INTRODUCTION. In this Deposit Account Agreement and Disclosure,
each and all of the depositors are referred to as "you" and
"your". The Financial Institution is referred to as "we"
"our," and "us." This Deposit Account Agreement
contains the terms and conditions governing certain of your deposit
accounts with us. As used in this document, the term "Agreement"
means this document, the signature card, a rate and fee schedule (the
"Schedule"), Truth in Savings disclosures, a Funds Availability
Policy Disclosure, and an Electronic Funds Transfer Agreement and Disclosure,
if applicable. Each of you signing the signature card for a deposit
account acknowledges receipt of this Agreement, and agrees to the terms
set forth in the Agreement, as amended from time to time. You agree
that we may waive, in our sole discretion, any fee, charge, term, or
condition set forth in this Agreement at the time the Account is opened
or subsequent thereto, on a one-time basis or for any period or duration,
without changing the terms of the Agreement or your obligation to be
bound by the Agreement, and we are not obligated to provide similar
waivers in the future or waive our rights to enforce the terms of this
Agreement.
YOUR ABILITY TO WITHDRAW FUNDS AT BANKWEST
Our policy is to make funds from your cash and check deposits available
to you on first business day following the day we receive your deposit.
Once the funds are available, you can withdraw them in cash and/or we
will use them to pay checks that you have written. For determining the
availability of your deposits, every day is a business day, except Saturdays,
Sundays, and federal holidays. If you make a deposit before 3:00 p.m.
on a business day that we are open, we will consider that day to be
the day of your deposit. However, if you make a deposit after 3:00 p.m.
or on a day we are not open, we will consider that the deposit was made
on the next business day we are open.
Reservation of Right to Hold. In some cases, we will not make
all of the funds that you deposit by check available to you on the same
business day as the day of your deposit. Depending on the type of check
that you deposit, funds may not be available until the fifth business
day after the day of your deposit. The first $100 of your deposit, however,
may be available on the first business day after the day of your deposit.
If we are not going to make all of the funds from your deposit available
on the same business day, we will notify you at the time you make your
deposit. We will also tell you when the funds will be available. If
your deposit is not made directly to one of our employees, or if we
decide to take this action after you have left the premises, we will
mail you the notice by the business day after we receive your deposit.
If you need the funds from a deposit right away, you should ask us when
the funds will be available.
Longer Delays May Apply. We may delay your ability to withdraw
funds deposited by check into your account an additional number of days
for these reasons:
- You deposit checks totaling more than $5,000 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- We believe a check you deposit will not be paid.
- There is an emergency, such as failure of computer or communications
equipment.
We will notify you if we delay your ability to withdraw funds for any
of these reasons, and we will tell you when the funds will be available.
They will generally be available no later than the eleventh business
day after the day of your deposit.
Holds On Other Funds. If we cash a check for you that is drawn
on another financial institution, we may withhold the availability of
a corresponding amount of funds that are already in your account. Those
funds will be available at the time funds from the check we cashed would
have been available if you had deposited it. If we accept for deposit
a check that is drawn on another financial institution, we may make
funds from the deposit available for withdrawal immediately but delay
your availability to withdraw a corresponding amount of funds that you
have on deposit in another account with us. The funds in the other account
would then not be available for withdrawal until the time periods that
are described elsewhere in this disclosure for the type of check that
you deposited.
Special Rules For New Accounts. If you are a new customer, the
following special rules will apply during the first 30 days your account
is open:
Funds from electronic direct deposits to your account will be available
on the day we receive the deposit. Funds from deposits of cash, wire
transfers, and the first $5,000 of a day's total deposits of cashier's,
certified, teller's, traveler's, and federal, state and local government
checks will be available on the first business day after the day of
your deposit if the deposit meets certain conditions. For example, the
checks must be payable to you. The excess over $5,000 will be available
on the ninth business day after the day of your deposit. If your deposit
of these checks (other than a U.S. Treasury check) is not made in person
to one of our employees, the first $5,000.00 will not be available until
the second business day after the day of your deposit.
Funds from deposits of checks drawn on BANKWEST will be available
on the same business day as the day of your deposit.
Funds from all other check deposits will be available not later than
the 5th business day after the day of your deposit.
