Accounts
Account Terms and Conditions
ACCOUNT TERMS AND CONDITIONS
ARMED FORCES BANK, N.A. (AFB) TELEBANC 24/7/365 CUSTOMER SERVICE 888-929-2265
ARMED FORCES BANK OF CALIFORNIA, N.A. (AFBCA) TELEBANC 24/7/365 CUSTOMER SERVICE 888-715-8282
ACADEMY BANK (AB) TELEBANC 24/7/365 CUSTOMER SERVICE 877-712-2265

We are pleased to offer a variety of personal accounts to meet your individual banking needs. If you have questions concerning any of our accounts or services, please contact our personnel at any of our local branches or our 24/7/365 Customer Service Department.

FUNDS AVAILABILITY POLICY DISCLOSURE

YOUR ABILITY TO WITHDRAW FUNDS: Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. However, funds from electronic direct deposits will be available on the day we receive the 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 the time listed below 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 the time listed below or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

  • AFBCA customers - 3:00 PM
  • AB customers - 4:00 PM
  • AFB customers - 4:00 PM for all locations other than Arizona, Nevada, California or Washington.
  • AFB customers - 3:00 PM for locations in Arizona, Nevada, California or Washington.

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 first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $100.00 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 first 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 $5,000.00 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 a 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 seventh 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 $5,000.00 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 $5,000.00 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 ARMED FORCES BANK, N.A., ARMED FORCES BANK OF CALIFORNIA, N.A., and ACADEMY BANK will be available on the 1st business day after the day of your deposit. Funds from all other check deposits will be available not later than the 9th business day after the day of your deposit.

ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES

This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving a deposit account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words "you" and "your" mean those who sign as applicants or any authorized user(s). The words "we", "us" and "our" mean the Financial Institution.

24 Hour ATM/DEBIT Card

Types of Transfers: You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time. At present you may use your card to (some of these services may not be available at all ATMs):

  • Withdraw cash from your Checking, Savings or Money Market account.
  • Transfer funds between your checking and savings accounts.
  • Obtain balance information on your deposit accounts.

Limitations on Frequency and Amount:

  • You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.

Fees and Charges for ATM Transactions:

  • There is no charge for ATM withdrawals at machines owned by us.
  • There is a $1.00 charge for ATM withdrawals at machines not owned by us.
  • There is a $2.00 charge for ATM withdrawals outside the U.S.A.
  • There is a $1.00 charge for ATM Inquiries at machines not owned by us.
  • There is a $.50 charge for denied transactions at ATM's not owned by us.
  • There is a Replacement Card Fee of $15.00 per card.

The following disclosures apply to your debit card:
  1. Use of Your Card.

    a. Account Access. You may use your card to:

    • Withdraw cash from the account(s) you have selected.
    • Transfer funds between the accounts you have selected.
    • Pay for purchases at places that have agreed to accept the Visa Check Card.
    • Balance inquiries on the account(s) you have selected.

    Some of these services may not be available at all terminals.

    b. Limitations on Dollar Amount of Transfers

    • You may withdraw up to $500.00 from ATM terminals and may buy up to $3000.00 worth of goods and services each calendar day with your Visa Check Card (however, the amount will not exceed your available balance plus any available line of credit).

