, Member FDIC, provides banking services for Aspire Banking.
DEPOSIT TERMS AND CONDITIONS
GENERAL ACCOUNT TERMS
Definitions. Throughout these terms and conditions ("Terms"), these terms have the following meaning:
• "You," "your," and "account owner" refer to the Customer whether or not there are one or more Customer s named on the account.
• "We," "our," and "us" refer to the Bank , The Bank of Missouri .
• "Business days" are Monday through Friday excluding holidays.
• "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
• "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: digital wallet functionality, other application-based transfer capabilities, bill payment features, and other existing and emerging consumer financial products and services that may be developed in the future for purposes of debiting digital accounts as well as checks that you have written, ACH payments, wire transfers, PIN based debit card transactions, and signature based debit card transactions.
• "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
You understand that the following Terms and any other documents applicable to your account that are provided to you govern your Checking account with us. You understand that your account is also governed by applicable law. These Terms include the fees and charges applicable to the account, minimum balance requirements, and other pertinent information related to the account. These Terms may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other provisions change in a manner that would adversely affect you, we will provide you with written notice 30 days prior to the change. You acknowledge and agree to these Terms governing your account with us and you accept these Terms by using any of your deposit account services.
Account Ownership Descriptions.
Individual Account. The named party in an individual account owns the account and may withdraw all or some of the account. On the death of the party, ownership passes as part of the party's estate.
In Trust For Account. An In Trust For account permits the account owner (trustee) to transfer the account (trust) funds to a named beneficiary. The trustee may change the named beneficiary at any time by written direction in a form acceptable to us. The trustee may withdraw all or part of the funds at any time. Such payment or withdrawal shall constitute a revocation of the trust for the amount withdrawn. The beneficiary can only acquire withdrawal rights by surviving the trustee. If the beneficiary does not survive the trustee, then the trust shall terminate and title to the account shall vest in the trustee. In that case, it will be treated as an individual account in the name of the trustee, rather than an In Trust For account.
Individual With Payable On Death Account. A Payable On Death account permits the account owner(s) to transfer the account to named beneficiaries. This account is governed by Missouri Statute 362.471 and is not subject to the Nonprobate Transfers Law of Missouri. If two or more account owners create a Payable On Death account, then between the account owners, the account is treated as a joint account with right of survivorship. The account owner(s) may withdraw all or part of the funds at any time. The account owner(s) may change the named beneficiaries at any time by written direction in a form acceptable to us. Upon the death of all account owners, account funds are distributed to and withdrawal rights are received by the named beneficiaries in accordance with your beneficiary designation and any applicable state law.
Joint with Right of Survivorship and Payable on Death (P.O.D.) Account. A Payable On Death account permits the account owner(s) to transfer the account to named beneficiaries. This account is governed by Missouri Statute 362.471 and is not subject to the Nonprobate Transfers Law of Missouri. If two or more account owners create a Payable On Death account, then between the account owners, the account is treated as a joint account with right of survivorship. The account owner(s) may withdraw all or part of the funds at any time. The account owner(s) may change the named beneficiaries at any time by written direction in a form acceptable to us. Upon the death of all account owners, account funds are distributed to and withdrawal rights are received by the named beneficiaries in accordance with your beneficiary designation and any applicable state law.
Joint With Right of Survivorship Account. The joint tenants (account owners) agree that all funds deposited now or in the future in this account shall be held as joint tenants with right of survivorship and not as tenants in common. Upon the death of a joint tenant, the account balance shall become the property of the surviving joint tenant(s). If there is more than one surviving joint tenant, then the account shall continue to be held as a joint account with right of survivorship. When there is only one surviving joint tenant, the account shall be treated as an individual account.
Joint Without Right of Survivorship Account. The tenants (account owners) agree that all funds deposited now or in the future in this account shall be held as tenants in common and that there shall not be a right of survivorship between the tenants. Upon the death of a tenant, we may pay the decedent's share of the account to his or her estate. If there is more than one surviving tenant, then between the surviving tenants, the account shall continue to be held as a joint account without right of survivorship. When there is only one surviving tenant, the account shall be treated as an individual account.
Tenancy By The Entirety. The joint tenants (account owners) agree that all funds deposited now or in the future in this account shall be held as a tenancy by the entirety. There is a right of survivorship between the two joint tenants and the account is not held as tenants in common. The account owners are married to each other. Upon the death of a joint tenant, the account balance shall become the property of the surviving joint tenant and thereafter be treated as an individual account.
Account Ownership for Aspire Checking Account.
The only ownership types available for the Aspire Checking Account are Individual and Joint with Right of Survivorship. If the account is owned by one individual, the ownership will be an Individual Account. If the account is owned by more than one individual, the ownership will be Joint with Right of Survivorship. Payable on Death (POD) beneficiaries are not supported for the Aspire Checking Account.
Wisconsin Residents. If one owner of a marital account dies, the survivor is entitled to 50% of the account funds and the estate of the deceased is entitled to the other 50%. We will have no responsibility to determine respective interests of the owner.
Your Choice of Account. You have instructed us as to the title and type of the account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your chosen account. For example, there are conditions that may need to be satisfied before transferring accounts due to death or other events as well as reductions to an account required or permitted by law. You must determine whether the account you select is appropriate for your current and future needs. Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice on your legal interests.
Transfers and Assignments. We may assign or transfer any or all of our interest in this account. You cannot assign or transfer any interest in your account unless we agree in writing.
Community Property. When the account is a joint account between two parties authorized by law to hold community property together and the account is titled as joint tenants with right of survivorship, the account will be owned by the parties who fund the account with community property and hold the property with right of survivorship. Upon the death of either party, the property will vest in and belong to the surviving party. If the account is titled without an indication that it is owned as joint tenants with rights of survivorship, the account will be owned by the parties and all property in the account, including earnings, will be held as community property without right of survivorship; and upon the death of either party, one-half of the property will vest in and belong to the estate of the deceased party. If you are residing in a community property state, you and your spouse may be required to complete additional documentation if your spouse is not an account owner on the joint account or designated as your primary beneficiary on the account.
Multiple Account Owners. If there is more than one account owner for your account, all deposits are the property of the person(s) indicated on the account. We may release all or any part of the amount in the account to honor checks , orders, or other items, or withdrawals or requests from any person named on this account. However, the number of required signatures must be met. Any person named on the account is liable for an amount equal to the overdrawn balance plus any overdraft fees regardless of whether he or she signed the item or benefited from the proceeds of the item. Upon receiving written notice from any person named on the account, we may freeze the account. The account may be frozen until we receive written notice, signed by all parties named in the account, as to the disposition of funds. We may also freeze the account upon receipt of notice of the death or incapacity of an account owner until we have received all necessary documentation to establish to whom payment should be made. We may use the funds to satisfy a debt or judgment of any person named on this account if ordered to do so by a court of law.
