360 Checking Agreement
THE BASICS – here ‘ s a quick overview of how your account works. You can have up to three separate 360 Checking accounts. If this is your first 360 Checking explanation, you ‘re requesting that we automatically issue a debit card ( the “ Card ” ) to you, and we ‘ll automatically link each extra 360 Checking history to the debit card .
360 Checking is an electronic check account that pays you interest. 360 Checking enables you to pay any person or company you want, arsenic farseeing as the person or company is located in the United States ( not including U.S. territories ) – you ‘ ll just pay them by visiting our web site and clicking a few buttons. And all the while, the money in your 360 Checking doesn ‘ triiodothyronine just sit there – it earns interest !
The 360 Checking Agreement includes our electronic Fund Transfer Disclosure Statement ( “ EFT Disclosure ” ) ( jointly, the “ 360 Checking Agreement ” ). You need to read this agreement and hold onto it in font you have any questions down the road. Please understand that by applying for 360 Checking and/or using our 360 Checking features, you ‘ rhenium agreeing to be bound by the terms of the 360 Checking Agreement, in addition to any other agreements you have entered into with us .
ELIGIBLE CUSTOMERS – 360 Checking is available to United States citizens or lawful permanent residents with a U.S. physical address or with military addresses ( APO or FPO ), who are at least 18 years old with a valid Social Security number, and with a US-based mobile telephone number. Individual Taxpayer Identification Numbers ( ITINs ) are acceptable for report opening in Branches and Capital One Cafés.
You must besides be a paperless Customer – that means that ( one ) you must keep us supplied with your valid e-mail cover ; and ( two ) you must agree to accept electronic manner of speaking of all communications ( like end-of-year tax forms and electronic statements ) that we need or decide to send you .
ACCOUNT TYPE/ACCOUNT OPENING – 360 Checking is a transactional account that pays a variable rate of concern and allows you to make certain payments and transfers to third base parties. You ‘ ll besides be able to transfer funds from your capital One, N.A. account to any other capital One, N.A. score you have ( except existing Certificates of deposit ) .
If you already have an account with us at the meter you open your 360 Checking account, your existing Linked Account ( south ) will besides be linked to your 360 Checking score. We reserve the veracious to verify that you are the owner of the Linked Account .
Your 360 Checking account won ‘ deoxythymidine monophosphate be considered “ opened ” until it ‘ s funded. This means your libra must be at least a penny. If you have an existing Overdraft Line of Credit linked to an existing 360 Checking account, you can link it to your newfangled 360 Checking report, but you will be unable to access it until you fund the newly 360 Checking account .
OBTAINING CREDIT REPORTS – We may request a consumer ( credit ) report in connection with your account ( s ). Upon your request, you will be informed whether or not a consumer ( credit ) report card was requested, and if such reputation was requested, informed of the name and address of the consumer ( credit ) report agency that furnished the report. We may besides request subsequent consumer ( credit ) reports for all legitimate purposes in connection with update, renewing, reviewing, modify, and/or taking solicitation natural process on your account ( sulfur ) .
REPORTING INFORMATION TO CONSUMER REPORTING AGENCIES AND CHECK VERIFICATIONS SYSTEMS – We may report information about your account to consumer report agencies and/or check verification systems. Defaults on your account may be reflected in your consumer report. This could affect your ability to open accounts in the future. In the event we report your account to a see verification system, you acknowledge that evening if you pay us all amounts owed, we are not required to remove an accurate report of bill mishandling from any such check verification system .
TYPES OF ACCOUNT OWNERSHIP :
- Individual Account. This type of account is owned by one person and only that person can transfer or take money out of 360 Checking or use the Overdraft Line of Credit.
- Joint Account. This type of account is owned by two people and all deposits made into the account are owned by both people. Except for certain retirement benefits like Social Security, if one person dies, the money in the account then belongs only to the survivor (and not to the estate of the deceased person). The owners of the account are considered to be “joint tenants” with right of survivorship. Any owner of the account may: 1) tell us to pay a person or company; 2) withdraw, transfer funds or close the account without the other owner’s consent; 3) pledge the account to us as collateral for a debt owed to us; 4) deposit checks payable to any joint owner; or 5) borrow money from us using the Overdraft Line of Credit. Each of you can enter a stop payment order on any payments or other orders of withdrawal authorized by either of you.
If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the report and garbage to pay all items ( including items authorized by the owner making the request ), but we are not required to do sol. If we restrict the history, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the report will affect items that we paid before the request. If we decide not to restrict the report, all joint owners remain responsible for items subtracted from the bill .
We may besides pay all or any depart of the funds in the report to a motor hotel or government means if we receive a garnishment, levy or exchangeable legal process that identifies any of the joint owners .
- Revocable Living Trust (also known as inter-vivos trust) Account. This type of account is owned by a living trust and is managed by one or more Trustee(s) (“Trustee/Co-Trustees”). If the Trust requires Co-Trustees to act jointly, all Co-Trustees acknowledge that we cannot comply with multiple-signature requirements, and that each Trustee has obtained the necessary consent before performing a transaction. For example, this means that any Co-Trustee may: (i) tell us to pay a person or company; (ii) withdraw or transfer the balance without the other Co-Trustees providing consent to Capital One; (iii) make deposits, close or pledge the account to us as collateral for a debt owed to us; (iv) endorse and deposit checks payable to either Co-Trustee or the living trust; or (v) borrow money from us using the Overdraft Line of Credit. Each Co-Trustee can enter a stop payment order on any payments or other orders of withdrawal authorized by either Co-Trustee. Each Co-Trustee understands and agrees that (s)he, and not Capital One, owes a fiduciary duty to the beneficiaries of the living trust and as such, shall manage the account in accordance with the terms of the trust document(s) and any applicable laws.