  2. Documentation of Transfers.
    • Terminal Transfers. You can get a receipt at the time you make any transfer to or from your account using one of our terminals.
    • Periodic Statements. You will get a monthly statement unless there are no electronic transfers in a particular month. In any case you will get the statement at least quarterly.
  3. Liability of Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
    • If, through no fault of ours, you do not have enough money in your account to make the transfer.
    • If the funds are subject to legal process or other encumbrance restricting a transfer.
    • If the transfer would go over the credit limit on your line of credit.
    • If the terminal where you are making the withdrawal does not have enough cash.
    • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
    • If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
    • There may be other exceptions stated in our agreement with you. In no event will we be liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error.
  4. Account Information Disclosure. We will disclose information to third parties about your account or the transfers you make:
    • Where it is necessary for completing transfers, or
    • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
    • In order to comply with government agency or court orders, or
    • If you give us your written permission.
  5. Liability for Unauthorized Use.
    Notification Requirement. Tell us AT ONCE if you believe your card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within four (4) business days, you can lose no more than $50.00 if someone performed an unauthorized ATM transaction using your card. If you do NOT tell us within four (4) business days, after you learn of the loss or theft of your card and we can prove we could have stopped someone from using your card to perform an unauthorized transaction if you had told us, you could lose as much as $300.00. Also, if your statement shows withdrawals or purchases you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or emailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may extend the time periods.
    • Address and Telephone Number. If you believe your card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call customer service at the number provided in this agreement or write us at: Armed Forces Bank, PO Box 3400, Fort Leavenworth, KS 66027.
    • Business Day Disclosure. Our business days include every day other than Saturday, Sunday or one of the Federal holidays.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Call customer service, or write us at: Armed Forces Bank, PO Box 3400, Fort Leavenworth, KS 66027, 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 the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number.
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us 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 within ten business days. We will tell you the results for our investigation within 10 business days (5 business days for VISA debit transactions) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days (five business days for VISA debit transactions) 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 10 business days (five business days for VISA debit transactions), we may not recredit your account. (If the transaction involved was a point-of-sale transaction or a transaction initiated outside the United States, the above time periods may be extended as follows: 10 business days may be extended to 20 business days and 45 business days may be extended to 90 days).

If we decide there is no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Preauthorized Electronic Funds Transfers

Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to your deposit accounts:

  • Accept direct deposits to your checking or savings account.
Fees and Charges:
  • We do not charge for any preauthorized EFTs.
  • We will charge $25.00 for the stop-payment orders for preauthorized transfers.

TELEBANC, ONLINE BANKING AND MOBILE BANKING

Brief Description: Your 24-Hour Automated Account Information Line. Dial 1-888-929-2265 for AFB, 1-877-712-2265 for AB, and 1-888-715-8282 for AFBCA. For Online Banking or Mobile Banking visit the respective web pages our websites at afbank.com for AFB, academybankco.com for AB and afbca.com for AFBCA.

Types of Electronic Services. You may access your deposit accounts by using a separate personal identification number (PIN) assigned to you and your account number in our electronic systems. At the present time you may use the system to:

  • Transfer funds between your deposit accounts.
  • Obtain balance information on your deposit accounts
  • Verify the date and amount of your last direct deposit
  • Receive direct deposit information prior to posting.
  • Determine if a particular check has cleared your account
  • Make loan payments, obtain loan information
  • Get tax information - interest earned or paid on your accounts.
  • Pay bills online (through Online Banking)
  • View, print and save electronic checking account statements for the past 18 months (through Online Banking).

Limitations on Frequency and Amount:

  • You are limited to the following number of inquiries, transfers or withdrawals: There is no limit on checking account transfers thru Telebanc, Online Banking or Mobile Banking, but funds transfers from a Savings account or Money Market Deposit account are limited to a maximum of six per month or statement cycle. Please note that these transaction limitations do not apply to Telebanc, Online Banking or Mobile Banking transfers used to make a payment on your Armed Forces Bank, Armed Forces Bank of California or Academy Bank loan.
  • There is no limit on the amount of any transfer or withdrawal from the funds in your deposit accounts.

Fees and Charges for Electronic Banking Transactions:

  • There is no fee for Telebanc, Online Banking, Online Bill Payment, Mobile Banking, eAlerts or eStatement services.

In addition to the limitations set forth above, the following limitations may be applicable to your accounts:

Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your card, Debit/ATM PIN or Electronic Services PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within four (4) business days, you can lose no more than $50.00 if someone used your card without your permission. If you do NOT tell us within four (4) business days after you learn of the loss or theft of your card or code, you could lose as much as $300.00. Also, if your statement shows transfers that you did not make, tell us at once. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. If you believe that your card code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write to us at the telephone number or address set forth in this agreement.

Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.

Documentation.

  • Periodic Statement. You will get a monthly account statement from us, unless there are no electronic transactions in a particular month. In any case you will get a statement quarterly.
  • Terminal Receipt. You can get a receipt at the time you make any transfer to or from your account using one of our ATM terminals.

Confidentiality. We will disclose information to third parties about your account or the transfers you make:

  • To complete transfers as necessary
  • To verify the existence and condition of your account upon request of a third party, such as a credit bureau or merchant; or
  • To comply with government agency or court orders; or
  • If you give us your written permission

Personal Identification Number (PIN). The ATM/Debit PIN or Electronic Banking Services PIN issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping your PIN(s). You agree not to disclose or otherwise make your ATM PIN or Electronic Banking Services PIN available to anyone not authorized to sign on your accounts.

Notices. All notices from us will be effective when we have mailed or emailed them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail or email a notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

Enforcement. In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees on any appeal, subject to any limits under applicable law.

Termination of ATM and Electronic Banking Services. You agree that we may terminate this Agreement and your use of the ATM/Debit Card or Electronic Banking Services, if:

  • You or any authorized user of your ATM/Debit PIN or Electronic Banking PIN breach this or any other agreement with us;
  • We have reason to believe that there has been an unauthorized use of your ATM/Debit PIN or Electronic Banking PIN;
  • We notify you or any other third party to your account that we have cancelled or will cancel this Agreement. You or any other party to your account can terminate this Agreement for transactions initiated before termination.

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

Preauthorized Electronic Fund Transfers.
  • Stop Payment Rights. If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here's how: Call us or write us at the telephone number or address set forth in this agreement, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge $25.00 for a stop payment order.
  • Liability for Failure to Stop Payment or Preauthorized Transfers. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
  • Other Provisions. There may be a delay between the time a deposit is made and when it will be available for withdrawal. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE

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 acknowledge 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, at 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 this 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.

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 attorney's fees and costs and expenses of collection, including but not limited to those incurred at trial and on any appeal.

ADDENDUM TO ACCOUNT RULES AND REGULATIONS FOR NEW ACCOUNTS. This Account consists of a checking sub account and a savings sub account. The Bank may periodically transfer funds between these two sub accounts. If your Account is a Plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub account will be non interest bearing. The savings sub account will be governed by the rules governing our other savings accounts. This process will not affect your available balance, the interest you may earn, FDIC insurance protection, or your monthly statement.

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.

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 or 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.

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."

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 payments. (b) Final Payment. All non-cash items (for example, checks) deposited to your Account are posted subject to our receipt of final payments 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 the 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) 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. (d) Crediting of Deposits. The Funds Availability Policy Disclosure provided to you reflects our policies relating to the availability of deposited funds. (e) Substitute checks (IRD's) not printed by us will not be accepted for deposit without prior separate agreement.

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. We will require that checks purchased or printed from sources other than through the Bank will contain security features that will prevent the check from being counterfeited. The minimum features acceptable are an artificial watermark, "VOID" pantograph, micro-print lines, bleed-through check numbering, a warning band and a Regulation CC endorsement backer on the reverse of the check. If you use checks that do not meet these minimum counterfeit-avoidance security standards, and your checks are counterfeited, we may refuse to honor your request for reimbursement of any losses you may suffer. (b) Withdrawal Restrictions and Overdrafts. Overdrafts occur from time to time on an account. We discourage you from overdrawing your account because it may damage your credit and overdraft fees are expensive. It is important that you know the balance in your account prior to writing a check, using your debit card or using an ATM. We do not guarantee that all items will be paid and they can be returned. Unless you have Opted In for Reg E, debit card and ATM transactions would be denied if there are not funds available in your account. Returned checks can be more expensive and more damaging to your credit than a paid overdraft. 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 transfer 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 when the overdraft occurs because we setoff a debt against your account. You agree to pay us, or have deducted from your account, service charges assessed against your Account. Any service charge assessed against your Account shall be subject to the provisions of these Account Terms and Conditions, including those set forth in the Right of Setoff section. 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 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 in 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. There is a fee for this service. 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 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 by the party to whom you have given the information is deemed authorized by you. (h) Check Legends. We may disregard information on any check or item other than the signature of the drawer, the indemnification 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 at 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 adhere to extraneous legends if you notify us of such legends and we have agreed in writing to honor such legends.

