DEPOSIT ACCOUNT AGREEMENT
This New Account Agreement Disclosure (“Disclosure”) consists of the terms/conditions, regulations and disclosures that apply to any kind of deposit account you have with us. Additionally, any other information on signature cards that you sign, transfer authorizations executed, and any other documents or notices executed and/or issued to establish and maintain your account, will apply to the administration of your account.
The
deposit relationship between you and us is primarily governed by this
Disclosure and the other items mentioned above. But it is also governed by:
·
the
laws of the state of Maryland,
·
the
laws of the United States of America,
·
the
rules and regulations of the Federal Reserve Board and Federal Reserve Banks,
·
the
rules and regulations of any banking supervisory authority that we are subject
to,
·
the
rules and regulations of such organizations such as clearing house
associations,
·
recognized
banking practices and customs,
·
the
Uniform Commercial Code,
·
our
own banking policies,
In
addition to this Disclosure, you have been provided a Fee Schedule and any
other separate items that would be applicable to your account.
In
this Disclosure, the words “you” and “your” mean the depositor. The words “we”, “our” or “us” means the
financial institution. Unless it would
be inconsistent to do so, words and phrases used in this Disclosure should be
construed so that the singular
includes
the plural and the plural includes the singular.
Throughout this Disclosure you will see Transaction Accounts. Transaction Accounts refer to the following products: Statement Savings, Easy Checking, Now/ Checking Account, Blue Ribbon Checking, Blue Ribbon Checking Plus, Blue Ribbon Fifty, and Blue Ribbon Fifty Premium.
YOUR AGREEMENT TO THE
INFORMATION IN THIS DICLOSURE APPLYING TO
YOUR ACCOUNT
When you open a new account with us, the signing of your signature to a signature card indicates your agreement that the information in this Disclosure will apply to your account. In the case of your having an existing account with us when you receive this Disclosure, your action or inaction to allow the account to continue to exist with us will indicate your agreement that the information in this Disclosure will apply to your account.
REQUIRED
IDENTIFICATION
Personal identification is required to open all accounts. Cash back transactions, large cash deposit and withdrawal transactions may require additional verifications. New account customers must provide their social security number or tax ID number on the
W-9 TIN verification forms in accordance with current IRS regulations.
YOUR PROMISE TO PAY
You promise to pay us any charges incurred on this account and agree that we may deduct these charges, when earned, directly from your account balance. These charges may be for services you request which are not listed in this Disclosure or the separate Fee Schedule. You also promise to pay us for any expenses incurred due to attachment, garnishment or levy upon your account. These may also be deducted directly from your account balance. You agree to be jointly and severally liable for any negative balance in your account (“indebtedness”) that would result from charges or overdrafts, whether caused by you or any other person authorized to withdraw from your account. Thus would include cost we incur to collect the amount of the negative balance including, to the extent permitted by law, our reasonable attorneys’ fees. This indebtedness may be charged to any account solely in your name or in your name as well as the name of another or others.
GOVERNING LAW
If any provisions of this Disclosure are found to be in conflict with any federal, state or local law or regulation, those provisions will be nullified to the extent that they are inconsistent with the law or regulation, and the applicable law or regulation will govern. The remainder of this Disclosure will be affected by that law or regulation and will remain in full force.
ORAL
REPRESENTATIONS
If a conflict arises between oral or written information furnished to you and this Disclosure, this Disclosure will prevail.
DEPOSITS
Deposits shall be in currency, checks, drafts or other negotiable instruments acceptable to us. Deposits can be made in person at any of our offices, can be sent to us in the mail or made via night depositary if we have night depositary facilities. We are not responsible for deposits initiated by mail until the bank has received them from the U.S. Post Office. Deposits can be made as frequently as allowed by the rules governing the type of account being deposited into. All items credited to any account or cashed by us are credited or cashed conditionally, subject to final payment to us.
We may charge back to your account, without prior notification, the amounts of any such checks or other items to the extent that the proceeds are not received by us. In this situation, if your account is an interest bearing one, we will adjust the amount of interest you have earned on the account as necessary.
We may, at our discretion, resubmit returned checks and any other items to the drawee or payor for settlement. In addition, you promise to pay any special fees for collecting your deposit. We ask that you accompany deposits with special deposit slips and that you present your passbook, if applicable. We will add your add your deposit to the account’s ledger balance after it is received and entered on our books and records.
