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Introduction and Definitions
This Agreement consists of the terms, conditions, regulations and disclosures that apply to accounts you have with Seven Seventeen Credit Union, Inc. (“Credit Union”). In this Agreement, the words “you” and “your” mean those who sign the signature card as applicants, members, joint owners, Trustees, Representative Payees, Custodians, Guardians, Attorneys-in-fact, or any authorized users. The words “we”, “our” and “us” mean the Credit Union. The word “savings” means share. The word “checking” means share draft. The word “account” means any one or more accounts you have with the Credit Union, including but not limited to savings accounts, checking accounts, money market accounts, certificate accounts, and IRA accounts, as applicable. By signing the signature card, each of you, jointly and severally agree to the receipt of this Agreement and to the terms and conditions herein as well as the Credit Union’s Code of Regulations, account policies and all applicable state and federal laws and regulations. You agree that additional accounts and services you request in the future will be governed by this Agreement, as amended from time to time. It is the policy of the Credit Union to comply with all applicable laws and regulations and to conduct business in accordance with applicable safety and soundness standards.
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Notice of Verification of Identity, Account Usage and Signatures
Federal regulations require all financial institutions to obtain, verify, and record information that identifies each person who opens an account and how that account will be used. When you open a new account, we will ask for your name, address, date of birth, and other information that will allow us to identify you, including your driver’s license and/or other identification documents. We will also ask you questions about the potential usage of your accounts and types of transactions you will perform. You agree to comply with all of our identification requirements which may include, but not be limited to, photographing, video recording and providing fingerprints or other biometrics. The Credit Union also requires that all documents and forms be signed using your legal name as it appears on your government issued identification (or other identification acceptable to the Credit Union) without the addition of conditional language, symbols, statements or other marks or verbiage. Failure to adhere to this requirement could result in a refusal of service.
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Membership Eligibility
To be eligible for membership with voting rights you must be an individual who is a U.S. Citizen or Permanent Resident Alien or entity qualifying within the Credit Union’s field of membership and either: (1) as a Primary Member deposit the minimum par value of $5.00 in the membership share account at account opening, or (2) as a Cosigner, Comaker or Coborrower on a loan, you pay a $5.00 membership fee at the time the loan is funded as required by the Credit Union’s Code of Regulations. You authorize us to check your account, credit, and employment history, and to obtain a credit report(s) or other consumer report(s) from third parties to verify your eligibility.
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Account Types
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Individual Accounts.
An individual account is an account owned by one depositor. If the account is an individual account, the funds of a deceased individual owner will pass to the decedent’s estate or Payable on Death (POD) beneficiary, if applicable.
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Joint Accounts.
An account owned by two or more persons is a joint account. If your account is a joint account, the account is owned with rights of survivorship. This means, upon the death of the primary owner or one of the joint owners, the deceased owner’s funds will become the property of the surviving owner(s). All remaining owners would have full ownership of the funds and thus any one of the owners may close the account or withdraw any or all of the funds without the consent of the others. Joint ownership is determined at the suffix level.
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Rights of Joint Owners. A joint owner is any person added to an account after the account has been opened in the primary owner’s (member’s) name. The Credit Union may accept instructions from a joint owner regarding the information on the account as long as that joint owner is joint on every suffix including open-ended loans. A joint owner may transfer or withdraw all funds in a suffix or close a suffix without the permission of other joint owners or the primary member. The joint owner may close the membership account if he/she is joint on every suffix on the account. The joint owner may also stop payment on items drawn on an account. The Credit Union shall have no duty to notify any other owner(s) of these actions. The Credit Union reserves the right to require written consent of all joint owners for change of ownership or termination of an account. If the Credit Union receives written notice of a dispute between joint owners or receives inconsistent instructions from them, the Credit Union may suspend or terminate the account, require a court order to act, or require that all joint owners agree in writing to any transaction concerning the account.
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Changing Joint Ownership. A joint owner can remove themselves from an account by signing the appropriate documentation. If the primary member wants to remove a joint owner without the joint owner’s authorization, the account will be closed (taken to a zero balance), the joint owner will be removed, and then the account will be reopened again with the new ownership. On a certificate, the joint owner cannot be removed until maturity unless the member chooses to pay an early withdrawal penalty to remove the joint owner. If the account is not in good standing (i.e. negative balance) the ownership on the account will not be changed until the account is paid in full and there is no loss to the Credit Union. The Credit Union reserves the right to remove a deceased joint owner, without notification to the primary member, after the Credit Union has received notification of the joint owner’s passing.
