Stake Consumer Deposit Account Agreement
Please read this Stake Deposit Account Agreement (the“Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the interest-bearing demand deposit account (the “Account”) made available to eligible customers of Stake Network, Inc. (“Program Partner”) by Blue Ridge Bank, N.A. (the “Bank”).
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,”it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION6 OF THIS AGREEMENT.
1 Account Overview
1.1 How to Contact Us
You may contact us with any questions or concerns regarding your Account. All communication between you and us will be handled by theProgram Partner. The best way to contact us is through live chat support via the Online Banking Services (see Section 1.3). You may also contact us by text message at 917-909-4941 or by email at firstname.lastname@example.org.
1.2 Type of Account and Eligibility
The Account is an interest-bearing demand deposit account used to hold your deposits and make certain types of payments and transfers. The Account is available to UnitedStates citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, and all U.S. territories, who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO),and have a valid Social Security Number or Tax Identification Number. TheAccount is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.
We may decline to open an Account for any reason at the sole discretion of the Bank or Program Partner. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.
1.2.1 Account Tiers
The Program Partner offers two (2) types of Account Tiers: Tier1 and Tier 2.
Tier designation is in the Program Partner’s sole discretion, based on various factors, such your monthly rent cost.
The Tier that you are placed in may affect your transaction limitations as set forth in this Agreement. Unless otherwise stated in thisAgreement, all terms contained in this Agreement apply equally to both Tiers.
1.3 Online or Mobile Access To Your Account
When you open an Account, you will also be enrolled in an online banking service or mobile application (collectively, “Online BankingServices”) offered by the Program Partner that you can use to access your Account, view information about your Account and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Account. If you cancel your enrollment in theOnline Banking Services at any time, we may close your Account (see Section 3.10 below).
1.4 Paperless Account
To open an Account, you must agree to go “paperless.” This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to ourConsent to Electronic Disclosures available at https://www.stake.rent/disclosures/consent-to-electronic-disclosures.
1.5 Titling and Ownership of Accounts
The Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors(UTMA) account or a Payable-On-Death (POD) account.
1.6 Authorized Users
You may be given the ability to designate additional individuals (“Authorized Users”) whom you authorize to access your Account and/or conduct transactions through your Account. By establishing an AuthorizedUser, you understand that any transaction authorization, instruction or any other action concerning your Account that your Authorized User engages in shall be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to yourAccount by notifying us by email at email@example.com. We also reserve the right to terminate your Authorized User’s access to the Account for any reason and without advance notice.
1.7 How To Open an Account
You may open an Account by downloading the Stake mobile application from the Apple App Store or Google Play Store and following the instructions within the application.
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 identifying each person who opens an Account, including any Authorized Users who may access an Account. This means that when you open an Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may ask to see identifying documents, such as a driver’s license.
1.8 Minimum Deposits and Balances
There is no minimum deposit required to open an Account and no minimum balance you need to maintain in your Account.
1.9 Interest Disclosures
The interest rate on your account is 2.30% with an annual percentage yield of 2.32%. Your interest rate and annual percentage yield may change. The interest rate on your account is variable and equal to the upper bound of the federal funds rate target range as established by the Federal OpenMarket Committee of the Federal Reserve minus a margin of 0.20%.
Interest on your account will be compounded and credited on a monthly basis. If you close your Account, you will receive any interest that has accrued as of the date your Account is closed.
We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate equal to 1/365 of theInterest Rate to the collected balance in the account each day. Interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited.
1.10 Power of Attorney and Attorneys-In-Fact
We may allow you to give another person (known as an “attorney-in-fact”)power of attorney to act on your behalf for your Account. You must obtain written approval from us before we will honor any power of attorney. Email us at firstname.lastname@example.org for approval if you plan to create a power of attorney. Please be aware that it may take up to two (2)weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (1) we receive a written revocation from you; (2) we are notified that you or your attorney-in-fact have died or become incapacitated; or (3) we terminate our acceptance of the power of attorney. We may terminate our acceptance at any time, for any reason and without notice to you, and you agree not to hold us liable for any damages that may result from such action. You also agree to hold us harmless for any actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed.
