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The Financial Institution may, but will not be obliged to, act on Remote Instructions received in Your name along with any requisite PAC and PIW, if any, to the same extent as if the Remote Instructions were written instructions delivered to Us by mail and signed by a Signing Officer authorized to operate the Account. Any such Remote Instructions are deemed genuine. The Financial Institution may, in its sole discretion, acting reasonably, delay acting on or refuse to act on any Remote Instruction.

A Remote Instruction is deemed received by Us only when actually received and brought to the attention of an authorized officer, agent or processor of the Financial Institution capable of acting upon and implementing the Remote Instruction. Remote Instructions can be transmitted to the Financial Institution at the telephone or fax number or email address provided by Us, or at such other telephone or fax number or email address as We may advise You by notice in writing, or online through the Direct Services for Small Business web portal.

Any one Signing Officer may act alone and provide Remote Instructions to the Financial Institution, even if two or more signatures are otherwise required to operate the Account. The Financial Institution, acting reasonably, is entitled to assume that any person identifying himself or herself as a Signing Officer is in fact a Signing Officer, and can rely upon such, and We may act on the Remote Instructions provided by any such person.

Verification may take place at a date later than the date You authorized the Transaction, which may affect the Transaction date. Notwithstanding any other provision herein, if at any time the Financial Institution, acting reasonably, ever determines that a credit made to or traced to the Account was made in error or based upon a mistake of fact, or induced through or in any way tainted by fraud or unlawful conduct, We may place a hold on the credit and reverse the credit and any applicable interest.

In the absence of evidence to the contrary, Our records are conclusive for all purposes, including litigation, in respect of any instructions given by You to Us through the use of the Debit Card; the contents of any envelope deposited into Your Account at an ATM; the making of a withdrawal, deposit or transfer through the use of the Debit Card; and any other matter or thing relating to the state of accounts between You and Us.

Our records of all Transactions will be deemed to be correct and will be conclusive and binding on You. All Transactions will appear on the regular statements of account for the Account. If You believe or suspect that the records of the Financial Institution contain an error or omission, or reflect unauthorized Account activity, You must give immediate written notice to Us, and in any event, must do so within the shorter of the time provided in the Account Agreement or 45 days from the date of the Transaction.

A copy of any fax or email message or other Remote Instructions or the Financial Institution's notes of any Remote Instructions given by telephone may be entered into evidence in any court proceedings as if it were an original document signed by or on behalf of You. You will not object to the admission of the Financial Institution's or Central 1's records as evidence in any legal proceeding on the grounds that such records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer, and all such records will be conclusive evidence of the Remote Instructions in the absence of documentary recorded evidence to the contrary.

If You have given such notice, the Financial Institution's maximum liability is limited to the amount of the error or omission. In no event will We be liable for any delay, inconvenience, cost, loss, or damage whether direct, indirect, special, exemplary, or consequential whatsoever caused by, or arising from, any such error or omission.

In no event will We be liable for any cost, loss, or damage whether direct, indirect, special, or consequential suffered by You that is caused by:. You further agree that You will notify Us immediately:. The notification requirement above in b does not apply if You have or a Signing Officer has disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 31, Personal Financial Management, and You are otherwise unaware of suspected or actual misuse or unauthorized use or activity.

You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts.

You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your suspicion and the facts upon which Your suspicion is based " Suspicious Circumstances ".

The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account.

Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution's sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

We will not be considered to have received written notice until the Financial Institution gives You written acknowledgement of receipt of such notice;. We shall not be considered to have received written notice until We give You written acknowledgement of receipt of such notice; and. We will not otherwise be liable for any damages or other liabilities that You may incur by reason of the Financial Institution acting, or failing to act, on Remote Instructions given in Your name whether or not You or a Signing Officer actually gave the Remote Instructions.

We will not be liable for any damages or other liabilities that You may incur by reason of the Financial Institution acting, or failing to act, on no statement requests made by You or a Non Signer through Direct Services for Small Business whether or not You, the Delegate, or the Non Signer actually gave the Remote Instructions. We will investigate and respond to the issue in a timely way.

We will not unreasonably restrict You from the use of the Account subject to dispute, as long as it is reasonably evident that You or a Signing Officer did not cause or contribute to the problem or unauthorized Transaction, have fully cooperated with the investigation, and have complied with this Agreement and the Account Agreement.

We will respond to reports of a problem or unauthorized Transaction within 10 business days and will, within a reasonable period of time thereafter, indicate what reimbursement, if any, will be made for any loss incurred by You. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that You have complied with this Agreement and the Account Agreement and on the balance of probabilities it is shown that You and each Signing Officer took all reasonable and required steps to:.

You acknowledge and shall ensure that any private Access Terminal used by You to access The Services is auto-locked by a password or biometric to prevent unauthorized use of that Access Terminal, has a current anti-Contaminant program and a firewall, and that each Delegate, Non Signer, and Signing Officer acknowledges that it is Your personal responsibility to reduce the risk of Contaminants or online attacks and to comply with this provision.

You further acknowledge, and shall ensure that each Delegate, Non Signer, and Signing Officer acknowledges, that to reduce the risk of unauthorized access to the Account through the Access Terminal, You will sign out of The Services and, where applicable, close the browser or banking app when finished using it. You further acknowledge, and shall ensure that each Delegate, Non Signer, and Signing Officer acknowledges, that using public or shared computers and certain other Access Terminals, or through an open WiFi or shared Bluetooth portal, to access The Services increases the risk of unauthorized access to the Account, and will take all reasonable precautions to avoid such use or inadvertent disclosure of the PAC, PIW, PIN, or Passcode.