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Joint Owner Liability. If any item deposited in a joint account is returned unpaid or an account is overdrawn, the primary member as well as each of the joint owners is jointly and severally liable to the Credit Union for the amount of the returned item or overdraft and any charges, regardless of who created the overdraft, deposited or cashed the item or benefited from the transaction. If any primary or joint owner is indebted to the Credit Union such that the Credit Union has a lien against an account of one of those owners, the Credit Union may enforce its rights against any or all funds in the joint account, or those owners’ other accounts, regardless of who contributed the funds to the account(s).
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POD Accounts.
Completion of the Payable on Death (POD) beneficiary designation section of the signature card makes an account payable to the owner(s) during his or her lifetime(s), and upon the death of the last owner, payable to the named surviving POD beneficiary(ies) on the signature card. Accounts payable to more than one POD beneficiary are owned equally; there is no right of survivorship between beneficiaries. Any POD beneficiary designation on the signature card will not apply to certificate and IRA accounts, which are designated on a separate document. Upon the death of the last surviving account owner, the Credit Union will require POD beneficiaries to supply acceptable identification. If there is no surviving POD beneficiary, state law will determine ownership of the funds in the account.
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Trust Accounts.
A trust account is an account held by one or more trustees for the benefit of one or more beneficiaries pursuant to a written trust document. At account opening, the trustee(s) must provide the name, address and taxpayer identification number of the trust, and supply to us a Certification of Trust containing the information outlined in Ohio Revised Code 5810.13. The Credit Union requires that the grantor and all trustees qualify for membership. In addition, one trustee must be a member in good standing. We act only as custodian of the trust funds and are under no obligation to act as a trustee or to inquire as to the powers or duties of the trustee(s). If any changes occur to the trust, such as the death of a trustee, we may require new trust certification or an amendment in order to change the trust account. The Credit Union may refuse to honor a Power of Attorney to open or transact for a trust account.
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Representative Payee Accounts.
This is an account that is established by a designated representative for the purpose of depositing SSA or SSI funds only, which are payable to that representative. The recipient of those funds must be a member in good standing. The representative payee will be required to furnish us a copy of the written authorization designating him/her as a representative payee and any other documents or authorizations as we may deem necessary or appropriate in order to open this account. In opening a representative payee account the Credit Union acts only as a depository for the beneficiary’s SSA or SSI funds, and is under no obligation to act as a fiduciary or to inquire as to the powers or duties of the representative payee. The representative payee agrees that s/he is liable to us for any and all obligations incurred by any actions dealing with the account and agrees to indemnify and hold the Credit Union harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorney’s fees, we may suffer or incur arising out of or related to any action or claim by any party with respect to the authority or actions taken by the representative payee.
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Business and Organization Accounts.
These accounts are held in the name of a sole proprietor, corporation, organization, LLC, partnership or association for business purposes. The account owner(s) agrees to inform the Credit Union of the persons authorized and powers given to them in order to transact business on the account. The Credit Union may rely on the account owner’s written authorization until such time as the Credit Union is informed of the changes in writing. The Credit Union may require that third party checks payable to a business may not be cashed, but must be deposited to a business account. Business and organization account holders must abide by all other provisions of this account agreement and disclosure document unless otherwise specified.
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Uniform Transfers to Minors Accounts.
A Uniform Transfers to Minors account, also known as a Custodial account, is an individual account established by a member as a custodian on behalf of a minor (a person under twenty-one [21] years of age). This type of account requires the minor to have a separate membership account in his/her name and social security number. If the minor is not able to sign, a parent or legal guardian must sign for the minor. After the minor’s membership account is established, the custodian can then open the Custodial account in the name of the minor, include the minor’s SSN, and sign his or her own name on the signature card as custodian of the account. The custodian is the owner of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party entitled to make deposits to, withdrawals from, or close the account. In the event of the custodian’s death, when no successor custodian has been named, the Credit Union may place an administrative hold on the account, until it receives a court order naming a new custodian.
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Accounts for Minors.