1.11 Death or Incapacitation
You agree that if we receive notification or if we have reason to believe that you have died or become legally incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identify of your successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice.
1.12 Our Relationship With You
By opening an Account, we are establishing an Account relationship with you and committing to act in good faith and to the exercise of ordinary care in in our dealings with you as defined by the UniformCommercial Code as adopted by the Commonwealth of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
1.13 Third-Party Service Providers
Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Account or the transactions you make:
▪ To verify your identity and determine if we should open anAccount for you using services provided to us by third parties.
▪ Where it is necessary for completing a transaction.
▪ To verify the existence and condition of your Account for a third party such as a credit bureau or merchant.
▪ To comply with government agency or court orders.
▪ If you give us your written permission to share your information.
1.15 Cell Phone Communications
By providing us with your cellular phone or other wireless device number, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
1.16 Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
2. Your Account Responsibilities
We strive to keep yourAccount secure and provide you with tools and services to help you manage yourAccount. However, there are certain things you should do to protect yourAccount and your funds.
2.1 Notify Us If Your Information Changes
You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
2.2 Keep Track of Your Transactions and Available Balance
It is important that you keep track of your transactions and the funds in your Account that are available for you to use (“AvailableBalance”) by reviewing your transaction history. It is also important to understand that your Available Balance may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Section 4.7 for information concerning errors and unauthorized activity.
2.3 Protect Your Account Information
It is important that you protect your Account information to prevent unauthorized transactions and fraud. Keep your Account number, debit card, ATM card and statements secure at all times, and be careful about who you share this information with. If the Program Partner provides you with access toOnline Banking Services, make sure to also keep your computer or mobile device secure at all times and avoid accessing the Online Banking Services when otherscan see your screen.
If your Account number, debit card, ATM card, mobile device or Online Banking Services login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to Section 4.6 for information and applicable deadlines for notifying us of losses or theft.
3 General Rules Governing Your Account
You understand that any payment instruction or activity performed using any Online Banking Services provided to you by the Program Partner shall be deemed authorized by you and valid and we are under no obligation to investigate the instruction or activity.
3.1 Deposits Into Your Account
You may make deposits into your Account using any of these methods described below. We do not charge you any fees for making deposits.
* The recipient’s name on any direct deposit or ACH transfer must match the name on the Account or the deposit may be returned to the originator or rejected.
** You may transfer funds between your Account and another bank account. The connected bank account must be located in the United States.
We do not accept cash deposits by mail, or paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
▪ Cash: We do not accept cash deposits made by mail. If you mail us a cash deposit, we will send the cash back to you.
▪ Paper Checks: If you mail a paper check to us, including personal checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Account or send the check back to you.
▪ Foreign Currency: We do not accept any deposits in foreign currency. Any deposits received in foreign currency, whether in the form of cash or check, will be sent back to you.
We will send all items back to the address we have for you and we are not liable if you do not receive the items.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject toany lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section 3.2.
3.2 Our Funds Availability Policy
It is our policy to make deposits made to your Account each business day available for withdrawal according to the table below. The end of the business day is referred to as the “deposit cut-off time”. If you make a deposit before our cut-off time 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 our cut-off time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
3.3 Problems that Could Occur With Deposits
If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn. Please refer to Section 3.9 concerning overdrafts for more information.
3.4 Withdrawals From Your Account
You may withdraw funds up to the amount of your AvailableBalance in your Account using any of the following methods, and subject to the following limits:
If you have been issued a debit card or ATM card for your Account, there may also be limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any applicable limitations and other terms.
You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.
3.5 Transfers To or From Connected Bank Accounts
You may be provided with the ability to connect another bank account you have with another financial institution (“connected bank account”)to your Account with us to make inbound and outbound ACH transfers between the connected bank account and your Account through the Online Banking Services. An“inbound transfer” moves funds into your Account from a connected bank account. An “outbound transfer” moves funds from your Account to a linked bank account.