You agree to diligently supervise and monitor the conduct and work of all agents and employees having any role in the preparation of Your Instruments or conduct of Transactions, Your reconciliation of the statement of account for the Account, or other banking functions. You acknowledge that all those other websites and Third Party services are independent from the Financial Institution's and may be subject to separate agreements that govern their use.

The Financial Institution and Central 1 have no liability for those other websites or their contents or the use of Third Party services. Links are provided for convenience only, and You assume all risk resulting from accessing or using such other websites or Third Party services.

You acknowledge and agree, and shall ensure that each Signing Officer acknowledges and agrees, that:. The services are provided by the Third Party and not Us or Central 1. Your relationship with the Third Party shall be a separate relationship, independent of the relationship between You, Us, and Central 1, and such a relationship is outside the control of the Financial Institution and Central 1;. We and Central 1 make no representation or warranty to You with respect to any services provided by a Third Party even though those services may be accessed by You or a Signing Officer, Delegate, or Non Signer through Direct Services for Small Business or Our website;.

We and Central 1 have no responsibility or liability to You in respect of services provided by a Third Party;. INDEMNITY - You agree to indemnify and hold Us and Our service providers and Central 1 and all of Our and Central 1's connected parties, including, without limitation, Our and Central 1's respective agents, directors, officers, employees, affiliates, and licensees collectively, the " Indemnified Parties " harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to Your use of The Services.

You must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement and apply to the extent permitted by law.

Without limiting the foregoing, You will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential, incurred by the Indemnified Parties as a result of:. This indemnity shall enure to the benefit of the Indemnified Parties and shall be binding upon You and Your successors and assigns and shall survive the termination of this Agreement for any act or omission prior to termination as gives rise to an indemnified claim, even if notice is received after termination.

We will not be liable in any way to You or any other person for processing or accepting on the Account any Transaction that results in the transfer of money out of the Account or in the payment of bills, even if the money is used for the benefit of a person other than You, or if bills owed by a person other than You are paid;.

You will be liable for all Transactions conducted using The Services, including Transactions that benefit a person other than You or that result in the payment of bills owed by a person other than You; and. You will be responsible to obtain whether from Us or using The Services and review, after the end of each calendar month, a statement of the activity in the Account, and will, by no later than the end of the following calendar month the " Notification Date " , notify Us of any errors, irregularities, omissions, or unauthorized Transactions of any type in that account record or in any Instrument or other items, or of any forgeries, fraudulent or unauthorized Transactions of any type, and any debits wrongly made to the Account;.

You are not entitled to be credited with any amount not shown on the statement of account for the Account for that calendar month;. The credit represented by an Instrument that is not honoured and collected, or is charged back, made in error, or tainted by fraud, may be reversed from the Account notwithstanding any provisional posting.

The statement of account for the Account will be modified accordingly; and. A deposit or other credit that is not verified and accepted may be reversed from the Account notwithstanding any provisional posting.

The statement of account for the Account will be modified accordingly. Despite subsection b above, if You have authorized PADs to be issued against any of the Accounts, You acknowledge that the Rules provide that, under specified conditions, claims for reimbursement of PADs may be made and:.

Claims must be made in writing to the Financial Institution within the specified time period and in compliance with the Rules, as amended from time to time. We and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of any error, non-payment, or a delay in the processing of bill payments;.

You acknowledge that the consents contained in a above are requirements of the EDP Services and that if such consents are withdrawn, Your participation in the EDP Services may be suspended or terminated and any or all documents may not be presented via the EDP Services.

You agree to inform Us in writing of the External Accounts You wish to link to the Account in a form acceptable to Us;. You agree to provide Us with the financial institution number, branch address or number, and the account number of the External Account You wish to link to the Account.

We reserve the right to verify the External Account. You acknowledge that such verification may require the exchange of personal information of You and any Signing Officer, and You consent, and shall ensure that each Signing Officer consents, to such use and disclosure of personal information;. You and the External Account holder must provide authorization to establish the link between the Account and the External Account;.

You acknowledge and agree, and shall ensure that each Signing Officer, Delegate, and Non Signer agrees, that We, at Our discretion, may limit the type of transfers that can be conducted between the Account and the External Account; specifically, whether Transactions will be in the form of credits to the External Account, debits from the External Account, or both credits to and debits from the External Account;.

You may only link an Account denominated in Canadian dollars to an External Account denominated in Canadian dollars, or an Account denominated in U. We reserve the right to limit: You consent, and shall ensure that each Signing Officer, Delegate, and Non Signer consents, to the disclosure to the financial institution that holds the External Account of any personal information provided to Us with respect to Transactions to or from the External Account.

You also consent, and shall ensure that each Signing Officer, Delegate, and Non Signer consents, to the disclosure to Us by the financial institution holding the External Account of any personal information provided to such financial institution with respect to Transactions to or from the External Account;. We cannot guarantee the date of deposit to the Account or External Account. We and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in the processing of Transactions;.

You agree that for security or risk management purposes and at Our discretion, a nominal sum may be credited to the External Account once per year. You agree, and shall ensure that each Signing Officer and Non Signer agrees, that We, at Our discretion, may limit the type of Transactions that can be authorized between the Accounts, specifically whether Transactions will be in the form of credits to an Account, debits from an Account, or both credits to and debits from an Account;.

You agree, and shall ensure that each Signing Officer and Non Signer agrees, that the Financial Institution cannot guarantee the date of a Transaction to and from a linked Account. The Financial Institution and Central 1 will not be held liable for any cost, expense, loss, damage, or inconvenience of any nature arising as a result of a delay in the processing of Transactions; and. We have no obligation to and will not pay interest on the Transaction amount. To the extent permitted at law, We are deemed to have a security interest in the Transaction amount from the time the Account is debited until the recipient successfully claims the Transaction or the Transaction is cancelled;.

Transactions sent and received through the EMT Services are subject to number and dollar limits that may change from time to time without prior notice to You;.