- “Payable on Death” (POD) – You may designate an individual or joint account to be payable upon your death to a designated beneficiary or beneficiaries. Only an individual may be designated as a beneficiary. POD accounts are also known as “In Trust For” (ITF)”, “As Trustee For” (ATF), “Transfer on Death” (TOD) or “Totten Trust” account and are governed by applicable state laws and regulations. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements.
During your life sentence, the funds in the history belong to to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary ( ies ) have no concern in the account and can not perform transactions on the account. You may withdraw all or part of the account balance, close the score, remove or add POD beneficiaries or change the report character or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our proper to charge the report for any amount a die owner, co-owner or POD benefactive role owes us ; if any beneficiary is under the age of 18 years at the prison term he would be entitled to receive property under the terms of the former provision, we will pay such person ’ sulfur contribution to any person who is the statutory or court-appointed custodian for the benefit of such person .
CONNECTING ACCOUNTS – If you have more than one eligible capital One explanation, we will mechanically “ associate ” your eligible accounts so they appear when you ‘ re logged into your explanation through the web site or mobile app .
We will display only drumhead information about your “ connected ” accounts. To get any early information or behave any activity on these account types, you must access the specific report service sphere for that report. All connected bank accounts will be visible when you log into your account through the web site or mobile app. Keep in mind that certain features, data, types of transactions or other services may not be available for all of your connect accounts. ampere retentive as you maintain your alone logarithm in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you parcel accounts will only be able to view accounts that are shared with you, not your individual accounts .
DEPOSITS – This report allows you to make deposits by cash, match, Automated Clearing House ( ACH ), domestic telegram transportation or other payment network transfers, or remove from another eligible capital One, N.A. deposit account .
Any transaction that you conduct on Saturday, Sunday, a federal vacation, or other days on which we are closed may be handled the be business day .
Checks you deposit must be collectible to you or to the populate confidence ( in the encase of a trust report ) .
We may refuse all or separate of a deposit. We besides may refuse a down payment after initially accepting it. If we do that, we will reverse the amount added to your explanation and send it to you via determine or your external linked account. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made. If you have enrolled in one of our overdraft protective covering services, this may result in a transfer .
If a check from a disconnected lodge is returned amateur, we ’ ll subtract the full sum of the check from the explanation that received the largest dowry of the check. If the deposit was split for an equal come, we ’ ll withhold the wide amount of the check from the first report in the transaction sequence .
once your account is open, funds will be available according to the Deposit Availability Disclosure incision of this agreement .
If a check or other lodge is returned to us amateur or is differently charged back to us, we will deduct the amount of the check/deposit from your account. If the check was deposited into 360 Checking and multiple other Capital One accounts, we will debit your 360 Checking account for the full measure .
Deposits made to your 360 Checking history will be applied as follows :
- First: to any billed but unpaid interest on the Overdraft Line of Credit you may have;
- Second: to any outstanding principal balance on your Overdraft Line of Credit; and
- Third: to your 360 Checking account.
foreign checks are handled as solicitation items merely and are converted at our current day by day rate and credited in U.S. dollars. Foreign checks sent for solicitation are exchanged at the exchange rate on the day of payment. All returned foreign checks will be charged back to your account at the rate used when initially credited and may be national to a restitution tip and foreign bank care ( if applicable ). Any payment ( sulfur ) made to you from such items shall be provisionally credited to your account until we receive final payment from the alien bank. Please note that while the extraneous check collection serve typically takes anywhere from four to six weeks, we have no restraint over the procedure once a check is sent for alien solicitation. accordingly, the work may take longer, depending on the extraneous trust. You hereby waive notice of dishonor, default, or protest with esteem to any items credited to or charged against your account .
At our discretion, we may make funds available for certain direct deposits ( for example, most payroll payments ) adenine soon as the payor notifies Capital One of the payment. This means we can make your money available to you up to 2 days before we receive the funds from the payor. This will be reflected on your bill transaction history. If your lead deposits are already sent to your Capital One 360 Checking account, you do not need to take any extra military action. Earlier handiness of directly deposits is pendent on the timing of your payor ’ sulfur requital instructions, fraud prevention overlays, and other restrictions, such as limits on the come and frequency of direct deposits to your account. These limits are designed to be flexible in order to protect the security and integrity of the serve and accounts. These limitations may be based on confidential fraud and risk criteria that are necessity to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without promote notice. capital One does not guarantee early handiness of any calculate deposits, and eligibility of a direct deposit for early handiness may change between pay periods. Any aim deposition that is not posted early will otherwise be made available according to our funds handiness schedule. even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected, or otherwise uncollected by the Bank. We reserve the right to conclude the early handiness of direct down payment at our sole discretion and without any promote comment to you .
WITHDRAWALS AND TRANSFERS – Generally, you can withdraw or transfer money from your 360 Checking history by 1 ) using our web site or mobile app ; 2 ) using the Card we give you to make withdrawals at ATMs and points of sale ( “ POS ” ) ; 3 ) visiting one of our branch locations ; 4 ) using Checkbooks ; or 5 ) calling us. You can besides transfer money at a Capital One ATM terminal between any accounts that are linked to your Card. We may limit, refuse or return any withdrawal or transfer of funds from your 360 Checking report that is made in a manner not permitted by us .
unblock transfers to or from your own linked account at another fiscal mental hospital are processed via the automatize clear sign of the zodiac ( ACH ) network, and will typically take 3-4 occupation days to transfer. If you want more detailed data regarding electronic transfer times, see the Electronic Fund Transfer Disclosure Statement .