For inbound transfers, we will debit your connected bank account and credit your Account with us on the next business day after you initiate the transfer. The funds you transfer to your Account will be made available to you by the fifth (5th) business day after the funds have been credited to your Account.
For outbound transfers, we will debit your Account with us and credit your connected bank account on the next business day after you initiate the transfer. The financial institution that holds your connected bank account determines when those funds will be made available to you in your connected bank account.
The cut-off time for both inbound and outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day that we are open.
There are limits to the dollar amount of both outbound transfers you can make. Please see sections 3.1 and 3.4 for relevant limitations.
You agree that you will only attempt to connect a bank account for which you have the authority to transfer funds. You also agree to indemnify and hold us harmless from any claims by any person related to the connected bank account, including any other owner of the connected bank account. You may only connect a bank account that is a deposit account, such asa checking, savings or money market account.
3.6 No Illegal Activity, Internet Gambling and Right to Refuse Transactions
You must not use your Account for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion.
3.7 How We Post Transactions to Your Account and DetermineYour Available Balance
3.7.1 Posting Overview
To understand how we post transactions to your Account, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Account at any given time that is available for you to use. Your ledger balance is the balance in your Account at the beginning of the day after we have posted all transactions to your Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
▪ Credit and debit – A credit increases your balance and a debit decreases your balance.
▪ Post or posted – Transactions that are paid from or deposited to your Account. Posted transactions will either increase or decrease both your Available Balance and your ledger balance.
▪ Pending – Transactions that we receive notice of and arescheduled to post to your Account. Pending transactions affect your AvailableBalance, but not your ledger balance.
▪ Card authorization and settlement – When you use a debit card to make a purchase, the transaction occurs in two steps: card authorization and settlement. Card authorizations reduce your Available Balance, but not your ledger balance. Settlement reduces both your Available Balance and your ledger balance. Card authorizations are removed when settlement occurs or after a certain number of days have passed, whichever is sooner. Please see Section 3.7.4 for more information about card authorizations and settlement.
3.7.2 Posting Order
We receive transactions throughout the day and post them toyour Account as they are received and in the order that they are received. Notethat for debit card transactions, we consider the transaction received when themerchant requests settlement, which may occur several days after you authorizethe transaction. See Section 3.7.4 for additional information concerning howdebit card transactions are processed.
We may change the order in which we post transactions toyour Account at our discretion and without notice to you. It is thereforeimportant for you to keep track of the deposits you make and the transactionsyou authorize to make sure there are sufficient funds in your Account to coverall transactions and any applicable fees.
3.7.3 Determining Your Available Balance
To determine your Available Balance, we start with yourledger balance at the beginning of the business day, add any pending credits ordeposits that we make available to you, and subtract any card authorizationsand pending debits. All transactions are debited or credited from yourAvailable Balance in the order received.
You may check your Available Balance through the OnlineBanking Services. Keep in mind that your Available Balance may not reflectevery transaction you have initiated or previously authorized. For example,your Available Balance may not include transactions you have authorized that wehave not received.
3.7.4 Debit Card Authorizations
If you are issued a debit card with your Account, you will be able to use your card to pay for goods or services or conduct other transactions with a merchant. When you engage in a transaction with a merchant using your debit card, the merchant will request preauthorization (“card authorization”) for the transaction. If there are sufficient available funds in your Account, we will approve the request and reduce your Available Balance for as long as the card authorization remains on your Account.
Your Available Balance will generally be reduced by the amount of the card authorization. If you use your card at a restaurant, yourAvailable Balance may be reduced by the amount of the card authorization plus up to an additional twenty percent (20%) of that amount, to account for potential tipping.
The card authorization will remain on your Account until the merchant sends us the final amount of the transaction and requests payment(“settlement”). In most cases, if the merchant does not request settlement, or the merchant is delayed in requesting settlement, the card authorization will automatically be removed after three (3) days. However, for certain merchants such as hotels and rental car companies, it may take up to thirty (30) days for the card authorization to be removed.