Power of Attorney. If you wish to name another person to act as your attorney in fact or agent in connection with your account, we must approve the form of appointment.
Restrictive Legends. We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in writing signed by an officer of the Bank . Examples of restrictive legends are "two signatures required", "must be presented within 90 days", or "not valid for more than $1,000.00."
Preauthorized Checks or Drafts. You should guard information about your account (such as your routing number and your account number) as carefully as you would guard blank checks . If you voluntarily give such information about your account to a party which is seeking to sell you goods or services, without physically delivering a check to that party, any debit to or withdrawal from your account it initiates will be deemed authorized by you.
Verifying Funds Availability For Check . You authorize us to release funds availability information about your account to individuals or merchants who represent to us that they have received a check from you.
Your Responsibility For Back Of Check. All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account must be placed on the left side of the check when looking at it from the front, and the endorsements must be placed so as not to go beyond an area located 1-½ inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement.
and Electronically-Created Items. Pursuant to Regulation CC, electronic
may be treated the same as paper
collection and processing purposes. See the Substitute Checks section for more information.
Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper form. For example, you set up automatic bill payments with us to pay your utility bill. From your account information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a substitute check since it never existed in paper form.
Substitute Checks. To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These substitute checks are similar in size to the 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 may be substitute checks. An electronic check can be used to create a substitute check since the electronic image and electronic information was derived from its paper form.
Remotely Created Checks. A remotely created check, as defined in Regulation CC, means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. By having a deposit account with us, you certify that all remotely created checks deposited to your account(s) will be expressly and verifiably authorized by the payer. And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe that the check is fraudulent in any manner and to obtain from you the payer's express, verifiable authorization for any such check.
Deposits. We do not accept cash deposits or any deposits by mail. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item. You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and expenses related to he collection of all or part of such amount from you. Funds deposited to your account are available in accordance with the Disclosures.
Collection of Deposited Items. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearing house rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearing house.
If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.
Statements. We will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account owner who receives this statement is the agent for his/her co-account owner(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 30 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law. Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or otherwise make the statement or items available to you, even if we failed to exercise ordinary care. However, if the discrepancy is the result of an electronic fund transfer, the In Case of Errors or Questions About Your Transactions provision in the Electronic Fund Transfer Policy as included in these Terms will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending y our statements and you supply us with a proper address.
Electronic Statements and Notices. You will have statements and notices regarding this account provided to you in an electronic form, including to a designated e-mail address, through an online banking portal, or other electronic method, upon your authorization. Electronic statements and notices are required on this account. If you wish to withdraw that authorization, the account will be closed.
ACH and Wire Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Missouri . If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.
If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("Nacha") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.
Provisional Payment. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
International ACH Transactions. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.
Notice of Receipt. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Choice of Law. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of Missouri .
Stop Payments. Stop Payment on Checks. You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on us for 14 calendar days only and we may require it to be confirmed by you in a record or writing within that period. If the record or written confirmation is not received as specified, we will no longer be bound by your request. Upon receipt of confirmation in a record or writing, a Stop Payment Order on a check remains in effect for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from an of the authorized signers of the account regardless of who signed the check.
Stop Payment on ACH Debits. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment Orders are binding on us for 14 calendar days only and we may require it to be confirmed by you in a record or writing within that period. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer wit the payee (a Stop Payment Order does not revoke authorization).
The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fun Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law.
Stop Payments on Preauthorized Transfers. You may use your account or debit card to make recurring payments. If these recurring payments vary in amount, the payee will tell you the amount and the date of the next payment at least 10 days before the payment due date. You may choose to get this notice from your payee only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
You can stop some payments before the scheduled payment date in the following way:
1- If you provide your card number for the recurring transfer, you must contact us by telephone and give us the exact card number. We will close the card and you can replace it with a new card and card number upon request.
2- If you provided your account number and routing number for ACH direct debits to your account (both recurring and one-time payments), you must contact us by telephone and give us your account number and the exact name of the payee. We will also need the exact amount of the payment, a range of amount or an instruction to block all payments from the named payee. We will charge a Stop Payment Fee. We are not responsible for stopping payment on ACH transactions if you do not provide this information or if you provide inconsistent information. We may refuse to a payment to a payee with a similar name that we believe to be the same payee; however we are not liable if we don't refuse the payment. If you see a "pending" payment for a different amount or for a different payee than the stop payment you placed, contact us before the end of the business day so we can try to refuse the payment. We may send you a written confirmation of your stop payment. We may rely on the information in the confirmation unless you notify us immediately of any errors. We may stop multiple transactions that have the amount and exact payee name you provided unless you cancel your stop payment request.
3- If you set up your recurring or one-time bill payment for transfers through a website or mobile app we make available to you, you may use that service to cancel pending and future payments. We will generally process a stop payment request as soon as we receive it. If you place a stop payment three or more business days before the transfer is scheduled, and we pay, we will be responsible for your losses or damages.
You will be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that item has not already been paid or that we have had a reasonable opportunity to act on the request.
Death or Incompetency. Neither your death nor a legal adjudication of incompetence revokes our authority to accept , pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. To the extent permitted by law, even with knowledge, we may for 10 days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account.
Non-Sufficient Funds and Overdrafts - Available Balance . How We Decide To Pay An Item or Debit. We use an available balance method to determine if there are sufficient funds in your account to pay an item or debit transaction. The available balance reflects deposits and transactions that have been posted to your account, and transactions that have been authorized but not yet posted to your account, including deposit holds and holds on debit card transactions that have been authorized but not yet posted (i.e., preauthorization holds). These pending transactions and holds reduce your available balance. For example, you have $100 in your account and a pending transaction of $30. Your available balance is $70 because the pending $30 transaction reduces your available account balance.
If there are insufficient funds to pay a debit transaction or item based on your available balance, we may either: 1) return the debit or item or 2) pay the debit or item at our discretion.
Overdrafts. If we pay the debit transaction or item on your behalf, you will be responsible for the overdrawn balance.
Processing Order. We will process debit and credit transactions in accordance with our processing order policy.
Signatures. You authorize us, at any time, to charge you for all
drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means
your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.
Further, most checks , and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks , and other items, i.e., without individual review of each check , or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.
Fees, Service Charges and Balance Requirements. You agree to pay us and are responsible for any fees, charges, or balance/deposit requirements as included in the Fee Schedule , Electronic Fund Transfer Policy, and Truth In Savings Disclosure included in these Terms. Fees, charges, and balance requirements may change from time to time. We also reserve the right to impose a service charge for cashing checks drawn on your account if the person cashing the check is not a customer of this Bank .