We will not be responsible or liable for any losses or damages incurred as a result of funds held and limits set by Us, Acxsys Corporation, or a Participating Financial Institution;. We will not be liable for losses or damages incurred as a result of a person other than the intended recipient guessing or obtaining the EMT Answer;.

We cannot guarantee the date of deposit;. We will not pay interest on the Transaction amount;. We may cancel a Transaction if We have reason to believe that a mistake has occurred or if We believe that the Transaction is a product of unlawful or fraudulent activity;. As the recipient or receiver, You or a Signing Officer acknowledges that a Transaction may be cancelled up to the time You or a Signing Officer successfully claims the Transaction;.

We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing a Transaction or for Transactions claimed by someone other than the intended recipient. If there is any conflict between this article 31, Personal Financial Management, and the terms and conditions in the rest of this Agreement, then this article 31, Personal Financial Management, will apply in respect of the PFM Service. Further, You agree, and shall ensure that each Signing Officer agrees, to notify Us of any changes to such information within a reasonable period of time;.

You agree, and shall ensure that each Signing Officer agrees, to inform Us, through the Direct Services for Small Business, of the External Account, asset, or liability You wish to link or add to the PFM Service, including the modification or removal of any linked or added External Account, asset, or liability;.

You agree, and shall ensure that each Signing Officer agrees, to provide Us with the online access credentials e. We reserve the right to verify the External Account;. You agree, and shall ensure that each Signing Officer agrees, to not link, or add, to the PFM Service an External Account, asset, or liability that is not owned by You or a Signing Officer, as the case may be;.

We reserve the right to limit the number of External Accounts, assets, and liabilities that can be linked or added to the PFM Service;.

You agree, and shall ensure that each Signing Officer agrees, that the PFM Service may, from time to time, access the External Account to ensure that the personal financial information on file is current, and to update the personal financial information on file if it is not, using information retrieved from the External Account.

Such access will be at the discretion of the PFM Service provider and will typically occur when You or a Signing Officer accesses The Services, but may be more or less frequent;. You acknowledge and agree, and shall ensure that each Signing Officer acknowledges and agrees, that any information provided by You or a Signing Officer about an asset or liability that is not under an External Account or the Account, is provided at Your sole discretion or the sole discretion of a Signing Officer, as the case may be.

Further, You agree, and shall ensure that each Signing Officer agrees, that it is Your or the Signing Officer's responsibility, as the case may be, to keep such information current;.

You and each Signing Officer must not copy, reproduce, distribute, or create derivative works from this content. Further, You agree, and shall ensure that each Signing Officer agrees, not to reverse engineer or reverse compile any of the PFM Service technology, including, but not limited to, any Java applets associated with the PFM Service;. You agree, and shall ensure that each Signing Officer agrees, to license to Central 1, its service providers, and the PFM Service provider, any information, data, passwords, materials, or other content collectively, " Content " that You or a Signing Officer provides through or to the PFM Service.

By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Central 1 and the PFM Service provider may use the Content for the purposes set out above.

By a Signing Officer submitting Content, You will ensure that Signing Officer agrees, or promises that the owner of such Content has expressly agreed that, without any particular time limit and without the payment of any fees, Central 1 and the PFM Service provider may use the Content for the purposes set out above. You further acknowledge and agree, and shall ensure that each Signing Officer further acknowledges and agrees, that when Central 1 or the PFM Service provider accesses and retrieves information from Third Party websites, Central 1 and the PFM Service provider are acting as Your or the Signing Officer's agent, and not the agent of or on behalf of the Third Party.

You further agree, and shall ensure that each Signing Officer further agrees, that such Third Parties will be entitled to rely on the foregoing authorization, agency, and limited power of attorney granted by You or a Signing Officer, as the case may be. Notwithstanding the foregoing, this provision will not be deemed to in any way diminish Your duties and responsibilities to personally access and review the External Accounts and to otherwise comply with the agreements in place with Third Parties holding those External Accounts, nor will any right of access to information You granted pursuant to this Agreement create any obligation on the part of the Financial Institution, Central 1, or the PFM Service provider to monitor or warn You of any unusual or unauthorized account activity on any Account or any External Accounts;.

You acknowledge and agree, and shall ensure that each Signing Officer acknowledges and agrees, that use of the PFM Service and all information, products, and other content including that of Third Parties included in or accessible from the PFM Service is at Your or the Signing Officer's sole risk, as the case may be.

The PFM Service is provided on an "as is" and "as available" basis. The Financial Institution, Central 1, and the PFM Service provider expressly disclaim all warranties of any kind as to the PFM Service and all information, products, and other content including that of Third Parties included in or accessible from the PFM Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement;.

You acknowledge and agree, and shall ensure that each Signing Officer acknowledges and agrees, that the Financial Institution, Central 1, and the PFM Service provider make no warranty that:. You acknowledge and agree, and shall ensure that each Signing Officer acknowledges and agrees, that any material downloaded or otherwise obtained through the use of the PFM Service is done at Your or the Signing Officer's own discretion and risk and that You or a Signing Officer, as the case may be, is solely responsible for any damage to Your or the Signing Officer's computer system or loss of data that results from the download of any such material.

You agree, and shall ensure that each Signing Officer agrees, that none of the Financial Institution, Central 1, or the PFM Service provider, nor any of their affiliates, account providers, or any of their affiliates will be liable for any harms, whether direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Financial Institution, Central 1, or the PFM Service provider has been advised of the possibility of such damages, resulting from:.

You agree to protect and fully compensate the Financial Institution, Central 1, and the PFM Service provider and their affiliates from any and all Third Party claims, liability, damages, expenses, and costs including, but not limited to, reasonable attorney fees caused by or arising from Your or the Signing Officer's use of the PFM Service, violation of this article 31, Personal Financial Management, or infringement, or infringement by any other user of the Account, of any intellectual property or other right of anyone; and.