FEES AND CHARGES. Subject to applicable law, you agree to pay
us the fees and charges shown in the Schedules as are applicable to
your Account or for other services performed by us. You agree the fees
and charges may be changed by us from time to time and authorize us
to charge your account for their payment whether or not each charge
results in an overdraft of your account. Existing and future charges
may be based upon the overall costs of providing account services and
may or may not be based upon the direct cost or expense associated with
providing the particular service involved. The charges may be based
on consideration of profit, competitive position, deterrence of misuse
of account privileges by customers, and the safety and soundness of
the financial institution. We will notify you of the changes, to the
extent required by law.
DEPOSIT RULES. The following terms apply to deposits made to
your Account: (a) Endorsements. You authorize us to accept transfers,
checks, and other items for deposit to your Account if they are made
payable to, or to the order of, any one or more of you, whether or not
they are endorsed by you. You authorize us to supply missing endorsements,
and you warrant that all endorsements are genuine. All checks and other
items deposited to your Account should be endorsed payable to the order
of us for deposit only, followed by your signature and Account number.
All endorsements must appear on the back of the check or other item
within the first 1-1/2 inches from the left side of the item when looking
at it from the front. While we may accept non-conforming endorsements,
you will be responsible for any loss incurred by us due to the delay
in processing or returning the item for payment. (b) Final Payment.
All non-cash items (for example, checks) deposited to your Account are
posted subject to our receipt of final payment by the payor bank. Upon
receipt of final payment, the item becomes a collected item. If final
payment is not received or if any item you have deposited or cashed
is charged back to us for any reason, you authorize us to charge any
of your Accounts, without prior notice and at any time, for the amount
of the returned item, our returned item fee, any interest paid on that
item, and any other fee we pay or incur. We reserve the right to refuse
any item for deposit into your Account. (c) Notice of Stop Payment,
Legal Process, or Setoff. A check received by us before the close
of the banking day may be subject to any stop payment order received,
legal process served upon, or setoff exercised by us. Any knowledge,
notice, stop payment order, legal process, or setoff comes too late
to affect our right or duty to pay a check if it is received after that
time. Additional limitations regarding stop payment orders, the right
of setoff, or other legal process may be found elsewhere in this Agreement.
(d) Direct Deposits. If we offer direct deposit services for
automatic preauthorized deposits to your Account of Social Security
payments or automatic transfers from your other accounts with us, you
must notify us at least thirty (30) days prior to the next scheduled
direct deposit or preauthorized transfer if you wish to cancel the direct
deposit or transfer service. If any amount deposited must be returned
to the government for any reason, you authorize us to deduct the amount
from your Account as provided in (b) above. (e) Crediting of Deposits.
The Funds Availability Policy Disclosure provided to you reflects our
policies relating to the availability of deposited funds.
WITHDRAWAL RULES. The following terms apply to withdrawals from
your Account: (a) Manner of Withdrawal. You may make withdrawals
from your Account in any manner that is permitted by us for the type
of Account that you have opened. Withdrawals by mail will be posted
to your Account as of the day the transaction is processed by us. We
may refuse to accept any check other than standard checks provided by
us, or approved by us in advance. Withdrawals and transfers from your
Account may be restricted as provided in the Agreement, or in the Schedule,
or by applicable law. (b) Withdrawal Restrictions and Overdrafts.
We do not have to allow you to make a withdrawal from your Account if
you don't have sufficient available funds in the Account to cover the
full amount of the withdrawal. If there are available funds to cover
some, but not all, of the withdrawals or other debits (such as charges)
to your Account, we may post those withdrawals or other debits for which
there are sufficient available funds in any order we may choose at our
sole discretion. If there are insufficient available funds to cover
some of the withdrawals or debits presented against your Account, such
items will be handled in accordance with our overdraft procedures or
in accordance with any other agreement you may have with us (such as
an overdraft protection program). Even if we choose to pay one or more
overdrafts, we are not obligated to cover any future overdrafts. We
may determine the balance of your account in connection with determining
whether payment of an item will create an overdraft at any time between
the time we receive the item and the deadline for us to take action
on the item. We are not required to determine your account balance more
than one (1) time during this period. A service charge may be assessed
on any item that will overdraw the available account balance, regardless
of whether we pay or dishonor (return) the item. You agree, immediately
upon notice from us, to deposit funds sufficient to cover any overdraft
plus service charges, if required. We will not be liable for the dishonor
of any item when the dishonor occurs because we setoff a debt against
your account. We also may refuse to allow a withdrawal if there is a
dispute about the Account (unless a court has ordered us to allow the
withdrawal), the Account is garnished or attached, the Account has been
pledged as collateral for a debt, the availability of the funds on deposit
cannot be verified, any required documentation has not been presented,
or you fail to repay an obligation to us on time. (c) Notice Requirements.