Set-Offs and Security Interests. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under these Terms (by which you grant us a security interest in your deposit account and any other accounts held by you) to use your account funds to pay the debt, where permitted by law. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. The security interest granted by this Agreement is consensual and is in addition to our right of set-off.
Claims. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court, or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account owners. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in these Terms.
Attorneys' Fees and Expenses. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.
Legal Process Against Account. You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in any legal proceeding.
Closing Account. We may close the account at any time, with or without cause, after sending the notice if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after the closing of your account. Such a termination will not release you from any fees or other obligations incurred before the termination. We will send a check for the balance in our possession to which you are entitled.
Our Waiver of Rights. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us shall affect or preclude our future exercise of that right, remedy, power or privilege.
Your Waiver of Notice. You waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.
Notice. You are responsible for notifying us of any address or name changes, death of an account owner, or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied.
Telephone and Electronic Communication. You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us. You also agree that we may monitor and record telephone and electronic communications that affect your account(s) with us to the extent permitted by law. We need not provide further notice to you or receive additional approval.
Online or Mobile Services. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.
Amendments and Alterations. You agree that the terms and conditions governing your account 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 amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account owners.
Effective Applicable Laws and Regulations. You understand that these Terms are governed by the laws of Missouri , except to the extent that federal law is controlling. Changes in these laws and regulations may modify these Terms. We do not have to notify you of these changes, unless required to do so by law. If any of these Terms come into conflict with the applicable law and are declared to be invalid or unenforceable, they will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.
PLEASE READ CAREFULLY: This Arbitration provision ("provision") waives any right to file claims in court, other than a small claims court, or to participate in a class action or other consolidated proceeding:
Unless you opt-out of this provision in the manner set forth below in subpart (p), any claim that arises out of our in any way relates to the Agreement, your account, or this provision (the "Claim(s)") shall be resolved exclusively by binding bilateral arbitration in accord with the following:
a) this provisions is contained in a contract evidencing interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
b) Arbitration in accordance with this provision shall be conducted by the American Arbitration Association ("AAA") by a single arbitrator (the "Arbitrator") using the applicable rules and procedures established by the AAA for expedited consumer arbitration. To the extent any of the AAA's rules and procedures contradict the express terms of the provision, the Provision shall control, and the contradictory portions of the AAA's rules and procedures shall not apply.
c)The Arbitrator shall enforce the Applicable Law in the Agreement and shall honor applicable statues of limitations and claims of privilege. The Arbitrator may award any relief available under Applicable Law, provided that the Arbitrator is not authorized to award punitive or other damages not measured by the prevailing party's actual damages.
d) You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or represented by counsel. Any in-person arbitration hearing or proceeding shall be held in the same city as the U.S. District Court closes to your billing address unless you or we agree otherwise.
e) The Arbitrator has no authority to conduct class, joint, private attorney general or consolidated arbitration proceedings on any Claim and may award relief only on an individual basis. If you assert a Claim Against us, we can choose to arbitrate. Claims brought as part of a class action, or any other representative action ca be arbitrated only on an individual basis. If Arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.
f) Except as mat be required buy law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.
g) Regardless of who asserts any Claims, we shall advance your portion of the arbitration filing and hearing fees. If we prevail in arbitration, the Arbitrator may require you to reimburse us for any filing and hearing fees that we advanced on your behalf provided that the total filing and hearing fees paid by you shall not exceed the court costs you would have paid in a comparable state court action this subpart (g) shall not affect attorney's fees or costs, including witness or expert witness' fees or costs. You shall be responsible for your own attorney's fees and costs.
h) If permitted by Applicable Law, the Arbitrator may award reasonable attorney's fees and costs to the party who substantially prevails in arbitration.
i) In the event the AAA or its rules and procedures are unavailable for any reason, you or we may ask a court to appoint a substitute Arbitrator to arbitrate under comparable rules and procedures. The unavailability of the AAA or it rules and procedures shall not render the Provision unenforceable.
j) This provision covers any Claim arising out of or in anyway relating to the provision itself. All issues of arbitrability must be arbitrated, including but not limited to whether the provision is enforceable or applicable.
k) This provision remains in full force and effect unless you opt-out of the provision in accordance with subpart (p) or you and we otherwise agree in writing to set the provision aside. The provision survives, for example but without limitation, the cancellation or termination of the Agreement or your Account, the satisfaction of any obligations under the Agreement or your account, the transfer, sale, or assignment of the Agreement or your account or any rights under either, and the bankruptcy of any party.
l) Each of the following persons or entities is an intended
beneficiary of the provision and may enforce the provision in full with respect to any claims between such persons or entities on the one hand and you on the other hand that arise out of or in any way relate to the Agreement or The Bank of Missouri and any of its or our past, present, and future employees, agents, principals, representatives, directors, officers, shareholders, governors, managers, members, parent companies, subsidiaries, affiliated entities, partner, licensees, attorneys, predecessors, successors, joint ventures, contractors, assigns, designees, servicers, and "service providers" (defined as any third party providing us or any of the foregoing entities or person any goods or services that arise out of or in any way relate tot he Agreement or the Provision).
m) The provision may be enforced by or against any person or entity purporting to bring Claims on your behalf, including but not limited to any agent, representative, guardian, or trustee. The provision may also be enforced by or against any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have belonged to us or an intended beneficiary of the provision.
n) You and we shall retain the right to bring in the small claims court for the county of your residence any claims that are within the small claims court's jurisdiction. Any appeal or other review of a small claims court judgment or order shall be undertaken exclusively by arbitration in accordance with the Provision.
o) If any part of the provision is found unenforceable, subject to any rights to judicial and/or appellate review the offending part shall be severed and the balance of the provision shall remain in effect and shall be construed in light of the express intent of you and us to resolve all claims on a bilateral basis in binding arbitration, except that: (A) if all or any portion of subpart (e) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire provision (other than this sentence) shall be null and void in such proceeding; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in subpart (e) or elsewhere in this provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to the individual relief has been entered in court.
p) You may opt-out of this provision by sending written notice to us of your decision to opt-out. Notice must be sent by United States Postal Certified Mail, Return Receipt Requested, to the following address: The Bank of Missouri, Attn: Legal Department, 906 N. Kingshighway, Perryville Missouri, 63775. The notice must be postmarked no later than 30 days after the date of your Agreement. You must retain proof of receipt. Your opt-out notice must state that you reject the Arbitration provision and include your name, address, account number and personal signature. No one else may sign the opt-out notice. Your opt-out notice will not apply to the arbitration provision(s) governing any other account(s) that you have or had with us. Your decision to opt-out will not affect our decision to continue to extend credit to you under the Agreement
Notice of Potential Disclosure of Negative Information To Consumer Reporting Agencies
This notice is being furnished pursuant to the Fair Credit Reporting Act (15 U.S.C. 1681) as
amended by the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
SUBSTITUTE CHECK POLICY
What Is a Substitute Check? 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 may be 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.
