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Table of Contents
Frequently Used Phone Numbers
Deposit Account Agreement
Funds Availability Policy Disclosure
Substitute Check Policy Disclosure
Electronic Fund Transfer Disclosure and Agreement
RCB Bank Electronic Banking Agreement
Anytime Banker: 877.812.4663
Fraud Department: 877.361.0814
The account opening Disclosures include (if applicable); the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. The information found in any account opening Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other items change in a manner that would adversely affect you, we will provide you with written notice 30 days prior to the change. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.
THE BINDING ARBITRATION SECTION OF THIS AGREEMENT INCLUDES BINDING ARBITRATION PROVISIONS (WITH A CLASS ACTION WAIVER) THAT GOVERN HOW DISPUTES ARE RESOLVED BETWEEN US. BY CONTINUING TO BANK WITH RCB BANK AND AFTER RECEIVING THIS AGREEMENT, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN US VIA INDIVIDUAL ARBITRATION AND THAT OUR LIABILITY TO YOU MAY BE LIMITED.
Additionally, this Dispute Resolution Provision shall survive the closing of your account(s) with RCB Bank, the termination of your relationship with RCB Bank, and any bankruptcy proceeding(s) you may initiate or have involuntarily initiated against you, to the full extent permitted by applicable bankruptcy law and will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of the account that you have chosen. You acknowledge that is 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.
INDIVIDUAL. 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.
JOINT, TRUST, FIDUCIARY AND CUSTODIAL ACCOUNTS. You acknowledge that if your account is set up as a joint, trust, fiduciary or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature.
JOINT ACCOUNT. If this is a joint account, all deposits are the property of the person(s) indicated on the account and 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. Any person named on the account is liable for the amount of 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 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.
JOINT ACCOUNT WITH/WITHOUT RIGHT OF SURVIVORSHIP (SEE APPLICABLE STATE).
OKLAHOMA. If this is a joint account with right of survivorship, on the death of one of the account holders, that person's interest in the account immediately vests in the surviving joint account holder(s) as their separate property. If this is a joint account without right of survivorship and we receive written notice of the death of a joint account holder, we may freeze the account until we receive satisfactory evidence as to the disposition of the account.
KANSAS. If this account is noted as a joint account with right of survivorship (and not as tenants in common), on the death of one party to a joint account, all sums in the account on the death vest in and belong to the surviving party(ies) as his or her separate property and estate. In the event this account is designated as a joint account without right of survivorship (and as tenants in common) and we receive written notice of death of any person named on the account, we may freeze the account until we have received satisfactory evidence as to the disposition of the account.
IN TRUST FOR OR PAYABLE ON DEATH ACCOUNT (SEE APPLICABLE STATE).
OKLAHOMA. An In Trust For or Payable on Death account permits the trustee(s)/owner(s) ("owner(s)") to transfer the account to named beneficiaries upon the death of the owner(s), and the named beneficiaries may be changed at any time in a written form and manner acceptable to us. The owner(s) reserves the right to withdraw all or part of the account funds at any time. Beneficiaries are only entitled to account funds after all of the outstanding debits and items of the owner(s) have been paid.
When an In Trust For account, a withdrawal constitutes a revocation of the trust agreement as to the amount withdrawn. A beneficiary acquires withdrawal rights by surviving the owner(s). If all named beneficiaries predecease the owner(s), the title to the account funds shall vest in the owner(s). If two or more beneficiaries are named and survive the death of the owner(s), such beneficiaries will own this account in equal shares without right of survivorship, unless otherwise indicated.
When a Payable on Death account and only one (primary) beneficiary is named, the owner(s) may name contingent beneficiaries. If any named primary beneficiary is not living, the share of that beneficiary shall instead be held for or paid to the estate of that deceased beneficiary unless contingent beneficiaries have been designated. If the primary beneficiary predeceases the owner(s), when two or more contingent beneficiaries are named and survive the death of the owner(s), such beneficiaries will own this account in equal shares without right of survivorship, unless otherwise indicated. If the primary beneficiary predeceases the owner(s), when two or more contingent beneficiaries are named and survive the death of the owner(s), such beneficiaries will own this account in equal shares without the right of survivorship, unless otherwise indicated. Named beneficiaries are assumed to be primary unless indicated as contingent. Named beneficiaries are assumed to be primary unless indicated as contingent. Distribution of account funds shall be consistent with the provisions of Section 901 of Title 6 of the Oklahoma Statutes.
Changing of account terms at your death - If an interest bearing account and not claimed by your beneficiary(ies) within 60 days after the death of the last surviving account owner, or after we have notice of the death of the last surviving account owner, then we may change to a non-interest bearing account.
KANSAS. If this account is noted as an In Trust For or Payable on Death account, the trustee(s) may change the named beneficiary(ies) at any time by a written direction to us. The trustee(s) reserves the right to withdraw all or part of the deposit at any time. Such payment or withdrawal shall constitute a revocation of the trust agreement as to the amount withdrawn. The beneficiary(ies) acquires the right to withdraw only if: (i) all of the trustees die, and (ii) the beneficiary is then living. The beneficiary(ies) is only entitled to the amount that is in the trust after all of the trustee's(s') outstanding debits and items have been paid. If all of the beneficiaries predecease the trustee(s), the named beneficiary's(ies') death shall terminate the trust and title to the money that is credited to the trust shall vest in the trustee(s).
If two or more beneficiaries are named and survive the death of all of the trustees, such beneficiaries will own this account in equal shares without right of survivorship, unless otherwise indicated. When a Payable on Death Account and only one (primary) beneficiary is named, the owner(s) may name contingent beneficiaries. If the primary beneficiary predeceases the owner(s), when two or more contingent beneficiaries are named and survive the death of the owner(s), such beneficiaries will own this account in equal shares without right of survivorship, unless otherwise indicated. Named beneficiaries are assumed to be primary unless indicated as contingent.
CUSTODIAL ACCOUNT. A custodial account is subject to applicable law as adopted by the state in which the account is opened. The documents that authorize the custodianship may be required for the account. An account opened under the Uniform Transfers/Gifts to Minors Act must be opened in the name of a custodian "as custodian for (name of minor) under the Uniform Transfers to Minors Act". There may be only one custodian and one minor as beneficiary for each minor account.
MINOR'S ACCOUNT (OKLAHOMA). If a minor is the sole and absolute owner of the account, we may pay checks and withdrawals and otherwise act with respect to the account on the order of the minor. A payment or delivery of rights to a minor who holds an account evidenced by a receipt or acquittance signed by the minor discharges us to the extent of the payment made or rights delivered. A parent or legal guardian of the minor may deny the minor's authority to control, transfer, draft on, or make withdrawals from the minor's account by notifying us in writing. Upon our receipt of such notice, the minor may not control, transfer, draft on, or make withdrawals from the account during minority except with the joinder of a parent or legal guardian of the minor.
GENERAL RULES. The following rules apply to all types of accounts:
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.
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 a 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."
STALE OR POSTDATED CHECKS. We reserve the right to pay or dishonor a check more than 6 months old without prior notice to you. If the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.
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 or other item from you.
CHECK SAFEKEEPING. If you utilize a check safekeeping or any other system offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or as required by law. Any request for a copy of a check may be subject to a fee as indicated in the Fee Schedule or Disclosures and as allowed by law. If for any reason we cannot provide you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the actual damages sustained by you.
YOUR RESPONSIBILITY FOR BACK OF CHECK(S). 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, or on any check issued by you, must be placed on the left side of the check when looking at it from the front, and must be placed so as to not go beyond an area located 1-1/2 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.
ELECTRONIC CHECKS AND ELECTRONICALLY-CREATED ITEMS. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check 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 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 check(s). An electronic check can be used to create a substitute check since the electronic image and electronic information was derived from its paper form.
REMOTE DEPOSIT CAPTURE. Remote deposit capture ("RDC") allows you to make deposits to your account from remote locations by electronically transmitting digital images of your original paper checks, which are drawn on or payable through United States financial institutions in United States dollars to us. We may then use the digital image to create an electronic check or substitute check for collection. If you use our RDC services, if applicable, we may require you to endorse the back of the paper check to indicate that it has been remotely deposited. For example, "for mobile deposit only" or “for mobile deposit at RCB Bank only.”
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 payor. And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe that the item is fraudulent in any manner, and to obtain from you the payor's express, verifiable authorization for any such check.
WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms of our Disclosures. Withdrawals may be subject to a service charge.
DEPOSITS. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may, in our sole discretion, refuse to accept particular instruments as deposits to your account. Cash deposits are credited to your account according to this Agreement. 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 and adjust any interest earned. 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 the collection of any or all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit accounts, 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 clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.
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. If your account is a statement account, 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 holder who receives this statement is the agent for his/her co-account holder(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 reasonable care. However, if the discrepancy is the result of an electronic fund transfer, the provisions of our Disclosures 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 your statements and you supply us with a proper address.
ELECTRONIC STATEMENTS AND NOTICES. You may have the option to have statements and notices regarding this account provided to you in an electronic form, to a designated e-mail address, upon your authorization. The authorization may be withdrawn at any time to return to a mailed paper form by providing written notice to us at the address provided. The fees for receiving in either form, and for receiving paper copies, are described in your Disclosures. You may also call us or come by any branch during business hours if you wish to withdraw or change your statement election.
ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted by the state in which the account is opened (Oklahoma or Kansas). 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 the state where we are located.
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 must 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 any of the authorized signers of the account regardless of who signed the check . We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received 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 must 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 with 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 Fund Transfer Act (Regulation E), Nacha Operating Rules, and any applicable state law.
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 the 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 icompetence and have a reasonable opportunity to act on it. To the extent permitted by law, even with the knowledge, we may for 10 days after the death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming interest in the account.
NON-SUFFICIENT FUNDS AND OVERDRAFTS.
HOW WE DECIDE TO PAY AN ITEM OR DEBIT - AVAILABLE BALANCE. 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 not posted to your account, including the following: checks you have written, 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.
HOW WE ASSESS FEES - ACTUAL (LEDGER) BALANCE. If there are insufficient funds to pay a debit transaction or item based on your actual (ledger) balance, we may either: 1) return the debit or item or 2) pay the debit or item at our discretion. We may charge you fees if we return the debit or item or pay the debit or item on your behalf.
RETURN ITEM FOR NON-SUFFICIENT FUNDS. If we do not pay the debit transaction or item on your behalf and return the debit or item, we may charge you non-sufficient funds fees. Pursuant to Nacha Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you non-sufficient funds fees for each resubmission of a debit or re-presentation of an item, which means you may incur multiple non-sufficient funds fees if a debit or item is returned more than one time. For example, you write a check from your account with us. The check is returned for non-sufficient funds, and we may charge you non-sufficient funds fees. The same check is then re-presented to us for payment, and the check is returned again for non-sufficient funds. We may charge you non-sufficient funds fees the second time the check is presented for payment and returned for non-sufficient funds.
OVERDRAFTS. If we pay the debit transaction or item on your behalf, you will be responsible for the overdrawn balance, and we may charge you overdraft fees.
As discussed above, subsequent pending transactions and holds impact both your available and ledger balance, which may cause your account to become overdrawn and subject to overdraft fees. For example, you have $100 in your account. You use your debit card at a gas station and a preauthorization hold of $1 is placed on your account because the amount of the transaction is not known at the time of authorization and your gas was $50. The authorization hold reduces your available account balance to $99. You then spend $75 on groceries. If we pay this debit on your behalf, you will be responsible for paying the overdrawn balance , and we may charge you overdraft fees (example: $100 balance minus $75 grocery transaction, minus the $50 gas transaction, resulting in an overdraft ledger balance of -$25.00).
PROCESSING ORDER. We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for the debits and credits in the order that they are processed, we may charge you non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.
SIGNATURES. Your signature on the Account Information document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means (including facsimile signature(s)) may have been affixed so long as they resemble the signature specimen in our files. For withdrawal and for 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 instruction is not genuine.
If your items are signed using any facsimile signature or non-manual form of signature, you acknowledge that it is solely for your benefit and convenience. You agree that no facsimile signature you have authorized us to honor may be considered a forgery or an unauthorized signature, and that every authorized facsimile signature shall be effective as the signatory's own original, manual signature. You accept sole responsibility for maintaining security over any device affixing the signature as such signature will be effective regardless of whether the person affixing it was authorized to do so. Your authorization notwithstanding, we are not obligated to accept or pay any items bearing facsimile signatures.
Further, most checks, drafts, orders, or 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 checks, drafts, orders, or other items for more than one signer, you agree that we are acting within common and reasonable banking practices by automatically processing these items. 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, balance/deposit requirements as provided in the Disclosures provided to you at the time you opened the account. Fees, charges and balance reuirement 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 INTEREST. 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 this Agreement (by which you grant us a security interest in your deposit 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. 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 holders. 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 the Disclosures.
DORMANT/INACTIVE ACCOUNTS. You understand that if your account is dormant or inactive, you may be charged the fee specified in the Disclosures to the extent permitted by law. You agree that we are relieved of all responsibility if your account balance is escheated (that is, turned over to the state) in accordance with state law.
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 may incur as a result of any dispute involving your account, and you authorize us to deduct such loss, costs or expenses 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 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 you 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 under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.
YOUR WAIVER OF NOTICE. By signing the Account Information form, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account to the extent permitted by law. 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, the death of an account holder 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 on 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.
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 holders. We will notify you of required amendments by giving you thirty (30) days' notice by U.S. Postal Service or electronically addressed to you at the address shown on our records, or as otherwise required by applicable law as stated above.
APPLICABLE LAWS AND REGULATIONS. You understand that this Agreement is governed by the laws of the state in which the account is opened (Oklahoma or Kansas) unless federal law is controlling. Changes in these laws may modify the terms and conditions of your account(s). We do not have to notify you of these changes, unless required to do so by law. If any of the terms of this Agreement come into conflict with the applicable law and are declared to be invalid or unenforceable, those terms 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.
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.
BINDING ARBITRATION SECTION
WAIVER OF JURY TRIAL; JURISDICTION; VENUE; LIMITATION ON DAMAGES.
By signing the Account Information/Signature Card and/or by continuing to bank with RCB Bank, and as part of the consideration in opening or in continuing to utilize the Account, you and RCB Bank jointly waive unconditionally the right to trial by jury involving any disputes directly or indirectly concerning the account. You and RCB Bank agree that any litigation involving the account which is not compelled to arbitration because of a decision by a Court or by an arbitrator will be brought exclusively in a state or federal district court in Oklahoma unless otherwise agreed to by the parties. You agree, in any proceeding against RCB Bank, that punitive, exemplary, and consequential damages will not be available; instead, any damages will be limited to those measured by the prevailing party's actual damages, except as may be required by statute.
DISPUTE RESOLUTION PROVISION, INCLUDING AGREEMENT TO ARBITRATE and CLASS ACTION WAIVER.
We strive to ensure that at all times, you and the bank have a positive and mutually beneficial relationship. There are, however, some instances in which we may unfortunately be unable to resolve an issue that arises between us. This provision of the Agreement sets forth the procedure pursuant to which we have agreed to resolve any such Disputes, as the term is defined below.
For purposes of this Agreement and this Dispute Resolution Provision, the term Disputes means, without limitation, any controversy, claim, demand, cause of action of any kind, request for relief, or asserted right advanced pursuant to any theory, statute, regulation, or law, whether legal or equitable, whether in contract, tort, or otherwise, that arises out of or in any way relates to the dealings between you and RCB Bank. Such dealings include, but are not limited to this Agreement, any prior Agreements between you and RCB Bank, your account(s) with RCB Bank and any activities thereon, any feature or service provided to you by RCB Bank, your use of RCB Bank software, websites, and/or smartphone apps, any fees RCB Bank has or might charge you, the circumstances leading up to you becoming an RCB Bank customer and/or the termination of that relationship, as well as all other aspects of your relationship with RCB Bank whether such dealings occurred prior to or after your receipt of this Agreement and your continued relationship with RCB Bank. Any issues regarding the scope of this Dispute Resolution Provision, regarding whether the Dispute Resolution Provision is enforceable in specific situations, or regarding threshold issues, sometimes referred to as “arbitrability” issues, will be decided by the arbitrator. This all means that the term Disputes has its greatest possible meaning and that the scope of arbitration put in place has its greatest possible breadth.
For purposes of this Dispute Resolution Provision only, “we,” “our,” and “us” includes RCB Bank, its employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors and assigns, and all third parties who are regarded as agents or representatives of us in connection with a Dispute. If we assign your account to a third party, then “we” includes that third party too. For purposes of this Dispute Resolution Provision only, “you” includes the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account who asserts the existence of a Dispute.
All Disputes, including, but not limited to any controversy regarding the arbitrability of any claim(s) or causes of action asserted by any party, i.e., any controversy related to the making of this Agreement, its existence, validity, and/or enforceability, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) if either you or us exercise the right to require arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. That means that if we request that a Dispute be resolved by arbitration but you do not also exercise your arbitration right, the Dispute will be arbitrated. The AAA may be contacted via www.adr.org. If the AAA is unable to administer the arbitration, the arbitration shall be administered by such other administrator that you and we agree to or, if we cannot agree, an administrator selected by a court.
You or we may elect arbitration by providing written notice to the other. If we elect to arbitrate, we will send notice to the AAA and to the postal address in your account record. If you elect to arbitrate, send written notice to the following address, as well as to the AAA:
Attn: Control Services
Arbitration Agreement & Class Action Waiver
PO Box 189
Claremore, OK 74018
Still, either party may initiate a small claims court proceeding, provided the Dispute is properly subject to the jurisdiction of a small claims court and the party asserting such a Dispute agrees not to seek an amount more than may be awarded by the small claims court. Such a Dispute may be asserted only individually—meaning on a non-class and non-representative basis. If a Dispute originally brought in small claims court is transferred to a different or higher court, or if a new claim is asserted after the initial filing of such litigation, you or we will have the right to require that the Dispute be arbitrated. Additionally, RCB Bank may, at its discretion, interplead funds in your account(s), whether involved in a Dispute or not, into court. And finally, nothing in this Dispute Resolution Provision shall limit the right of any party to exercise self-help remedies, such as set-off or repossession, or to obtain provisional remedies. Neither our mutual right to, if appropriate, initiate a small claims proceeding, nor our mutual right to seek self-help and/or provisions remedies, nor our right to, where appropriate, interplead funds into court, shall constitute a waiver of any of the other provisions of this Agreement and/or this Dispute Resolution Provision.
