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Your duty to report other errors or problems-In addition to your duty to review your statements for unauthorized signatures,alterations and forgeries,you agree to examine
<br /> 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
<br /> either your+tams-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
<br /> 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
<br /> 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
<br /> Identified in that statement and as between you and us the loss will be entirely yours.
<br /> Errors relating to electronic fund transfers or substitute checks (for consumer accounts only)- For information on errors relating to electronic fund transfers(e.g., on-line,
<br /> 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
<br /> relating to a substitute check you received,refer to your disclosure entitled Substitute Checks and Your Rights.
<br /> 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
<br /> statement in a timely manner is a sign that there may be an issue with your account,such as possible fraud or identity theft.
<br /> DIRECT DEPOSITS-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,
<br /> 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,
<br /> except as prohibited by law We may also use any other legal remedy to recover the amount of our liability
<br /> 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
<br /> 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
<br /> of this account if you fail to comply with the requirements we have imposed within a reasonable time
<br /> In Texas,SETOFF-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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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.
<br /> In Colorado,SETOFF-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
<br /> 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
<br /> 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
<br /> 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.
<br /> 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
<br /> 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
<br /> 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
<br /> 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.
<br /> CHECK PROCESSING-We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items.This means that we do not
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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.
<br /> Using an automated process helps us keep costs down for you and all account holders.
<br /> 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
<br /> require reasonable identification to cash such a check,draft or other instrument We can decide what identification is reasonable under the circumstances and such identification
<br /> may be documentary or physical and may include collecting a thumbprint or fingerprint.
<br /> TRUNCATION,SUBSTITUTE CHECKS,AND OTHER CHECK IMAGES-If you truncate an original check and create a substitute check,or other paper or electronic image of the
<br /> 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
<br /> 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
<br /> for substitute checks.You agree to retain the original check in conformance with our internal policy for retaining original checks You agree to indemnify us for any loss we may incur
<br /> 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
<br /> 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
<br /> original check.
<br /> REMOTELY CREATED CHECKS-Like any standard check or draft,a remotely created check(sometimes called a telecheck,preauthorized draft or demand draft)is a check or
<br /> 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
<br /> 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
<br /> authorized the check or has the owner's name typed or printed on the signature line.
<br /> 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
<br /> 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
<br /> 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
<br /> pay the amount you owe us,and if there are insufficient funds in your account,you still owe us the remaining balance.
<br /> UNLAWFUL INTERNET GAMBLING NOTICE-Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or
<br /> 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
<br /> businesses in connection with the participation by others in unlawful Internet gambling
<br /> ACH AND WIRE TRANSFERS-This agreement is subject to Article 4A of the Uniform Commercial Code-Fund Transfers as adopted in the state in which you have your account
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> not required to give you any notice of the payment order or credit.
<br /> 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
<br /> 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.
<br /> 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
<br /> 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.
<br /> In Colorado, AGENCY(Power of Attorney) DESIGNATION (Single-Party Accounts only)-A single individual is the owner The agent is merely designated to conduct
<br /> transactions on the owner's behalf.The owner does not give up any rights to act on the account,and the agent may not in any manner affect the rights of the owner or beneficiaries,
<br /> if any, other than by withdrawing funds from the account The owner is responsible for any transactions of the agent. We undertake no obligation to monitor transactions to
<br /> determine that they are on the owner's behalf.
<br /> The owner may terminate the agency at any time,and the agency is automatically terminated by the death of the owner.However,we may continue to honor the transactions of the
<br /> agent until: (a)we have received written notice or have actual knowledge of the termination of the agency, and (b)we have a reasonable opportunity to act on that notice or
<br /> knowledge We may refuse to accept the designation of an agent.
<br /> RESTRICTIVE LEGENDS OR INDORSEMENTS-The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive
<br /> 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
<br /> 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,
<br /> 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
<br /> 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.
<br /> ACCOUNT TRANSFER-This account may not be transferred or assigned without our prior written consent.
<br /> INDORSEMENTS-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
<br /> supply any missing indorsement(s)for any item we accept for deposit or collection,and you warrant that all indorsements are genuine.
<br /> ©2019 Wolters Kluwer Financial Services,Inc All rights reserved
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