FOR YOUR PROTECTION AND OUR PROTECTION – You authorize us to follow any instructions you give to us. We reserve the right to contact you to obtain confirmation of any instruction before processing it. however, we ‘ re not required to confirm any direction that looks like it was made by you, and we won ‘ thyroxine be liable if we don ‘ triiodothyronine contact you. We ‘ re besides not required to confirm the actual identity or authority of anyone who uses your Password or a personal designation count ( “ PIN ” ) or any account access device we gave you ( like the Card ) ( jointly, “ E-Identification ” ). We reserve the right, at our sole discretion and without notice, to refuse to make a secession or transportation for security, credit, legal/regulatory or early reasons, and to refuse to honor withdrawal or transportation requests that appear to be deceitful or erroneous. We can limit, refuse or return any withdrawal or transfer of funds from your score that is made in a direction not permitted by us .
STATEMENTS – As required by law, we ‘ ll provide you with a statement at least 4 times a year. Your statement will be made available to you based on your selected rescue method acting. Payments or transfers you make will be listed on your argument. You agree to notify us within 60 days if you think there ‘ s an error or unauthorized transaction shown on your argument .
360 Checking Features
now, here ‘ s the REALLY matter to stuff …
You can use your 360 Checking account to instruct us, subject to the terms below, to, on your behalf, ( one ) pay bills ; ( two ) mail a cashier ‘s check to any person or business in the U.S. except military addresses or P.O. boxes ; ( three ) make a requital to another person using the “ Send Money with Zelle ” feature ; ( four ) transfer money to or from your own accounts at Capital One or other fiscal institutions ; and ( vanadium ) send an surpass domestic wire. You authorize us to follow your payment instructions, and we reserve the proper, at our sole discretion and without notice, to refuse to follow your payment instructions or otherwise transfer money for security, credit, legal/regulatory or other reasons, and to refuse to honor payment or transfer requests that appear to be deceitful or erroneous .
Bill Pay Feature
You can use 360 Checking ‘ s Bill Pay Feature ( “ Bill Pay ” ) to pay bills as explained in this section of the 360 Checking Agreement. You can make current, future, erstwhile, and recurring bill payments to Billers. You may besides receive electronic bills from a Biller to help you keep organized and cut down on your mail. You use beak Pay by providing a payment teaching to us for a bill payment to be made to a Biller ( for model, the Biller ‘ south mention, account count, and Send on Date ). Keep in mind, all bill payments and any Bill Pay charges will be mechanically debited from your 360 Checking .
Please remember that you can alone make payments to Billers with mailing addresses in one of the 50 United States or with military addresses ( APO or FPO ). We reserve the right to refuse to pay any Biller. Don ‘ thymine worry though, we ‘ ll notify you promptly if we decide to refuse to pay a Biller. This telling is not required if you attempt to make a forbidden payment or an exception Payment. Please understand that Billers and/or the US Postal Service may return payments to us for assorted reasons such as die addresses, invalid account numbers, the inability of the Biller to locate your report ; or your bill being paid in fully. We promise to attempt to research and correct the hark back payment and return it to your Biller, or void the payment and credit your 360 Checking .
- “Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
- “Billing Account” is the checking account from which all Service fees will be automatically debited.
- “Due Date” is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late payment date or the date beginning or a date during any grace period.
- “Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
- “Payment Account” means any transaction account designated by you from which payments will be made through the bill payment features of the Services, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. For further information, please contact your Account Officer or Online Banking Customer Service at 1-877-383-4802.
- “Payment Instruction” is the information provided for a payment to be made under the Online Bill Pay Service, which includes the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
- “Scheduled Payment Date” is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the Scheduled Payment Date will be considered to be the previous Business Day.
- “Scheduled Payment” is a payment that has been scheduled through the Services but has not been processed.
- “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
We are offering you Online Banking through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. however, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are entirely responsible to you and any third base party for the regulative province that extends with the Service. You agree that we have the veracious under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be one-third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us .
You authorize us and our Service Providers to process the transactions permitted under this Agreement for you as requested by you from clock to time, and you authorize us and our Service Providers to post transactions to your account ( sulfur ) as directed. You may request a payment be delivered one time, or on an automatic rifle recurring basis in such manner as you direct. We reserve the correct to refuse payment to any Biller to which you may direct a requital. We will notify you promptly if we decide to refuse to pay a Biller designated by you. The presentment is not required, however, if you attempt to make a payment under the section ( s ) titled “ Prohibited Payments ” of this Agreement. You authorize us and our Service Providers to debit your bill ( second ) for any and all fees for the extra services ( as described below ) you have chosen to utilize .
Withdrawal of Funds for Bill Payment and Payment of Fees
You have the option of selecting from which one of your depository accounts the Service will withdraw funds for circular payments. We may assess fees, for which you shall be apt, in the event we provide to you, upon your request, any one or more of the follow extra services, or other extra services for which fees are charged :
- Provision of copies of checks which have cleared your account and have been paid
- Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account
- Manually issuing a check upon your special request
cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not even paid anterior to your cancellation of such avail. You understand the dollar amount of these fees is published in the Capital One Fee Schedule available at any Capital One banking position, via an electronic mail request, or by calling Customer Service at 1-877-383-4802 .
Payment Authorization and Payment Remittance
By providing us with names and explanation information of Billers to whom you wish to direct payments, you authorize us to follow your payment Instructions. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accord with instructions we receive from your Billers .
Our receipt of your placard payment instructions authorizes us to debit your Payment Account and remit funds on your behalf to the designated Biller to allow the funds to arrive at the destine Biller ‘s location a near as reasonably possible to the scheduled Payment Date designated by you. You besides authorize us to credit your requital report for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service .