By signing the signature card when you open your account with us or continued use of the account after receiving this Disclosure, you have waived any notice of non-payment, dishonor or protest regarding any items credited to or against your deposit account. For example, if a check, which you deposited, is dishonored and returned to us, we do not need to notify you of the dishonor.
We may return all or any portion of a deposit, close an account, or refuse to accept any deposits, whenever we may deem it necessary to do so. If you shall refuse or neglect to receive such returned deposits, they will cease to earn interest, when applicable.
In receiving checks or other items, we act only as your agent for forwarding or transmitting through our correspondents or directly to the institution paying the item, subject to all conditions from time to time imposed by these institutions, and by us. We assume no responsibility beyond the exercise of reasonable care.
We will not be liable for losses arising from the failure, willfulness or negligence of other financial institutions, or for losses in the course of transmission.
CUTOFF FOR
DETERMNING WHEN A DEPOSIT IS CONSIDERED MADE
If we receive your deposit on a weekday before the cutoff time as disclosed to you in our Regulation CC Funds Availability Policy, the deposit will be considered to have been made on that day. If we receive your deposit after the cutoff time on a Sunday or holiday, we will consider the deposit as having been made on the next business day.
NIGHT DEPOSITORY
Deposits made via a night depositary are not considered as having been received until the deposit is removed from the depository. Items placed in the night depositary will be removed from the depository no later than the next business day (does not include Saturdays, Sundays, or holidays). You agree that your use or your agent’s use of the night depositary will be at your sole risk at all times and that our records as to the presence in or absence from the depositary of any envelope or package or the contents thereof shall be conclusive and binding upon you. What we finally credit for currency deposited via night depositary is subject to our count and acceptance.
PROPER ENDORSEMENT
OF ITEMS DEPOSITED
For each check that you cash or deposit, in order to process your deposits as expediently as possible, proper endorsement (include name and account number) of your checks is essential. You agree to place your proper endorsement in the designated space on the reverse side of each check as follows: the endorsement area for you to use is an area on the back of the check that extends 1-1/2 inches from the trailing edge of the check. The trailing edge of the check is the left edge of the check when looking at the check from the front side. All other space on the back of the check is for our use only. Your failure to endorse in this designated 1-1/2 inch area shall make you responsible for any loss resulting from the placement of signatures, stamps, endorsements or any other matter in any area other than the designated area.
When there is more than on accountholder to an account, each one grants to the other full power and authority to endorse for deposit to the account all checks, drafts or other instruments drawn or payable to the order of the other or to the order of both. You also grant to us the authority to endorse for deposit to the account any checks, drafts or other instruments drawn or payable to the order of any or both of the accountholders.
DIRECT DEPOSITS
You can arrange to have certain types of payments from federal and state governments and from other persons or companies deposited directly (electronically) into some of the accounts you have with us. Direct deposits are credited on the day we receive them to those accounts you have previously designated. You can call us to see whether a direct deposit has been made as scheduled and you will see the direct deposit on each regular statement we send you. If, in connection with a direct deposit plan, we deposit any amount into your account which should have been returned to another entity for any reason, you authorize us to deduct this amount from your account or from any other account you have with us, without prior notice, at any time. We also may use any legal remedy to recover the amount of our liability to that entity.
CLEARING YOUR
DEPOSITS
According to current state or federal laws and regulations, we reserve the right to clear checks and other non-cash items you deposit before we make the money available to you. Please see the Regulation CC Funds Availability Policy for details about the availability of deposited funds.
If we do not cash an item for you or allow you to withdraw some or all of the money, it represents before it is paid and it is not paid for any reason, we will charge your account immediately after the unpaid item is returned and, if necessary, require a refund from you.
AUTOMATED
PROCESSING OF ITEMS AND CHECK PRINTING
You recognize that we have adopted automated collection and payment procedures so that we can process the greatest volume of items at the lowest possible cost to all customers. These automated procedures rely primarily on information encoded onto each item in magnetic ink. In recognition of this fact, you agree that in paying or taking an item for collection, we may disregard all information on the item other than the drawers signature, the identity of the drawee bank, the amount of the item and any other information encoded onto the item in magnetic ink according to general banking standards, whether or not that information is consistent with other information on the item. You agree to reimburse us for any loss or expense we incur because you issue or deposit an item containing such extra information.