What Are My Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by:
- Phone at: 833-952-7747 or
- Mail at: The Bank of Missouri
Attn: Aspire Banking
PO Box 247
Perryville, MO 63775
You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a
means to which you agreed) the substitute check in question or the account statement showing that the
substitute check was posted to your account, whichever is later. We will extend this time period if you
were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
- A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
- A copy of the substitute check and/or the following information to help us identify the substitute check such as the check number, the name of the person to whom you wrote the check, the amount of the check.
We will also request the date of the check.
FUNDS AVAILABILITY POLICY DISCLOSURE
Purpose of this Disclosure.
Our general policy is to allow you to withdraw funds deposited in
the first Business Day after the day of deposit.
Funds from electronic direct deposits will be available on the day we receive the deposit. In some cases, we may delay your ability to withdraw funds beyond
the first Business Day after the day of deposit.
For purposes of this disclosure, the terms "you"/"your" refer to the customer and the terms "our"/"we"/"us" refer to The Bank of Missouri. Generally, transaction accounts are accounts which would permit an unlimited number of payments by check to third persons, and also an unlimited number of telephonic and preauthorized transfers to third persons or other accounts you may have with us.
Determining The Availability of Your Deposit.
The length of the delay varies depending on the type of deposit. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. The term "Business Day" means any day other than a Saturday, Sunday or federally declared legal holiday, and the term "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.
If you make a deposit before the close of business 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 close of business or on a day that we are not open, we will consider the deposit made on the next Business Day we are open.
Availability Schedule. 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. 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 we will use them to pay checks that you have written.
Foreign Checks. Checks drawn on financial institutions outside of the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions and are exempt from the policies outlined in this disclosure. Generally, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which they are drawn.
Deposits at Automated Teller Machines.
Additional ATM Information. All deposits are subject to receipt by the bank upon opening the machine.
Additional Deposit Information. Mobile Check Deposits. Deposits made by 7pm CST with Mobile Check Deposit are typically available the same business day. Deposits submitted on weekends, federal holidays and Monday through Friday after 7pm CST are typically processed the following business day. The Bank of Missouri/Aspire Banking may choose to delay availability of funds from any deposits made through Mobile Check Deposit at any time at our sole discretion. Mobile Check Deposits made on new accounts (less than 30 days old) will have a hold placed on the funds for at least 5 business days, however we may choose to delay the funds longer at our sole discretion.
ELECTRONIC FUNDS TRANSFER DISCLOSURE
The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers ("EFTs"). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your (hereinafter referred to collectively as "Debit Card") at automated teller machines (ATMs) and any networks described below. For purposes of this disclosure, "Business Day" means Monday through Friday excluding holidays.
Electronic Fund Transfer Services Provided
Debit Card Services.
- Aspire Banking Debit Card Services:
- You may withdraw cash from your checking account(s) .
- You may make deposits into your checking account(s) .
- You may transfer funds between your checking and savings accounts .
- You may make balance inquiries on your checking account(s) .
- You may use your card at any merchant that accepts Mastercard® Debit Cards for the purchase of goods and services.
Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.
Besides being able to use your Debit Card at our ATM terminals, you may access your accounts through the following network(s): Allpoint Access
ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
Point of Sale Transactions. Listed below
is the card you may use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as "Participating Merchants"). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card
including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your "designated account" to be debited for the amount of the purchase.
We have the right to return any
or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your
account balance or, if applicable, your available overdraft protection. If we do, you agree to pay an amount equal to the overdrawn balance plus any overdraft fees.
The following card and the corresponding designated account(s) may be used for Point of Sale transactions:
- Aspire Banking Debit Card: checking account .
Authorization Holds. An authorization hold is a temporary hold that is placed on your account for certain Debit Card transactions. The amount of the temporary hold may be more than the actual amount of the transaction, so your available account balance will temporarily be reduced by the amount of the temporary hold. If the authorization hold or the processing of subsequent transactions causes your account to have insufficient funds to pay the transaction, we may charge you non-sufficient funds fees if we return the item or overdraft fees if we pay the item on your behalf.
Currency Conversion - Mastercard®. If you perform transactions with your card with the Mastercard® logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. At Mastercard International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard®. Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is based on rates observed in the wholesale market or government-mandated rates, where applicable. The currency conversion rate used by Mastercard International is generally the rate of the applicable currency on the date that the transaction occurred. However, in limited situations, particularly where transactions are submitted to Mastercard International for processing are delayed, the currency conversion rate used may be the rate of the applicable currency on the date that the transaction is processed.
Services Provided Through Use of Telephone Banking. You may perform the following functions through use of Telephone Banking:
- You may initiate transfers of funds between your checking and checking account(s) .
- You may make balance inquiries on your checking account(s) .
For questions or more information, call us at: 833-952-7747
Telephone Bill Payment Service. You may make arrangements with us to initiate the direct payment of bills from your checking account(s) using our Telephone Bill Payment Service. This service is provided to you through an agreement between you and The Bank of Missouri. Please contact The Bank of Missouri for further information.
- You may arrange for the preauthorized automatic deposit of funds to your .
- You may arrange for the preauthorized automatic payments or other transfers from your .
Services Provided Through Use of Online Banking and Mobile Banking. The Bank of Missouri offers its
use of our Online Banking and Mobile Banking service.
Online Banking is a way to view account information and perform routine transactions.
You may initiate transfers of funds between your accounts.
You may make balance inquiries on your accounts.
You may make balance inquiries and initiate payments to loan accounts with us.
You may make payments from your checking account to pay bills or send payments electronically using bill pay.
You may initiate payments to other person(s) using Pay a Person (P2P).
You may transfer funds to/from your account with us to/from your account with another financial institution (Bank to Bank transfer).
You may deposit checks through Mobile Deposit Capture.
Electronic Check Conversion. If your account is a checking account, you may authorize a merchant or other payee to make a one-time electronic payment from this account using information from your check to pay for purchases or to pay bills.
Limitations On Transactions.
Transaction Limitations - Aspire Banking Debit Card.
Cash Withdrawal Limitations. You may withdraw up to $300.00 through use of ATMs in any one day.
Point of Sale Limitations. You may buy up to $1,500.00 worth of goods or services in any one day through use of our Point of Sale service.