You agree, and shall ensure that each Signing Officer agrees, that the PFM Service provider is a Third Party beneficiary of the terms and conditions in this article 31, Personal Financial Management, with all rights to enforce such provisions as if the PFM Service provider were a party to the agreements that You have provided in this article 31, Personal Financial Management. In this context, transmission to and receipt by Us of the Official Image will have the same effect as if the Instrument was delivered to a branch of the Financial Institution for negotiation and clearing.

You acknowledge and agree, and shall ensure that each Signing Officer and Delegate acknowledges and agrees, that You cannot further delegate this role as agent. Further, You acknowledge and agree, and shall ensure that each Signing Officer and Delegate acknowledges and agrees, that You and each Signing Officer and Delegate will be personally responsible and liable for:.

We may, upon receipt of what reasonably appears to qualify as an Official Image, treat such as an Official Image and, as if it were an original of an Instrument received at a branch of the Financial Institution, subject to the Account Agreement and any of Our policies governing Instruments;.

Further, You agree to take all proper and necessary precautions to prevent any other person from purporting to create or transmit an Official Image to the credit of Your Account;. You shall not purport to create or transmit an Official Image of any item that does not qualify as an Eligible Bill or any item that is post-dated, stale-dated, received by You from anyone other than the drawer of that item, or that is in any way altered.

If You, a Signing Officer or a Delegate has any suspicions or concerns about the authenticity, validity, negotiability, or chain of title to any item purporting to be an Eligible Bill, then You, the Signing Officer or the Delegate, as the case may be, shall not seek to use the Remote Deposit Service for negotiation or collection of that item, but You or a Signing Officer, as the case may be, will instead bring the original of that item to the counter of the branch of Account, identify the specific concerns to Us, and fully disclose all material facts known by You, the Signing Officer or the Delegate, as the case may be, relating to that item and fully cooperate with any inquiry or investigation of the concerns;.

You shall not seek to use the Remote Deposit Service to deposit any Instrument into an Account different than the currency denominated on the Instrument. Canadian dollar Instruments shall only be deposited to a Canadian dollar Account. If You use the Remote Deposit Service with an Instrument that does not qualify for this Service, We, at our discretion, may refuse to negotiate that Instrument or seek to collect on the Instrument on Your behalf, as though it was a qualifying Instrument but without any liability on Our part for any delay, inability to collect or any issue arising that inhibits or prevents Us from collecting funds on the Instrument;.

Official Images received through the Remote Deposit Service are subject to number and dollar limits that may change from time to time without prior notice to You;. Further, You agree to make no further use of the original of an imaged Eligible Bill, and shall safely retain possession of the original of the Eligible Bill without further negotiation, transfer, or delivery to any other person or holder.

In addition to all obligations and responsibilities either set forth in this Agreement or elsewhere, You agree to indemnify and hold Us and Our service providers and Central 1 and all of their connected parties, including, without limitation, their respective agents, directors, officers, employees, affiliates, and licensees collectively, the " Indemnified Parties " harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to Your use of the Remote Deposit Service or duplicate negotiation of items that were at any time presented as Official Images of Eligible Bills.

Without limiting the foregoing, You will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential incurred by the Indemnified Parties as a result of any breach of this Agreement, or any claims arising from or relating to misuse of Official Images or items purporting to be Official Images, or negotiation of Eligible Bills where an Official Image has also been transmitted for collection;.

This can be done by writing "void" or "paid" or placing a diagonal stroke across the face of the item with a pen or brightly colored highlighter. For a period of days after transmission of the Official Image to Us, or such shorter period as stipulated by Us in writing, You shall retain and produce to Us immediately on written request the original of all imaged Eligible Bills.

If You receive a written request to retain or produce, You shall comply with the written request, and shall, if requested, produce, by delivering to Us, the original of all specified Eligible Bills within five business days of such request. If You fail to comply with the written request made pursuant to this provision, then We can place or continue a hold on or reverse any credit made to the Account in relation to those specified Eligible Bills, even if such creates an overdraft on the Account.

If no written request is received within that time, then calendar days after an Official Image has been transmitted to Us through the Remote Deposit Service or such shorter period as stipulated by Us in writing, and provided that You have verified a credit to the Account that reconciles to the Official Image transmitted, You agree and shall ensure that each Signing Officer, Delegate, and Non Signer agrees, to immediately proceed with destruction of the original of the Eligible Bill.

Destruction methods include shredding, pulping, burning, or any other means that ensures that the original Instrument cannot be reused;. You are responsible for any and all costs associated with obtaining a replacement Instrument in the event that We request that You re-transmit an Official Image in accordance with h above, and the original Instrument was destroyed in accordance with i above, or otherwise lost;.

We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of use of the Remote Deposit Service, including, but not limited to, a delay in processing a Transaction or if We require You to obtain another Instrument.

Transactions for the Online Payment Service must be initiated by You or a Signing Officer through the appropriate online payment option available on the website of a Participating Merchant. We will hold the Transaction amount until the Participating Merchant successfully claims the Transaction or 30 minutes have elapsed, whichever comes first.

To the extent permitted at law, We are deemed to have a security interest in the Transaction amount from the time the Account is held until the Participating Merchant successfully claims the Transaction or the hold is removed;. Transactions sent and received through the Online Payment Service are subject to number and dollar limits that may change from time to time without prior notice to You;.

We will not be responsible or liable for any losses or damages incurred as a result of funds held and limits set by Us, Acxsys Corporation, a Participating Merchant, or a Participating Financial Institution;.