We will attempt to by rights and seasonably make all your payments. however, you agree that we shall incur no liability, and any Bill Pay Guarantee shall be null, if we are unable to complete any payments initiated by you because of the being of any one or more of the pursue circumstances :
- Through no fault of ours, there are not available sufficient funds in your 360 Checking plus any available Overdraft Protection amount;
- Bill Pay is not working properly and you know or we‘ve told you about the problem before you try to give us Payment Instructions;
- You haven‘t given us the correct name, address, phone number, or account number for the Biller; and/or,
- Circumstances beyond our control (like a fire, flood, or other disaster) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Please see the section of this Agreement titled “ ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT ” for information regarding questions or errors about funds transfers or bill payments made through the Services .
If a requital posts after its Scheduled give birth By date because the Biller ( s ) failed to citation your requital promptly after receipt, but you scheduled the payment in accordance with this Agreement and none of the early exceptions set forth in the section titled “ Our duty for Payment and Funds Transfers ” of this Agreement, we will assist you and your Biller ( mho ) in attempting to resolve any delay payment issues .
Provided none of the forfeit exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account, in accord with the electronic funds transfer disclosures provided to you at account open, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any recently payment related charges .
We ‘ ll startle processing a payment that you schedule through Bill Pay ( “ Scheduled Payment ” ) and take the payment come out of your 360 Checking on the date that you select ( “ Send On Date ” ). The earliest possible date that your Biller will receive the requital ( “ Deliver By Date ” ) is typically 4 or fewer business days after the Send On Date. Our commercial enterprise days include every day other than Saturday, Sunday or one of the federal holidays, or other days we are closed ( “ business day ” ). The Deliver By Date will be displayed when you are scheduling the payment. It is critical that you select a Send On Date with a deliver By Date no late than the due date required by your Biller for the payment ( “ Due Date ” ). If you give us Payment Instructions on a non-business day, the earliest station On Date you can select will be the future business day. If you select a Send On Date that falls on a non-business day, the Send On Date will be the prior business day. If you close your 360 Checking, any payments already processed through Bill Pay before the date your 360 Checking is closed will be completed. All schedule Payments, including recurring payments, will not be processed once your 360 Checking is closed. When you are setting up your payment Instructions, the Service will indicate the earliest possible scheduled payment Date for each Biller, ( typically four ( 4 ) or fewer Business Days from the current go steady ) .
You will not be able to select a schedule payment Date anterior to this earliest possible go steady. When scheduling payments, you must select a scheduled payment Date that is no belated than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a schedule requital Date that is at least one ( 1 ) Business Day before the actual Due Date. Scheduled payment Dates must be anterior to any late date or grace period .
Bill Pay Guarantee
We can ‘ t control everything – there are circumstances beyond our control like delays in handling and posting payments by Billers or early fiscal institutions. This means that some transactions may take longer than normal to be credited to your report with a Biller. Don ‘ t worry though – we will bear duty for any deep requital related charges, which have not been waived by the Biller, up to $ 100.00 should a requital post after its Due Date, provided : you scheduled an Online Bill Payment with a Scheduled deliver By date in accord with the incision under this Agreement titled “ requital schedule ” ; none of the exceptions set forth in the segment titled “ Our responsibility for Payment and Funds Transfers ” of this Agreement exist ; the payment is not an Exception Payment ; and you otherwise comply with this Agreement .
There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Online Banking site to view your person transaction limits. We or our Service Provider besides reserve the right to select the method acting in which to remit funds on your behalf though the Service, and, in the event that your Payment Account is closed or differently unavailable to us, the method to return funds to you. These requital methods may include, but may not be limited to, an electronic debit, a composition check reap on the account of our Service Provider, or draft drawn against your report .
Payment Cancellation Requests
You can cancel or edit any schedule Payment ( including recurring payments ) free of bang by following the directions on the web site. Once we ‘ ve begun processing a payment, though, it can ‘ metric ton be cancelled or edited and you ‘ ll have to make a stop requital request .
Stop Payment Requests
You understand our ability to process a stop-payment request will depend on the payment method and whether or not a payment has cleared your Online Bill Payment Account. You understand we may not have a reasonable opportunity within which to act on any stop-payment request after we have already processed a payment. If you desire to stop any payment that has already been processed but has not so far cleared your report, you must contact Capital One Customer Service by calling Customer Service at 1-877-383-4802. You understand and agree that we will have no liability for failing to accommodate a stop-payment request. We may besides require you to present your request in writing within fourteen ( 14 ) days. The cathexis for each stop-payment request will be the current charge for such service as stated in our Account Disclosure .
We can not schedule Bill Payments to Billers located outside the United States or any of its territories, any individual payment greater than $ 100,000.00, or payments otherwise prohibited by law. The play along types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, obstruct, delete and/or reversion such payments :
- Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the Acceptable Use terms below; and
- Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
- Tax payments and court ordered payments.
In addition to the above-referenced banned payments, we may besides block and/or reversion payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed allow due diligence on and investigation of such charity or non-profit constitution and have determined its legitimacy, in our sole delicacy. In no event shall we or our Service Providers be apt for any claims or damages resulting from your scheduling of banned payments. We have no debt instrument to research or resolve any claim resulting from a banned requital. All inquiry and resolution for any misapply, mis-posted or misdirected forbid payments will be your sole responsibility and not ours .