STALE CHECKS. We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you.

CHECKING ACCOUNTS. If your account is a checking account, the following terms may apply. No interest will be paid on any demand deposit checking account with us. If we offer NOW (interest bearing checking) accounts, the account must consist solely of funds in which the entire beneficial interest is held by one or more individuals in an individual capacity, a sole proprietor, or a government unit, but not professional corporations or business partnerships. A NOW account may also be held by a for profit organization serving in a fiduciary or trustee capacity for an entity that is itself permitted to hold a NOW account. Otherwise, an organization may hold a NOW account only if it is operated primarily for religious, philanthropic, charitable, educational, or other similar purpose.

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 by telephone including fax or with the bank's Online banking service. A "preauthorized transfer" includes 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. You may make unlimited:

  • Transfers for the purpose of repaying loans and associated expenses at the Bank.
  • Transfers from one account to another account at the Bank if made by mail, customer's messenger, ATM/Debit card or in person.
  • Withdrawals from the account (considered payments made directly to you) if made by mail, messenger, ATM/Debit card or in person.
  • Withdrawals made by telephone (via check mailed to the depositor).
  • Transfers into the account.

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 1/2 or become disabled; or (5) within an applicable grace period (if any).

STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check or other item payable from 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 unless the item is an ACH debit and in that case, it will stay in effect until the item is stopped or the stop payment order is removed by you. 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 a money order or check (such as 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.
Based upon the type of account ownership that you have designated, the following terms and conditions apply.

INDIVIDUAL ACCOUNTS. An Individual Account is an account in the name of one depositor only. Only that person may write checks against the account or withdraw money, regardless of who actually owns the funds.

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 as joint tenants with right of survivorship.

  1. Tenants In Common With No Rights of Survivorship. 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.
  2. Joint Tenants with Right of Survivorship and Not as Tenants In Common. 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).

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 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 deficit 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 trustees 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 P.O.D. payee(s). If the P.O.D. Account is held by more than one person, each Account Holder will be subject to the rules pertaining to joint account ownership as set forth above. If there is more than one surviving P.O.D. payee, the respective interest of each shall be deemed to be in equal shares, unless otherwise stated in the Financial Institution's deposit account records and as allowed by applicable state law. If there is no surviving P.O.D. payee upon death of the last owner, state law will determine ownership of the funds in the Account.

ADDITIONAL ACCOUNT TYPES. This section applies to other deposit account types:

  1. 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.
  2. 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.
  3. Agency Account. An Agency Account is an account to which funds may be deposited and withdrawals made by an Agent designated by the owner ofthe 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.
  4. 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.
  5. 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.

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.

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.

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, attorney's 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. Our right of setoff applies to any and all funds deposited into your Account including, without limitation, automatic pre-authorized electronic direct deposits from any source including government benefit funds of any kind.

DORMANT ACCOUNTS. If you have not made a withdrawal from, or a deposit to, your Account for a period of 18 months, 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 for such funds. We reserve the right not to send statements on accounts we consider dormant, subject to applicable law.