Federal regulations require us to retain the right to require you to
give at least seven (7) days notice in writing prior to any intended
withdrawal from a savings, negotiable order of withdrawal ("NOW"),
or money market account. Although we usually pay withdrawals or checks
without notice on these accounts, doing so does not mean that we give
up this right. (d) Postdated Items. You agree that when you write
a check, you will not date the check in the future. If you do and the
check is presented for payment before the date of the check, we may
pay it or return it unpaid. You agree that if we pay the check, the
check will be posted to your Account on the date we pay the check, even
though the posting date is prior to the date of the check. You further
agree that we are not responsible for any loss to you in doing so. We
will not honor a postdated check if we receive advance notice from you
at such a time and in such a manner as to afford us reasonable opportunity
to act. The notice must be in writing, and it must specify the date,
amount, and number of the check, along with the name of the payee. Notices
are effective for the time periods stated under STOP PAYMENT ORDERS.
You agree that we may return a postdated check to the presenter. (e)
Power of Attorney. The person executing a power of attorney will
be referred to as the principal and the person acting for the principal
as the agent. We may refuse to comply with a power of attorney for reasonable
cause, or until we receive an affidavit from the agent stating that
the Power of Attorney presented is a true copy and that, to the best
of the agent's knowledge, the principal is alive and that the relevant
powers of the agent have not been altered or terminated. (f) Signatures.
You authorize us to store and use Signature Card information in any
reasonable form we deem necessary, including any digitized signature
capture process. If you use a facsimile signature or other form of signature,
you agree you shall have the sole responsibility for maintaining security
of the facsimile signature or device by which it is affixed and you
shall bear the entire risk for unauthorized use thereof whether or not
you are negligent. You agree that no facsimile signature we have been
authorized to honor may be considered a forgery or an unauthorized signature,
but that such facsimile signature shall be effective as your signature
or endorsement whether or not you have been negligent. You further agree
to indemnify and hold us harmless from and against any and all loss,
costs, damage, liability, or exposure (including reasonable attorney's
fees) we or you may suffer or incur as a result of the unlawful use,
unauthorized use, or misuse by any person of any such facsimile signature
or the device by which it is affixed. If you use any form of facsimile
signature device, you agree to deliver a sample to us if we request
it. (g) Preauthorized drafts. If you voluntarily give information
about your Account (such as our routing number and your account number)
to a party who is seeking to sell you goods or services, and you do
not physically deliver a check to the party, any debit to your account
initiated by the party to whom you gave the information is deemed authorized
by you. (h) Electronic Check Conversion. You may authorize
a merchant to use your check as a source of account information to initiate
an electronic withdrawal from you account. The merchant uses the
check information, along with the transaction amount, to initiate an
ACH debit transaction. The transaction is electronically transferred
through the ACH system and the funds will be debited directly from your
account and deposited automatically into the merchant's account.
After the information is gathered from the check, the merchant
should mark it void and return it to you. You should sign and
receive a receipt documenting the transaction. A description of
the transaction will appear on you monthly statement from us.
Checks used in these types of transactions will not be returned with
your statement. If you are a consumer and you authorize a merchant to
use your check for this type of transaction, the transfer is governed
by the Electronic Funds Transfer Act and subject to the Electronic Funds
Transfer Agreement and Disclosure. (I) Re-Presented Checks.
A merchant may also re-present a check returned for insufficient
or uncollected funds electronically. The merchant must provide
notice to you, before accepting you check, that your returned check
may be collected electronically. Checks used in these types of
transactions will not be returned with you statement. When a merchant
re-presents a check electronically, that transaction is not covered
by the Electronic Funds Transfer Act. However, if the merchant
charges you a fee as a result of the returned check and the fee is electronically
debited from you account, that transfer will be covered by the Electronic
Funds Transfer Act and subject to the Electronic Funds Transfer Agreement
and Disclosure. (J) Check Legends. We may disregard information
on any check or item other than the signature of the drawer, the identification
of the drawee financial institution and payee, the amount, the endorsements,
and any other information that appears on the MICR line. In addition,
we are not responsible to take action on, or for failure to notify you
of restrictive language placed on checks or other items, including but
not limited to terms such as, "Void after 90 Days," "Paid
in Full," "Two Signatures Required," "Void Over
$100" or similar statements. In accordance with reasonable banking
standards, most checks and other items are processed through automated
processing and, except in limited circumstances and in our discretion,
most items are not individually examined. You agree that we act within
reasonable banking standards by processing most checks and other items
through automated processing systems. We may agree to adhere to extraneous
legends if you notify us of such legends and we have agreed in writing
to honor such legends.