You agree that you are independently creditworthy for complying with all applicable laws in all of your activities related to your function of the Service, careless of the function of the use, and for all communications you send through the Service. We and our Service Providers have the mighty but not the debt instrument to monitor and remove communications content that we find in our sole discretion to be exceptionable in any direction. In accession, you are prohibited from using the Service for communications or activities that : ( a ) violate any law, codified, regulation or regulation ; ( bel ) promote hate, violence, racial intolerance, or the fiscal exploitation of a crime ; ( vitamin c ) defame, pervert, harass or threaten others ; ( d ) include any language or images that are bigoted, hateful, racially offense, coarse, obscene, indecent or discourteous ; ( einsteinium ) encroach or violate any copyright, brand, right of publicity or privacy or any early proprietorship right under the laws of any jurisdiction ; ( fluorine ) impose an excessive or disproportionately boastfully lode on our infrastructure ; ( g ) facilitate any viruses, trojan horses, worms or other calculator programming routines that may damage, detrimentally intervene with, surreptitiously intercept or expropriate any system, data or information ; ( planck’s constant ) establish use of any automaton, spider, early automatic pistol device, or manual action to monitor or copy the Service or the helping of the Site through which the Service is offered without our anterior written license ; ( iodine ) establish use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service ; or ( j ) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors .
exception Payments may be scheduled through the Service, but Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service Provider be apt for any claims or damages resulting from your schedule of exception Payments. In no consequence shall we be apt for any claims or damages resulting from your request and scheduling these types of payments. The Bill Pay Guarantee, as it applies to any late requital related charges, is invalidate when these types of payments are scheduled and/or processed through the consumption of the Service. We have no obligation to research or resolve any claim resulting from your scheduling one of these types of payments. All research and resoluteness for any misapply, misposted or misdirected payments will be your sole responsibility .
Bill Delivery and Presentment (eBills)
The Service ’ s eBills sport enables you to receive electronic bills from participating Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain entirely creditworthy for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service ‘s electronic circular options, you besides agree to the follow :
- Presentation of electronic bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When you elect to receive electronic bills from a Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
- Paper Copies of electronic bills – If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
- Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
- Information provided to the biller – We can‘t update or change your personal information such as your name, address, phone numbers and email addresses, with your Biller. You‘ll need to make any changes by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide the Biller with your email address, service address, or other information requested by the Biller for purposes of the Biller matching your identity against its records or so the Biller can contact you about Bill Pay and/or bill information.
- Activation – When the electronic bill feature is activated we may notify the Biller of your request to receive electronic billing information. Your Biller may accept or deny your request to receive electronic bills. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it‘s your responsibility to keep your account current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
- Authorization to obtain bill data – You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills.
- Notification – We‘ll attempt to present all of your electronic bills promptly. In addition to notification on the website, we may send an email notification to your email address on file with us. It‘s your sole responsibility to ensure that your email address on file is correct. If you don‘t receive notification, it‘s your responsibility to periodically logon to Bill Pay and check for the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You‘re responsible for ensuring timely payment of all bills.
- Cancellation of electronic bill notification – You and Your Biller can each cancel the presentment of electronic bills at any time. The time that it takes to cancel an electronic bill may vary from Biller to Biller and can take up to sixty (60) days, depending on the billing cycle of each Biller. We‘ll notify your electronic Biller about the cancellation but it‘s your sole responsibility to make arrangements for an alternative form of bill delivery. We‘re not responsible for presenting any electronic bills that are already in process at the time of cancellation.
- Non-delivery of electronic bills – You agree to hold us harmless if the Biller fails to deliver your electronic bills. You‘re responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
- Accuracy and dispute of electronic bill – Keep in mind, we‘re not responsible for the accuracy of your electronic bills. We‘re only responsible for presenting the information we receive from the Biller. You must discuss and resolve any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail directly with your Biller.
This agreement does not alter your indebtedness or obligations that presently exist between you and your Billers .
You understand that you are not wholly enrolled in the Service until the Servicer verifies your identity and obtains other necessary information. By enrolling in the Service, you agree that the Servicer may request a revue of your credit file and/or credit reputation, through the use of a consumer report representation. You shall not incur a cost for this recognition review. In order to resolve payment-posting issues, you authorize the Servicer to gather any and all sanely necessity fiscal information from your Biller ( second ) or fiscal mental hospital ( s ) regarding your payment ( south ) .
We reserve the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, we will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Prohibited Payments section or Exceptions Payments part of this Agreement .
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for versatile reasons such as, but not specify to, Biller ‘s forwarding address expired ; Biller report act is not valid ; Biller is unable to locate report ; or Biller account is paid in full moon. The Service will attempt to research and correct the return payment and return it to your Biller, or void the payment and credit your requital Account. You may receive telling from the Service .
Failed or Returned Payment Instructions
In using the Service, you are requesting us to attempt to make payments for you from your Payment Account. If we are unable to complete the Payment Instruction for any reason associated with your payment Account ( for exemplar, there are insufficient funds in your Payment Account, or the payment Instruction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment ), the Payment Instruction may or may not be completed. In certain circumstances, we will attempt to debit the Payment Account a second prison term to complete the Payment Instruction. In some instances, you will receive a return notice from us. In each such case, you agree that :
- You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Payment Account to allow us to complete the debit processing;
- You may be assessed a fee by our Service Provider if the Payment Instruction cannot be debited because you have insufficient funds in your Payment Account, or the transaction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment, or if we cannot otherwise collect the funds from you. You hereby authorize us to deduct these amounts from your designated Payment Account, including by ACH debit;
- You will reimburse us and our Service Provider for any costs we incur in attempting to collect any amounts from you; and
- We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
Text Messages, Calls and/or Emails to You
“Send Money with Zelle” Feature
You can use 360 Checking ‘s “ Send Money with Zelle ” feature to authorize a one-on-one requital to early people ( like your friends, babysitter, or neighbor ), including folks who have accounts at Capital One. The transfer limitations are described in the “ Electronic Fund Transfer Disclosure Statement ” segment of this disclosure. You can not use your Overdraft Line of Credit for “ Send Money with Zelle ” transactions .