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 checks 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) 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 were made available. You must also report any other Account problem within Thirty (30) calendar days or you 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. You understand that your original checks will not be returned to you with your statement. You agree that our retention of checks does not alter or waive your responsibility to examine your statements or change the time limits for notifying us of any errors.
In order to provide prompt check processing at competitive prices, we process checks mechanically rather than reviewing each check manually. Even though the risk of forgery loss is somewhat higher than it would be if we manually examined each check, you understand and agree that your risk of suffering forgery losses is low compared to the fees you would have to pay if we examined each check manually. Accordingly, you agree that we will not be liable to you for forgery losses you may suffer because we honor checks or other items: (1) bearing facsimile signatures, (2) bearing manual signatures, which are so cleverly forged that a reasonable bank employee could not detect the forgery, (3) that we never have a chance to view because of truncation, and (4) which are processed mechanically in a manner which is consistent with industry standard practice. Both of us agree that the foregoing limits on our liability for forgery losses will not excuse us from negligent or bad-faith action or inaction.

WHOLESALE WIRE AND ACH TRANSACTIONS. With respect to wire transfers or other transfers of funds not governed by the Electronic Funds Transfer Act, you agree to enter into and comply with our wire transfer (if applicable) agreement and to comply with our security procedures and this section. We advise you that any receiving financial institution (including us) is entitled to rely on any account or bank number you have provided even though that account or bank number may identify a party different from the person or entity you have described by name in any transfer order.

  1. Provisional Payment. Credit given by us to you with respect to an ACH credit or wholesale (wire) funds transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to your account in connection with such entry, and the party (the originator of the entry) making payment to you via such entry shall not be deemed to have paid you the amount of such entry.
  2. Notice of Receipt. We will notify you of the receipt of payments in the periodic account statements we provide to you. You acknowledge that we will not give next day notice to you of receipt of an ACH or wholesale (wire) funds transfer item.

NOTICES. The following terms apply to notices relating you 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.

ADMINISTRATIVE SUSPENSION OF CERTAIN ACCOUNT PRIVILEGES. Should your account maintain a persistent negative balance, the Bank reserves the right to administratively suspend your use of the account until the negative balance has been repaid in full. During any period of administrative suspension the Bank will cease providing written or electronic statements and will prohibit any access to the account for any purpose until such negative balance has been repaid in full. Any deposit(s) made to an account, including any deposit by electronic means from any source including government sources, while it is administratively suspended will be accepted by the Bank. Such deposit(s) will be deemed by the Bank as your good faith effort to retire any negative balance and will be applied against the negative balance in such amounts as are necessary to repay the negative balance in full. Any deposit(s) in excess of the amount necessary to repay the negative balance in full will remain on deposit in your account and will be available on the terms and conditions then applicable to such account. In the event any deposit is made, the Bank will provide a written statement for the period in which the deposit is made to the most recent address associated with the account and will continue to provide such statements until the account is otherwise closed by you or again administratively suspended. As used in this section a Persistent Negative Balance shall mean a negative balance of any amount which has existed for no less than 59 consecutive days.

ACCOUNT TERMINATION. We may close your Account at any time without notice to you. 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 many 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.

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 in which we are located and where you opened your account. In addition, we are subject to certain federal and state regulations 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.

SYSTEMS AND SOFTWARE. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems and software utilized by you to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

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 authorized 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.

RESOLUTION OF DISPUTES. As used in this Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Account or these Account Terms and Conditions, including the validity, enforceability or scope of this Section or the Account Terms and Conditions. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statues, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced.
If you or we request, any Claim will be determined by arbitration.
We agree not to elect to use arbitration under this Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as Claim is individual and pending only in the court.

ARBITRATION. Since these Account Terms and Conditions touch and concern interstate commerce, an arbitration under this Agreement will be conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of law provision in these Account Terms and Conditions. The arbitration, including selection of an arbitrator and the scope of discovery, will be conducted in accordance with the then-current rules for arbitration of financial services disputes of the American Arbitration Association ("AAA"). You may write to AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org to obtain rules and forms to initiate arbitration. The arbitrator(s) will follow the law and will give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable will be determined by the arbitrator(s). The award of the arbitrator(s) will be in writing and include a statement of reasons for the award. The award will be final. Judgment upon the award may be entered in any court having jurisdiction, and no challenge to entry of judgment upon the award will be entertained except as provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.