We provide a service for the purchase and re-order of checks from approved vendors. These checks are issued and used for the purpose of accessing an account. While we do permit the use of an unapproved vendor for the purchase or re-order of accounts checks, we strongly recommend that you rely solely on our check purchasing service since we reserve the right to charge you a fee for problems we have in processing items that were not supplied by our approved vendors.
Our procedures do not provide for the sight examination of items with a face amount below an amount specified. You agree that we are not failing to exercise ordinary care due to these procedures.
LEDGER BALANCE AND
COLLECTED BALANCE
Ledger Balance: This is the total of all credited deposits plus interest paid lass any withdrawals and any miscellaneous charges applied against your account. We use the ledger balance to calculate any interest your account may earn and to decide if your account meets minimum and average balance requirements and, except as described above in the CLEARING YOUR DEPOSITS SECTION, whether withdrawals can be made.
Collected Balance: This is the total of credited cash deposits and non-cash deposits for which the times set in the availability schedules of other banks in the check clearing process have passed, plus interest paid less any withdrawals and service charges and fees imposed. We use the collected balance to place holds on your account.
Restrictive Legends: We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in writing signed by an officer of the financial institution. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000”.
An unpaid check or other item is often returned after the time set by the availability schedules of the other banks in the check clearing process has passed. We will charge your account or obtain a refund for items returned unpaid. We will charge your account or obtain a refund for items returned unpaid, which may, in our discretion, include interest in the CLEARING YOUR DEPOSITS SECTION, even if the item had become included as part of your collected balance before being returned.
WITHDRAWALS
Using forms approved by us, withdrawals can be made from any applicable account subject to our right to verify to our satisfaction the identity of the person seeking the withdrawal and the validity of the request. We ask that withdrawals be made with checks or special withdrawal slips and that you also present your passbook if applicable. We reserve the right to return unpaid any other form of order being used for withdrawal or any order that is incompletely or defectively drawn. Withdrawals from applicable accounts may be made also through an ATM or via an automated clearinghouse (ACH) debit such as an insurance company payment. Withdrawals made from a Certificate before the maturity date may be subject to an early withdrawal penalty.
We are not liable for the non-payment of checks or requested transfers unless your check or transfer is drawn against collected funds that have been credited to your account at the opening of business on the day of presentment. Federal Reserve Regulation CC provides for certain exemptions to the previous sentence. We will not be liable for the non-payment of any checks or requested transfers which result from there being insufficient funds in your account from us deducting special charges or fees as listed in our Fee Schedule or other special charges or fees authorized by this Disclosure.
Checks or requested transfers may be paid by us without inquiry as to the circumstances of issue or application of proceeds. We have no duty to take note of any special memoranda or time limit of payment placed on any check or transfer by you nor shall we be liable for payment of any check or transfer contrary to this.
You understand that any withdrawals may be subject to a service charge as disclosed in the Fee Schedule and you will not attempt to withdraw more than the amount available to you in your account (unless a Line of Credit feature is attached to your account).
Any limits on the amount or frequency of withdrawals from an account are detailed in the Regulation DD Truth in Savings Disclosure. We reserve the right to refuse any withdrawal or transfer, which is for an amount less than any minimum withdrawal amount or exceeds any frequency limitation. If you attempt to repeatedly abuse these limitations, we reserve the right and may be forced to close your account. For purposes of applying this frequency limitation, we will use the date a transaction is completed by us (instead of the date you initiate the transaction).
ATM withdrawals may be limited as stated in the Regulation E and Regulation DD Disclosures.
Notice of Withdrawal: We reserve the right to require at least 7 days written notice before any withdrawal or transfer from an interest bearing account. We will then pay withdrawals requested in accordance with such methods and procedures as to amounts and allotments of funds for such purposes as is required by law. We can only do this if we require the same notice from everyone having accounts of the same kind.
SAVINGS WITHDRAWAL
BY BANK CHECKS
Our bank checks may be issued by mail request as a withdrawal, and at the lobby teller windows during our normal lobby hours. For closeout transactions, the following bank checks must be made payable as the account is titled: corporations, parnerships, formal trusts/guardianships, organizations and estates.
DOMESTIC WIRE
REQUESTS
Requests to wire funds from your accounts must be done in person and require identification by 2:00 p.m. Monday through Friday for same day processing.
We will make reasonable effort to process your wire requests on a same day basis. However, there may be circumstances that prevent the immediate processing of the wire.