Bank to Bank Transfers -
Daily Inbound Limits - Maximum of 2 transfers per day/Maximum of $500 per day
Daily Outbound Limits- Maximum of 2 transfers per day/Maximum of $500 per day
Mobile Check Deposit-
Daily limit: Maximum of $2,500 per check and daily limit of $2,500 total and 5 checks
Monthly (rolling 30 day period) limit: Maximum of 20 checks and $5,000 total
Online Bill Payment-
Maximum Transaction Amount - $25,000
Pay an Individual/maximum per transaction and per day - $1,000
Email Payment/maximum per transaction and per day - $1,000
- These Terms may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
- We reserve the right to impose limitations for security purposes at any time.
Notice of Rights and Responsibilities
The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.
Right to Receive Documentation of Your Transfers.
Transaction Receipts. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.
Periodic Statements. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.
Preauthorized Deposits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:
- you can call us at 833-952-7747 or 833-95-ASPIRE to find out whether or not the deposit has been made.
Using Your Card and Personal Identification Number ("PIN") . In order to assist us in maintaining the security of your account and the terminals, the Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.
Certain transactions involving your Debit Card require use of your PIN . Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify The Bank of Missouri immediately if your Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Debit Card or to write your PIN on your Debit Card or on any other item kept with your Debit Card. We have the right to refuse a transaction on your account when your Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.
The security of your account depends upon your maintaining possession of your Debit Card and the secrecy of your PIN . You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN at our ATM or via the telephone.
Rights Regarding Preauthorized Transfers.
Rights and Procedures to Stop Payments. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,
- call us at: 833-952-7747 or 833-95-ASPIRE
- write to:
The Bank of Missouri/Aspire Banking
PO Box 247
Perryville, MO 63775
We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.
Notice of Varying Amounts. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Our Liability for Failure to Stop Preauthorized Transfer Payments. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.
Your Responsibility To Notify Us of Loss or Theft. If you believe your Debit Card, PIN, internet banking access code, has been lost or stolen,
- call us at: 833-952-7747 (Monday - Friday 5:00 AM - 12:00 AM CST)
- write to: The Bank of Missouri/Aspire Banking
PO Box 247
Perryville, MO 63775
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Consumer Liability. Tell us AT ONCE if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check . 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 applicable). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN or internet banking access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code and we can prove we could have stopped someone from using your Debit Card or PIN or internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).
Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account, if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.
Consumer Liability For Unauthorized Transactions Involving
Aspire Banking Debit Card
The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Mastercard® branded card.
If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.
Illegal Use of Aspire Banking Debit Card. You agree not to use your Aspire Banking Debit Card for any illegal transactions, including internet gambling and similar activities.
In Case of Errors or Questions About Your Transactions. In case of errors or questions about your electronic fund transfers,
- call us at: 833-952-7747
- write to: The Bank of Missouri
Attn: Aspire Banking Servicing Dept.
PO Box 247
Perryville, MO 63775
- email us at: email@example.com
- use the current information on your most recent account statement.
Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact The Bank of Missouri no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:
- Your name and account number.
- A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you provide oral notice, you
be required to send in your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes 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. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.
We will tell 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.
You may ask for copies of the documents that we used in our investigation.
If you provide oral notice, we may require that you send us your complaint or question in writing within 10 business days.
Liability For Failure To Complete Transaction. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement, we will be liable for your losses or damages as provided by law. 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 transfer would result in your exceeding the credit limit on your line of credit, if you have one.
- If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
- If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
- If we have terminated our agreement with you.
- When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
- If we receive inaccurate or incomplete information needed to complete a transaction.
- In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
- If the funds in the account are subject to legal action preventing a transfer to or from your account.
- If the electronic terminal does not have enough cash to complete the transaction.
Charges For Transfers or The Right To Make Transfers. We reserve the right to impose a fee and to change fees upon notice to you.
We will disclose information to third parties about your account or electronic fund transfers made to your account:
- 1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
- 2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
- 3. In order to comply with government agency or court orders; or
- 4. If you give us your permission in a record or writing.
Safety Precautions For ATM Terminal Usage. Please keep in mind the following basic safety tips whenever you use an ATM:
- Have your Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
- If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
- If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
- Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
- If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
- When using the machine, stand so you block anyone else's view from behind.
- If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
- Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
- Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.
Your account is also governed by the terms and conditions of other applicable agreements between you and The Bank of Missouri.
Notification of Regulators. Your rights in connection with electronic fund transactions and this agreement are governed by Michigan and federal law. You may contact the following agency if you believe a violation of the law has occurred:
TRUTH IN SAVINGS DISCLOSURE
Minimum Balance Requirements. No minimum balance requirements apply to this account.
Processing Order. All credit transactions are processed first. Debits, or withdrawals, from your account will be processed as follows: electronic items such as Bill Payment, Telephone Banking, Debit Card Point of Sale, ATM, ACH and Preauthorized transactions are processed from lowest to highest (within each transaction type), and then checks (if any) will be processed in check number order. The processing order of these items is important because if there is not enough money in the account to pay for the items in the order they are processed in accordance with the processing order, there may be an overdraft on your account which may result in overdraft or non-sufficient funds fees or an increase in the amount of these fees.
Transaction Limitations. No transaction limitations apply to this account.
Additional Information Regarding Your Account.
No Check Writing Feature - You may not write checks on your Account, or order checks for your Account from us or any other source. Any transactions to your Account that involve a check drawn on your Account (other than a check created in connection with our own bill pay service), will not be honored.
Initial Account Funding - If this account is not funded (no deposit received) within 120 calendar days of account opening, the account will be closed.
Early Direct Deposit: Early access to direct deposit funds will depend on the timing of the submission of the payment file from the payer. We generally make these funds available on the day the payment is received, which may be up to 2 days earlier than the scheduled payment date.
Aspire Credit Card
You may pre-qualify for an Aspire Mastercard Credit Card by meeting the following requirements*:
1) Make at least $500 in deposits each statement cycle** for three consecutive statement cycles.
2) Maintain a minimum daily balance above $25.00 for three consecutive statement cycles.
3) Make at least three debit card purchases***each statement cycle for three consecutive statement cycles.
*IMPORTANT: To potentially qualify for a credit card offer, requirements 1, 2 and 3 must be completed within the same 3 consecutive statement cycles and within 12 months of opening your account. Only the primary account owner will be considered for a credit card offer.
**Statement Cycle means the period of time for which our bank provides a summary of the financial activities and transactions that post and settle to the accountholder's account.
***Account transactions, including debit card purchases, may take one or more days to post and settle to the account and they must do so during the statement cycle in order to meet this requirement. ATM transactions do not count towards this requirement.