DEPOSIT ACCOUNTS. From time to time, we may offer or you may
open a variety of deposit accounts. Each such account (the "Account")
is subject to the general terms and conditions and any specific terms
and conditions relating to that type of account that may be set forth
in this Agreement. If you open multiple Accounts, you may receive Schedule
information for each Account, but this Agreement will cover all your
Accounts with us. Each of you will be jointly and severally liable to
us for debit balances in the Account, including without limitation overdrafts
and Account charges, and jointly and severally promise to pay, upon
demand, any and all debit balances, all fees and charges, and our reasonable
attorneys' fees and costs and expenses of collection, including but
not limited to those incurred at trial and on any appeal.
DATE ACCOUNT OPENED. If you open an account with us after 3:00
PM on a business day that we are open, we will consider that the transaction
was made at the opening of the next business day for account opening,
effective date and issue date purposes.
SAVINGS ACCOUNTS. If your account is an interest bearing account
and is not a NOW account or time deposit, the following terms may apply.
(a) Transfers and Withdrawals. If your Account is a savings or money
market deposit account, federal law requires that an Account Holder
may make no more than six (6) transfers and/or withdrawals during any
one (1) calendar month or statement cycle (the period from one statement
to the next) or similar period of at least four weeks, to another of
your accounts with us or to a third party by means of a preauthorized
or automatic transfer, or telephonic (including data transmission) agreement,
order or instruction. No more than three (3) of the six (6) transfers
may be made by check (not available on savings accounts), draft, debit
card, or similar order made by you and payable to third parties. If
you exceed more than three (3) such transfers, we need not honor the
item. A "preauthorized transfer" includes any arrangement
by us to pay a third party from your account upon written or oral instruction
(including an order received through an automated clearing house (ACH)
or any arrangement by us to pay a third party from your account at a
predetermined time or on a fixed schedule. (b) Excess Transactions.
In accordance with federal law, if you have more than the allowable
preauthorized transfers or preauthorized checks or drafts (for money
market accounts) in any one period, your Account may be subject to closure
by us and the funds placed in another account that you are eligible
to maintain, or we may take away the transfer and draft capabilities
of the account. In addition to the above preauthorized transfers, you
may make unlimited withdrawals (payments directly to you or transfers
of funds from your Account to any of your other deposit accounts or
loan accounts with us), either in person at our locations, by mail,
messenger, telephone (via check mailed to you), or use of an ATM card
(if applicable).
TIME DEPOSITS. If your Account is a time deposit, you have agreed
to keep the funds on deposit until the maturity of your Account. If
your Account has not matured, any withdrawal of all or part of the funds
from your Account may result in an early withdrawal penalty. We will
consider requests for early withdrawal and, if granted, the penalty
provided in the Schedule will apply. (a) Penalty. The early withdrawal
penalty is calculated as a forfeiture of part of the accrued interest
that has or would be earned on the Account. If your Account has not
yet earned enough interest so that the penalty can be deducted from
earned interest, or if the interest already has been paid, the difference
will be deducted from the principal amount of your Account. For fixed
rate Accounts, we will use the rate in effect for your deposit. (b)
Exceptions. We may let you withdraw money from your Account before
the maturity date without an early withdrawal penalty: (1) when one
or more of you dies or is determined legally incompetent by a court
or other administrative body of competent jurisdiction; or (2) when
the Account is an Individual Retirement Account (IRA) established in
accordance with 26 USC 408 and the money is paid within seven (7) days
after the Account is opened; or (3) when the Account is a Keogh Plan
(Keogh), if you forfeit at least the interest earned on the withdrawn
funds; or (4) if the time deposit is an IRA or Keogh Plan established
pursuant to 26 USC 408 or 26 USC 401, when you reach age 59 ½ or become
disabled; or (5) within an applicable grace period (if any).