It is important to understand that the merchant controls the timing of card authorizations or settlement. A merchant may request settlement after the card authorization has been removed from your Account. This means that if you use the funds in your Account after the card authorization has been removed and the merchant later requests settlement, your Account may become overdrawn. A merchant may also request settlement for an amount that is different than the card authorization. Therefore, it is important that you keep track of your transactions and your balance. Once we have approved a card authorization, we cannot stop the transaction and you will be responsible for repaying any negative balance that may occur.
Statements will periodically be provided to you via theOnline Banking Services if your Account is not inactive. You will receive a statement monthly if you have transactions on your Account during the statement period. If there were no transactions on your Account, we will provide you statements at least quarterly. You will not receive paper statements.
3.9 Overdrafts, Nonsufficient Funds and Negative Balances
We do not permit you to overdraw your Account. If theAvailable Balance in your Account is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Account can still go into the negative, such as if a deposit you make is returned. You must make a deposit immediately to cover any negative balance. If your Account has a negative balance for sixty (60) calendar days or more, we may close yourAccount.
3.10 Closing Your Account and Account Suspensions
You can close your Account at any time and for any reason by emailing an account closure request to email@example.com. We reserve the right to refuse your request if you have a negative balance on your Account. We recommend that you transfer or withdraw any funds you may have in the Account prior to submitting a request to close the Account to avoid delays in receiving your funds.
We may also suspend or close your account, or suspend or disable any service or feature of your Account, at our discretion with or without notice. This includes if we believe you are using your Account for fraudulent or illegal purposes or in violation of law or regulation, thisAgreement, any other agreement you may have with us or Unit, if multiple transactions are returned on your Account, or if you otherwise present undue risk to us or Unit. We may also close your Account if you have not made any deposits or withdrawals from your Account in over twelve (12) months. In addition, cancelling your enrollment in the Online Banking Services with theProgram Partner will result in our closure of the Account and return of your funds. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.
If your Account is closed with a balance greater than $1.00, we will return any funds you may have in the Account to you by ACH transfer to another bank account or by paper check. We reserve the right not to return the funds to you if the balance in your Account is $1.00 or less. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
3.11 Dormancy, Inactivity and Unclaimed Property
State law and our policy govern when your Account isconsidered dormant. Your Account is usually considered dormant if you have notaccessed your Account, communicated to us about your Account or otherwise shownan interest in your Account within the period of time specified underapplicable law. Each state has varying laws as to when an account becomesdormant, and we may be required to send the balance in your Account if itbecomes dormant to the state of your last known address. We will makereasonable efforts to contact you if required by applicable law beforetransferring the remaining balance of your Account to the applicable state.After we surrender the funds to the state, you must apply to the appropriatestate agency to reclaim your funds. You can avoid the surrender of your fundsby simply conducting transactions, contacting us about your Account or replyingto any abandoned property notices we may provide to you.
We may also place your Account in an inactive status if youhave not had any transaction for at least six (6) months. If your Accountbecomes inactive, you may not receive statements or be able to conduct certaintransactions. Inactive Accounts must be reactivated. Contact us by email at firstname.lastname@example.org to reactivate your Account.
3.12 Account Fees and Fee Schedule
You agree to pay all fees and charges applicable to your Account. All fee amounts will be withdrawn from your Account and will be assessed regardless of whether you have sufficient funds in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
4 Electronic Fund Transfers
Your Account allows you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit or ATM card transactions and direct deposits. This Section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account. You may also receive additional services through Online Banking Services provided by the Program Partner, that allow you to initiate EFTs to and from yourAccount that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services by the Program Partner.
4.1 Types of EFTs Supported by Your Account
Your Account allows the followingtypes of EFTs:
▪ Direct deposits from your sources of income
▪ Transfers to or from your Account to or from a connected bank account (see Section 3.5)
▪ Transfers to or from your Account to a merchant or other third party by providing the third party with your Account routing number and account number
▪ Purchases or other transactions using your debit card
▪ ATM deposits or withdrawals using your debit card or ATMcard
4.2 Limitations on EFTs
There are limitations on the frequency and amount of transactions you can make to or from your Account.These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Account, please refer toSection 3.1 concerning deposits. For limits that apply to transactions that debit or withdraw from your Account, please refer to Section 3.4 concerning withdrawals. For limits that apply to transfers to or from your Account to a connected bank account, please refer to Section 3.5. These security-related limits may change from time to time.