Account Related Fees
$ 8.00 (First replacement is provided at no cost- $8 for all additional replacement cards)
Incoming Wire - $18.50 each
Outgoing Wire - Not available with this account type
ONLINE BANKING TERMS
Online Banking Agreement. These Terms govern your use of our Online Banking Services ("Online Services"). You agree to these Terms by your use of our Online Services and your use of any Online Services that we introduce in the future. If you have any questions about this agreement, contact us prior to acceptance.
Online Services Definitions. For purposes of our Online Services, the following definitions apply in addition to the definitions outlined in the General Account Terms section:
- "Account" refers to your account(s) with us that you have designated for Online Services access and that we allow to be included under these Online Services. The type(s) of account that may be designated for Online Services include consumer deposit accounts, such as Checks , Savings, NOW, Money Market, and Certificate accounts. You must be an account owner for each account that you designate and each account must permit withdrawal by a single signer.
- "Login Credentials" refers to the combination of your Online Services identification and password that must be used together to securely access your account information.
- "Check Image" refers to the digital image of any check you transmit to us using Remote Deposit Capture.
- "Check" refers to a (1) a negotiable demand draft drawn on or payable through or at an office of a bank; (2) a negotiable demand draft drawn on a Federal Reserve Bank or a Federal Home Loan Bank; (3) a negotiable demand draft drawn on the Treasury of the United States; (4) a demand draft drawn on a state government or unit of general local government that is not payable through or at a bank; (5) a United States Postal Service money order; or (6) a traveler's check drawn on or payable through or at a bank. The term check includes an original check and a substitute check.
- "Original Check" refers to the first paper check issued with respect to a particular payment transaction.
- "Substitute Check" refers to a paper reproduction of an original check that - (1) contains an image of the front and back of the original check; (2) bears a MICR line that, except as provided under ANS X9.100-140, contains all the information appearing on the MICR line of the original check at the time that the original check was issued and any additional information that was encoded on the original check's MICR line before an image of the original check was captured; (3) conforms in paper stock, dimension, and otherwise with ANS X9.100-140; and (4) is suitable for automated processing in the same manner as the original check.
- "Record" refers to a writing created, generated, sent, communicated, received, or stored by electronic means.
- "Electronic Check" refers to an electronic image of, and electronic information derived from, a paper check or paper returned check, respectively, that - (1) is sent to a receiving bank pursuant to an agreement between the sender and the receiving bank; and (2) conforms with ANS X9.100-187, unless the Board by rule or order determines that a different standard applies or the parties otherwise agree.
System Requirements. Online Services provides you with the convenience and flexibility to perform certain banking transactions and functions for designated Account(s) through internet access on your personal computer or via a wireless handheld device. You must meet the following minimum software and hardware requirements for each device you use to access Online Services:
a. An internet browser that supports 128-bit encryption, such as the latest versions of Internet Explorer, Firefox, Safari and Google Chrome;
b. A valid working email account and email reader software that permits you to receive, access and download Portable Document Format or “PDF” files, such as Adobe Acrobat Reader version 8.0 and above;
c. Access to a computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing Disclosures electronically;
d. Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
e. A printer capable of printing both text screens and material directly from your browser and email software;
f. Should you choose to access your Aspire Account through our Mobile App, you are responsible for obtaining, maintaining, and operating a mobile service (e.g., smartphone, or tablet) to achieve successful access.
. If you decide not to maintain such hardware and software, you may cancel Online Services at any time.
Account Access. You may access your Account(s) at our website, www.aspirebanking.com. www.aspirebanking.com. You must follow all necessary instructions and obtain your Login Credentials before gaining access to Online Services. We may also utilize unique identifying information to confirm your identity. Your Login Credentials are used to gain access to Online Services and should be kept confidential at all times. It is recommended that you change your Login Credentials through Online Services, or with the assistance of our customer service, as allowed by our security requirements. There may be additional or optional security measures instituted by us to ensure the security of Online Services.
Use of Personal Information. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.
Account Liability For Unauthorized Online Account Use. Subject to federal and state law and these Terms, you are liable for any transaction or function performed using Online Services, whether made by yourself or someone authorized by you using your Login Credentials. You agree to take all reasonable measures to protect the security of your Login Credentials.
Please refer to the Consumer Liability section of these Terms for our liability policy.
As a precaution, we recommend that you do not send emails or other electronic messages containing confidential account information. You agree to not leave any device unattended while logged into Online Services, and you should never share your Login Credentials with us or anyone else. You understand that we are entitled to act upon any instructions received under your Login Credentials; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your Account(s). If you have any concerns or suspicions that an unauthorized person has gained access to your Account through Online Services, we recommend that you change your Login Credentials if possible and notify us immediately.
Transactions and Functions of the Services. The transactions and functions available through Online Services may include, but are not limited to, the following:
- Transfer of funds between Accounts
- Transfer of funds between Accounts on a recurring basis
- Balance inquiry on each Account
- Request or retrieve a copy of a paid Check, paid share draft, or past statement on the Account
- Change the Account(s) and Access Information for Online Services
- Conduct secure email communication with us regarding Online Services
- The use of our Bill Pay Services
- The use of Mobile Banking services
The above transaction and function capabilities may be available, either all or in part, depending on the Account, customer type, or other Online Services limitations. We reserve the right to restrict the use of Online Services for any account type or to impose any other limitation or restriction on the use of Online Services.
Online Transaction Funding. In order for us to process an Online Services transfer request, the Account that you have designated for the debit must have sufficient funds to cover the transfer, including any overdraft protection plan coverage, and the funds must be considered available as described in our Funds Availability Policy Disclosure. Please refer to these Terms for any non-sufficient funds fee or other fee(s) that may be assessed. We are under no obligation to you when we have been unable to complete a transfer request due to insufficient or unavailable funds, or due to other circumstances out of our control, such as a system or power failure. If we are consistently unable to complete the requested transfer due to insufficient funds in the designated debit Account, then we reserve the right to cancel the transfer request and to review your Online Services privileges. If you have opted in to overdraft services, please refer to the Overdraft Services Consent Policy for any overdraft services policies related to funding your accounts and any overdraft fees.
Effective Timing of Transactions. Online Services are available at any time or day, unless the system is undergoing maintenance. The posting of Online Services transactions before midnight (12am) CST for internal transfers (between Aspire accounts) and 3:30pm CST for external transfers (to accounts at another financial institution) on a Business Day will post the same day and will be included in the available funds for the receiving Account. Transfers requested after midnight (12am) CST for internal transfers (between Aspire accounts) and 3:30pm CST for external transfers (to accounts at another financial institution) on a Business Day or requested on a non-Business Day will post on the following Business Day to the receiving Account and will be considered available funds on that day.