INDIVIDUAL BASIS. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated only on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons covered by these Account Terms and Conditions or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OR PROCEDURES OF AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OR CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.

SELF-HELP AND PROVISIONAL REMEDIES. The institution and maintenance of an action for judicial relief or pursuit of a provisional and ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the Controversy to arbitration if any other party contests such action for judicial relief. No provision of this section shall limit the right of any party this agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property, collateral or security, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during dependency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration.

JURISDICTION AND VENUE. Any arbitration regarding these Account Terms and Conditions or your account must be brought in Missouri or Kansas, and you submit to the personal jurisdiction of that state.

SURVIVAL OF PROVISION / SEVERABILITY. This Provision shall survive closing of your account by you or by us. If any portion of this Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision or the Account Terms and Conditions.

If you send email to us, please remember that email is not secure against interception. If your email contains information that is very sensitive or includes personal information such as your account numbers, charge card number, or social security number, you may want to send this information via postal mail.



What Does Armed Forces Bank, Academy Bank, and Armed Forces Bank of California Do With Your Personal Information?

Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number and Income
  • Account Balances and Payment history
  • Credit history and Credit Scores
When you are no longer our customer, we continue to share your information as described in this notice.
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customer's personal information; the reasons Armed Forces Bank, Academy Bank, Armed Forces Bank of California chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information DO WE SHARE? Can you limit this sharing?
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes - to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes - information about your transactions and experiences No We Don't Share
For our affiliates' everyday business purposes - information about your creditworthiness No We Don't Share
For non-affiliates to market to you No We Don't Share

Who is providing this notice?

Armed Forces Bank, Academy Bank, Armed Forces Bank of California.


How does Armed Forces Bank, Academy Bank, and Armed Forces Bank of California protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.


How does Armed Forces Bank, Academy Bank, Armed Forces Bank of California collect my personal information?

We collect your personal information, for example, when you

  • Open an account or Deposit Money
  • Pay your Bills or Apply for a Loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates or other companies.


Why can't I limit all sharing?
Federal law gives you the right to limit only
  • Sharing for affiliates' everyday business purposes - information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.


Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • AFB, AB, AFBCA does not share with our affiliates.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • AFB, AB, AFBCA does not share with nonaffiliates so they can market to you.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
  • Insurance companies


Other important information

This Privacy Policy will be provided to each new customer at the time the customer relationship is established. Additionally, a copy of this Privacy Policy will be mailed or emailed to all customers once per calendar year. Anyone may receive a copy of this Privacy Policy upon request. Armed Forces Bank, Academy Bank and Armed Forces Bank of California reserve the right to change this policy at any time.


Questions concerning the privacy of your information should be directed to:
Armed Forces Bank, N.A.
Attention: Privacy Manager
320 Kansas Avenue
Fort Leavenworth, KS 66027
Telephone: (913) 682-9090
E-mail: privacy@afbank.com
Academy Bank, N.A.
Attention: Privacy Manager
320 Kansas Avenue
Fort Leavenworth, KS 66027
Telephone: (913) 682-9090
E-mail: privacy@academybankco.com
Armed Forces Bank of California, N.A.
Attention: Privacy Manager
320 Kansas Avenue
Fort Leavenworth, KS 66027
Telephone: (913) 682-9090
E-mail: privacy@afbca.com

If you send e-mail to us, please remember that e-mail is not secure against interception. If your e-mail contains information that is very sensitive or includes personal information, such as your account numbers, charge card number, or social security number, you may want to send this information via postal mail.
Balance
Information
We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.