You agree that any Dispute between you and RCB Bank must be resolved by you in your individual capacity, and not as a plaintiff or class member in any purported class, collective, multi-plaintiff, private-attorney-general, or other representative proceeding. There shall be no right or authority for any Dispute between the parties to be arbitrated on a class-wide basis.
For the avoidance of doubt, you expressly acknowledge that, subject to the foregoing exceptions, by continuing to bank with RCB Bank after having received this Agreement and this Dispute Resolution Provision, you knowingly waive both: (a) any right to have a court adjudicate any Dispute between you and RCB Bank; and (b) any right to have any Dispute between you and RCB Bank resolved in any purported class, collective, multi-plaintiff, private-attorney-general, or other representative proceeding.
Disputes shall be heard by a single arbitrator who is an attorney or a former judge and who is selected according to the rules of the arbitration administrator. Arbitration for claims of $10,000 or less may, at your election, be conducted via videoconference or without a hearing on written submissions only made by both you and us. Otherwise, the place of arbitration shall be Claremore, Oklahoma, the city of the nearest branch to your current residence (if you elect such an arbitration location instead of Claremore), or another location agreed to by the parties, and the claims asserted shall be governed by the laws of the State of Oklahoma, except that the Federal Arbitration Act (9 U.S.C. §§1-16, the “FAA”) shall apply to all questions arising under the FAA and federal law shall apply to all questions of federal law. This Agreement is, however, a contract in interstate commerce and thus this Dispute Resolution Provision are governed by the FAA. You and We agree to exchange such non-privileged information as the Arbitrator shall require.
The arbitrator has authority to award any relief, including injunctive relief, which is available under applicable law. The arbitrator’s award shall be final and binding on you and us, except via any appeal right provided by the FAA. The arbitrator’s award must include concise written reasons for the decision, and any disagreement about the form of the award will be decided by the arbitrator. Any filing fees or other costs for an appeal to a court which are allowed by the FAA will be paid by the appealing party.
In the event there is any conflict between the terms of this Agreement or this Dispute Resolution Provision and the terms of the AAA’s rules or procedures, the terms of this Agreement and this Dispute Resolution Provision shall control.
If a court of competent jurisdiction or abitrator determines that any part of this Agreement and/or this Dispute Resolution Provision is for any reason unenforceable, you and RCB Bank agree that such provision(s) shall be severed from this Agreement and that all remaining provisions will remain of full force and effect. If this entire Dispute Resolution Provision is deemed invalid or unenforceable, then this Dispute Resolution Provision shall be of no effect for the particular Dispute at issue only, and the class-action waiver included herein shall still be in full effect. However, if a court of competent jurisdiction or arbitrator determines that the class-action waiver included herein is unenforceable, this entire Dispute Resolution Provision shall be of no effect for the particular Dispute at issue only, and the dispute shall proceed in court only, not in arbitration.
Except where otherwise provided in this Dispute Resolution Provision, the expenses of the arbitrator and of the arbitration administrator will be paid by us, and we will reimburse you for the initial arbitration filing fee upon our receipt of your proof of payment of the same provided that arbitration has been initiated in good faith and in an individualized proceeding according to all terms on this Dispute Resolution Provision. Unless applicable laws, rules, or procedures state otherwise, and unless the arbitrator decides otherwise, you will be required to pay for your own attorneys, expert witnesses, and witness fees involved in arbitration, as well as travel costs or other expenses incurred in presenting your position to the arbitrator. Under no circumstances will you be required to pay our attorneys, expert witnesses, and witness fees involved in arbitration, as well as travel costs or other expenses incurred in presenting our position to the arbitrator. Additionally, the arbitrator may impose expenses, including reimbursement for attorneys’ fees, on a party as a sanction to the extent allowed by the rules of the administrator and applicable state and federal law.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, except as may be necessary to prepare for or conduct the arbitration hearing or to enforce the arbitration award.ACCOUNT SPECIFIC PROVISIONS. In addition to the General Rules, the following rules apply to specific types of accounts:
MONEY MARKET AND SAVINGS ACCOUNTS
CERTIFICATES OF DEPOSIT/TIME DEPOSIT ACCOUNTS
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WHAT DOES RCB BANK DO WITH YOUR PERSONAL INFORMATION?
|Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.|
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
- Social Security number and account balances
- Payment history and transaction history
- Assets and retirement assets
When you are no longer our customer, we continue to share your information as described in this notice.
|All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons RCB Bank chooses to share; and whether you can limit this sharing.|
Reasons we can share your personal information
Does RCB Bank share?
Can you limit this sharing?
For our everyday business purposes--
For our marketing purposes--
For joint marketing with other financial companies
We don't share
For our affiliates' everyday business purposes--
For our affiliates' everyday business purposes--
We don't share
For our affiliates to market to you
We don't share
For nonaffiliates to market to you
We don't share
|Call toll-free (855) 226-5722 or go to www.RCBBank.bank|
What we do
How does RCB Bank protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does RCB Bank collect my personal information?
We collect your personal information, for example, when you
Why can't I limit all sharing?
Federal law gives you the right to limit only
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
|Account Reconciliation and Research (per hour)||$20.00|
|Account View CD-ROM Annual (per year)||$50.00|
|Account View CD-ROM Monthly (per month)||$25.00|
|Account View CD-ROM Quarterly (per quarter)||$25.00|
|ACH Origination Transfer Fee (per item)||$2.00|
|ACH Recovery Fee- final fee will be the greater of the two fees listed||3.000% of recovered funds or $300|
|Annual Debit Card Fee||$0.00|
|Bank to Bank (per inbound transfer- from another bank)||$0.00|
|Bank to Bank (per outbound transfer- to another bank)||$0.00|
|Bill Payment Option 1- Elects eStatement, first 12 Bill Pay items per month are free. The 13th and each additional item will incur a per item fee||$0.75|
|Bill Payment Option 2- Elects paper statement, first 7 Bill Pay items per month are free. The 8th and each additional item will incur a per item fee||$0.75|
|Bill Payment Option 3- Unlimited Bill Pay items (per month)||$5.95|
|Bounce Paid Item Fee (per item and per presentment)||$32.00|
|Cashier's Check- Customer||$5.00|
|Cashier's Check- Non Customer (replacement check only)||$10.00|
|Closed Account Processing Fee||$5.00|
|Coin Counting (non-customer)||5.000% of total or $5.00 whichever is greater|
|Collection Item (incoming/outgoing)||$20.00|
|Debit Card Express Mail Fee (Card)||$75.00|
|Debit Card Replacement Fee||$5.00|
|Debtor-in-Possession Account Set Up Fee||$50.00|
|Deposit Item Returned or Reprocessed||$4.00|
|Dormant Account Fee- Checking assessed monthly||$10.00|
|Dormant Account Fee- Savings assessed quarterly||$10.00|
|Fax or Copy Service (per page)||$1.00|
|Fraud Recovery Fee- final fee will be the greater of the two listed||3.000% of recovered funds or $300.00|
|Garnishment/Levy Processing Fee||$15.00|
|instaPay - use mobile app to send payment using debit card (per occurrence)||$1.00|
|Insufficient (NSF) Return Item Fee (per item and per presentment)||$32.00|
|Mobile Deposit- Commercial- Monthly Fee with eStatement||$0.00|
|Mobile Deposit- Commercial- Monthly Fee with paper statement||$2.00|
|Mobile Deposit- Commercial- per deposit||$0.75|
|Mobile Deposit- Consumer- with eStatement||$0.00|
|Mobile Deposit- Consumer- with paper statements (per month)||$2.00|
|my Finance- Online Financial Management (per month)||$2.00|
|NetTeller Online Banking||$0.00|
|Night Depository Lock Bags (per bag)||$25.00|
|Non-Customer Check Cashing Service||2.000% of check amount|
|Non-RCB Bank ATM Transaction- Only the ATM Terminal Fee will be charged||$0.00|
|Notary Service (per item)||$5.00|
|Overdraft Paid Item Fee (per item and per presentment)||$32.00|
|Overdraft Protection Sweep (per daily transfer)||$5.00|
|RCB Bank ATM Terminal Transaction||$0.00|
|RCB Bank Zipper Deposit Bag (not locking/per bag)||$5.00|
|Rejected Checks Ordered From Independent Printer (per item)||$0.50|
|Research Copies (per page)||$2.00|
|Safe Deposit Box Rental Rates and Sizes vary by branch. Visit or contact your local branch for details and availability. Auto debit from RCB Bank account is required.|
|Safe Deposit Box- Drill Fee||$175.00|
|Safe Deposit Box- Key Deposit||$10.00|
|Safe Deposit Box- Lost Key Charge||$20.00|
|Safe Deposit Box- Past Due Rental Fee (assessed 30 days after due date)||$5.00|
|Statement Fees- Commercial Paper Statement Fee includes images (per month/per account) *||$5.00|
|Statement Fees- Consumer Paper Statement Fee includes images (per month/per account) *||$2.00|
|Statement Fees- Special Request Statement||$2.00|
|Statement Fees- Special Statement Mailing Annual Fee (per year/per account)||$10.00|
|Statement Fees- Special Statement Mailing Monthly Fee (per month/per account)||$5.00|
|Statement Fees- Temporary/Duplicate Statements (per occurrence)||$2.00|
|Stop Payment Fee (per item and per presentment)||$32.00|
|Temporary Checks (set of 12)||$5.00|
|Text Banking- Commercial||$0.00|
|Text Banking- Consumer||$0.00|
|Wire Transfer Fee- Domestic Incoming||$10.00|
|Wire Transfer Fee- Domestic Outgoing||$15.00|
|Wire Transfer Fee- International Incoming||$10.00|
|Wire Transfer Fee- International Outgoing - COMMERCIAL ACCOUNTS ONLY||$50.00|
|(a)||if we believe a check you deposit will not be paid;|
|(b)||if you deposit checks totaling more than $5,525 on any one day;|
|(c)||if you redeposit a check that has been returned unpaid;|
|(d)||if you have overdrawn your account repeatedly in the last six months; or|
|(e)||if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment.|
• U.S. Treasury checks**
• U.S. Postal Service money orders**
• Federal Reserve Bank or Federal Home Loan Bank checks**
• State or Local Government checks**
• Cashier's, Certified, or Teller's checks**
• Traveler's Checks**
• checks drawn on us
U.S. Treasury Checks. These checks must be made payable to you and deposited into your account.