We will not be liable for losses or damages incurred as a result of a person other than the intended Participating Merchant receiving the Transaction amount;. However, We cannot guarantee the date or time that the hold on the Transaction amount will be removed;. We, Central 1, or Acxsys Corporation may cancel a Transaction once it is authorized but before payment authorization details are sent to the Participating Merchant, if there is reason to believe that a mistake has occurred or that the Transaction is a product of unlawful or fraudulent activity;.

Payment authorization details are sent immediately after a Transaction is authorized by You or a Signing Officer;. A refund, if any, may be received through Direct Services and Central 1 for credit to the Account, or through such other method the Participating Merchant deems appropriate;. We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of using the Online Payment Services, including, but not limited to, a delay in processing a Transaction or a Participating Merchant failing to claim a Transaction.

The Financial Institution does not represent or warrant that:. You acknowledge and agree that such images are made available by Us as a service to You and the provision of such images does not in any way oblige Us to permit the Delegate, Non Signer, and Signing Officer to view and print images of documents.

On 30 days' written notice, We may add or remove from the types of uses that are permitted. The issuance of the Debit Card does not amount to a representation or a warranty that any particular type of service is available or shall be available at any time in the future. This Agreement, and the fact that You have the use of the Debit Card, does not give You any credit privileges or any entitlement to overdraw Your Account, except as may be provided by separate agreement with Us.

Withdrawals or transfers effected by the use of the Debit Card will be debited to Your Account at the time they are made. You will not deposit any coins or worthless, counterfeit or fraudulent items to Your Account, into any ATM, or using Your Mobile Device, and will pay to Us any damages, costs or losses suffered by Us as a result of any such deposit.

However, in the event of alteration of Your Account balance due to technical problems, card issuer errors and system malfunctions, You will be liable only to the extent of any benefit You have received, and will be entitled to recover from Central 1 any direct losses You may have suffered. The Financial Institution will have the discretion to relieve You from liability for unauthorized use of Your Debit Card either through no fault of Your own or in a case where You have inadvertently contributed to the unauthorized use of Your Debit Card.

You will co-operate in any investigation. We will not be liable to You for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a POS Transaction.

You understand that You must not use Your Debit Card, for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in Your jurisdiction. The instant such notice is actually received by Us or when We are satisfied that You became the victim of fraud, theft, or coercion by trickery, force or intimidation, Your liability for further use of the Debit Card or Mobile Payment Services for Small Business will terminate, and You will be entitled to recover from Us any subsequent losses suffered by You through the use of the Debit Card or Mobile Payment Services for Small Business.

We will not unreasonably restrict You from the use of any funds subject to dispute, provided that it is reasonably evident that You did not contribute to the problem or unauthorized Transaction. We will respond to Your report of a problem or unauthorized Transaction within 10 business days and will indicate what reimbursement, if any, will be made for any loss incurred by You.

Reimbursement will be made for losses from a problem or unauthorized use in this time frame provided that on the balance of probabilities it is shown that You did not knowingly contribute to the problem or unauthorized Transaction and that You took reasonable steps to protect the confidentiality of Your PIN or Passcode. An extension of the 10 day limit may be necessary if We require You to provide a written statement or affidavit to aid Our investigation.

If You are still not satisfied, the issue will be referred to either a dispute resolution service or external mediator, as agreed between You and Us. Neither We nor You will have the right to start court action until 30 days have passed since the issue was first raised with Us. Any dispute related to goods or services supplied in a POS Transaction is strictly between You and the Merchant, and You will raise no defense or claim against Us.

FEES - You acknowledge having been advised of, and will pay, the applicable fees now in effect for services available under this Agreement. New or amended fees for Mobile Payment Services for Small Business will only become effective 30 days after publication by Us. When a conversion of currency is made We may act as principal with You in converting the currency at rates established or determined by Us, affiliated parties, or through parties with whom We contract for foreign exchange services.

In addition to applicable service charges, We and Our affiliates and contractors may earn revenue, commissions, or fees on currency conversions. You agree that such revenue, commissions or fees may be included in and charged as part of the exchange rate charged to You. The cost of currency conversion may not be known to You or precisely determinable in advance or until the amount of the Transaction is charged to Your Account.

If currency conversions on this basis are not acceptable to You, You agree that You will not transact in foreign currency on Your Account, including withdrawing foreign currency from ATMs, POS Transactions in foreign currency, by use of Direct Services or Mobile Payment Services for Small Business or delivering any Instrument or processing any Transaction to Us for deposit in a currency other than the currency of Your Account.

We agree to convert currency at commercially reasonable rates, including revenue, commissions, and fees charged in respect of the conversion.

When You purchase foreign currency from Us, in branch, the rate of exchange We charge You and any service charges You must pay will be disclosed or, alternatively, made available to You on request, at the time of the Transaction. If You deposit Instruments or process a Transaction denominated in a currency other than the currency of Your Account, and We accept the Instrument or Transaction for deposit, You agree that We may convert the amount of the Instrument or Transaction to the currency of the Account using Our sell rate for the currency of the Instrument or Transaction in effect at the time the conversion is processed.

If We have not established a sell rate for the currency of the Instrument or Transaction in the currency of Your Account, You agree that We may:. You also agree that if any Instrument or Transaction in a currency other than the currency of Your Account is accepted for deposit, such deposit is provisional and subject to reversal.

If any such Transaction must be reversed, the process outlined above for conversion of Your deposits, will apply to conversions undertaken for return of funds, and that You may be charged additional fees, commissions and service charges, as part of that conversion.

The amount charged to Your Account for return of funds may be different than the amount of the deposit. The risk of loss on such Transactions shall be borne by You without any right of recourse against Us, and without any right to recover any fees charged to You in respect of the original deposit.

When You conduct Transactions with a Mobile Device or at an ATM, or through a POS, in a foreign currency We receive a debit instruction initiated by You and which may be received by Us after processing through one or more international electronic networks that participate in the international payments system the " Instruction ".