For any account established by or for a minor, the Credit Union reserves the right to require the minor account owner to have a joint owner who is the parent or legal guardian, who is at least eighteen years of age, and who shall be primarily liable to the Credit Union for any returned item, overdraft, or unpaid charges or amounts on such account. Unless a parent or legal guardian is a joint owner, he/she shall not have any right to access the account or sign for the minor in any capacity on this account. The Credit Union has no duty to inquire as to the use or purpose of any transaction by the minor or joint owner. The Credit Union shall not change the account ownership when the minor reaches age 18, without written authorization.
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Deposit Requirements
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Manner of Deposit.
Deposits may be made to a savings, checking, money market, or any other deposit account, in any amount by cash, check or other negotiable item. Deposits may be made in person at any of our offices, may be sent to us in the mail, may be made via night depository if we have night depository facilities, or made by other electronic channels. We are not responsible for deposits initiated by mail until the Credit Union has received them from the U.S. Post Office. All savings accounts are nonassignable and nontransferable to third parties. We have the right to refuse any deposit for any reason.
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Endorsements.
You authorize the Credit Union, at its discretion, to accept transfers, checks, and other items for deposit into any of your accounts if they are made payable to, or to the order of, any one or more owners on the account, whether or not they are endorsed by all owners. You authorize the Credit Union to supply missing endorsements. When you deposit items to your account, you warrant that all prior endorsements are genuine. The Credit Union reserves the right to verify all endorsements on third party checks presented for deposit either in person or by comparison with member signature files, and to require insurance, government and certain other checks to be endorsed in person exactly as they are made payable. Endorsements must be placed in the space on the back of the check between the top edge and 1-1/2 inches from the top edge. The Credit Union may accept checks with endorsements outside this space. However, if any such endorsement causes any delay in processing the item for payment, you will be responsible for any loss incurred by the Credit Union due to the delay. The Credit Union may disregard information on any check other than the signature of the drawer and MICR information.
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Restrictive Legends and Endorsements.
A legend is also referred to as a memo line. We are not required to honor any restrictive legends or endorsements you write unless we have agreed to the restriction in writing signed by an officer of the Credit Union. Examples include: “Must be presented within 90 days” or “Not valid for more than $1,000.00” or “Paid in Full”. Any item presented with a restrictive legend or endorsement must be presented, in person, to a Credit Union officer; otherwise, payment is made with full reservation of rights.
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Provisional Credit and Final Payment.
All non-cash deposits posted to your account are provisional and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount of those deposits and impose a return item fee on your account. The Credit Union shall have the right to re-present the item for payment without notice to you, and to charge back against your account all previously deposited items or other items endorsed by you that are returned unpaid, regardless of whether the amount of the item has been available for your use. After we receive final payment, we refer to these deposits as collected items. If the Credit Union incurs any fee to collect your deposit item, the Credit Union may charge such fees to your account. The Credit Union reserves the right to refuse or to return all or a part of a deposit or to close your account.
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Direct Deposits and Payroll Deductions.
The Credit Union may offer direct deposit options allowing you to pre-authorize deposits (e.g. payroll, Social Security, pension, tax refunds, etc) and from those deposits, authorize transfers to other accounts at the Credit Union. You may be required by your employer to authorize any direct deposits to your accounts by a separate authorization form and also give at least a 30 day notice prior to cancelling such authorization. If you are no longer an owner on the account and fail to cancel your direct deposit in a timely manner, the Credit Union will not be able to release the funds to you. You will need to contact the depositor of the funds to determine your options. Upon filing of a bankruptcy, if you fail to cancel any direct deposit authorization, you instruct your employer and the Credit Union to make and apply direct deposits in accordance with your authorization on file with the Credit Union.
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ACH Origination.
The Credit Union may offer ACH origination allowing you to request funds from another financial institution for deposit to your accounts or for loan payments at the Credit Union on your behalf. You may be required to authorize ACH origination by a separate authorization form. If applicable, you must notify the Credit Union at least 5 business days prior to any ACH origination you wish to cancel.
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Withdrawal Requirements
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Manner of Withdrawal.
You may make withdrawals or transfers from your account in any manner which is permitted by the Credit Union (e.g. by check, electronic means, in person, etc). If you make withdrawals by check, the Credit Union reserves the right to refuse payment of any check that is not properly completed or signed. Non-members must come into the office and will be fingerprinted when presenting on-us checks for payment or attempting to exchange them for a corporate check.