U.S. Postal Service Money Orders; or Federal Reserve Bank or Federal Home Loan Bank Checks. These checks must be made payable to you, made in person to one of our employees, and deposited into your account. State or Local Government Checks; Cashier's, Certified, or Teller's Checks; or Traveler's checks. These checks must be made payable to you, made in person to one of our employees, deposited into your account, and you use a special deposit slip available from SPECIAL DEPOSIT SLIPS ARE NOT AVAILABLE.
Phone at: (855) 226-5722
write to: RCB Bank, Attention: Deposit Operations, PO BOX 189, Claremore, OK 74018
|•||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.|
|•||You may withdraw cash from your checking account(s), savings account(s), and money market account(s).|
|•||You may make deposits into your checking account(s), savings account(s), and money market account(s).|
|•||You may transfer funds between your checking and savings accounts, checking and money market accounts, and savings and money market accounts.|
|•||You may make balance inquiries on your checking account(s), savings account(s), and money market account(s)..|
|•||You may withdraw cash from your checking account(s), savings account(s), and money market account(s).|
|•||You may make deposits into your checking account(s), savings account(s), and money market account(s).|
|•||You may transfer funds between your checking and savings accounts, checking and money market accounts, and savings and money market accounts.|
|•||You may make balance inquiries on your checking account(s), savings account(s), and money market account(s).|
|•||You may use your card at any merchant that accepts Visa® debit cards for the purchase of goods and services.|
|•||PIN-LESS DEBIT TRANSACTIONS - Visa®. When you use your card on the TransFund, FIS, or Pulse network(s) the transaction may be processed as a debit transaction without requiring PIN authentication ("PIN-less"). Transactions that are completed as PIN-less debit transactions will not be processed by Visa® and may post to your account as an ATM or Debit transaction rather than a Visa® purchase. The provisions of the Visa® cardholder agreement that relate only to Visa® transactions are not applicable to non-Visa® transactions. Transactions completed as PIN-less debit transactions include, but may not be limited to, government payments, utilities, and property management fees.|
NETWORK. 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.
You may access your ATM Card or Debit Card through the following network(s): TransFund, FIS, Pulse, or VISA/Plus Network.
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.
|• Debit Card: checking account.|
IMPORTANT ADDITIONAL FEE NOTICE. Visa® charges an International Service Assessment Fee on ALL international transactions; including internet transactions made in the U.S. but with a merchant that processes the transaction in a foreign country. Therefore, ALL transactions completed with your Visa ® card will be subject to an International Service Assessment (ISA) Fee of 1.0% of the transaction amount when there is a currency conversion. Further, even if there is no currency conversion (the transaction is completed in the same currency as your country as cardholder), the ISA Fee will be 1.0% of the transaction amount.
RCB Bank does not determine the currency conversion rate or the amount of the transaction in U.S. dollars. Your account will be charged the transaction amount as determined by Visa®, plus the 1.000% currency conversion fee.
|•||You may initiate transfers of funds between your checking and savings accounts, checking and money market accounts, and savings and money market accounts.|
|•||You may make balance inquiries on your checking account(s), savings account(s), and money market account(s).|
• You may activate or cancel your card
• You may change your PIN number
|•||You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), and money market account(s).|
|•||You may arrange for the preauthorized automatic payments or other transfers from your checking account(s), savings account(s), and money market account(s).|
|CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $750.00 through use of ATMs in any one day.|
CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $750.00 through use of ATMs in any one day.
POINT OF SALE LIMITATIONS. You may buy up to $2,500.00 worth of goods or services in any one day through use of our Point of Sale service.
|•||The terms of your account(s) 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.|
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 ATM Card or 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.
OTHER RIGHTS TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS. We may charge a fee for any Stop Payment Orders placed on your account. Please refer to the Fee Schedule for Stop Payment Fee specifics. When a Stop Payment Order is on a consumer account EFT debit transfer, a Stop Payment Order 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.
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:
• the person or company making the deposit will tell you every time they send us the money.
• you can call us at (855) 226-5722 to find out whether or not the deposit has been made
|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: (855) 226-5722
write to: RCB Bank, Attention: Call Center, P.O. Box 189, Claremore, OK 74018
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 may 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 days prior to the payment date of the amount to be deducted. 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.
call us at: 1-877-361-0814 (Monday through Friday from 8:00 a.m. to 6:00 p.m. and on Saturday and Sunday from 8:00 a.m. to 8:00 p.m., excluding federal holidays)
write to: RCB Bank, Attention: Fraud Dept, P.O. Box 189, Claremore, OK 74018
call us at: (877) 361-0814 Mon-Fri 8am-6pm and Sat-Sun 8am-8pm Closed on Federal Holidays
write to: RCB Bank, Attention: Call Center, P.O. Box 189, Claremore, OK 74018
|•||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.|
PERIODIC CHARGE. We may charge you a fixed monthly or annual charge for the additional services available to you through your ATM Card or Debit Card or otherwise. See the applicable Fee Schedule to determine the amount of the charges.
FEES. You may be charged a fee for withdrawals of cash under certain circumstances, whether they take place at proprietary machines or through a network or are Point of Sale transfers or transfers made without the use of your ATM Card or Debit Card. The circumstances under which such charges will be assessed, as well as the amount of the charge, are included in the current Fee Schedule, which is hereby incorporated into this document.
Fee Schedule. The Fee Schedule referred to above is being provided separately and is incorporated into this document by reference. Additional copies of the schedule may be obtained from RCB Bank upon request.
PREAUTHORIZED TRANSACTIONS. There are no additional charges for your use of preauthorized electronic fund transfers except as stated in our Fee Schedule, which is incorporated into this document by reference.
CARD REPLACEMENT FEE. We may charge a fee to reissue or replace your ATM or Debit card.
OVERDRAFT FEE. If you opt-in to enhanced bounce protection, we will charge your account for each item presented against insufficient funds on your account (excluding any overdraft limit). This fee may be charged for an ATM or Debit card transaction even when it was preauthorized against sufficient funds in the account at the time of withdrawal or purchase.
Please see the Fee Schedule for specific fee amounts.
This Agreement is a contract that establishes the rules that cover your electronic usage and access to your account(s) at RCB Bank through Online and Mobile Banking, as well as other ancillary services offered by RCB Bank incorporated into this Agreement. By using electronic banking services, such as Online Banking, whether by accessing via computer and/or mobile device (smart phone/device, tablet, etc.) or Text Banking, you accept all the terms and conditions of this Agreement. Please read it carefully and keep it for future reference. You agree to be bound by this Agreement, as well as any other agreements, disclosures, rules or notices relating to electronic banking and any other account or loans as may be posted on RCB Bank’s website or otherwise made available to you, as applicable, and as amended from time to time. If you do not agree to be so bound, you may not use electronic banking. The Agreement amendments, notices, periodic statements and other communications may be provided to you in electronic format if you have authorized that format of delivery. We recommend that you print or store a copy of this Agreement for your records. If you are unable to print or store a copy of this Agreement or if you experience computer or printer malfunctions, please call us and we will mail you a paper copy of this Agreement. If you have any questions about this Agreement, please contact us at 855-226-5722 prior to acceptance.