OVERDRAFTS
We will, at our sole discretion, process checks presented for payment against insufficient funds either by: (1) paying the check and overdrawing the account; we will then notify you by mail that the account is overdrawn and that the deposit covering the overdraft is immediately due; or (2) returning the check to the party who presented it for payment; we will then advise you by mail that the check has been returned unpaid. In either event, a Non-Sufficient Funds Fee or Overdraft Fee as set forth in the Fee Schedule will be deducted from your account.
Even if we honor withdrawal requests which overdraw the finally collected balance in your account, this will not obligate us to do so in the future.
POST-DATED CHECKS
You agree not to date a check later than the date that you write it. We are not responsible if we charge an otherwise properly payable but post-dated check against your account before the indicated date.
TRANSFERS
Different types of transfers apply to different types of accounts. In some cases, there are limits upon the number of transfers allowed during any monthly statement cycle. This Disclosure and your Regulation DD Truth in Savings Disclosure explain the types of transfers, the accounts where each type is available and the limitations on those transfers. If you do not have the necessary funds in your account to make a full transfer, we will not be required to make that transfer.
By Mail or in Person: Transfers between accounts can be made in person at any of our offices or by sending appropriate withdrawal forms or checks and deposit slips by mail. These can be made between any accounts you have with us and have no frequency or minimum dollar amount limitations.
Pre-authorized Electronic Funds Transfers: These are arranged in advance with us to be made on a certain day of each month or at regular intervals between accounts having the same account ownership. There is no limitation on the dollar amount of these transfers. If these transfers do not involve a third party other than you or us, there is no limitation on the frequency of these transfers. If these transfers do involve transferring funds to a third party, there are limitations as to the frequency of transfers allowed. For this information, see the Regulation E Electronic Funds Transfer Policy.
Overdraft Protection by Automatic Transfers: You must have a statement savings account that is linked to your checking account. You must have completed and filed with us an Automatic Transfer Authorization Card. Transfer amounts will be made in even dollar multiples as set by us. There is no limit on the frequency of these transfers.
Telephone Transfers: You must have completed and filed with us a Telephone Transfer Authorization Form. The accounts that are specified to be transferred between must have identical account ownership. All telephone transfers are subject to final verification satisfactory to us. We can change that verification as we think necessary. You will see verification of your telephone transfer on your monthly statements covering the day it was made. There is no limitation on the dollar amount of these transfers. There are limitations as to the frequency of telephone transfers allowed. For this information, see the Regulation E Electronic Funds Transfer Policy. The effective date of these transfers is determined by the cutoff time in the same manner as for deposits discussed in the Deposits section above.
ATM Transfers: You may transfer via an ATM using your ATM card. These transfers will be between accounts that you specified on your ATM card application. There is no limitation on the dollar amount of these transfers. There may be limitations as to the frequency of ATM transfers allowed. For this information, see the Regulation E Electronic Funds Transfer Disclosure.
FEES
You agree to pay the service fees described in the Regulation DD Truth in Savings Disclosure and Fee Schedule. These fees help us to cover the costs of servicing your account any may be deducted directly from your account without prior notice to you. You also agree to pay any additional fees that are reasonable which we would charge you for services you would request which are not listed in the Fee schedule. We will not be liable if we dishonor checks or other withdrawal orders because the deduction of such fees has left insufficient funds in your account. Please understand that we can change these fees in the future using notifications described in the CHANGE OF TERMS section further on in this Disclosure.
STATEMENTS AND
PASSBOOK ENTRIES
A Statement of account may be sent to you at periodic intervals. The statement will show account activity, balances, fees charged and if applicable, interest rate information. For a passbook account, your passbook will reflect the above information. You should carefully examine the statement when you receive it or the passbook when information is posted to it. If you believe there is an error on the statement or in the passbook or that some unauthorized person has withdrawn funds from the account, you should notify us immediately.
You agree to report to us in writing within 60 days of the day you receive the statement or have information posted to the passbook any error or omission on that statement or in the passbook which does not involve an Electronic Fund Transfer.
Electronic Fund Transfers include all transactions with your ATM Card, all transfers from one of your accounts requested by telephone and all pre-authorized transfers for payments to and from third parties. Special rules cover your duty to examine and report errors and omissions on your monthly statement or in your passbook for Electronic Fund Transfers. They are described in Regulation E Electronic Funds Transfer Policy or in a disclosure given to you when you authorize the type of electronic fund transfer.