Our “ Checkbooks ” have allows you to order a checkbook so you can write physical checks. Each customer ‘s first 50 quantity checkbook is free. Fees vary on subsequent orders including checkbook for extra accounts. We may change the sum of the charge at any fourth dimension. besides, if you write a check in an sum that exceeds your available Balance plus any available Overdraft Protection measure at the time the check is presented to us for payment, we ‘ ll return the check .
Send an Outgoing Domestic Wire Feature
We may offer a “ Send an Outgoing Domestic Wire ” feature of speech and allow you to make a wire transfer from your 360 Checking. We will charge you a fee for using this sport, and the charge will be deducted from the checking account you use for the wire at the lapp clock time we deduct the sum of the wire. We may besides limit the amount you can send and where we will allow you to send the wire .
OVERDRAFTS – If your available Balance international relations and security network ‘ t enough to cover any requital or withdrawal you ‘ ve authorized ( including any applicable charges ), you agree that we can either overdraw your 360 Checking, allow an Advance from your Overdraft Line of Credit, initiate a transfer from your linked spare Savings Transfer account, or we can refuse to process the payment/withdrawal. If for some reason we allow your 360 check to be overdrawn, you must immediately make a deposition to cover the veto libra. This can happen if a transaction takes your 360 Checking libra negative or ( if applicable ) a transaction exceeds your available Overdraft Protection total. If we sue you to collect any overdraft, you agree that we ‘ ra entitled to collect all costs and expenses of lawsuit from you ( including the reasonable cost of an lawyer ), in accordance with applicable law. If we allow an advance from your Overdraft Line of Credit, you ‘ ra responsible for any matter to we charge in accord with the terms of the Overdraft Line of Credit Agreement. You agree that we aren ‘ thyroxine apt for any damages or expenses you incur due to any delay or failure of the ( one ) messenger ( or the US Postal Service ) in delivering any check ; and ( two ) any Payee or one-third party in crediting or processing a payment or withdrawal .
STOPPING/CHANGING/CANCELLING PAYMENTS – You may not stop, switch, or cancel a cashier ’ randomness check after your request for a cashier ’ sulfur arrest has been submitted to us. After a cashier ’ sulfur check has been issued, you may not stop, deepen, or cancel it unless it has been lost, undelivered, destroy, or was unauthorized. In this case, you must notify Capital One immediately and, after presenting an Affidavit, the funds will be replenished on day 95 after the cashier ’ s check was ordered. If you return a cashier ’ second check to Capital One, it will be replenished upon receipt .
For check requital requests made on checks written from your checkbook, you will be charged a fee. We can ’ deoxythymidine monophosphate guarantee that the arrest won ’ thyroxine be paid ( for case, if the check is cashed before we ’ ve had an opportunity to act on your check requital request ) .
refer to the Electronic Fund Transfer Disclosure Statement for information regarding electronic fund transfer stop payment requests .
Cancellation or Amendment of Funds Transfer for Outgoing Wires
once we receive a Funds Transfer Request, it may not be able to be canceled or amended. however, at our discretion, we may use fair efforts to act on any request for cancellation or amendment, provided that the method acting by which we are notified of a request for cancellation or amendment complies with our security procedures. however, we shall have no liability if such cancellation or amendment is not effected. You agree to indemnify and hold us harmless from any and all liabilities, claims, damages, costs and expenses we may incur in attempting to cancel or amend the Funds Transfer. Any cancellation or amendment of a Funds transfer by us shall relieve us of any obligation to act on the original Funds Transfer Request .
360 CHECKING CARD AND MULTIPLE ACCOUNTS – When you open your first 360 Checking bill, we will mechanically issue you a debit card. We will not issue extra debit cards for the extra 360 Checking accounts you open. If you open extra 360 Checking accounts, your debit tease will still be attached to the report that it was attached to. If you would like, you can change your nonpayment spend account on-line or over the call. The 360 Checking account that you choose as your default account will be the account for all ATM withdrawals and deposits american samoa well as point of sale ( POS ) transactions .
WHAT GETS PROCESSED WHEN – “ Outgoing Domestic Wires, ” “ Send Money with Zelle ” transactions, and cashier ‘s check will be processed deoxyadenosine monophosphate soon as potential after you enter them ( and the funds will be removed from your account immediately ). At midnight of each commercial enterprise day, we ‘ ll beginning process electronic fund transfers ( early than “ Bill Pay ” instructions ) scheduled for that business day. After all of those instructions have been processed, we ‘ ll then process all “ Bill Pay ” instructions scheduled for that business day .
If there aren ‘ thyroxine enough funds in your 360 Checking account to allow all of the schedule transactions for a business sidereal day to be completed … we ‘ ll procedure your scheduled electronic fund transfers ( other than “ Bill Pay ” instructions ) for that day first base. We ‘ ll then summons all scheduled “ Bill Pay ” instructions for that day from highest dollar amount to lowest dollar amount. We ‘ ll undertake every scheduled payment until we exhaust your available libra ( including your Overdraft Line of Credit/Free Savings Transfer account ). For case, if you schedule three Bill Pay transfers of $ 1,000, $ 500 and $ 250 for the same business day, but lone have $ 1,250 available ( including your Overdraft Line of Credit/ Free Savings Transfer account ), we ‘ ll foremost pay the $ 1,000 transfer. next, we ‘ ll attempt the $ 500 transportation. You won ‘ deoxythymidine monophosphate have enough funds, so we ‘ ll reject it. ultimately, we ‘ ll attempt the $ 250 transfer. You do have funds to cover this payment, so we ‘ ll process it .