ONLINE & MOBILE BANKING
SYSTEM ACCESS REQUIREMENTS
Online Banking provides you with the convenience and flexibility to perform certain banking transactions and functions for the designated Account(s) through Internet access on your personal computer or mobile device. Your equipment should have the following features for the best use for this service:
|•||Personal Computer ("PC") – or Apple-compatible computer.|
|•||Apple or Android mobile device, if using RCB Bank's Mobile apps.|
|•||Sufficient memory on your personal computer and mobile device(s).|
|•||A printer or sufficient memory available on your computer to save copies of retrieved documents or communications.|
|•||Internet access and Internet browser that meets the following requirements:
|•||Cash Management customers are required to have either a Token app on their mobile device or a hard token to access Online Banking if moving funds outside the bank.|
We will provide you with the necessary instructions, including your personal Access Information, to access our Online Banking. We may also utilize identifying information to confirm your identity. For security purposes, you are required to change your password upon initial login to Online Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to Online Banking will be revoked. To re-establish your authorization to use Online Banking, you must contact us to have your password reset. You may establish a password reset question and answer upon login in order to be able to reset your password yourself. Neither RCB Bank nor any of its service providers will ever ask you for your password and you should never give it to anyone else. We recommend that you create a password that utilizes upper and lower case alpha characters, numbers and special characters for security purposes. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down. You agree that the use of passwords constitute a reasonable security procedure for the verification of the authenticity and accuracy of transactions initiated through Online Banking. Subject to federal and state law and the terms and conditions of this Agreement, you authorize RCB Bank and our service providers to rely and act upon any transactions or inquiries initiated through Online Banking using passwords and agree to be responsible for any such transaction or inquiry that is processed in good faith whether made by you or someone authorized by you, using your Access Information. You agree to take all reasonable measures to protect the security of your Access Information.
As a precaution, we recommend that you not send email(s) containing confidential Account Information. Also, do not leave your computer while Online Banking is active and logged in, and be sure to close your browser completely when signing off. If you have any concerns or suspicions that an unauthorized person has gained access to your account through Online Banking, we recommend that your change your Access Information if possible and immediately contact our Customer Service. The contact information for Customer Service for security issues is provided below.
PO Box 189
Claremore, OK 74018-0189
8:00 am – 6:00 pm Monday – Friday
8:00 am – 4:00 pm Saturday
Excluding Federal Holidays
There may be additional or optional security measures instituted by us from time to time, as we determine necessary to ensure the security of this service.
You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your periodic statement for each of your RCB Bank accounts as soon as received. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your Social Security number and driver’s license number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your login ID and password plus the security questions presented as challenges when Online Banking does not recognize your login behavior as fitting your normal pattern, are designed to provide security against unauthorized entry and access to your accounts. Data transferred from Online Banking is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers using RCB Bank’s Online Banking, or email transmitted to and from us, will not be monitored or read by others. You agree not to give or make available your password or other means to access your account to any unauthorized individuals. If you permit other persons to use your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been stolen or lost or that someone may attempt to use Online Banking without your consent or has transferred money without your permission, you must notify RCB Bank immediately by contacting us at 855-226-5722 during customer service hours. You agree that we are not responsible for any electronic virus that you may encounter using Online Banking. We encourage you to routinely scan your devices using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
ONLINE BANKING FUNCTIONS AND SERVICES
The transactions and functions available through Online Banking may include, but are not limited to the following services:
|•||Transfer funds between RCB Bank accounts in the amounts and on the dates you request (subject to daily processing cutoff times noted below under "Internal Transfers")|
|•||Transfer funds between RCB Bank accounts and external accounts|
|•||View RCB Bank account histories (2 years) of transaction history on business accounts|
|•||View paid checks|
|•||Place stop payments on checks|
|•||Pay bills from your RCB Bank accounts in the amounts and on the dates you request if you are enrolled in the Bill Payment Service (subject to approval, daily processing cutoff times, etc.)|
|•||MyCardPay - make payments to payees directly using your debit card|
|•||Give other individuals you trust and rely on Online Banking access to your electronic statements|
|•||Make loan payments (certain restrictions apply)|
|•||Change the Account(s) and Access Information for your Online Banking service|
|•||Conduct secure email communication with RCB Bank regarding your Online Banking service|
|•||Elect and access electronic statements and notices|
|•||Person to person payments by debit card through the app (RCB Bank debit card is required)|
|•||Cash Management functions such as ACH, Wires, Remote Deposit Capture, Positive Pay etc. require additional approval and Agreements|
|•||My ClickSwitch – Provides the ability to easily move accounts from other institutions to RCB Bank|
|•||My CardSwap – Move subscription services to your RCB Bank debit card|
|•||OneWayPay – Make transfers to other RCB customer accounts|
|•||My CardGuard – Provides debit card controls and alerts|
|•||MarketPlace – Offers a suite of financial products offered from external vendors that are available through our online banking|
OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER
If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
1. If your account is closed, or if it has been frozen.
2. If, through no fault of ours, you do not have enough money in your account to make a transfer.
3. If a legal order directs us to prohibit withdrawals from the account.
4. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
5. If any telecommunication device, electronic terminal or any part of Online Banking electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
6. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit of any credit arrangement set up to cover overdrafts.
7. If you have not provided us with complete and correct payment information for the bill pay service, including, without limitation, the address, name, payment date, payment amount and your payee-assigned account number for the payee on the bill payment.
8. If you have not properly followed the on-screen instructions for using Online Banking.
9. If circumstances beyond our control, such as flood, fire, interruption in telephone service or other communication lines, prevent the transfer, despite reasonable precautions that we have taken.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
IMMEDIATELY CONTACT US if you believe your Online Banking password or your mobile handheld device has been stolen, lost, used without your authorization or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your account(s), plus your maximum overdraft line of credit, if any. You assume full responsibility for the security and confidentiality of your passwords, personal identification numbers, and mobile phone numbers used to access Online Banking services.
|(i)||The payment processing center is not working properly and you know or have been advised by the bill payment system about the malfunction before you execute the transaction;|
|(ii)||If, through no fault of the bill payment system or RCB Bank, your account does not contain sufficient funds to complete the transaction;|
|(iii)||You have not provided the bill payment system with the correct account information, or the correct name, address, phone number, or account information for the payee;|
|(iv)||Circumstances beyond the control of the bill payment system, (such as but not limited to, flood, fire, or interference from an outside force) prevent the proper execution of the transaction and the service has taken reasonable precautions to avoid those circumstances.|
|(i)||Without prior notice, if you have insufficient funds in any one of your RCB Bank accounts, the bill payment service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, debits, and pending transfers.||(ii)||For any reason whatsoever in our sole discretion and upon|
The following establishes the rules that cover your enrollment and participation in eDocuments, including electronic statements (“eStatements”) and notices through RCB Bank Online Banking. As used in this agreement, By submitting your enrollment, you accept the terms and conditions of this Agreement. Please read it carefully.
RECEIVING DISCLOSURES ELECTRONICALLY
Enrollment in electronic statements and notices (collectively known as “eDocuments”) is only available to customers with access to RCB Bank’s Online Banking. For accounts with joint and/or multiple designated account owners, only one account holder’s authorization is required to enroll in eStatements and eDocuments. RCB Bank’s Online Banking retains up to 18 months of account statement history. The history starts building with the first electronic statement after your enrollment in eStatements. After enrollment, we will stop mailing your paper account statements for any accounts enrolled in eStatements. This agreement applies to both electronic statements and notices. You have the option to choose which accounts to enroll, as well as which types of statements and/or notices you would like to receive electronically. You can change your elections, including opting out of eStatements and eDocuments entirely, at any time by logging in to RCB Bank’s Online Banking system.
USING THIS SERVICE MAY STOP DELIVERY OF PAPER RECORDS
By enrolling in electronic statements and notices, you may electronically access, review, download and print account statements and notices for the accounts you designate. We will no longer deliver periodic paper statements for these accounts. Any account available on RCB Bank Online Banking that is not enrolled in electronic statements and notices will continue to have periodic account statements and notices delivered in paper form.
WE WILL NOTIFY YOU BY EMAIL WHEN YOUR STATEMENT OR NOTICE IS READY FOR YOUR REVIEW
We will send an email that your electronic statement(s) and/or notice(s) are available on RCB Bank’s Online Banking. We will use the email address that was provided during enrollment for electronic statements and/or notices. All emails sent by us to the email address on file will constitute notice and delivery to you and all designated account owners whether or not you access or review the electronic statement and/or notice. You agree to maintain access to RCB Bank Online Banking in a manner that gives you continuous ability to review, download, access and print your electronic statement(s) and/or notice(s), even if all designated account owners may not have access to such email address.
It is each designated account owner’s sole responsibility to review and access promptly their own electronic statement(s) and/or notice(s). All electronic statements and notices delivered in electronic form are binding just as if they were delivered in paper form.
YOU MUST KEEP US INFORMED OF YOUR CURRENT EMAIL ADDRESS
You agree to update your email address within RCB Bank Online Banking as changes occur. Updates to your electronic statement and/or notice email address within RCB Bank Online Banking can be made on the Settings>Address Management section. You may also choose to contact us by phone at 855-226-5722 or send us a secure message via your Online Banking using the Messages option to update your email address.
YOU MAY STOP THE ELECTRONIC STATEMENT AND/OR NOTICE SERVICE AT ANY TIME
You or any designated account owner may revoke consent for the electronic statement and/or notice for one or more designated accounts at any time by contacting us at any time at 855-226-5722 or by cancelling enrollment in electronic statements and/or notices in Online Banking. Posting of your account statement(s) to RCB Bank Online Banking and email notifications will continue until: (a) you terminate electronic paper statements and/or notices, (b) you close your account with us, or (c) termination of your Online Banking with us.