INTEREST. If your Account earns interest, the following information
applies: (a) Payment of Interest. We will pay interest at the
annual rate specified on the Schedule, which does not reflect compounding
("Interest Rate"). The Schedule also sets forth the frequency
of interest payments, the frequency of any compounding and crediting,
the interest accrual basis, the balance on which interest will be paid,
and any minimum balance requirements. (b) Minimum Balance Requirements.
The Schedule may specify a minimum balance that you are required to
maintain in your Account. If the minimum balance is not maintained during
a specified period, we, at our option, may not pay interest on your
Account and/or may charge a fee for that period. You should review any
minimum balance requirements on the Schedule. (c) Initial Interest
Rate. The initial interest rate is the current annual rate of interest
that we will pay on the specified balance in your Account. We may pay
interest at different rates, depending on the amount deposited and the
type of depositor (individual, business, non-profit organization, etc.).
(d) Interest Compounding and Crediting. The Schedule will indicate
the interest compounding and crediting frequency for your Account (if
any). Compounding generally means that interest is being accrued on
earned interest. Interest may be compounded more frequently than interest
is credited to your Account. (e) Interest Accrual. We may accrue
interest on your Account more frequently than we pay or credit interest.
The interest that has been calculated, but not paid to the Account,
is called accrued unpaid interest. (f) Changes. We have the right
to change the rates and fees in accordance with the terms of the Schedule.
We also reserve the right to change any other term of this Agreement
at our sole discretion.
BALANCE METHODS. As used in this Agreement, the "average
daily balance" method means " the application of a periodic
rate to the average daily balance in the account for the period, determined
by adding the full amount of principal in the account for each day of
the period and dividing that figure by the number of days in the period."
The "daily balance" method means "the application of
a daily periodic rate to the full amount of principal in the account
each day."
ADDITIONAL ACCOUNT TYPES. This section applies to other deposit
account types:
(a) Formal Trust Account. A Formal Trust Account is an account
held by one or more trustees for the benefit of one or more beneficiaries
according to a written trust agreement. Upon our request, the trustee(s)
will supply to us a copy of any trust agreement covering the account.
We act only as custodian of the trust funds and are under no obligation
to act as a trustee or to inquire as to the powers or duties of the
trustee(s). The trustee(s) and/or any person opening the Account, in
their individual capacity and jointly and severally, agree to indemnify
and hold us harmless from and against any and all loss, costs, damage,
liability, or exposure, including reasonable attorney's fees, we may
suffer or incur arising out of any action or claim by any beneficiary
or other trustee with respect to the authority or actions taken by the
trustee(s) in handling or dealing with the Account.
(b) Uniform Transfer to Minors. If you have established the
account as a custodian for a minor beneficiary under our state version
of the Uniform Transfers to Minors Act or the Uniform Gifts to Minors
Act, your rights and duties are governed by the Act. You will not be
allowed to pledge the account as collateral for any loan to you. Deposits
in the account will be held by us for the exclusive right and benefit
of the minor. The custodian and/or any person opening the Account, in
their individual capacity, agree to indemnify and hold us harmless from
and against any and all loss, costs, damage, liability, or exposure,
including reasonable attorney's fees, we may suffer or incur arising
out of any action or claim by any beneficiary or other custodian with
respect to the authority or actions taken by the custodian in handling
or dealing with the Account.
(c) Agency Account. An Agency Account is an account to which
funds may be deposited and withdrawals made by an Agent designated by
the owner of the funds. An Agent has full authority with regard to the
account but does not have an ownership interest in the account. An Agency
Account is revocable at any time by notifying us in writing. An Agency
designation may be combined with one of the other forms of account ownership.
(d) Business Accounts. If the Account is not owned by a natural
person (a corporation, partnership, limited liability company, sole
proprietorship, unincorporated association, etc.), then the Account
Holder must provide us with evidence to our satisfaction of the authority
of the individuals who sign the signature card to act on behalf of the
Account Holder. On any transactions involving the Account, we may act
on the instructions of the person(s) authorized in the resolutions,
banking agreement, or certificate of authority to act on behalf of the
Account Holder. You agree to notify us in writing of any changes in
the person(s) authorized or the form of ownership. If we receive conflicting
instructions or a dispute arises as to authorization with regard to
the handling of the Account, you agree we may place a hold on the Account
until such conflict or dispute is resolved to our satisfaction and we
will not be liable for dishonored items as a result of such hold.