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Wire Transfers/ACH.
If you send or receive a wire transfer, these transactions are governed by Regulation J. ACH transactions are governed by operating rules of the National Automated Clearing House Association. In accordance with these rules and regulations, the Credit Union will not provide you with next-day notice of receipt of wire transfers and ACH items to your account. You will receive notice of receipt of wire transfers and ACH items in the periodic account statements which we provide.
If you give the Credit Union a payment order which identifies the beneficiary by both name and account number, or a financial institution/intermediary by both name and identifying number, the receiving financial institution/intermediary as well as the Credit Union may rely solely on that number to post the transaction, even if the name provided does not match that person/entity. The Credit Union cannot be held liable for incorrect account information that you provide.
We may provisionally credit your account for an ACH transfer before we receive final settlement. We may reverse the provisional credit, or you will refund us the amount if we do not receive final settlement.
The cut-off time to send or receive a wire transfer is generally 4 p.m. on the business day the complete and correct wire information is provided to the Credit Union. When an outgoing wire is sent to a receiving institution, the Credit Union has no ability to control when the wire is received or posted to that account.
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Transactions by Mail.
The Credit Union may permit you to make withdrawals by mail. Your request must be in writing and signed by the account owner or other authorized representative. Additional verification of the transaction may be required. Such transactions will be processed on your account within a reasonable amount of time, generally by the next business day after receipt from the U.S. Post Office.
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Withdrawal Restrictions.
In accordance with applicable law, the Credit Union reserves the right, at any time, to require members to give, in writing, not more than 60 days notice of intention to withdraw the whole or any part of the amounts so paid in by them. The Credit Union is only required to permit a withdrawal if you have sufficient available funds in your account to cover the full amount of the withdrawal or have an established overdraft protection and/or Courtesy Pay plan.
We also may refuse to allow a withdrawal if there is a dispute about the account (unless a court has ordered us to allow the withdrawal), the account is garnished or attached, the account has been pledged as collateral for a debt, the availability of the funds on deposit cannot be verified, any required documentation has not been presented, or you fail to repay an obligation to us on time.
For reasons that include your safety and that of the Credit Union, large amounts of cash are not maintained at any Credit Union facility. Therefore daily cash withdrawals may be limited or withdrawals may need to be facilitated by other means such as a corporate check or wire transfer.
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Transfer and Withdrawal Limitations.
There are certain restrictions on the number of transfers and withdrawals that can be made from each savings account (including regular savings, club savings and EZ Savings) and money market account as governed by Regulation D. You and any joint owner(s) are restricted from making more than six “convenient” transfers or withdrawals during any calendar month. “Convenient” transfers and withdrawals, for purposes of this limit, include preauthorized, automatic transfers (e.g. overdraft protection, bill payments); transfers or withdrawals initiated by phone or computer and transfers made by check, debit card, or other similar order made payable to a third party. Other less-convenient types of transfers, such as withdrawals or transfers made in person, by mail, or by using an ATM, do not count toward the six-per-month limit. You may also make unlimited transfers to any loan account with the Credit Union. If you exceed the transfer limitations set forth above in any statement period, your account may be subject to suspension or closure by the Credit Union, and/or may be subject to a service charge.
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Postdated and Stale-Dated Checks.
If you write a check that is dated in the future and the check is presented for payment before the date of the check, we may pay it or return it unpaid. If we pay the check, it will be posted to your account on the date we pay it, even though the posting date is prior to the date of the check. We are not responsible for any loss to you in doing so. If you do not want us to pay the check, you must submit a Stop Payment Order (see section below). If you deposit checks or other items before they are properly payable, we may credit your account or return it. We are not responsible for any loss to you in doing so.
The Credit Union is under no obligation to pay a stale dated check, which is a check drawn on your account that is presented more than six months after its date. However, we may pay the check unless you have placed an effective Stop Payment Order on it.
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Stop Payment Orders.
You may place a stop payment on any check or other single or recurring payment order (e.g. ACH, Debit Card) drawn upon your account by telephone, mail, or in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you provide us with the account number, date, check number, the exact amount of the item, the name of the payee and the payment frequency. You may not stop payment on any item guaranteed by the Credit Union (i.e. a Corporate Check). The Credit Union may charge a fee for each stop payment order requested as set forth on the Service Charge Schedule.