Please note: There may be consequences for revoking your consent for an electronic statement. Please review the most current account disclosures and Fee Schedule applicable to your specific account for any impacts of cancelling electronic statements. Some account types require electronic statements as a qualifying factor to receive rewards or to avoid a fee.
We reserve the right at our sole discretion, to discontinue the provision of your electronic statement and notice service for any or all designated accounts. Upon such termination, delivery of paper account statements and notices will resume within a reasonable timeframe. Termination of electronic statements and notices does not affect the validity or legal effect of any account statement delivered to you or any designated account owners through Online Banking. Termination of electronic statements and notices does not terminate the RCB Bank Online Banking service unless otherwise stated.
HOW TO GET PRINTED COPIES OF STATEMENTS
If you would like paper copies of any periodic account statements delivered via the electronic statement channel, please sign into your RCB Bank Online Banking and download the documents needed and print them from your computer. You can also contact us at 855-226-5722 and request printed copies. A fee may apply for this service. Please be sure to ask an RCB Bank employee regarding fees or you can see a current Fee Schedule for details. A request for a paper copy does not cancel your electronic statement and/or notice service.
COMPUTER EQUIPMENT AND SOFTWARE ARE NEEDED
By consenting to this agreement, you agree that you have adequate access to a computer with sufficient internet connectivity and software to receive email notifications, access Online Banking and review your periodic statements. This includes the following:
|•||Local, electronic storage capacity to retain our communications and/or a printer to print them|
|•||Up to date internet browser that we support to access your account(s) through Online Banking or if accessing your account(s) through our mobile applications, one of the mobile operating systems we support|
|•||An up to date device or devices (e.g., smartphone, mobile device, computer, tablet, etc.) suitable for connecting to the internet or for downloading our mobile applications or accessing our mobile websites|
|•||A valid email account and software to access it|
|•||Software that enables you to view files in the Portable Document Format ("PDF"), such as Adobe Reader.|
You acknowledge and agree that your consent to use the electronic statements and/or notices service as described herein is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
ELECTRONIC STATEMENT AND NOTICE AUTHORIZATION
You understand that you will no longer receive paper statements and/or selected notices, and agree to receive your account statements and/or notices electronically. You understand that you may at any time request a copy of a paper statement and that additional fees may apply.
You understand you may discontinue electronic statements and/or notices and return to paper documents at any time by contacting RCB Bank Customer Service. Such request will terminate this electronic statement and/or notice authorization for the referenced account and with the loss of electronic statements, fees may be incurred and you may not qualify for rewards should you be in a rewards account type. Please refer the most current Fee Schedule or account disclosures provided during account opening.
You agree to review your electronic statements and/or notices promptly each month and will notify the bank immediately of any suspected errors, alterations or irregularities, including unauthorized access to your account.
ELECTRONIC STATEMENTS & NOTICES AGREEMENT AND TERMS AND CONDITIONS (December 2022)
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Mobile Deposit is an optional feature that allows you to use your Capture Device to make deposits to an account by capturing an image of a Check and transmitting it to us. You must be enrolled in Online Banking and download our Mobile Banking application to access Mobile Deposit. We are responsible only for exercising ordinary care in accepting deposits made by you through Mobile Deposit. We are not liable for any damages, loss, or fees you incur (a) if you or we are experiencing technical or other difficulties with Mobile Deposit; (b) if you do not utilize the appropriate hardware or software components to access Mobile Deposit; (c) if you attempt to deposit ineligible, illegible, illegal, unendorsed or improperly endorsed Checks; (d) if we choose not to accept a Check for deposit; (e) if we limit the deposit amounts or the number of deposits that may be made; (f) for any delays in the acceptance process; or (g) for any other circumstance beyond our control. Nothing in this Agreement shall be construed as requiring us to accept any Check for deposit, even if we have accepted that type of Check previously.
You agree that, when you use Mobile Deposit, you remain subject to the terms and conditions of this Agreement in addition to the terms and conditions in our other agreements with you and with any unaffiliated service providers, including but not limited to, your Internet service provider, mobile service provider, or third-party software provider and that this Agreement does not amend or supersede any of those unaffiliated service provider agreements. You understand that those agreements with unaffiliated service providers may provide for fees, limitations and restrictions that might affect your use of Mobile Deposit (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Deposit), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that any unaffiliated service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with those products and services directly with your unaffiliated service provider
"Mobile Deposit" means the service provided to you by the Bank to make deposits to an account by capturing an electronic image of the check, along with associated deposit information, and delivering it to us via any Capture Device.
"Capture Device" means any device acceptable to us that provides for the capture of images of checks for transmission to us.
"Check" means a check, draft, substitute check or other negotiable instrument, as defined in Federal Reserve Regulation CC ("Reg CC"), the electronic image of which is considered an item within the meaning of Article 4 of the Uniform Commercial Code as adopted by the State of Oklahoma, and an electronic item under Federal Reserve Regulation J and Federal Reserve Bank operating circulars.
"Image" means the electronic image of the front and back of the Check, in addition to other information required by us for processing or according to applicable law; such as an imaged check is not subject to Reg CC and our Funds Availability Policy.
MOBILE DEPOSIT REQUIREMENTS
In order to enroll in the service, you must be designated as an authorized signer or owner of the RCB Bank account that is eligible for this service, and be approved by us for the service. In order to use the service, you must (a) at all times maintain an account in good standing with us, (b) have no more than 3 returned deposit items in a 6-month period, (c) agree to not deposit foreign items and (d) comply with any restrictions that we tell you about.
We shall have no liability to you or any other person in the event that your deposited Check is processed, or converted by us, to a check image. Only a draft, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for mobile deposit as a Check image.
You agree that Checks will be made out to a signer on the account. Checks payable jointly should be endorsed by both payees and both payees must be on the account. You agree you will not attempt to deposit an image of any of the following, including, but not limited to: (a) any Check payable to any person or entity other than you; (b) any Check payable jointly, unless properly endorsed and deposited into an Account in the name of all payees; (c) any Check containing any apparent alteration of any of the fields on the front or back of the Check (including the MICR line), or that you know or should suspect is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn; (d) any Check previously converted to a substitute check, as defined in Reg. CC; (e) any Check previously deposited via Mobile Deposit or at another financial institution; (f) any Check drawn on a financial institution located outside the United States and/or not payable in U.S. currency; (g) any stale-dated or post-dated Check; (h) any improperly endorsed Check; (i) any Check prohibited by our current procedures related to Mobile Deposit or that is otherwise restricted in your Account Agreement, (j) Promissory notes, savings bonds, substitute checks or non-cash items as defined under section 229.2 (u) of the Federal Reserve’s Regulation CC. We are not liable for any loss, costs, or fees you may incur if we do not accept an ineligible check.
You agree to physically endorse all Checks with a restrictive endorsement that you transmit to us through Mobile Deposit with “For Mobile Deposit Only to RCB Bank” in addition to any other signature endorsements or as otherwise instructed by RCB Bank.
You are responsible for accurately capturing an image of the front and back of each paper Check and the correct dollar amount of the Check. You are responsible for the inspection of all Check images to ensure the legibility of the Check image (including without limitation the dollar amount and signature of the person who signed the Check (the “drawer”), and for ensuring that any and all information on a paper Check is accurately captured and legible in the resulting Check image.) You acknowledge that current image technology might not capture all security features (e.g. watermarks) contained in the original paper Check(s) and agree to assume any and all losses resulting from claims based on security features that do not survive the image process. The image you transmit to us through Mobile Deposit must be legible. The quality of the image must comply with the requirements established from time to time by the American National Standards Institute, the Federal Reserve Board, and any other regulatory agency, and any clearing house or association, or any higher standard set by us. We reserve the right to reject any deposit (as a mobile deposit or otherwise) for any reason. We will notify you of the rejection of any deposit by email.
Acknowledgement or receipt or delivery does not constitute an acknowledgement by the Bank that the transmission was error free, was able to be processed, or was completed, or that funds will be credited to your account for that Check. We reserve the right to reject any image transmitted through Mobile Deposit.
AVAILABILITY OF FUNDS
You agree that qualified Checks deposited under the Mobile Deposit service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. All deposits are subject to review and funds from your deposit may not be available for immediate withdrawal. We may make such funds available based on such factors as the length and extent of your relationship with us, transaction and experience information, and other factors we in our sole discretion deem relevant. A Check transmitted through Mobile Deposit shall be deemed accepted when your Online Banking deposit history shows that your Check has been accepted for deposit. If we subsequently determine your Check was not eligible or if your Check is returned to us, we reserve the right to collect all or any part of your deposit from your account (“charge-back”), and we will notify you as required by our procedures and applicable law. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our charge-back of an ineligible or returned check. Should we place a hold on your deposit, you agree that the hold is subject to our Funds Availability Policy. You further agree that if a Check you transmit using Mobile Deposit is subsequently returned to us as a substitute check, it will be subject to Reg. CC and our Funds Availability Policy.