If you have been issued a debit card or ATM card for yourAccount, there may also be transaction limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any limitations and other terms.
4.3 Your Right to Receive Information and Documentation ofYour Transactions
You will receive information and documentation concerning any EFTs that debit or credit your Account in the following ways:
▪ Statements: We will provide you information about each transaction that debits or credits your Account on your statements. Please refer to Section 3.8 for information about statements. You may access your transaction history through the Online Banking Services.
▪ Direct Deposits: If you receive a direct deposit into yourAccount at least once every sixty (60) days from your employer or other person or company, you can check if the deposit has been made through the OnlineBanking Services.
▪ Receipts: You can get a receipt at the time you make a withdrawal at an ATM or a purchase at a point-of-sale terminal using your debit card or ATM card.
4.4 Preauthorized Transfers, Your Right to Stop Payment andNotices of Varying Amounts
If you authorize us or another company or person to withdraw from your Account on a regular basis (such as when you sign up for “autopay” to pay a monthly bill), it is called a Preauthorized Transfer. You have the right to place a stop payment on Preauthorized Transfers, as well as get notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal.
4.4.1 Your Right to Stop Payment
If you authorize a company or person to take payments from your Account on a regular basis through aPreauthorized Transfer, you can stop any of these payments by contacting us by email at email@example.com at least three (3) business days before the next payment is scheduled to be made.
Make sure to provide us with (1)your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
4.4.2 Our Liability if We Fail To Stop a PreauthorizedTransfer
If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.
4.4.3 Notices of Varying Amounts
If these regular payments vary in amount, the person or company you are paying should tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
4.5 Our Liability for a Failure To Complete A Transaction
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:
▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours.
▪ If the ATM you use does not have enough cash.
▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by the ProgramPartner, that you knew about before you began a transaction.
▪ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
▪ If your funds are not available due to a hold or if your funds are subject to legal process.
▪ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal.
▪ If your Account is closed or inactive.
▪ There may be additional exceptions stated in our or Unit’sagreements with you or permitted by law.
4.6 Your Liability for Unauthorized EFTs
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning yourAccount, or if your debit card or Online Banking Services login credentials have been lost, stolen or compromised. Calling us at 917-909-4941 is the best way of keeping your losses to a minimum.
You could lose all the money in your Account (and any bank accounts with other institutions you have connected to your Account) if you take no action to notify us of the unauthorized EFT or the loss or theft of your debit card, ATM card or Online Banking Services login credentials.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
▪ If you tell us within two (2) business days after learning of the loss, theft or compromise of your Online Banking Services login credentials, you can lose no more than $50.
▪ If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.
▪ If your statement shows EFTs that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses.
We can extend these time periodsif extenuating circumstances (such as a long trip or hospital stay) kept youfrom notifying us.
4.7 In Case of Errors or Questions About Your EFTs
Contact us at as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. For card related transactions, contact us at 1-833-333-0417; for all other transactions call us at 917-909-4941 or email us at firstname.lastname@example.org. We must hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appears. You must provide us with the following information:
▪ Your name and Account number;
▪ A description of the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and
▪ The dollar amount of the suspected error.
▪ If you tell us orally, we may require that you send us your complaint or question in writing by email within ten (10) business days.
We will determine whether an error occurred within ten (10)business days after we hear from you and will provide you the results and correct any error promptly. If we need more time, we may take up to forty-five(45) days—or ninety (90) days for Accounts open less than thirty (30) days or foreign-initiated transactions — to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will provide you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation by email. You may ask for copies of the documents that we used in our investigation.