On selected types of accounts, we will return the checks shown on the monthly statement or hold them in safekeeping in accordance with your instructions. You agree that a reasonable time for you to examine the statement for errors or omissions and examine the checks to report any unauthorized or forged signatures or alterations on the checks is 60 days after you receive them or they are made available to you. If you do not notify us within this 60 day period, you cannot assert the forgeries or alterations against us via legal proceeding or action even if we are unable to show the loss is due to your failure, and, you cannot assert any other forgeries or alterations by the same perpetrator on items paid by us after the above time period. We lose this protection if we do not exercise due care in paying an item or transfer with a forged signature or alteration unless you fail to notify us of the problem within 60 days of when we sent to you your statement and items.
We will mail statements to the most current address you have provided. If the statements are unclaimed or undeliverable, we can stop sending them until we receive a written request from you, including your proper address, requesting us to commence sending statements again. Photocopies of checks paid on all accounts are available upon request for the past seven years. A fee may be charged for these photocopies.
STOP PAYMENTS
You can request us to stop payment of an authorized payment or check which you have written. You can do this in writing or call us via phone. To do this, you must give us your account number, the check number, date and amount of the check and the name of the payee. If the information given to us is not correct, or if you fail to give us any other reasonable information requested regarding the item, we will not be responsible if we are unable to stop payment. We reserve the right to take up to 24 hours to determine whether a stop payment order can be executed. The order is ineffective, if at the time of its receipt, we have already cashed the items or if we have otherwise become legally obligated for its payment.
Oral requests to stop payment must be confirmed in writing within 14 days or we may no longer honor them. Written and properly confirmed oral requests will be effective for six months, but renewals in writing may be made. You will be charged the applicable fee for the stop payment request at the time of the request. Each renewed stop payment will be treated as a new request and another fee will be charged.
You agree to hold us harmless and indemnify us for any and all expenses and liability which we might incur if we pay an item on which you have requested a stop payment, provided that we have exercised ordinary care. You also agree that if we return any other item drawn by you (or do not make a requested transfer) due to insufficient funds, which situation is caused because we have paid an item (or made a transfer) on which you had requested a stop payment, you will not hold us liable for such action.
A stop payment order will be accepted from any owner of joint account no matter who signed the check and written notification may be sent to all other owners. If you buy a cashier’s check or treasurer’s check from us, you do not have the right to stop payment to a third party. A revocation of a stop payment order is not valid unless in writing and delivered to us. Only the person who originally placed the stop payment order can revoke it.
If we re-credit your account after paying a check over a valid and timely stop payment order, you agree to do two things: (1) you will transfer to us all of your rights against the payee or other holder of the check, and (2) assist us if we take legal action against that person later on.
IF YOU LOSE YOUR
PASSBOOK, ATM CARD,
CERTIFICATE OF DEPOSIT, OR CHECK
If your passbook, ATM card, certificate of deposit, or checks are lost, stolen destroyed or leave your possession without your authorization, you must notify us immediately. We may require evidence, indemnity, security and a waiting period before we issue a new passbook or certificate or permit any withdrawals. Possession of a passbook by someone making a withdrawal will be sufficient evidence to us of that person’s right to withdraw any part of the balance of the account without further inquiry on our part. This means we will not be liable for any payments made to persons presenting a passbook for withdrawals before you have notified us of your loss of the passbook. We are entitled to a reasonable period of time after you notify us of you loss of any item for us to notify our employees. We may require evidence, indemnity, security and a waiting period before we issue a new ATM card, certificate or permit any withdrawals. We are entitled to a reasonable period of time after you notify us of your loss of any item for us to notify our employees. Please refer to the Service Fee Schedule for any applicable fees.
POWERS OF ATTORNEY
We may at our discretion, permit the depositor’s use of a power of attorney, if on our form, for some transactions. A Power of Attorney form must be notarized if it is not executed in the presence of an official of our Institution. If there is more than one account owner, we may require the consent of all account owners to your appointment of an attorney in fact. We may continue to rely upon this power of attorney authorization until we receive: (1) written revocation of the authorization; (2) actual notice of the death of the account owner; or (3) a court order regarding the incompetence of the account owner and appointment of a guardian.