In general, if a Check(s) through the Mobile Deposit service is received and accepted on or before 7:00 pm (Central Time) on a business day that we are open, we will consider that day to be the day of your deposit and the funds will be available same day unless a hold is placed. If a Check(s) is received through the mobile deposit service after 7:00 pm (Central Time) on a business day we are open or on a non-business day, such as a weekend or federal holiday, we consider the next business day to be the day of your deposit as well as the day when funds will be available.
REPRESENTMENT OF RETURNS
In the event we determine, at our sole discretion, that we need the original paper Check to collect a returned check image, you shall be responsible for providing the original paper Check to us. You agree to retain the Check in a secure environment for at least 30 calendar days from the date you transmitted the image to us. After 30 days, you agree either to (a) destroy the Check you transmitted to us as an Image; (b) mark it “Electronically Presented” or “VOID”; or (c) otherwise render it incapable of further transmission, deposit, or presentment. We may request you provide us with a retained check in order to facilitate error resolution. If the original paper Check has been destroyed, you shall be responsible for providing a replacement Check.
YOUR WARRANTIES AND REPRESENTATIONS
With respect to each transmission of an Image to us using Mobile Deposit, you are deemed to make any representation or warranty that would have applied had you deposited the original paper Check with us. In addition, you are deemed to make to us any representation or warranty that we make, under applicable law, clearinghouse rule, bilateral agreement, Federal Reserve Operating Circular or otherwise, to any person, (including without limitation, a collecting US Bank, a Federal Reserve Bank, a paying bank, a Receiving Depository Financial Institution, a returning bank, the drawee, the drawer, any endorser, or any other transferee) when RCB Bank transfers, presents, processes or originates the check image(s). These representations and warranties include but are not limited to, that:
Once your Online Banking deposit history shows that your Check has been accepted for deposit, you agree to retain the check in a secure environment for at least 30 calendar days from the date you transmitted the Image to us. After 30 days, you agree either to (a) destroy the check you transmitted to us as an image; (b) mark it “Electronically Presented” or “VOID”; or (c) otherwise render it incapable of further transmission, deposit, or presentment. We may request you provide us with a retained check in order to facilitate error resolution. Unless we have notified you that your check was not accepted by us, you agree never to re-present to us or to any other party a check that has been deposited through Mobile Deposit. You further agree to supply any information in your possession that we request regarding deposits you make or attempt to make through Mobile Deposit.
You agree to notify us immediately of any suspected errors regarding deposits you make through Mobile Deposit, and in no event, later than 30 days after the applicable RCB Bank Account statement is transmitted to you. Unless you notify us within 30 days, such Account statement regarding all deposits made through Mobile Deposit will be deemed correct, and you are prohibited from bringing a claim against RCB Bank for such alleged error.
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit and to modify such limits at any time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. If your deposit is rejected for exceeding the limits, you agree that you may have to deposit the Check by other means than by Mobile Deposit. Daily and multi-day deposit count and dollar limits may vary and are subject to change at our sole discretion without prior notification to you. You may call us at 855-226-5722 for more information on these limits.
Fees are assessed per account set up for Mobile Deposit (see Fee Schedule for details). To avoid monthly fees, eStatements must be set up for all accounts set up for Mobile Deposit. Transaction fees for Commercial customers will still apply whether or not accounts are set up for electronic statements. If you continue to use the service after the fee is effective, you agree to pay the fees, which may change from time to time. We may change any service fee at any time, as long as we give you at least 30 days’ advance notice, to the extent required by applicable laws. You are responsible for any fees or other charges your wireless carrier may charge for any related data or message services, including without limitation for short message service.
You shall comply with all security procedures for the mobile deposit service established by us or set forth in any written user requirements communicated to you. You are solely responsible for (a) maintaining your own internal security procedures, (b) preventing errors or unauthorized access to your system or the mobile deposit system, and (c) safeguarding the security and confidentiality of any information obtained from your deposited checks, Check images and other information that is either printed from, stored on or downloaded to, your system, the mobile deposit system or other computer/data systems or portable media.
We reserve the right to terminate this agreement immediately without written notice to you of such termination. We may also, in our sole discretion, terminate the service effective immediately if: (a) we at any time determine that you do not meet our risk or other qualification requirements, (b) there is an occurrence of a material change in your account activity or other risk analysis criteria as determined by us in our sole and absolute discretion, (c) you are in default of any terms of this agreement where such default gives us the right to terminate, immediately or otherwise, or close your account, (d) we discover any negligent or willful misconduct (including but not limited to types of fraudulent activity) on your part or any party with respect to Check images submitted for deposit by you, (e) you are in default of any terms of the agreement or any other agreement with us, (f) you have not used the service for a period of time deemed to constitute an inactive service by us (in our sole discretion).
Either you or we may terminate the service, with or without cause, without notice to the other of its intent to do so. If you send notice of termination, you may send it to the address below:
PO Box 189
Claremore, OK 74018
In the event of termination of services, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including with respect to transactions processed prior to the effective date of termination. Any termination of this agreement shall not affect any of our rights and your obligations with respect to this agreement prior to termination, or any other obligations that survive termination of this agreement.
This agreement (including any documentation related to the services provided to you) together with the Deposit Account Terms and Conditions, Account Agreements/Signature Cards, Treasury Management Agreements and other applicable agreements between us is the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes any prior agreement(s) between us with respect to such subject matter.
In the event of a conflict or inconsistency between the terms of any other agreement between us and the terms of this agreement, with respect solely to the services, the terms of this agreement shall control, but only to the extent of such conflict or inconsistency. In the event performance of the services provided herein in accordance with the terms of this agreement would result in a violation of any present or future statute, government policy or regulation to which we are subject, and which governs or affects the transactions contemplated by this agreement, then this agreement shall be deemed amended to the extent necessary to comply with such statute, policy or regulation and we shall incur no liability to you as a result of such amendment or violation. No course of dealing between us will constitute a modification of this agreement or the security procedures or constitute an agreement between us regardless of whatever practices and procedures we may use.
We may waive enforcement of any provision of this agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this agreement.
You may not assign this agreement or any of the duties or rights hereunder to any person.
BINDING AGREEMENT; BENEFIT
This agreement shall be binding upon and solely for the benefit of the parties hereto and their respective legal representatives, assignees and successors. This agreement is not for the benefit of any other person and no other person shall have any right against you or us hereunder.
Mobile Deposit Notifications will come by email.
MOBILE DEPOSIT AGREEMENT AND TERMS AND CONDITIONS (December 2022)
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In this agreement, the words “your” and “you” refer to you as the person or business entity entering into this agreement and also includes any user you authorize to use the Service on your behalf. The words “us”, “we”, “our” and RCB Bank refer to RCB Bank.
TEXT BANKING REQUIREMENTS AND SERVICE DESCRIPTION
RCB Bank offers its customers mobile access to account information (balances, history, transfers etc.) over the Short Message Service (SMS). Text Banking is provided for your convenience and does not replace your monthly account statement(s), which are the official record(s) of your account(s).
In order to utilize Text Banking, you must have at least one RCB Bank account. You must also have a mobile phone number with either a text plan and/or data plan with a carrier. By providing a mobile number through the enrollment process, you are certifying that you are the current and correct account holder of the mobile phone account or have the account holder’s permission to provide the number. We will determine in our sole discretion what information we make available through this service. We may send any Text Banking message through your communication service provider in order to deliver them to you. You agree that your communication services provider is acting as your agent in this capacity.
You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a phone number that is not your own or your violation of applicable federal state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
It is your sole responsibility to ensure your device(s) are compatible with and capable of operating in a manner that allows you to utilize Text Banking securely, including, but not limited to, installing current software manufacturer provided patches and current anti-virus/anti-spyware software.
It is your sole responsibility to notify RCB Bank with any mobile phone number changes. Text messages will continue to be sent to the mobile phone number on file until we are notified of such changes.
You may select the type of alerts and preferences, which will determine, together with your account data, the frequency of alerts delivered to you until you change your preferences. Standard messaging charges from your mobile carrier service may apply. You have the right to cancel or opt out of this Service at any time.
RCB Bank is not obligated to monitor for the receipt of any alerts and RCB Bank is not responsible for missed text messages due to service interruptions or changes to your mobile device. RCB Bank does not guarantee the timely delivery, execution or the transmission of content provided by your mobile carrier service. RCB Bank will be unable to review or respond to an attempted reply to any alert, outside of the automated responses to alerts for balances, history, transfers etc.
You can receive account information or perform other tasks via text message (SMS) by texting 39257 and entering one of the following command codes:
|•||BAL + SMS/Text Display Name – Balance request on specific account|
|•||BAL with no account number – Balance request on all accounts enrolled|
|•||HIST + SMS/Text Display Name – Most recent history transactions on specific account|
|•||HIST with no account number – Most recent history transactions on all accounts enrolled|
|•||XFER + SMS/Text Display Name of account number transferring from + SMS/Text Display Name of account number transferring to + dollar amount – transfer of funds between accounts|
|•||HELP – Directs you to our website|
|•||STOP – Discontinue the text banking service|
You are responsible for any and all charges, including, but not limited to fees otherwise applicable to your account(s) and fees associated with SMS messaging imposed by your communications service provider. Message and data rates may apply. Such charges may include those from your communications service provider. Message frequency depends on user preferences. RCB Bank recommends you review your contract with your mobile carrier service prior to enrolling in this Service. Text HELP to 226563 to see a list of available commands. To cancel this Service, text STOP to 226563 at any time.