5 Check Deposits and Mobile Deposit Services
You can only deposit checks into the Account using the mobile deposit capture services (the “MDC Services,” as further described herein) and in accordance with the terms of this Agreement. The MDC Services allow you to make deposits to your Account from a compatible mobile device by scanning or photographing checks and delivering the images and associated deposit information to us or our designated processor. By using the MDC Services, you agree to comply with all applicable laws and regulations and National Automated Clearing HouseAssociation (NACHA) rules that apply to remote deposit check capture processing and ACH transaction processing.
As defined in the Check Clearing for the 21st Century Act (“Check 21”), a “check” is a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including substitute checks (see Section 5.1.1) and travelers checks.
5.1 Substitute Checks and Your Rights
Federal rules for Check 21 allow banks to replace original checks with “substitute checks,” as defined in Check 21. Below are the details and your rights related to substitute checks.
5.1.1 Substitute Checks
To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us maybe substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
5.2 Eligibility to Use the MDC Services
Account holders adhering to all requirements described herein may be eligible to use the MDCServices. Not all Accounts are eligible for the MDC Services. We may terminate your use of the MDC Services at any time at our sole discretion. You may also stop using the MDC Services at any time. However, any images or information transmitted through your use of the MDC Services shall continue to be subject to this Agreement after termination. We may change our eligibility criteria at any time with or without notice to you.
To use the MDC Services, you must1) have a mobile device w/built-in camera 2) be able to access the Serviceson iOS Android 3)be enrolled in theOnline Banking Service. The MDC Services are not compatible with desktopor laptop computers.
5.3 Eligible Items
You agree that the only images you will scan or capture and deposit (“transmit”) to your Account through use of the MDC Services will beEligible Items. “Eligible Items” include paper items that are defined as“checks” or “certified checks” under Federal Reserve Regulation CC and other paper items not otherwise prohibited by this Agreement. You agree that images deemed to be Ineligible Items (see Section 6.2.3) may not be transmitted to your Account and will be rejected by us. You further agree that the image of the Eligible Item transmitted to us will be deemed an “item” within the meaning adopted in the Uniform Commercial Code of the Virginia of your Account.
5.4 Ineligible Items
You agree you will not use the MDC Services to scan ordeposit images of items that:
● are not payable in United States currency;
● are not drawn on a financial institution locatedin the United States;
● are payable to someone other than you;
● are money orders, savings bonds, or traveler’schecks;
● are checks authorized over the telephone and created remotely;
● are images of a check that never existed inpaper form;
● must be authorized or activated by us prior to being deposited;
● have already been deposited by or returned toyou;
● are not legible or do not conform to ourstandards, as determined in our sole discretion;
● are fraudulent, not authorized, suspicious ornot likely to be honored;
● are not dated, are post-dated, or are more than6 months old when transmitted;
● do not comply with the requirements establishedfrom time to time by any applicable statute, regulation, regulatory agency,clearing house or association;
● we deem to be Ineligible Items herein or at anyother time, with or without prior notice to you;
● do not comply with the requirements of yourAccount Agreement; or
● do not meet the Technical Requirements described in Section 6.2.4).
These items, collectively, are “Ineligible Items” under thisAgreement, and they are not eligible for deposit into your Account via the MDCServices.
5.5 Image Capture,Transmission, Processing and Payment
All images you transmit to us using the MDC Services must comply with the technical requirements we may specify from time to time (the“Technical Requirements”). You are responsible for all expenses you incur to meet the Technical Requirements. We reserve the right to change the TechnicalRequirements at any time without prior notice.
You are responsible for reviewing and validating the accuracy and completeness of any information you transmit to us, including but not limited to the amount indicated on the item and the legibility of the image transmitted. You will only submit check images that meet our quality standards.You will not transmit an image or images of the same check to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with us or any other party.
You shall be solely responsible for ensuring the quality, accuracy and completeness of the images you transmit using the MDC Services.You shall be solely responsible for the selection, use and operation of the mobile device you use to transmit images.
We can attempt to process, collect, present for payment ,return or re-present images you attempt to transmit in any way we choose that is allowed by law.
We can also reject any transmission for any reason at our option and without liability. An image shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was an Eligible Item or accepted.