TRANSFERS, PLEDGES,
AND LOANS
You cannot transfer your account, or any money in it without our prior written consent. You may pledge certain accounts as collateral for a loan if you obtain our prior written consent on forms we provide. All owners must sign a pledge on a joint account. The rights of any person pledging an account are subject to our right to charge your accounts for amounts you owe us and which are due. We are not responsible for the validity of any transfer or assignment, even though we consent to it.
IF YOU OWE US MONEY
– RIGHT OF OFFSET
The law gives us the right to offset, in certain instances, your property in our possession, including, but not limited to, deposit accounts. This means that if you ever owe us money as a borrower, guarantor or otherwise, and the obligation or debt becomes due, we have a right under this Disclosure (by which you grant us a security interest in your deposit account) to use the money from your account to pay the debt. We shall have this right even if withdrawing the money results in an interest penalty. Our right to offset is automatic and superior to any claims to the account through right of survivorship. You also acknowledge and agree that this right of offset may be exercised with respect to your property in our possession against any sums you owe to us or our successors.
We also have the right to offset against any of your joint accounts (regardless of who placed the funds in these accounts), at any time without notifying you in advance, to pay any debt which is due that you or any joint tenant owes us. In addition, we also have the right of offset against any of your tenants by the entirety’s accounts to pay any individual debt which is due that you owe us. Further, we also have the right to offset against any of your partnership or joint venture accounts (regardless of who placed the funds in these accounts), for any amount your firm, any partner or any joint venturer owes us.
DORMANT ACCOUNTS
An account is considered dormant if you do not make a deposit or withdrawal for a period of 180 days on transaction accounts (checking, NOW or Money Market accounts) or 2 years for passbook and statement savings accounts. We reserve the right to assess fees against low balance dormant accounts as permitted by law and as stated in our Fee Schedule.
ESCHEATABLE
ACCOUNTS – WHEN THE STATE CLAIMS FUNDS IN YOUR ACCOUNT
Under Maryland law, all funds remaining in an account may become the property of this State, after the account has been dormant for 5 years and notice is sent to the depositor at the depositor’s last known address.
This account will be considered dormant, for the purpose of being escheatable, after five years, if the owner has not: (1) increased or decreased the amount in the account; (2) written to this financial institution about the account; or (3) otherwise indicated an interest in the account as evidenced by a memorandum on file with this financial institution.
DECEDENT ACCOUNTS
If the owner of an account dies and no beneficiaries have been named on the account’s signature contract, letters of administration or a certified copy of the death certificate must be presented to us by the person authorized to make withdrawals before the funds will be released.
If the decedent’s account has a named beneficiary, the beneficiary must present a certified copy of the death certificate, plus proper identification, before funds can be released.
WITHHOLDING ON YOUR
ACCOUNT
Interest earned on your account may be subject to withholding for federal income tax if we receive notice from the IRS or you fail to provide us with your correct taxpayer ID number.
CLOSING YOUR
ACCOUNT
You can close your account by withdrawing all collected funds. Any checks or deposits that are uncollected will cause a delay in closing your account. Any items submitted to us for payment after the account is closed will be returned unpaid. We may deduct an early closing fee if it is mentioned in the Regulation DD Truth in Savings Disclosure or Service Fee Schedule given to you with this Disclosure. We also can close your account, for any reason, if we choose to. If we do this, we will mail to you at your last address shown on our records a notice and check for the final ledger balance. Notice to any accountholder will be considered notice to all accountholders. When we refuse to accept deposits or credits to the account, we will not be liable to you for doing so. Should an account be closed at any time by the withdrawal of the balance of the account and later reopened, the reopened account will be subject to all terms and conditions in this Disclosure.
ACCOUNT OBLIGATIONS
AND FEES
You agree to pay us nay fees and charges incurred on this account and agree that we may deduct these charges, when due, directly from your account balance without prior notice to you. Fees for frequently requested services are found in our Service Fee Schedule and Regulation DD Disclosure. These charges may be services you request which are not listed in this Disclosure or the separate Service Fee Schedule. You also promise to pay us for any expenses incurred due to attachment, garnishment, levy, subpoenas or legal claims related to your account. These may also directly from you account balance. You agree to be jointly and severally liable for any negative balance in your account. (“indebtedness”) that would result from charges or overdrafts, whether caused by you or any other person authorized to withdraw from your account. This would include cost we incur to collect the amount of the negative balance including our reasonable attorney’s fees and costs. This indebtedness may be charged to any account solely in your name or in your name as well as the name of another or others. We will not be liable if we dishonor checks or other withdrawal orders because the deduction of such fees has left insufficient funds in your account. We can change these fees in the future by using notification procedures as described in the CHANGE OF TERMS section of this Disclosure.