If you no longer wish to receive text messages, you can opt out and cancel by texting STOP to 226563. You will receive a confirmation text back confirming that text messages and Text Banking have been stopped. You can re-enroll for Text Banking by using the regular enrollment procedure.
Transfers through text banking are subject to these terms and conditions and your deposit account disclosures. RCB Bank reserves the right to cancel or refuse a transfer. We are obligated to notify you promptly if we decide to cancel or refuse any transfer request that complies with these terms and conditions of text banking and other applicable terms and conditions. However, we are not obligated to provide notification of your transfer being cancelled or refused if you attempt to make transfers that are prohibited under these terms and conditions of text banking, any additional agreement applicable to your account(s) or federal and state law. You will also be held responsible for any additional fees charged in accordance with our other disclosures.
Internal transfers through text banking are monetary, one-time transfers between your eligible accounts at RCB Bank. Internal transfers initiated through the Service before 7:00 pm (Central Time) on a business day we are open are posted to your account the same day. Internal transfers completed after 7:00 pm (Central Time) on a business day or on weekends or federal holidays, will be posted on the next business day. In order to cancel a text transfer, you would have to reverse the transfer via Text Banking.
You understand and agree that if your account(s) has insufficient funds to perform all transfers you have requested for a given business day, RCB Bank reserves the right to determine posting order of items presented for payment and, any transfer initiated through the Service which would result in an overdraft of your account(s) may, at our discretion, be refused or cancelled. Charges may be incurred; see the Bounce Protect Disclosure and Enhanced Bounce Protection Plan disclosure.
TRANSACTION AMOUNT LIMTS
The amounts that may be transferred are pursuant to the terms of the applicable deposit agreement and disclosure for the account(s). If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
For more information about your rights and obligations related to error resolution of electronic fund transfers, please refer to the Electronic Fund Transfers Disclosure and Agreement you received when you opened your account. If you need a new copy of this disclosure, please contact us at (855) 226-5722.
Accepting these terms and conditions and by using the Service, you acknowledge awareness of the following best practices and your intention to follow these steps to safeguard your text banking capabilities.
|•||Lock your mobile device using a password, if this is an available feature on your device|
|•||Disable the Bluetooth feature when not in use, if this is an available feature on your device|
|•||Delete your stored text messages that include your account balances and history|
|•||Download from sources only if you deem them trustworthy|
|•||Use the remote-wipe software or device feature to clear the data on your iPhone or other mobile device in case you lose it|
|•||Activate alerts that can inform you when large amounts are withdrawn from your RCB Bank account(s)|
NOTIFY US AS SOON AS POSSIBLE if you believe your mobile device has been stolen, lost or used without your authorization, or otherwise compromised. You assume full responsibility for the confidentiality and security of your mobile phone number, mobile device, personal identification numbers and passwords used to access the Service.
RCB Bank is not responsible for continued access outside your mobile phone carrier’s coverage area. RCB Bank may inform you from time to time about changes to the way you should access or operate the Service. You agree to observe all such changes and that RCB Bank is not responsible for any interruption, liability or loss that may occur should you or your mobile device not support such changes.
This service may not be encrypted and may include personal or confidential information about you, such as your account activity or status. You agree to protect your communications device that receives information through this service and not to let any unauthorized person have access to the information we provide to you through this service. You have the sole responsibility for maintaining the safety, security and integrity of the mobile device you will use to send and receive SMS messages. You shall bear the entire risk for any use thereof, whether or not you have authorized such use and whether or not you are negligent. If you permit other persons to use the Mobile Device, you will be held responsible for any transaction(s) they authorize and we will not be liable for any damages resulting to you. You agree not to use Text Banking or the content or information delivered through Text Banking in any way that would be considered illegal.
Receipt of account information through Text Banking may be delayed or impacted by factor(s) pertaining to your phone carrier or other parties.
We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of account information to third parties. Also, nothing about text banking creates any new or different liability for us beyond what is already applicable under your existing account agreements.
You will never receive a text banking message that asks you to send any sensitive personal or financial information – such as your Social Security Number, account number, password, PIN or any other personal data – do not respond to the message and call us at 855.226.5722 to report the incident.
USER INFORMATION AND PRIVACY
You acknowledge that in connection with your use of the Service, RCB Bank and its affiliates and service providers, and their affiliates, may receive and may share with one another as part of providing the Service, domain names, addresses, telephone and device numbers, passwords, data files, the content of messages, and other data and information provided by you or from other sources in connection with the Service.
RCB Bank and its service provides and affiliates will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Service and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of customers or the public, to defend claims and as otherwise authorized by you. RCB Bank and its service providers and affiliates also reserve the right to monitor use of the Service for purposes or verifying compliance with these terms and conditions, the law and any applicable license, but disclaim any obligation to filter, monitor or edit any content.
TEXT BANKING AGREEMENT AND TERMS AND CONDITIONS (December 2022)
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Financial Tools is an account aggregation and reporting tool offered within Online Banking. The Financial Tools service gives you the ability to analyze your personal finances through the account information you provide, and the impact of various strategies on them. You may monitor any of your financial account relationships from any of your accounts at RCB Bank or from any other account held by you at another financial institution, assuming, of course, that the financial institution has the ability to, and permits you to, release your financial information to Financial Tools and RCB Bank.
If you apply for Financial Tools through Online Banking, it is not a proprietary service. We are offering this service (Financial Tools) under a licensed agreement with Q2, (“Licensor”), which includes any sub licensor, successor, assignee or provider of any associated hardware or software needed by the Licensee to support this service.
You acknowledge and agree that when we are collecting information related to the service from any of your accounts, we are acting as your agent, and not as the agent or on behalf of any third party. You agree that we, our affiliates and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
You agree that we shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) Our access to the account(s); (2) Any inaccuracy, incompleteness or misinformation contained in the information received from the account(s); (3) Any charges imposed by any provide of account(s) (4) The actions or inactions of any other financial institution or other providers of the account(s)
Not all types of accounts are eligible for the Service. Be sure to check with your other financial institutions for any restrictions regarding your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from the provider of your account or those imposed by applicable law.
Your Responsibility for Errors: You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you. You understand that financial institutions receiving your request for the release of information may rely on such request through the Service. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree RCB Bank shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities or misinformation in the information that you provide.
You may cancel the service at any time by contacting us at 855.226.5722.
FINANCIAL TOOLS AGREEMENT AND TERMS AND CONDITIONS (December 2022)
Changes to Terms of Service. We may revise and update these Terms of Service from time to time in Our sole discretion. All changes are effective when they are posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Scope of and Restrictions on Use. Subject to these Terms of Service, We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. Except as otherwise provided in these Terms of Service, the Software may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose. You agree not to:
Ownership. The Services and the Content are licensed or owned by Us and Our licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed in the Software are registered and unregistered marks of Ours and Our licensors. The Software is licensed, not sold, to you. You acknowledge and agree that, as between you and Us, We are and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
Electronic Communications. The communications between you and Us via the Services use electronic means. For contractual purposes, you consent to receive communications from Us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
Software Updates. We may, from time to time in Our sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.
Change and Suspension.
Changes to the Services. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof at any time. You agree that We will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. We have the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Service or if We believe there is suspicious or unusual activity related to your account. Neither termination nor suspension shall affect your liability or obligations under these Terms of Service. In the event that We suspend or terminate your access to the Services, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
In the event We terminate your account, any transactions to Payees that We have processed before the termination date may be completed, however you should verify that such transactions have been completed directly with your intended Payee. We are not responsible for any payments not completed by Us as a result of termination.
Disclaimer; Limitation of Liability.
Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability. TOTHE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, IN NO EVENT WILL OURAGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to you. In such states, Our liability is limited to the maximum extent permitted by law.
Indemnification. You agree to indemnify, defend, and hold Us and Our officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your use of the Services; (b) any violation of these Terms of Service or applicable law; and/or (c) any claims by another owner of a Funding Account you use in connection with the Payment Service or any joint account holder of an account on a Payee Site. We reserve the right, at Our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with Us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Service.
Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Third Party Platforms. We may provide the Services to you through the Payees Sites and/or other third-party websites, operating systems, platforms, and portals (collectively, "Third-Party Platforms"). Additional terms and conditions will apply to you with respect to your use of Third-Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third-Party Platforms.
U.S. Export Controls. The Software may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software available outside the United States.
Geographic Restrictions. We are based in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law; Jurisdiction and Venue. These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Oklahoma, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Oklahoma. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Services or Content shall be instituted exclusively in the federal or state courts located in Rogers County, Oklahoma. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR CONTENT.
Please refer to the Binding Arbitration section of your deposit account Agreement for more details.
Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.
Entire Agreement These Terms of Service, including Our Privacy and additional documents incorporated herein by reference, constitute the sole and entire agreement between you and Us with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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