If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment on the item. If the stop payment order is not received in time for the Credit Union to act upon the order, the Credit Union will not be liable to you or to any other party for payment of the item. While payment of the item may be stopped, you may remain liable to any person or entity, including the Credit Union, who is a holder of the item despite the stop payment order.
Verbal stop payment orders remain in effect for fourteen (14) days. Written stop payment orders are effective for six (6) months. In order for any written stop payment order to remain in effect after six (6) months, you must renew the order in writing. Only the person placing the stop payment order may cancel it.
If you place a stop payment order and the item is paid through no fault of yours, the Credit Union will only be liable for actual damages you incur, not to exceed the amount of the item. If we re-credit your account after paying an item over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to the Credit Union all of your rights against the payee or other holders of the item, and to assist the Credit Union in any legal action taken against such payee or holder.
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What You Need to Know About Overdrafts.
See our Service Charge Schedule for all fees referred to in this section.
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Actual Balance and Available Balance.
The Actual Balance is the total amount of funds in your account(s). The Available Balance is the amount of the Actual Balance that is available for transactions (withdrawals, checks, debit transactions, online banking, P2P [Person-to-Person (P2P) transactions are payments made using apps such as Zelle, Venmo, etc. that are debited to your account], ACH or other authorized transactions) less the amount of any holds placed on recent deposits, holds for other reasons, and holds for pending transactions (such as pending debit card purchases) that the Credit Union has authorized but that have not yet posted to your account. You should take care only to make transactions against the Available Balance as these are the only funds you may access for transactions. If you exceed the Available Balance (even though the Actual Balance may be greater) you may overdraw your account. As a result of exceeding your Available Balance, you may incur returned items and fees, including non- sufficient funds (NSF) or Courtesy Pay fees. To know your Available Balance, you may check CALL24 Telephone Banking, NetWorth24 Online or Mobile Banking; perform an ATM balance inquiry; or call our TeleServices Call Center (fees may apply). Be sure you understand the order in which your transactions are paid as explained in Section D so that you may avoid making transactions that exceed your Available Balance. Also, we may place holds on various deposits as explained in the Reg. CC Funds Availability Disclosure section of this document, which may affect your Available Balance.
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Merchant Authorizations Reduce your Available Balance.
We post debit card authorizations and settlements from merchants as we receive them and we cannot control when we receive them. Merchants may seek authorization for these types of transactions. The authorization request places a hold on funds in your account when the authorization is completed. The “authorization hold” will reduce your available balance by the amount authorized but will not affect your actual balance. The transaction is subsequently processed by the merchant and submitted to us for payment. This can happen hours or sometimes days after the transaction, depending on the merchant and its payment processor. These payment requests are received in real time throughout the day and are posted to your account when they are received. Please also note that some merchants may submit authorizations for more than the settlement amounts. For example, your local car rental agency may disclose to you they submit authorizations for $500.00 before approving you to leave with the rental car. If your rental expense is only $185.00 they only send a settlement for $185.00. But the $500.00 authorization reduces your available balance by that amount until we receive the corresponding settlement transaction. The most common transactions that generate authorizations for amounts which differ from settlement amounts are travel and entertainment transactions, such as renting cars and holding hotel rooms. Generally, retail stores know the exact amount of their transactions when they first initiate your card transaction and send us authorizations and settlements for the same amount. You choose the merchants you do business with, and if the car rental companies, hotels, and other merchants you use do not disclose their authorization policies or have unfavorable policies, you may want to consider using another form of payment, such as your Visa credit card.
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Overdrafts.
We may not permit you to make a withdrawal from your account if you do not have sufficient available funds in the account to cover the full amount of the withdrawal. In addition, other debits may not be processed due to lack of sufficient funds. Such items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The Credit Union has no duty to notify you of insufficient funds or a dishonored, returned item. Even if we choose to pay one or more overdrafts, we are not obligated to cover any future overdrafts. Checks or other items drawn on your account against insufficient available funds may be subject to a service charge.
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How Transactions are Posted to Your Account.
There are two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.
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Credits or Deposits. Most deposits are added to the actual balance of your account on the first business day after we receive them. Funds from your deposits are added to your available balance in accordance with our Reg CC - Funds Availability Policy included in this agreement. Our general practice is to post deposits and ACH credits to your account before debits.