The Instruction We receive may ask Us to pay a stipulated amount that may either be denominated in Canadian Dollars or in U. The Transaction amount between You and Us will be the amount of Your Transaction, plus any fees by the owner of the ATM or POS, plus any revenue, commissions or fees of Third Parties that processed the Transaction or converted the foreign currency before it is received as a debit Instruction by Us. Foreign currency conversion completed by Third Parties occurs at rates that We do not set, and which may include revenue, commissions or fees of those Third Parties.

More than one currency conversion may be completed by Third Parties before Your Instruction is received by Us.

The amount ultimately charged to Your Account will at a minimum be the amount of the Instruction either in the currency of Your Account or U. Dollar value of the Instruction received by Us through the electronic network. Dollars, the amount charged to Your Account will be the amount of the U.

Dollars in effect at the time of the conversion. Our services charges and fees for Transactions on Your Account may be added to the Transaction in accordance with Our published service and fee brochure. Currency conversions will be completed when and at rates in effect when the Transaction is processed by Us which may not be the same rate in effect when We complete Your Transaction.

You hereby consent to the collection and use of Your personal information by Us and Our affiliates to monitor use of financial services, in order to detect fraud, develop needed products and services, and offer members needed services.

However, if You have given or hereafter give express consent to the collection, use and further disclosure of Your Personal Information by the Financial Institution in form and content that is more permissive than the consent provided herein, the other form of consent shall govern our relationship.

We will be guided in the exercise of Our discretion by the principles of the Canadian Code of Practice for Consumer Debit Card Services in administering the operation of Debit Card Services, although both You and We acknowledge and agree that it is not binding for purposes of this Agreement.

You will be solely liable for any losses, damages and expenses incurred as a result of Your use of Mobile Payment Services for Small Business on a compromised Mobile Device. You further acknowledge that You will properly maintain the security of Your Mobile Device used in conjunction with Mobile Payment Services for Small Business by protecting it with a secure access code or biometric, by knowing its location at all times, and by keeping it up to date with the latest operating system software, security patches and anti-virus and anti-spyware programs.

You will not allow other persons to store their biometrics on Your Mobile Device. We do not warrant the operability or functionality of Mobile Payment Services for Small Business or that it will be available to complete a Transaction;. We do not warrant that any particular merchant will offer the payment method accessed through Mobile Payment Services for Small Business; and. We do not guarantee the availability or operability of any wireless networks or of any Mobile Device.

Furthermore, You explicitly exclude Us, all partners and associated service providers from all liability whatsoever in relation to Mobile Payments Services for Small Business, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of Mobile Payments Services for Small Business.

You acknowledge and confirm ownership of the respective intellectual property rights by the Financial Institution and its partners and associated service providers.

You will not license, sublicense, market or distribute Mobile Payment Services for Small Business, or provide any copies to a Third Party. You will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of Mobile Payment Services for Small Business, and You will not use any part of Mobile Payment Services for Small Business to gain access to interconnecting software applications to do the same.

You understand that We may monitor and enforce compliance with these terms. A Remote Instruction is deemed received by Us only when actually received and brought to the attention of an authorized officer, agent or processor of the Financial Institution capable of acting upon and implementing the Remote Instruction. Remote Instructions can be transmitted to the Financial Institution at the telephone or fax number or email address provided by Us, or at such other telephone or fax number or email address as We may advise You by notice in writing, or online through the Direct Services web portal.

Any one person purporting to be the Depositor may act alone and provide Remote Instructions to the Financial Institution, even if 2 or more signatures are otherwise required to operate the Account. The Financial Institution, acting reasonably, is entitled to assume that any person identifying himself or herself as You is in fact You, and can rely upon such, and We may act on the Remote Instructions provided by any such person as fully authorized by You, even if such were not.

If the Depositor does not wish to permit Remote Instructions, then the Depositor should not subscribe to The Services. Verification may take place at a date later than the date You authorized the Transaction, which may affect the Transaction date.

Notwithstanding any other provision herein, if at any time the Financial Institution, acting reasonably, ever determines that a credit made to or traced to the Account was made in error or based upon a mistake of fact, or induced through or in any way tainted by fraud or unlawful conduct, We may place a hold on the credit and reverse the credit and any applicable interest. In the absence of evidence to the contrary, Our records are conclusive for all purposes, including litigation, in respect of any instructions given by You to Us through the use of the Debit Card; the contents of any envelope deposited into Your Account at an ATM; the making of a withdrawal, deposit or transfer through the use of the Debit Card; and any other matter or thing relating to the state of accounts between You and Us.

Our records of all Transactions will be deemed to be correct and will be conclusive and binding on You. All Transactions will appear on the regular statements of account for the Account. If You believe or suspect that the records of the Financial Institution contain an error or omission, or reflect unauthorized Account activity, You must give immediate written notice to Us, and in any event, must do so within the shorter of the time provided in the Account Agreement or 45 days from the date of the Transaction.

In no event will We be liable for any delay, inconvenience, cost, loss, or damage whether direct, special, indirect, exemplary, or consequential whatsoever caused by, or arising from, any such error or omission. In no event will We be liable for any cost, loss, or damage whether direct, indirect, special, or consequential suffered by You that is caused by:.

You further agree that You will notify Us immediately:. The notification requirement above in b does not apply if You have disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 30, Personal Financial Management and You are otherwise unaware of suspected or actual misuse or unauthorized use or activity.

You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. You are liable for all transfers to linked accounts. You bear all risk for all such Transactions. The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances.

The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

We will investigate and respond to the issue in a timely way. We will not unreasonably restrict You from the use of the Account subject to dispute, as long as it is reasonably evident that You did not cause or contribute to the problem or unauthorized Transaction, have fully cooperated with the investigation, and have complied with this Agreement and the Account Agreement.

