangements
for an alternative form of bill delivery. We will not be responsible
for presenting any electronic bills that are already in process at the
time of cancellation.
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Non-Delivery of electronic bill(s).
You agree to hold us harmless should the Biller fail to deliver your
statement(s). You are responsible for ensuring timely payment of all
bills. Copies of previously delivered bills must be requested from the
Biller directly.
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Accuracy and dispute of electronic bill.
We are not responsible for the accuracy of your electronic bill(s). We
are only responsible for presenting the information we receive from the
Biller. Any discrepancies or disputes regarding the accuracy of your
electronic bill summary or detail must be directly addressed and
resolved with the Biller by you.
This Agreement does not alter your liability or obligations that currently
exist between you and your Billers.
9. Disclosure of Account Information to Third Parties.
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account
or the transactions you make in the following situations pursuant to our
Privacy Policy, in addition to the circumstances set forth in Section 20 of
the General Terms (Information Authorization):
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Where it is necessary for completing transactions;
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Where it is necessary for activating additional services;
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In order to verify the existence and condition of your account to a
third party, such as a credit bureau or Biller;
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To a consumer reporting agency for research purposes only;
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In order to comply with a governmental agency or court orders; or,
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If you give us your written permission.
10. Service Fees and Additional Charges.
You are responsible for paying all fees associated with your use of the
Service. Applicable fees will be disclosed in the user interface for, or
elsewhere within, the Service or Site. Any applicable fees will be charged
regardless of whether the Service was used, except for fees that are
specifically use-based. Use-based fees for the Service will be charged
against the Billing Account. There may also be charges for additional
transactions and other optional services. There may be a charge for
additional transactions and other optional services. You agree to pay such
charges and authorize the Service to deduct the calculated amount from your
designated Billing Account. Any financial fees associated with your
standard deposit accounts will continue to apply. Please see our current
schedule of fees for consumer accounts, You are responsible for any and all
telephone access fees and Internet service fees that may be assessed by
your telephone and Internet service provider. Section 18 of the General
Terms (Failed Or Returned Payment Instructions) applies if you do not pay
our fees and charges for the Service, including without limitation if we
debit the Billing Account for such fees, as described in this Section, and
there are insufficient fees in the Billing Account.
11. Biller Limitation.
The Service reserves the right to refuse to pay any Biller to whom you may
direct a payment. As required by applicable law, the Service will notify
you promptly if it decides to refuse to pay a Biller designated by you. as
set forth in Section 13 of the General Terms (Prohibited Payments) or an
Exception Payment under this Agreement.
12. Returned Payments.
In using the Service, you understand that Billers and/or the United States
Postal Service may return payments to the Service for various reasons such
as, but not limited to, Biller's forwarding address expired; Biller account
number is not valid; Biller is unable to locate account; or Biller account
is paid in full. The Service will attempt to research and correct the
returned payment and return it to your Biller, or void the payment and
credit your Eligible Transaction Account. You may receive notification from
the Service.
13. Information Authorization.
In addition to Section 25 of the General Terms (Information Authorization),
you agree that the Service reserves the right to obtain financial
information regarding your account from a Biller or your financial
institution (for example, to resolve payment posting problems or for
verification).
14. Definitions.
"Biller" is the person or entity to which you wish a bill payment to be
directed or is the person or entity from which you receive electronic
bills, as the case may be.
"Billing Account" is the checking account from which all Service fees will
be automatically debited.
"Due Date" is the date reflected on your Biller statement for which the
payment is due, not the late payment date or the date beginning or a date
during any grace period.
"Eligible Transaction Account" is as defined in Section 40 of the General
Terms, except that it shall be limited to an account that you hold with us,
and from which bill payments will be debited.
"Exception Payments" means payments to deposit accounts or brokerage
accounts, payments to settle securities transactions (including, without
limitation, stocks, bonds, securities, futures (forex), options, or an
investment interest in any entity or property).
"Payment Instruction" is as defined in Section 40 of the General Terms, and
is further defined as the information provided by you to the Service for a
bill payment to be made to the Biller (such as, but not limited to, Biller
name, Biller account number, and Scheduled Payment Date).
"Scheduled Payment" is a payment that has been scheduled through the
Service but has not begun processing.
"Scheduled Payment Date" is the day you want your Biller to receive your
bill payment, unless the Scheduled Payment Date falls on a non-Business Day
in which case it will be considered to be the previous Business Day.