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Order of Payment (debits) and Overdraft Items. The law permits us to pay items, such as checks or drafts, drawn on your account in any order. We pay items in check number order within each batch posting file. We pay the item with the lowest check number first, except in the case of cash items, which are always paid first regardless of the check number. The order in which items are paid is important if there are not enough funds available in your account to pay all of the items that are presented. If any item is presented without sufficient available funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item. In either case, a fee may be assessed.
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Multiple Presentments.
The Credit Union may return debits (ACH payments as well as other transactions) submitted for payment against your checking account if the amount of the debit exceeds the available balance in the applicable checking account. Each time we return a debit for insufficient funds, we will assess an NSF or Courtesy Pay fee in the amount shown on our current Service Charge Schedule for each returned debit item with the exception of a charge equal to or less than five dollars that would create an NSF. The entity that submitted the debit that we returned unpaid may resubmit another debit to the Credit Union even if we have returned the prior debit for insufficient funds in the checking account. If the resubmitted debit again exceeds the funds available in the checking account, the Credit Union again will return the debit, which may result in an additional NSF or Courtesy Pay fee. Thus, you may be charged multiple fees in connection with a single debit that has been returned for insufficient funds multiple times. The reason for this is when you authorize a merchant to process a payment from your account, that merchant may present the transaction multiple times and in various ways when payment is declined for insufficient funds or otherwise. Whenever possible, we will not charge a second NSF or Courtesy Pay fee for the same item. However, we may not be able to identify a represented item in all situations, as we have no control over how the merchant presents the item for payment, which may result in a subsequent fee being charged for the same item.
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Overdraft Protection.
You may request overdraft protection from your primary savings, money market, Line of Credit or Visa account. These accounts can be designated as your overdraft sources and you may choose the order in which these overdraft sources are used to cover your overdrafts. The number of transfers allowed from a savings or money market account is limited (See Section 6, Paragraph E). A transfer from a savings or money market account will be for the lesser of the amount of the shortage or the available balance in that savings/money market account. There is no limitation on the number of overdraft transfers from a Line of Credit or Visa account during any calendar month. Transfers from Visa or Lines of Credit will be in increments of $100 or the remaining credit available up to the credit limit, whichever is less.
We are not obligated to permit an overdraft transfer if any of your Credit Union loans are delinquent. As the primary owner on this account, you understand that by selecting the overdraft sources above, you are responsible for all transfers from these sources to cover overdrafts from your checking account whether or not the joint owner on your checking account is joint on these sources and whether such overdrafts are caused by you or one of your joint owners. You hold harmless and indemnify the Credit Union from any liability arising from this activity. If overdraft protection is requested from either your Line of Credit or your Visa account, the terms and conditions of the Loanliner Agreement or the Visa Credit Card Agreement and Disclosure will be applicable and shall serve to supplement this Agreement.
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Courtesy Pay.
Courtesy Pay is an overdraft service automatically extended to members 18 or older, business and trust accounts in good standing to cover shortfalls on written checks, electronic transfers from a checking account, and recurring debit card transactions. We will consider approving and paying your reasonable overdrafts for a fee, as a discretionary courtesy rather than a right or obligation. We will not charge a fee if a transaction of five dollars or less would bring the account negative. If we choose to pay your items, your account will be brought to a negative balance, the presented items will be honored, and a fee will be assessed. The account must be brought back to a positive balance within a specified time period. If the account is not brought back to a positive balance in the stated time period, the Courtesy Pay service can be discontinued or the account closed. Approved Courtesy Pay limits may vary based on monthly deposits, average daily balance, and length of membership. Because these factors change over time, limits will be reset on a monthly basis, and your Courtesy Pay limit may increase or decrease. All applicable fees and charges, including non-sufficient fund/ overdraft fees, will be included in this limit.
All account owners are afforded the ability to opt-in or opt-out of Courtesy Pay and Courtesy Pay Plus. Joint owners on checking accounts and authorized signers on business accounts may add or remove these services.
Personal, Business and Trust accounts will be automatically covered by Courtesy Pay if they qualify for this service. Courtesy Pay covers checks, recurring debit transactions and ACH payments. Business and Trust accounts will also be given Courtesy Pay Plus, which covers ATM and everyday debit transactions and P2P transactions when they are linked to your debit cards. Personal account holders must complete a separate opt-in agreement to have Courtesy Pay Plus.