YOUR RESPONSIBILITY – You ‘re creditworthy for all transactions you authorize, including any transactions or payments you unintentionally or unwittingly authorize, and any losses, charges or penalties incurred as a leave. You must follow all of our instructions when you request and authorize any 360 check features. You must have sufficient available funds in your 360 Checking report ( which may include any available credit from one of our overdraft services that you have previously enrolled in ) to cover any payment or transfer you request. If you authorize person else to use your 360 Checking score or Card, you ‘re responsible for everything that person does with your score, including any losses, charges or penalties incurred as a resultant role .
You ‘re besides responsible for giving us accurate Payee information. If any Payee information changes after you initiate a transfer or payment, you ‘re creditworthy for notifying us of these changes. If you tell us to make a payment to a especial Payee and you fail to give us the correct information, we ‘re not creditworthy or liable for the payment .
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BANK AND ANY OF OUR THIRD PARTY PROVIDERS WHO PERFORM 360 CHECKING RELATED SERVICES FOR YOU ON OUR BEHALF FROM ANY AND ALL CLAIMS AND LIABILITY ARISING FROM ( iodine ) YOUR use OR INABILITY TO USE BILL PAY ; AND ( two ) ANY PAYMENTS INITIATED BY YOU THAT AREN ’ ‘ T COMPLETED DUE TO LACK OF FUNDS IN YOUR ACCOUNT ( S ) .
UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE 360 CHECKING FEATURES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING NEGLIGENCE, even IF WE OR OUR THIRD-PARTY PROVIDERS KNOW THAT SUCH DAMAGES MAY OCCUR. BILL PAY AND OTHER 360 CHECKING FEATURES ARE PROVIDED “ AS IS ” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
OUR RESPONSIBILITY – If we do n’t complete a payment or transfer on fourth dimension, according to your by rights transmitted instructions, we may be liable for your losses or damages. however, there are some exceptions. For case, we wo n’t be apt for losses and damages if :
- you don’t have enough available funds in your 360 Checking account (including any available amounts from one of our overdraft services that you have previously enrolled in) to complete a payment or transfer, if your checking account has been closed, frozen, or isn’t in good standing, or if we reverse a payment or transfer because of insufficient funds;
- you haven’t properly followed our instructions;
- Payee or account information you give us is incorrect;
- you don’t authorize a payment or transfer soon enough for it to reach the Payee by its due date;
- you receive notice from a Payee that any payment or transfer you made remains unpaid or hasn’t been completed, and you don’t notify us promptly;
- withdrawals from any of your accounts have been prohibited by a court order or other legal process;
- your computer, software, any Internet service provider, or our interactive website or mobile app wasn’t working properly and this problem should have been apparent to you when you tried to authorize a transfer or payment;
- you, or anyone you allow to use your 360 Checking account, commits fraud or violates any law or regulation;
- circumstances beyond our control prevent a transfer or payment from being made.
Your 360 Checking Agreement, Overdraft Line of Credit Agreement and early agreements you may have with us contain other exceptions to the Bank ‘s liability. You agree that we don ‘ t have any province or liability for any act or omission beyond that which is imposed on us by law .
COLLECTION OF ITEMS – If we elect to receive checks and other items for collection, we act as your collection agent and don ‘ metric ton assume any duty beyond the drill of due care. We won ‘ thymine be apt for any default or negligence by any other banks we use to collect the check or item or for any loss in transit .
THINGS YOU TELL US TO DO – We may refuse to follow any of your instructions that in our sole sagacity are illegal or would expose us to potential liability. alternatively, we may require adequate security system or invoke other security measures to protect us from all losses and expenses incurred if we follow your instructions. You agree to reimburse us for any damages, losses, liabilities and expenses ( including, but not limited to, the fair costs of an lawyer ) that we incur in connection with your 360 Checking history if we take an action in accordance with your or what purports to be your oral, written or electronic instructions .
IF YOUR ADDRESS CHANGES – You must notify us of any change of address by calling us or using our batten web site. any poster we mail to you ( or email to you if you ‘ ve told us to communicate with you electronically ) will be binding and sent to the survive ( postal or electronic ) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service ( “ USPS ” ) or if a company in the commercial enterprise of providing chastise addresses informs us that the address in our records no long matches your cover. even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS .
COMMUNICATION – You agree that we may communicate with you by mail, call, electronic mail, facsimile, prerecorded message, automated voice, text message or other means allowed by law regarding your account. You agree that we may contact you at any telephone number ( including a mobile telephone number that you provide us ) and use an automated telephone dialing organization or alike device to do sol. You agree that we may monitor or record any conversation or other communication with you .
While we may be able to provide some customer aid in languages early than english, we can not guarantee that customer service will constantly be available in languages other than English. As a courtesy, we may translate some of our forms, letters and disclosures, including this agreement, into another speech. however, many authoritative savings bank documents, and some products and services related to this account, are provided only in English .
MONITORING AND CLOSING YOUR ACCOUNT – We reserve the right to monitor all 360 Checking and Overdraft Line of Credit bodily process for inappropriate use. We may close your 360 Checking at any time and for any reason. If we close your report, all collected funds ( less any amounts due to us ) will be transferred to your external Linked Account, mailed as a check to the address we have in our records, or credited to another report you have with us .
You may close your report at any time provided you do n’t have any outstanding balance on your Overdraft Line of Credit .
State laws ( called “ escheat ” or unclaimed place laws ) require us to close all your deposit accounts and transfer your money to the state if your accounts are abeyant for a period of clock as defined by your state of residence. Your score can become dormant if, for 24 months, there is no transactional activeness. Your account will remain dormant until funds are transferred to or from the dormant explanation. If all of your accounts become dormant, you may no longer receive wallpaper statements, but you can still view your accounts online .
state abandoned property police establishes guidelines under which unclaimed property must be surrendered to the applicable country. by and large, the funds in your account are considered unclaimed if you have not had any bodily process or communication with us regarding your explanation over a period of years, defined by your submit of residence. All products are discipline to abandoned property laws, including IRAs and CDs. If your funds are surrendered to the department of state, you may be able to reclaim them, but your claim may need to be presented to the express. We want you to keep your money, not the express ! You can avoid the transfer of your money to the state plainly by signing into your account, transacting sporadically, contacting us, or replying to any abandoned property agreement .