(e) Fiduciary Accounts. With respect to all fiduciary accounts,
including but not limited to estate accounts, guardianship accounts,
and conservatorship accounts, and the accounts described in subsections
(a) through (c) above, we reserve the right to require such documents
and authorizations as we may deem necessary or appropriate to satisfy
that the person(s) requesting or directing the withdrawal of funds held
in the Account have the authority to withdraw such funds. This applies
at the time of account opening and at all times thereafter.
MULTIPLE-PARTY ACCOUNTS. This section pertains to multiple party accounts:
(a) Joint Account Ownership. An account with two or more Account
Holders is a joint account. Unless you designate otherwise on the Signature
Card, joint Account Holders will be considered joint tenants with right
of survivorship.
(1) Joint Tenants With Right of Survivorship. If your
Account is a joint account with right of survivorship, upon the death
of one of the joint Account Holders, that person's ownership interest
in the Account will immediately pass to the other joint Account Holder(s).
(2) Joint as Tenants in Common. If your Account is a joint
account without right of survivorship, upon the death of one of the
joint Account Holders, that person's proportionate ownership interest
will pass to the estate of the deceased Account Holder.
Each joint Account Holder, without the consent of any other Account Holder,
may, and hereby is authorized by every other joint Account Holder, to
make any transaction permitted under the Agreement, including without
limitation, (1) to withdraw all or any part of the account funds, (2)
to pledge the account funds as collateral to us for any obligation, whether
that of one or more Account Holders or of a third party, (3) to endorse
and deposit checks and other items payable to any joint Account Holder,
(4) to give stop payment orders on any check or item, whether drawn by
that Account Holder or not, and (5) to close the account, with the disbursement
of account proceeds as instructed by the joint Account Holder. Each joint
Account Holder is authorized to act for the other Account Holder(s) and
we may accept orders and instructions regarding the account from any joint
Account Holder. If we believe there to be a dispute between joint Account
Holders or we receive inconsistent instructions from the Account Holders,
we may suspend or close the account, require a court order to act, and/or
require that all joint Account Holders agree in writing to any transaction
concerning the account.
Your obligations under the Agreement are joint and several. This means
that each joint Account Holder is fully and personally obligated under
the terms of the Agreement, including liability for overdrafts and debit
balances as set forth above, irrespective of which joint Account Holder
benefited from the withdrawal. If you establish a joint account without
the signature of the other joint Account Holder(s), you agree to hold
us harmless for our reliance upon your designation of the other joint
Account Holder(s) listed on our documents. Further, the Account is subject
to the right of setoff as set forth below.
(b) Totten Trust Account. A Totten Trust Account is an informal
trust account, reflected on our records, but without a written trust
agreement, where the account is owned by the trustee. The beneficiaries
have no right to any funds in the account during the trustee's lifetime.
As the owner of the account, the trustee may withdraw money from the
account and may, by written direction to us, change the beneficiary
under the account. When the trustee dies, the account is owned by the
named beneficiary or beneficiaries. If the Totten Trust Account is held
by more than one trustee, the trustees will be subject to the rules
pertaining to joint account ownership as set forth above. If there is
no surviving beneficiary upon the death of the last trustee, state law
will determine ownership of the funds in the Account.
(c) P.O.D. Account. A Payable on Death (P.O.D.) Account is an
account payable to the Account Holder during his or her lifetime. As
the owner of the account, you may withdraw money from the Account and
may, by written direction to us, change the P.O.D. payee(s) under the
account. When the Account Holder dies, the account is owned by the surviving
P.O.D. payee(s). If there is more than one surviving P.O.D. payee, the
account shall be paid in equal shares to the surviving P.O.D payee(s).
If the P.O.D. Account is held by more than one person, it is owned as
a multiple-party account with right of survivorship. If there is no
surviving P.O.D. payee upon the death of the last owner, the funds will
belong to the estate of the last Account Holder.
ACCOUNT STATEMENTS. You are responsible for promptly examining
your statement each statement period and reporting any irregularities
to us. The periodic statement will be considered correct for all purposes
and we will not be liable for any payment made and charged to your Account
unless you notify us in writing within certain time limits after the
statement and check images are made available to you. We will not be
liable for any check that is altered or any signature that is forged
unless you notify us within thirty (30) calendar days after the statement
and the altered or forged item(s) image(s) are made available. Also,
we will not be liable for any subsequent items paid, in good faith,
containing an unauthorized signature or alteration by the same wrongdoer
unless you notify us within ten (10) calendar days after the statement
and first altered or forged items images were made available. You must
also report any other Account problem within thirty (30) calendar days
or lose your right to assert the problem against us. If you have requested
us to hold your Account statements, we have the right to mail your statements
if you have not claimed them within thirty (30) calendar days. If we
truncate your checks, you understand that your original checks will
not be returned to you with your statement. You agree that our retention
of checks and/or providing of check images does not alter or waive your
responsibility to examine your statements or change the time limits
for notifying us of any errors.