We will respond to reports of a problem or unauthorized Transaction within 10 business days and will, within a reasonable period of time thereafter, indicate what reimbursement, if any, will be made for any loss incurred by You.

Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that You have complied with this Agreement and on the balance of probabilities it is shown that You took all reasonable and required steps to:. You acknowledge and shall ensure that any private Access Terminal used by You to access The Services is auto-locked by a password or biometric to prevent unauthorized use of that Access Terminal, has a current anti-Contaminant program, and a firewall, and that it is Your personal responsibility to reduce the risk of Contaminants or online attacks and to comply with this provision.

You further acknowledge that to reduce the risk of unauthorized access to the Account through the Access Terminal, You will sign out of The Services and, where applicable, close the browser or banking app when finished using it. You further acknowledge that using public or shared computers and certain other Access Terminals through an open WiFi or shared Bluetooth portal, to access The Services increases the risk of unauthorized access to the Account, and You will take all reasonable precautions to avoid such use or inadvertent disclosure of the PAC, PIW and PIN.

You agree to diligently supervise and monitor the conduct and work of all agents having any role in the preparation of Your Instruments, Your reconciliation of the statement of account for the Account, or other banking functions. The Financial Institution and Central 1 have no liability for those other websites or their contents or the use of Third Party services. Links are provided for convenience only, and You assume all risk resulting from accessing or using such other websites or Third Party services.

You acknowledge and agree that:. Depositors must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement and apply to the extent permitted by law.

Without limiting the foregoing, You will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential, incurred by the Indemnified Parties as a result of:. This indemnity will enure to the benefit of the Indemnified Parties and will be binding upon You and Your heirs, executors, successors, and assigns and shall survive the termination of this Agreement for any act or omission prior to termination as gives rise to an indemnified claim, even if notice is received after termination.

Claims must be made in writing to Us within the specified time period and in compliance with the Rules, as amended from time to time. If You breach these provisions Your participation in The Services or any service provided by Us or a Third Party may be suspended or terminated.

If the Accounts are linked through Direct Services, then:. You acknowledge and agree that such images are made available by Us as a service to You and the provision of such images does not mean that the Transaction has been processed, nor does it in any way oblige Us to honour or accept the Instrument. You acknowledge and agree that such images are made available by Us as a service to You and the provision of such images does not in any way oblige Us to permit You to view and print images of documents.

The issuance of the Debit Card does not amount to a representation or a warranty that any particular type of service is available or shall be available at any time in the future. This Agreement, and the fact that You have the use of the Debit Card, does not give You any credit privileges or any entitlement to overdraw Your Account, except as may be provided by separate agreement with Us. Withdrawals or transfers effected by the use of the Debit Card will be debited to Your Account at the time they are made.

You will not deposit any coins or worthless, counterfeit or fraudulent items to Your Account, into any ATM, or using Your Mobile Device, and will pay to Us any damages, costs or losses suffered by Us as a result of any such deposit.

However, in the event of alteration of Your Account balance due to technical problems, card issuer errors and system malfunctions, You will be liable only to the extent of any benefit You have received, and will be entitled to recover from the Credit Union any direct losses You may have suffered. The Financial Institution will have the discretion to relieve You from liability for unauthorized use of Your Debit Card either through no fault of Your own or in a case where You have inadvertently contributed to the unauthorized use of Your Debit Card.

You will co-operate in any investigation. We will not be liable to You for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a POS Transaction.

You understand that You must not use Your Debit Card, for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in Your jurisdiction. The instant such notice is actually received by Us or when We are satisfied that You became the victim of fraud, theft, or coercion by trickery, force or intimidation, Your liability for further use of the Debit Card or Mobile Payment Service will terminate, and You will be entitled to recover from Us any subsequent losses suffered by You through the use of the Debit Card or Mobile Payment Service.

We will not unreasonably restrict You from the use of any funds subject to dispute, provided that it is reasonably evident that You did not contribute to the problem or unauthorized Transaction. We will respond to Your report of a problem or unauthorized Transaction within 10 business days and will indicate what reimbursement, if any, will be made for any loss incurred by me. Reimbursement will be made for losses from a problem or unauthorized use in this time frame provided that on the balance of probabilities it is shown that You did not knowingly contribute to the problem or unauthorized Transaction and that You took reasonable steps to protect the confidentiality of Your PIN or Passcode.

An extension of the 10 day limit may be necessary if We require You to provide a written statement or affidavit to aid its investigation. If You are still not satisfied, the issue will be referred to either a dispute resolution service or external mediator, as agreed between You and Us. Neither We nor You will have the right to start court action until 30 days have passed since the issue was first raised with Us.

Any dispute related to goods or services supplied in a POS Transaction is strictly between You and the Merchant, and You will raise no defense or claim against Us. FEES — You acknowledge having been advised of, and will pay, the applicable fees now in effect for services available under this Agreement. New or amended fees for Mobile Payment Services will only become effective 30 days after publication by Us. When a conversion of currency is made We may act as principal with You in converting the currency at rates established or determined by Us, affiliated parties, or through parties with whom We contract for foreign exchange services.

In addition to applicable Service Charges, We, Our affiliates and contractors may earn revenue, commissions, or fees on currency conversions. You agree that such revenue, commissions or fees may be included in and charged as part of the exchange rate charged to You. The cost of currency conversion may not be known to You or precisely determinable in advance or until the amount of the Transaction is charged to Your Account.

If currency conversions on this basis are not acceptable to You, You agree that You will not transact in foreign currency on Your Account, including withdrawing foreign currency from ATMs, POS Transactions in foreign currency, by use of Direct Services or Mobile Payment Services or delivering any Instrument or processing any Transaction to Us for deposit in a currency other than the currency of Your Account.