Canceling A Transfer. A one-time transfer is immediate and cannot be canceled. The deadline for canceling a recurring transfer request is 11:59pm CST of the scheduled date of transfer for Internal transfers and 11:59pm CST the day before the scheduled date of transfer for external transfers. If you have any questions or problems canceling the transfer, please contact us.
Cost of Service. Account transaction fees as stated in these Terms remain in effect and are not eliminated or changed with the use of Online Services. You have sole responsibility for any service fees you incur from your telephone, internet, or wireless service providers.
Bill Pay Services. You can access Bill Pay Services in the same manner that you access other Online Services by using your Login Credentials and meeting any other security measures that we may institute. You must indicate the Account that is to be considered the designated Account to be debited for your bill-paying activities. You may make an unlimited number of transfers or withdrawals from your Savings and Money Market Accounts.
In order to pay bills, you will need to create a list of payees, providing the information required to log and submit your payments accurately. We require at least one days as set-up time for Checks and online payments through Bill Pay Services. If we pay your bill by issuing a Check, we may, at our discretion, send the Check to the payee before the due date you selected. The payee may cash the Check before or after the selected due date. If your account has insufficient funds when the payee cashes the Check and we pay the item on your behalf, you will be responsible for paying the overdrawn balance, and we may charge you overdraft fees. Refer to the General Account Terms section for more information. If you fail to take into account our required set-up time and the payment is received by the payee after the due date, we are not responsible for any late charges or other actions that may be taken by the payee due to the late payment. Please make other payment arrangements for the payment that is due and set-up the next payment to that payee through Bill Pay Services.
We assume responsibility for all reasonable efforts to process your payments through Bill Pay Services in a timely and accurate manner. We accept no liability for any damages you may incur due to insufficient or unavailable funds in the designated Account that may adversely affect payment processing, any inaccuracies in the payee information supplied in regards to this payment, any mishandling or delay in posting by the payee or the payee's financial institution of account, or any system or postal delays or interruptions or any other circumstances out of our control, to the extent allowed by state and federal law and the provisions of these Terms. Also, contact us immediately if you suspect any security breach of your Login Credentials or any unauthorized activity using Bill Pay Service.
Canceling Bill Pay Services. You may cancel Bill Pay Services at any time by contacting us via phone, fax, or in any other form or manner acceptable to us. When not canceling in writing or in a Record to us, we may require a Record or writing confirming the Bill Pay Services cancelation. Be aware of any outstanding payments and make arrangements for future payments to the payees. When deleting specific payees only, you may individually delete that payee and retain the Bill Pay Services for any remaining payees.
Mobile Banking. Mobile Banking services refers to all financial services made available to you and which you may access through the use of a wireless handheld device or mobile phone, including but not limited to, viewing account balances, remote deposit capture, and text message banking.
Accessibility and Liability. Our Mobile Banking services are designed to be available 24 hours each day, 7 days per week. We do not warrant that Mobile Banking services will always function properly or that disruption or suspension of Mobile Banking services will not occur. You agree that we will not be liable for any loss, costs, damages, or expenses resulting from the interruption of Mobile Banking services. You also agree that these Mobile Banking services are separate from any services provided by your wireless service provider. Your wireless provider is responsible for any issues involving your handheld device, your internet access, or any other of its services and products you use to access Mobile Banking services. Standard data and messaging rates, short message service (SMS) fees, and other charges from your wireless provider apply when utilizing Mobile Banking services.
Mobile Devices. You are responsible for providing and maintaining your own wireless handheld device and for ensuring that it is compatible with Mobile Banking services. We are not responsible for any problems you may experience with your equipment or for any damage to your device from the use of Mobile Banking services. You understand that wireless devices may be subject to viruses, and we are not responsible for ensuring your device is protected from these viruses.
Transaction Limits. You acknowledge that we may limit the number and frequency of transactions conducted through Mobile Banking services and that we may also place limits on transaction and transfer amounts in our sole discretion.
Additional Mobile Banking Information.
Mobile Check Deposit Agreement
Definitions. “Carrier” means a network operator that provides the means to receive and transmit data using a Mobile Device. “Mobile Device” means any device equipped with the capability to meet the specifications required to access the Services and transmit data in electronic form to the Bank’s system. Mobile Device includes, but is not limited to, cell phones, smart phones, tablet or other device designed to transmit data over cellular or wireless internet systems. “Mobile Check Deposit Service” means all information, web-based services, technological infrastructure and installed software on Your Mobile Device which allow You to remotely perform banking activities, including but not limited to, submitting Checks for deposit through the internet, as well as the check processing services to be performed by US upon submission of Substitute Checks through the Mobile Check Deposit Service.
Eligibility. You must have Online Banking and Mobile Banking to access and use the Mobile Check Deposit Service.
Deposit Limits. We shall establish and assign deposit limits for Mobile Check Deposit Service (including limits on the dollar amount and/or number of checks that you may transmit through the Service each day) and may modify such limits from time to time in Our sole discretion, and you agree to comply with all such limits.
Current Mobile Check Deposit Limits:
Daily Limit: Maximum $2,500.00 per check and daily limit of $2,500.00 total and 5 checks
Monthly (rolling 30 day period) limit: Maximum of 20 checks and $5,000 total
Use. Under the terms and conditions of this Agreement, We grant You non-exclusive access through Your Mobile Device to the Mobile Check Deposit Service by means of a Carrier. By enrolling in the Mobile Check Deposit Service online, by telephone or in person or by utilizing the Service, We will treat it as authorization to provide the Service to You in accordance with the terms and conditions of the Agreements. By enrolling and/or utilizing the Service, You agree to make Your Designated Account accessed through the Mobile Check Deposit Service. You also agree that this Service is intended to be made available only to persons in the United States.
Termination. It is understood this Service may be modified or discontinued at any time. If in our sole discretion the Mobile Check Deposit Service is being misused or abused (as examples: duplicate items submitted for deposit or multiple chargebacks) We will terminate the Mobile Check Deposit Service. Any attempt to use the Mobile Check Deposit Service for fraudulent or illegal purposes will result in immediate termination. We may also terminate the Mobile Check Deposit Service for any reason if we determine that we may be at risk as a result of your use of Mobile Check Deposit Service. You may discontinue using the Mobile Check Deposit Service at any time.