NOTICES. The following terms apply to notices relating to your
Account. (a) Notice of Amendments. You agree that the terms and
conditions of the Agreement, including without limitation all rates,
fees, and charges, may be amended by us from time to time. We will notify
you of amendments as required by applicable law. Your continued use
of the Account evidences your agreement to any amendment. Notices will
be sent to the most recent address shown on our records for your Account.
Only one notice will be given in the case of joint account holders.
(b) Account Changes. Any account holder or person authorized
to sign on an account is required to notify us in writing if any account
holder or other person authorized to sign on an account dies or is declared
incompetent by a court. It is your responsibility to notify us of any
change in your address or name. We are required to honor items drawn
only on the listed Account name. Further, we are required to attempt
to communicate with you only at the most recent address provided to
us.
ASSIGNABILITY. The account established under this Agreement
is not assignable or transferrable except with our consent. We must
approve any pledge of the Account and any such pledge remains subject
to any right we have under the Agreement and applicable state and federal
law. If ownership is proposed to be transferred, we may require the
Account be closed and a new account opened in the name of the transferee
or pledgee.
STOP PAYMENT ORDERS. Subject to certain limitations, you may
order us to stop payment on any check or other item payable for your
Account, whether drawn by you or any other account holder. The stop
payment request will be effective if we receive the order at such time
and in such manner as to afford us a reasonable opportunity to act upon
the order. The stop payment order is effective for six (6) months, but
it lapses after fourteen (14) calendar days if the original order was
oral and was not confirmed in writing within that period. A stop payment
order may be renewed for an additional six (6) months if renewed during
the effective time period. We will require you to provide the date,
the amount, and the number of the item, together with the name of the
payee. If you give us incorrect information, we will not be liable for
failing to stop payment on the item. Our acceptance of a stop payment
order will not constitute a representation that the item has not already
been paid or that we have a reasonable opportunity to act upon the order.
You may not stop payment on an official, certified, cashier's, or teller's
check issued by us, or request us to stop payment if we have otherwise
become accountable for the item. In addition, you may not stop payment
on checks governed by separate agreement, such as a check guaranty agreement.
Further, you may not stop payment on an item after acceptance of the
item by us.
STALE CHECKS. We reserve the right to pay or dishonor a check
more than six (6) months old without prior notice to you.
ELECTRONIC FUNDS TRANSFER AGREEMENT
AND DISCLOSURES
DORMANT ACCOUNTS. If you have not made a withdrawal from, or
a deposit to, your Account for an extended period of time and we have
been unable to contact you, your Account may be classified by us as
dormant. Subject to applicable law, we will charge a dormant account
fee on the Account, and the Account will be presumed to be abandoned.
In accordance with state law, funds in abandoned accounts will be remitted
to the custody of the applicable state agency, and we will have no further
liability to you for such funds. We reserve the right not to send statements
on accounts we consider dormant, subject to applicable law.
ACCOUNT TERMINATION. We may close your Account at any time.
We will consider your Account closed zero balance. When an interest
bearing account is closed, there may be accrued interest that has not
been credited to the account. In that case, we will pay you the interest
UNLESS we have told you otherwise. Further, for security reasons, we
may require you to close your Account and to open a new account if (a)
there is a change in authorized signers, (b) there has been a forgery
or fraud reported or committed involving your Account, (c) any Account
checks are lost or stolen, (d) you have too may transfers from your
Account, (e) any other provision of our Agreement with you is violated.
If we close your Account, we may send you written notice that the Account
is closed on the date we close the Account. You agree to notify us of
your intention to close your Account, and we hereby reserve the right
to request the notice in writing. After the Account is closed, we have
no obligation to accept deposits or pay any outstanding checks. You
agree to hold us harmless for refusing to honor any check drawn on a
closed account.