For ATM and everyday debit card transactions, a fee is charged based on the balance in the account at the time of the authorization or time of posting, whichever is more favorable to the member. A Courtesy Pay fee will not be charged unless the balance in the account at the time of authorization and the actual posting is not sufficient to cover the transaction.
Courtesy Pay limits are calculated as follows:
Courtesy Pay limits are calculated based on monthly deposits, average daily balance, and length of membership
Total monthly deposits score¹ |
Average daily balance score² |
Length of membership in days³ |
$0.00 – $49.99 = 0 |
Less than $0 = 0 |
0 – 30 = 0 |
$50.00 – $999.99 = 100 |
$0.01 – $999.99 = 100 |
31 – 180 = 50 |
$1,000.00 – $1,500.99 = 200 |
$1,000.00 – $1,500.99 = 200 |
181 – 730 = 100 |
$1,501.00 – $2,000.99 = 300 |
$1,501.00 – $2,000.99 = 300 |
731 – 1095 = 150 |
$2,001.00 – $3,000.99 = 400 |
$2,001.00 – $2,500.99 = 400 |
1096 – 1460 = 200 |
$3,001.00 – $4,000.99 = 500 |
$2,501.00 – $3,000.99 = 500 |
1461 – 1825 = 250 |
$4,001.00 or > = 600 |
$3,001.00 or > = 600 |
1826 (5 years) or > = 300 |
Add the scores for total monthly deposits, average daily balance and length of membership together to calculate the total Courtesy Pay limit score. Based on that score, Courtesy Pay limits would be as follows:
- Score between 0 and 99 = Courtesy Pay limit of $0
- Score between 100 and 250 = Courtesy Pay limit of $300
- Score between 251 and 548 = Courtesy Pay limit of $500
- Score between 549 and 1049 = Courtesy Pay limit of $1,000
- Score between 1050 and 1249 = Courtesy Pay limit of $1,250
- Score of 1250 or greater = Courtesy Pay limit of $1,500
Example calculation
- You deposited a total of $2,412 in April = score of 400
- Your average daily balance (available on your monthly account statement) in April was $1,835 = score of 300
- You opened your first accounts at 7 17 a little over two years or 731+ days ago = score of 150
- 400 + 300 + 150 = total score of 850
- Result = Courtesy Pay limit of $1,000
- Total monthly deposit score is based on the accumulative dollar amount of funds deposited within the previous calendar month.
- Average daily balance score is based on the average amount of total deposits available in your 7 17 savings, checking, and money market accounts.
- Length of membership is based on the number of days in which you have been a member of 7 17 Credit Union.
For an account to be considered in good standing, the following must be true: outstanding loans are less than 30 days delinquent, your checking account does not have a negative balance for 30 days or more, you do not have a previously charged-off account that has not been reinstated, and you are not subject to any legal or administrative order or levy.
We may also revoke your Courtesy Pay limit if your account is being reviewed for fraudulent activity or transactions, your account is inactive, or we believe you are not managing your account in a responsible manner which may be harmful to you or the credit union. If your Courtesy Pay limit is reduced to $0 or revoked, transactions may be returned unpaid to merchants/third parties due to insufficient funds.
The following scenarios are offered to help you understand Available Balance, Actual Balance and the fees that can be incurred. They are for demonstration only and not inclusive of all possible scenarios that may apply to you.
Scenario 1
Your Actual Balance is $100.00 and your Available Balance is also $100.00. A check for $200.00 is presented for payment. You will be assessed a fee for either returning the item (NSF) or paying the item (Courtesy Pay) because your Available Balance is not sufficient to cover the check.
In the next scenario, an overdraft can occur even when you have a positive Actual Balance.
Scenario 2
Your Actual Balance is $100.00 and your Available Balance is also $100.00. You make a purchase with your debit card at a merchant who submits an authorization of $35.00. When we approve the authorization we commit to pay the merchant and, as described above, an authorization hold is placed on the available funds for the amount of the authorization reducing your Available Balance to $65.00 so that you know this transaction has been authorized. Your Actual Balance remains at $100.00 because the debit card transaction has not settled against your account yet. Next a check for $80.00 is presented for payment. We choose to pay the check using Courtesy Pay and you are assessed a fee. The determination that this is an overdraft is based on your Available Balance falling below zero ($65.00 - $80.00 = ($-15.00)) and is not based on your Actual Balance which remains positive ($100.00 - $80.00 = $20.00). Next the $35.00 debit card transaction settles against your account. You do not have a sufficient available balance to cover this transaction. We pay the $35.00 debit card transaction using Courtesy Pay, however you are not assessed a fee because you had sufficient funds available in your account at the time we authorized the transaction.