If an image does not meet our requirements, we can also a tour option:
● process the image as received for payment;
● correct the image or its accompanying data and process the corrected image for payment;
● process the deposit for payment in another format as allowed; or
● debit (chargeback) your Account for the amount indicated in the image.
Successfully transmitting an image to us does not mean that your transmission and deposit are complete. All of your images are subject to our further verification prior to being accepted for deposit and payment. Do not destroy the item transmitted as an image until you see the full deposit amount posted when you view your transaction history via the Online Banking Services.
5.6 Limits for theMDC Services
There may be limitations on the frequency and amount of transactions you can make using the MDC Services. Please refer to Section 3.1concerning deposit limitations for information on transaction limitations that will apply to your use of the MDC Services.
5.7 Required Endorsements on Items You Deposit and Managing the Original Item
When you transmit an image to us, you will still have possession of the original item. To prevent an additional submission of the item for payment, you are required take the following steps:
● Before you transmit an image to us, you must endorse the original item being captured for transmission by signing the back of the original item and writing the words “For deposit only at Blue Ridge Bank, N.A.” either above or below your signature.
● After you transmit the image to us, you should write the date and the words “Deposited by MDC” on the front of the item and keep the original item in a safe place.
You should not deposit or attempt to cash the item after transmitting the image to us.
5.8 Availability ofYour Deposits Using the MDC Services
You acknowledge that items transmitted using the MDCServices are not subject to the funds availability rules contained inRegulation CC. Funds deposited using the MDC Services will ordinarily be made available to you for withdrawal within five (5) business days after the day you make your deposit. See Section 6.2.8 for information concerning how we determine the day your deposit is made. We may make such funds available sooner or later based on the length and extent of your relationship with us, transaction and experience information, and other security and risk-related factors as we, in our sole discretion, deem relevant.
5.9 Cutoff Times forDeposits Using the MDC Services
If you successfully transmit an image to us before the cutoff time for the Account on a business day that we are open, we will consider that day to be the day of your deposit. See Section 3.2 for information concerning cutoff times. After that time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
You agree to notify us of any suspected errors regarding items transmitted through the MDC Services right away, and in no event later than sixty (60) days after the first Account statement on which the error appears is made available to you. Unless you notify us of an error within sixty(60) days after the applicable Account statement is made available to you, all deposits made through the MDC Services that appear on that statement shall be deemed correct and we will have no obligation to investigate any claim of error you make.
We can chargeback your Account or any other deposit account you have with us for the amount of any item, its image or any other representation of an item that is:
● returned to us; or
● is rejected by us for any reason, including when we believe it has been previously submitted or deposited with us or with anyone else.
This is true even if you have made withdrawals against any amount we have credited to your Account for the deposited item that was returned or rejected.
We can also charge fees connected to the chargeback as described in your Account Agreement and any other agreements you have with us.
There may be fees associated with your use of the MDCServices. Please refer to Section 3.12 for all fee information.
You are responsible for protecting your mobile device against unauthorized use as well as any losses and damages from unauthorized access. You will protect your mobile device, set up strong passwords and take other reasonable security precautions to protect your mobile device from unauthorized use. Always keep your passwords secret and remember that neither we nor any of our employees or agents will ever ask for your password. If you receive a communication from anyone requesting that you provide your password, do not respond. We are not responsible or obligated for any of these security precautions. If another person uses the MDC Services with your mobile device, you will be responsible for their actions on the Account as well as anyone else they allow to use your mobile device. This will be true even if you did not want, or agree to, their use.
If your mobile device is lost or stolen, or if you believe there has been unauthorized activity involving the MDC Services, tell us immediately by emailing us at email@example.com and promptly change your password.
5.14 MDC Services Disruption
The MDC Services might not be available from time to time due to maintenance, technical problems or other reasons. We are not responsible if the MDC Services are not available. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend, discontinue, or limit your use of the MDCServices, in whole or in part, immediately and at any time without prior notice to you.