RIGHT OF SETOFF. Subject to applicable law, we may exercise
our right of setoff or security interest against any and all of your
Accounts (except IRA, Keogh Plan and Trust Accounts) without notice,
for any liability or debt of any of you, whether joint or individual,
whether direct or contingent, whether now or hereafter existing, and
whether arising from overdrafts, endorsements, guarantees, loans, attachments,
garnishments, levies, attorneys' fees, or other obligations. If the
account is a joint or multiple-party account, each joint or multiple-party
account holder authorizes us to exercise our right of setoff against
any and all Accounts of each account holder.
MISCELLANEOUS PROVISIONS. If you or your Account becomes involved
in any legal proceedings, your use of the Account may be restricted.
We shall be entitled to act upon any legal process served upon us which
we reasonably believe to be binding, with no liability to you for doing
so. You understand that supervisory personnel may randomly monitor customer
service telephone conversations to ensure that you receive accurate,
courteous, and fair treatment. If you ask us to follow instructions
that we believe might expose us to any claim, liability, or damages,
we may refuse to follow your instructions or may require a bond or other
protection, including your agreement to indemnify us. You agree to be
liable to us, to the extent permitted by law, for any loss, costs, or
expenses that we may incur as a result of any dispute or legal proceeding
involving your Account. You authorize us to deduct any such loss, costs,
or expenses from your Account without prior notice to you or to bill
you separately. This obligation includes disputes between you and us
involving your Account and situations where we become involved in disputes
between you and an authorized signer, a joint owner, or a third party
claiming an interest in your Account. It also includes situations where
any action taken on your Account by you, an unauthorized signer, a joint
owner, or a third party causes us to seek the advice of an attorney,
whether or not we actually become involved in a dispute. Any action
by us for reimbursement from you for any costs or expenses may also
be made against your estate, heirs and legal representatives, who shall
be liable for any claims made against and expenses incurred by us. If
a court finds any provision of the Agreement to be invalid or unenforceable,
such finding shall not make the rest of the Agreement invalid or unenforceable.
If feasible, any such offending provision shall be deemed to be modified
to be within the limits of enforceability or validity; however, if the
offending provisions cannot be so modified, it shall be stricken and
all other provisions of the Agreement in all other respects shall remain
valid and enforceable.
PRIVACY POLICY
FINANCIAL INSTITUTION LIABILITY. You agree that if we do not
properly complete a transaction according to the Agreement , we will
not be liable in any event for losses or damages in excess of the amount
of the transaction, and we will not be liable if circumstances beyond
our control prevent the transaction, or the funds in your Account are
or may be subject to legal process or other claim. In no event will
we be liable for consequential damages. In receiving items from you
for withdrawal or deposit, we act only as your agent. You are responsible
for the condition of a check or item when you issue it. If a check or
item is returned or payment is delayed as a result of any writing or
marking that you or a prior endorser placed on the front or back of
the check or item, you will be responsible for any cost and liabilities
associated with such return or delay. We reserve the right to refuse
any item for deposit or to reverse credit for any deposited items or
to charge your Account for items should they become lost in the collection
process.
GOVERNING LAW. This Agreement shall be governed by and construed
in accordance with all applicable federal laws and all applicable substantive
laws of the State of Colorado in which we are located and where you
opened your account. In addition, we are subject to certain federal
and state regulation and local clearing house rules governing the subject
matter of the Agreement. You understand that we must comply with these
laws, regulations, and rules. You agree that if there is any inconsistency
between the terms of the Agreement and any applicable law, regulation,
or rule, the terms of the Agreement will prevail to the extent any such
law, regulation, or rule may be modified by agreement.
SHARING INFORMATION. In addition to situations described elsewhere
in the Deposit Account Agreement and Disclosure or other agreements
related to your Account, we will disclose information about your Account
and transfers and deposits you make when we are required to do so by
statute or by court or governmental agency order, or when you give us
our written direction to do so. Unless specifically prohibited by applicable
state law, we may, in our discretion, disclose information about your
Account and transfers and deposits you make for the purpose of verifying
or completing a transaction or to verify the existence and condition
of your Account. You authorize us to request and obtain one or more
credit reports about you from one or more credit reporting agencies
for the purposes of considering your application for the Account, reviewing
or collecting any Account opened for you, or for any other legitimate
business purpose. You authorize us to disclose information about your
Account to a credit reporting agency if your Account was closed because
you have abused it. Unless otherwise instructed by you, we may also
provide certain other information about you or your Account to our subsidiaries
or affiliates (persons related by common ownership or affiliated by
corporate control) in relation to products or services they may offer.
End of Deposit Account Agreement and Disclosure