We agree to convert currency at commercially reasonable rates, including revenue, commissions, and fees charged in respect of the conversion. When You purchase foreign currency from Us, in branch, the rate of exchange We charge You and any Service Charges You must pay will be disclosed or, alternatively, made available to You on request, at the time of the Transaction.

If You deposit Instruments or process a Transaction denominated in a currency other than the currency of Your Account, and We accept the Instrument or Transaction for deposit, You agree that We may convert the amount of the Instrument or Transaction to the currency of the Account using the Our sell rate for the currency of the Instrument or Transaction in effect at the time the conversion is processed.

If We have not established a sell rate for the currency of the Instrument or Transaction in the currency of Your Account, You agree that We may:. You also agree that if any Instrument or Transaction in a currency other than the currency of Your Account is accepted for deposit, such deposit is provisional and subject to reversal.

If any such Transaction must be reversed, the process outlined above for conversion of Your deposits, will apply to conversions undertaken for return of funds, and that You may be charged additional fees, commissions and Service Charges, as part of that conversion.

The amount charged to Your Account for return of funds may be different than the amount of the deposit. The risk of loss on such Transactions shall be borne by You without any right of recourse against Us, and without any right to recover any fees charged to You in respect of the original deposit. The Instruction We receive may ask Us to pay a stipulated amount that may either be denominated in Canadian Dollars or in U.

The Transaction amount between You and Us will be the amount of Your Transaction, plus any fees by the owner of the ATM or POS, plus any revenue, commissions or fees of Third Parties that processed the Transaction or converted the foreign currency before it is received as a debit Instruction by Us. Foreign currency conversion completed by Third Parties occurs at rates that We do not set, and which may include revenue, commissions or fees of those Third Parties. More than one currency conversion may be completed by Third Parties before Your Instruction is received by Us.

The amount ultimately charged to Your Account will at a minimum be the amount of the Instruction either in the currency of Your Account or U. Dollar value of the Instruction received by Us through the electronic network. Dollars, the amount charged to Your Account will be the amount of the U. Dollars in effect at the time of the conversion.

Our services charges and fees for Transactions on Your Account may be added to the Transaction in accordance with Our published service and fee brochure. Currency conversions will be completed when and at rates in effect when the Transaction is processed by Us which may not be the same rate in effect when We complete Your Transaction.

You hereby consent to the collection and use of Your personal information by Us and Our affiliates to monitor use of financial services, in order to detect fraud, develop needed products and services, and offer members needed services.

However, if You have given or hereafter give express consent to the collection, use and further disclosure of Your Personal Information by the Financial Institution in form and content that is more permissive than the consent provided herein, the other form of consent shall govern our relationship.

The Financial Institution may terminate or suspend Your use of the Mobile Payment Service for any reason at any time without notifying You in advance. You will be solely liable for any losses, damages and expenses incurred as a result of Your use of the Mobile Payment Service on a compromised Mobile Device. You further acknowledge that You will properly maintain the security of Your Mobile Device used in conjunction with the Mobile Payment Service by protecting it with a secure access code or biometric, by knowing its location at all times, and by keeping it up to date with the latest operating system software, security patches and anti-virus and anti-spyware programs.

You will not allow other persons to store their biometrics on Your Mobile Device. You understand that You should keep Your physical Debit Card with You to use in the event the Mobile Payment Service is unavailable for whatever reason.

Furthermore, You explicitly exclude Us, all partners and associated service providers from all liability whatsoever in relation to the Mobile Payments Service, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of the Mobile Payments Service. You acknowledge and confirm ownership of the respective intellectual property rights by the Financial Institution, its partners and associated service providers.

You will not license, sublicense, market or distribute the Mobile Payment Service, or provide any copies to a Third Party. You will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Mobile Payment Service, and You will not use any part of the Mobile Payment Service to gain access to interconnecting software applications to do the same.

You understand that We may monitor and enforce compliance with these terms. You also agree to keep this copy of this Agreement for Your own records. You understand You may obtain from any branch of the Financial Institution a copy of any changes to this Agreement or the revised agreement.

You are responsible for regularly reviewing the terms and conditions of this Agreement. If You use these Services after the effective date of an amendment to this Agreement, it will mean that You agree to the amendment and adopt and are bound by the newer version of this Agreement. You must not change, supplement, or amend this Agreement by any means.

This Agreement applies to any Account specified herein, as well, to any other account designated by You from time to time for use in connection with the Debit Card or Mobile Payment Service. In addition to this Agreement, the terms and conditions of the Account Agreement between You and the Financial Institution will apply to The Services and to Transactions made under this Agreement, except as expressly provided otherwise in this Agreement. If there is a conflict between the terms and conditions of the Account Agreement or any other agreements between You and the Financial Institution and the terms and conditions of this Agreement, then the terms and conditions of this Agreement will supercede and apply in respect of The Services.

There are no representations or warranties made by Us to You concerning The Services except for the representations, warranties, and obligations of the Financial Institution as expressly set out in this Agreement. Any advice, information, or statements provided by Us, Central 1, or their service providers, agents, or their representatives, whether oral or written, will not create any representation, warranty, or condition or vary or amend this Agreement, including the above liability exclusions, liability limitations, release and indemnity provisions, and You may not rely upon any such advice or information.

NOTICES — Any notice required or permitted to be given to the Financial Institution in connection with this Agreement must be in writing and must be addressed and delivered to the Financial Institution at the address or fax number set forth on the Account Agreement. You are deemed to have received any notice sent by Us to Your Contact Info on the earlier of the time and date that You actually receive the notice or 24 hours after We send it, if sent by email, SMS Text or facsimile and 5 days if sent by mail.

Notices published on Our Website are deemed published on the day when first published.