5.15 Ownership and License
You agree that we retain all ownership and proprietary rights in the MDC Services, associated content, technology, and website(s).Your use of the MDC Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the MDCServices. Without limiting the restriction of the foregoing, you may not use the MDC Services:
● in any anti-competitive manner;
● for any purpose which would be contrary to our business interests (as deemed by us in our sole discretion); or
● to our actual or potential economic disadvantage in any aspect.
You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the MDC Services.
5.16 Indemnification and Limitation of Liability
You agree to indemnify, defend, and hold us, and any of our services providers responsible for administering the MDC Services, harmless from any losses incurred from (1) your breach of the Agreement, (2) a return of a check deposit made using the MDC Services due to incomplete or incorrect information provided, a closed account, or insufficient funds, and (3)fraudulent activity.
YOU AGREE YOUR USE OF THE MDC SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES, INCLUDING OUR SERVICE PROVIDERS)IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKENO WARRANTY THAT THE SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) PROVIDE ACCURATE OR RELIABLE RESULTS.
You agree that neither we nor any service provider we use to facilitate the MDC Services will be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the Service incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of the MDC Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.
We may terminate your access to the MDC Services for any or not reason, including due to your material breach of this Agreement, your fraudulent actions or omissions with respect to your use of the MDC Services, if you become insolvent or file for bankruptcy, or if there is a change in theRules that govern your use of the MDC Services.
5.18 Third-Party Beneficiary
You acknowledge and agree that any third-party service provider that facilitates your use of the MDC Services is a third-party beneficiary of this Agreement and that the third-party service provider has the right to directly enforce your obligations of this Agreement against you.
6 Other Legal Terms and Conditions
6.1 No Assignments
Your Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer our rights under this Agreement.
6.2 Legal Processes and Claims Affecting Your Account
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Account until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in yourAccount, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2)close your Account and send the balance to the named account holder; (3)require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
6.3 Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS,COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TOACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOUFOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WEOR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TOTHE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USEDBY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ONLINE BANKING SERVICES PROVIDED TO YOU BY STAKE NETWORK, INC. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TOYOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS”AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED,SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to thisAgreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
6.5 Our Right of Set-Off and Security Interest
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in your Account or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required bylaw.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.
6.6 Changes in Terms and Additional Services
We may change this Agreement, or any fees and features of your Account, at any time by posting an amended Agreement on the ProgramPartner’s website, https://stake.rent/terms/deposit-terms, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S.Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.
6.7 No Waiver of Rights
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
6.8 Conflicts and Section Headings
If there is a conflict between this Agreement and any other document or statement made to you concerning the Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement
If any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
6.10 Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be governed by the laws and regulations of the United States and theCommonwealth of Virginia where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in theCommonwealth of Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
6 Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY ANDUNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU ANDUS.
6.1 Election to Arbitrate
You, Stake Network, Inc., and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to thisSection 6 (the “Arbitration Provision”). As used in this Arbitration Provision,“Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort(intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this ArbitrationProvision is to be given the broadest possible interpretation that is enforceable.
6.2 Applicability of the Federal Arbitration Act;Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
6.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at firstname.lastname@example.org and provide us with the opportunity to resolve your concern prior to initiating arbitration.
6.4 Arbitration Procedures
The party initiating arbitration shall do so with theAmerican Arbitration Association (the “AAA”) or Judicial Alternatives andMediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of theAAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org.If you have any questions concerning JAMS or would like to obtain a copy of theJAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com.In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will beheld in the United States county where you live or work, or any other location we agree to.
6.5 Arbitration Fees
If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees).If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so.Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any ofthese fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal ArbitrationAct (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
6.7 No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS),EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve anyClaim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce thisSection 6.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 6.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
6.8 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section6.7 is deemed invalid or unenforceable, the remaining portions of thisArbitration Provision shall nevertheless remain valid and in force. If there isa final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 6.7 are finally adjudicated pursuant to the last sentence of Section 6.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
6.9 Judicial Forum for Claims
Except as otherwise required by applicable law, if this ArbitrationProvision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the Commonwealth of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
6.10 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.