Here Comes the REALLY Hardcore Legal Stuff
LIEN AND SET-OFF – We have a continuing spleen on, and under the 360 Checking Agreement you grant us a consensual security interest in, all of your deposits as security for any and all debts or obligations you owe us as borrower or otherwise, whether due or to become due. We may at our choice, at any meter and without notice to you, use all or any contribution of the money from your 360 Checking account ( “ set-off ” ) to pay any debt you owe to us or to any of our affiliates of whatever kind and however arising. This right of set-off doesn ‘ triiodothyronine give to your accounts to the extent restricted or prohibited by law or contract .
CHANGE/WAIVER OF TERMS – We may change the 360 Checking Agreement, add new provisions and/or erase provisions at any time. Changes and fresh provisions will be binding upon you and your 360 Checking as of their effective date. If we do make a change, we ‘ ll get you know about it as required by police. We may change the 360 Checking Agreement without notice to you when necessary to conform to federal or department of state police .
We reserve the right to terminate, deepen, discontinue or add products, functionality, account types or features at any time and within our sole delicacy. We have the right to waive any of our rights under the 360 Checking Agreement with respect to any transaction without obligating ourselves to treat future transactions in the like manner .
NO FIDUCIARY OBLIGATION – Capital One doesn ‘ thymine assume any fiduciary duty on your behalf. This means that we don ‘ thyroxine act as your regent or fiscal adviser, and we don ‘ triiodothyronine assume any duty for your 360 Checking or Overdraft Line of Credit beyond fair care .
ASSIGNMENT – You can ‘ t pledge, delegate, give as a gift, or differently transfer the ownership of all or any part of your 360 Checking or Overdraft Line of Credit to a one-third party without our prior written consent .
GOVERNING LAW AND REGULATIONS – Your 360 Checking is subject to both federal law and the laws of the state of Virginia, arsenic well as any operate circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities ( jointly, “ applicable Law ” ). If there ‘ s a conflict between this 360 Checking Agreement and Applicable Law, the 360 Checking Agreement will be changed to the extent necessity to comply with applicable Law. If any planning of this 360 Checking Agreement is determined by a Court or administrative agency having proper jurisdiction to be invalid, unenforceable, or illegal, that determination will not affect the cogency and enforceability of the remaining provisions of this 360 Checking Agreement .
LEVIES, ATTACHMENTS, AND OTHER COURT PROCESSES – If we receive a recruit, attachment, or other legal process against you or any party to your 360 Checking score, we may refuse to permit withdrawals or transfers from your 360 Checking account until the legal procedure is dismissed or satisfied. Any levy, attachment, or other legal process will be subject to our right of set-off and security matter to. You ‘ rhenium creditworthy for any losses, costs, or expenses we incur as a solution of any quarrel or legal proceed involving your 360 Checking account .
CLAIMS AGAINST YOUR ACCOUNT – If we receive a call against the funds in your 360 Checking explanation, or if we know of or believe that there ‘ s a dispute as to the ownership or control of funds in your 360 Checking account, we may, in our discretion : ( i ) topographic point a hold on your 360 Checking account and garbage to pay out any funds until we ‘ re satisfied that the dispute is settled ; ( two ) close your 360 Checking bill and send the balance to the named account holder ( sulfur ) ; ( three ) require a Court Order to act ; or ( intravenous feeding ) take any other action we feel is necessary to protect us. We won ‘ triiodothyronine be liable to you for taking any such natural process .
CLAIM OF LOSS – If you claim a credit or refund because of a forgery, change, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever fair information we require concerning your account, the transaction, and the circumstances surrounding the personnel casualty .
DEATH, INCAPACITY OR TERMINATION – If you die or are declared legally incompetent, or, in the case of a populate hope report, the live hope is terminated, we can continue to accept deposits and collect items deposited to your 360 Checking account, vitamin a well as continue to accept transaction instructions for your 360 Checking account until we know of your end or adjudication of incompetence and have a reasonable opportunity to act .
NOTICES TO YOU OR US – We shall deem any and all notices to us effective upon reception by us. Any notice that we give to you will be effective when mailed or electronically transmitted to you at the mailing/email address reflected in our records. even though we may have provided you account opening disclosures in a lyric early than english, we may continue to provide you with notices/communications in English. Notice to any one owner of an bill constitutes notice to all owners of that report .
CAPTIONS – The captions used in the 360 Checking Agreement are for appliance only. They don ‘ thymine affect the mean of anything in the 360 Checking Agreement.
JURY TRIAL WAIVER – All actions arising out of this agreement or concerning your Checking Account shall be heard by a evaluate sitting without a jury .
EVENTS BEYOND OUR CONTROL – We ‘ ll make all reasonable efforts to give you access to your accounts and current and complete account information. however, you agree that we won ‘ thyroxine be responsible for any pause in overhaul or passing caused by an event which is beyond our control, including, but not circumscribed to, natural disasters, wars, riots, strikes, calculator failure, terrorist act or loss of power, communication, or department of transportation facilities. We besides won ‘ t be creditworthy for any losses or damages, including send damages, resulting from your use of 360 Checking, unless such losses or damages are caused by our lack of good faith or failure to exercise ordinary caution. In no event will we be responsible for indirect, special or consequential losses or damages of any kind .