PRIVACY
We will disclose information about your account as follow: (1) where it is necessary to complete a transaction; (2) to verify the existence and standing of your account at the request of a third party, such as a credit bureau or merchant; (3) to comply with government agency or court orders; or (4) in accordance with your written permission or legal representative’s permission.
We may disclose your personal information to select nonaffiliated third-party companies, as described in our Privacy Protection Notice, that offer financial products or services we believe you may find valuable. You have the right to direct us not to disclose your personal information to nonaffiliated third parties. Refer to our Privacy Disclosure’s Opt Out notice.
LEGAL CONTROVERSIES
INVOLVING YOUR ACCOUNT
If we are served with legal process in any judicial proceedings, or we receive any other notice of an adverse claim against your account, we may suspend payment of the account when we believe it to be affected by these happenings until final determination of the legal process or other notice of adverse claim, or receipt of a court order issued by a court of competent jurisdiction. We are not liable to you for damages caused to you by reason of us incorrectly suspending payment due to inadvertence, error caused by similarity of names of accountholders, or any other mistake, as long as we have acted in good faith and mailed within a reasonable time written notice of the action taken by us. This notice would be mailed to you at the last address appearing on our records.
OTHER LEGAL
PROCEEDINGS
If your account is garnished, or otherwise subject to levy by lawful legal action, we will not be liable to you for any sums we may be required to pay because of such garnishment or lawful legal action.
REIMBURSING US FOR
EXPENSES
You agree that if we incur any expense due to any of the above situations in LEGAL CONTROVERSIES or OTHER LEGAL PROCEEDINGS, or incur any expense due to an attachment, garnishment, or levy upon your account, you will reimburse us for these expenses or we may charge any portions of these expenses to your account. You will also reimburse us or allow us to charge the expenses to your account for any expenses we incur if we have to file a lawsuit to collect money due to us because of transactions on your account, or to see that you do what you have agreed to do in this Disclosure. These expenses include, but are not limited to; any applicable fees listed in our Fee Schedule or court costs and attorney fees.
INDEMNITY
If you ask us to follow instructions which we believe expose us to potential liability under the law, we may refuse to follow your instructions or may require a bond or other protection, such as your promise to protect us against any claims (indemnify), satisfactory to us, before following the instructions.
GIFTS
We may disregard any claim of gift relating to your account unless we receive written instructions from you during your lifetime directing us to transfer your account to another person. If ownership is to be transferred, we may require that the account be closed and reestablished, using a new account number. No gift of all or part of your account in anticipation of death shall prevent us, after your death, from discharging ourselves of all liability by payment to your personal representative, whether or not we have notice of such a gift.
MAILING
ADDRESS/CHANGE OF ADDRESS
The address of record that we have for you in our records is conclusively deemed correct for the purposes of mailing statements and any other correspondence to you. It is very important that you notify us immediately, in writing, if you change your address. Other verification may be required as deemed necessary by the Bank.
CHANGE OF TERMS
We can change the terms of this Disclosure and the services and products we provide, at any time, for any reason. We can also change any of the fees we impose, as detailed in the Fee Schedule at any time, for any reason. If we do either of these, we will notify you by mail. We will provide the kind of notice required by law or regulation before the amendment becomes effective. Otherwise, the change will be effective when we specify. You understand that if you make a deposit or withdrawal from your account after the proper notification period you are agreeing to the changed terms and/or fees.
We also may enact such other rules and regulations, from time to time, as are customary in the conduct of the banking business or are in our judgement, necessary for the protection of the depositors of our financial institution. Our deposit agreement with you may also be changed without notice to the extent permissible in complying with any law or regulation of any appropriate banking regulatory authority.
We reserve the right to waive the enforcement of any of the terms of this Disclosure with respect to any transaction or series of transactions. Any such waiver will not affect our right to enforce any of our rights with respect to other customers, or to enforce any of our rights with respect to later transactions with you. The fact that we, on any given occasion, may enforce or waive similar rights in the future, nor will this be sufficient to modify the terms and conditions in this Disclosure.