Availability. The Mobile Check Deposit Service will be available twenty-four (24) hours a day, seven (7) days a week, subject to temporary interruptions for scheduled maintenance or system unavailability beyond Our control. Funds deposited using the Mobile Check Deposit Service will generally follow our funds availability policy. Please see the Funds Availability Disclosure provided at account opening for additional details. However, we may choose to delay availability of funds from any deposits made through Mobile Check Deposit Service at any time at our sole discretion. Mobile Check Deposits made on new accounts (less than 30 days old) will have a hold placed on the funds for at least 5 business days, however we may choose to delay the funds longer at our sole discretion.
Processing. We will process Checks that you submit and We receive through the Mobile Check Deposit Service. We receive the Checks once You have submitted the Checks properly and have received a confirmation or reference number through the Mobile Check Deposit Service. Checks must be submitted by You through the Mobile Check Deposit Service in accordance with our internal procedures and all state and federal laws during any Business Day, subject to a cutoff off time of 7pm CST (“Cutoff Time”). Checks received by us after the Cutoff Time or on a day that is not a Business Day will be processed and deposited on the next Business Day. It shall not be Our responsibility to examine checks to verify any data or dates but We may do so at any time for any purpose. We will process the Check according to the written amount shown on the Check, and We may correct the amount entered by You if We determine any error in the Check or the amount entered is an unambiguous error. If the Check is ambiguous, We will return the Check as an exception. Checks made payable to You or any reasonable derivation therof are acceptable for deposit. If a Check does not have the necessary information to be processed by Us then We will treat the Check as an exception. If a Check is treated as an exception, if will be forwarded by Us to You, and not deposited or otherwise reflected in Your Designated Account. We will disregard any notation on a Check containing “paid in full” or other restrictive notation, whether preprinted or handwritten, and treat any such Check as though such notation did not appear thereon. The place of deposit shall be Our main bank in Perryville, Missouri. We reserve the right to reject any Check or item deposited through the Service.
Fees. There is no fee for using the Mobile Check Deposit Service. We may add a fee or other charges for use of the Mobile Check Deposit if we provide you with written notice at least thirty (30) days before implementing the fee or additional charge and you agree that continued use of the Mobile Check Deposit Service will constitute acceptance of such fee or additional charge.
Check Requirements (including image quality). You must create an image of each Check that accurately represents all information on the front and back of the original Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governor of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check). The Check may be rejected as unreadable even if the Mobile Check Deposit Service transmits the image.
Endorsements. When using the Mobile Check Deposit Service, You agree to properly endorse the Check with the following: [Payee Signature] For Mobile Deposit Only [The Bank of Missouri], and submit only valid Checks payable to You. For a check payable to You and any joint owner(s) of Your Account, the Check must be endorsed by all such payees and You may only use Mobile Check Deposit to deposit such Check into an Account jointly owned by all such payees. If the Check is payable to You or Your joint owner, either of you can endorse it. If the Check is payable to You and any non-joint owner, You may not deposit the Check into Your Account using the Service. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by You will be Your responsibility.
Verification of Deposits. You are solely responsible for verifying the Checks that You deposit by using the Service have been received and accepted for deposit by Us. We will provide You with notice of any deposits that We are unable to process because Checks were returned unpaid by the payor financial institution. In the event that We credit your Account for a Check that is subsequently dishonored and returned, You authorize Us to debit the amount of such Check plus any associated fees from the Account. To the extent that funds in Your Account are insufficient to cover such amount, We shall debit the deficiency amount from any of Your other account(s) with US in our sole discretion. Our right to charge Your account(s) will apply without regard to whether the Check was improperly returned. You understand and agree that since the original Check is Your property, it will not be returned and We may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to Your Account. You further agree that any image that We charge back may be in the form of an electronic or paper reproduction of the original Check or a Substitute Check. You may not use the Service to deposit a Substitute Check and You may not deposit the original check through the Service or in any other manner if You receive a dishonored check. You agree to comply with any additional instructions We may provide You in connection with returned Checks.
Presentment of Check. Once You have used the Service to deposit a Check, You agree not to present or allow anyone else to present that original Check or a Substitute Check of that original Check again for deposit through the Service or by any other means. If You or anyone else presents a Check or Substitute Check for deposit more than once, in violation of this Agreement, You agree to indemnify, defend and hold the Bank harmless from third parties with respect to such Check or Substitute Check. You agree that We may debit from Your Account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in Your Account are insufficient to cover such amount, We shall debit the deficiency amount from any account(s) You have with Us in our sole discretion.
Your Liability. You are responsible for the activity performed through Online Services using your Login Credentials, including any activity performed by others who use your Login Credentials whether or not authorized by you. You also agree to review your Account activity online, through periodic statements or through the use of any other application. If you have any questions or concerns about any Online Services activity, you should contact us immediately.
You acknowledge that you do not own or have any proprietary rights to Online Services and any unauthorized reproduction in whole or in part is strictly prohibited. You agree not to use Online Services to conduct any activity that is illicit or illegal. You agree to comply with all applicable federal and state laws, Nacha, and these Terms in regards to these Online Services and any transaction or functions performed using these Online Services.
Our Liability. We are responsible for taking all reasonable measures to ensure that Online Services are available and functioning optimally, reserving the right to temporarily remove Online Services from access for maintenance or upgrades. We also accept responsibility to process any function or transaction requested by you through Online Services in a timely manner when submitted within these Terms.
The hardware and software specifications for these Online Services are located in the System Requirements section above. We accept no responsibility, and you agree to hold us harmless for any delay or inaccuracy of any transaction or function information due to an interruption or loss of communications in the service provided by your web browser, wireless provider, or your system hardware or software, to the extent allowed by state and federal law. We also accept no responsibility, and you agree to hold us harmless for any system virus or other system problem attributable to Online Services or to your internet or wireless service provider.
Canceling Service. You may cancel any or all of these Online Services at any time by contacting us. Upon cancelation, you agree to immediately discontinue any use of our Online Services, and you agree to remain liable for all transactions performed on your Accounts. We reserve the right to refuse your application for Online Services if your Accounts are not in good standing, and to suspend, restrict, or cancel your authorization to use Online Services at any time, at our discretion. We will take reasonable measures to reach you concerning the Online Service cancelation, but are under no obligation to provide you such notice. If Online Services are reinstated, these Terms will remain in effect.
Governing Law. The terms and conditions of this Agreement are subject to and governed by the laws of Missouri and federal law. The Accounts designated for access through Online Services continue to be governed under these Terms. We will notify you of any changes as required by law.
Severability. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of these Terms is found to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
Assignability. We may assign our rights and duties under these Terms to an affiliate or successor. You may not assign your right and duties under these Terms at any time.
No Waiver. You understand and agree that no delay or failure on our part to exercise any right, remedy, power, or privilege under these Terms shall effect or preclude our future exercise of that right, remedy, power, or privilege.