TERMS AND CONDITIONS
OF YOUR ACCOUNT
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding
of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that
identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow
us to identify you. We may also ask to see your driver’s license or other identifying documents.
AGREEMENT - This document, along with any other documents we give you pertaining to your account(s), is a contract (also referred to as
“this agreement”) that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If
you open the account (whether in-person, electronically, or by any other method permitted by us) or continue to use the account after
receiving a notice of change or amendment, you agree to these rules. You will receive a separate schedule of rates, qualifying balances,
and fees if they are not included in this agreement. If you have any questions, please ask us.
This agreement is subject to applicable federal laws, the laws of the state of New York and other applicable rules such as the operating
letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary
such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be
reproduced here. The purpose of this agreement is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
(4) give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and
effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature
card for your account or in some other document. Nothing in this agreement is intended to vary our duty to act in good faith and with
ordinary care when required by law.
As used in this agreement the words “we,” “our,” and “us” mean the financial institution and the words “you” and “your” mean the account
holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this
agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an
organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the
laws generally applicable to that type of organization. The headings in this agreement are for convenience or reference only and will not
govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this agreement should be
construed so the singular includes the plural and the plural includes the singular.
ARBITRATION - Any dispute arising out of or relating to this Agreement, or any alleged breach thereof, shall be resolved by final and
binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be
conducted in the state of New York by a single arbitrator who is experienced in banking law and agreed upon by the parties. A judgment
based upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this
account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as
accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts,
whether caused by you or another with access to this account. This liability is due immediately, and we can deduct any amounts deposited
into the account and apply those amounts to the shortage. You have no right to defer payment of this liability, and you are liable regardless
of whether you signed the item or benefited from the charge or overdraft.
You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of
collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner;
you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a
third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved
in the dispute. All costs and attorneys’ fees can be deducted from your account when they are incurred, without notice to you.
DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items
drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of
indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items
that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item
deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly
forged, unauthorized or missing indorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our
judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in
attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in,
foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or
outside depository until we actually record them. If you deliver a deposit to us and you will not be present when the deposit is counted, you
must provide us an itemized list of the deposit (deposit slip). To process the deposit, we will verify and record the deposit, and credit the
deposit to the account. If there are any discrepancies between the amounts shown on the itemized list of the deposit and the amount we
determine to be the actual deposit, we will notify you of the discrepancy. You will be entitled to credit only for the actual deposit as
determined by us, regardless of what is stated on the itemized deposit slip. We will treat and record all transactions received after our “daily
cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that
we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit,
we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.
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