Key Points
The Credit Union cannot control how quickly merchants submit transactions. We process merchant authorizations and settlement transactions as we receive them. As mentioned before, Courtesy Pay is a discretionary service and for ease of understanding in these scenarios we chose to use it to cover the items. If items cannot be covered with available funds, Overdraft Protection, or Courtesy Pay, they will be returned due to non-sufficient funds (NSF) and you will be charged a fee by the Credit Union and possibly the merchant.
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Right of Set Off
You agree that the Credit Union may, use the funds in your account to pay off any obligation or debt, whether direct or indirect, (e.g. as borrower, guarantor, endorser, etc), that you have with the Credit Union, unless prohibited by law. If your account is a joint account and you or any joint owners are indebted to us, we may use the funds in the joint account to pay the debt. We may exercise our right of set off at any time without prior notice to you or to any joint owner. If we take this action, you agree to release and indemnify the Credit Union from all liability. The right of set off does not apply if the debt is created under a consumer credit card plan or when the debtor’s right to withdraw funds from the account arises only in a representative capacity. Our right of set off is automatic and superior to any claims on the account arising through right of survivorship.
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Taxpayer Identification Numbers and Backup Withholding
You provided a certification regarding the accuracy of your taxpayer identification number (usually your Social Security Number) and whether your account is subject to backup withholding under the Internal Revenue Code on the signature card used to open your account with us. This certification applies to any and all accounts you have with us now or in the future, unless you provide written notification to us that specifies otherwise. If your account is, or becomes subject to, backup withholding, the Credit Union is required by law to withhold and pay to the Internal Revenue Service (IRS) the current rate of payments of dividends and certain other payments under certain conditions. Your failure to furnish a correct TIN or meet other applicable requirements may result in backup withholding as well as civil or criminal penalties. If you fail to provide your TIN, the Credit Union may suspend or terminate your account privileges.
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Statements
You will receive a periodic statement of all transactions and activity on your account during the statement period. If you have a joint account we are only required to provide one periodic statement to the primary owner. If statements are provided electronically, you will be sent a notice via email that will direct you to a site where you may access your statements securely. Emails for this purpose will be sent to the primary email address on the account used for all eServices with the Credit Union. Contact us if you do not receive or have trouble accessing your statement. If you do not notify us of any issues regarding the receipt of your statement in writing within fourteen (14) days of the date that the statement is usually sent, you will be deemed to have received your statement for all purposes.
You are responsible for examining each statement and reporting any irregularities to the Credit Union. The Credit Union will not be responsible for any forged or altered items drawn on or deposited to your account if you fail to notify the Credit Union within sixty (60) days of the statement mailing date on which it appeared. The Credit Union will not be liable for items forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile or electronic signature. Your statement will be considered correct for all purposes and the Credit Union will not be liable for any payment made or charged to your account unless you notify the Credit Union in writing within the above time limit.
You understand that your original checks will not be returned to you, but copies will be available through electronic services (Online/Mobile Banking and eStatements) free of charge or through the Credit Union for a fee (see Service Charge Schedule).
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Night Drop Box and Depository Bags
A. Use of Box or Bags. Your use or your agent’s use of the night drop box or depository bags will be at your sole risk at all times. Deposits, via these methods, are subject to our count and acceptance. You are responsible for the safe keeping of the key or bag if one has been entrusted to you. If the key or bag is misplaced or stolen, you must immediately report this to us and you may be responsible for expenses related to replacing and/or reissuing these items. We are not responsible for any loss that emanates from the use of the night drop box or bags.
B. When Deposits are Credited to Your Account. Deposits made using the night drop box or depository bags are not considered as having been received until the deposit is removed from the box or bag. Items placed in the box or bag will be removed, verified and credited to your account no later than the next business day (excluding Saturdays, Sundays or holidays). At our discretion, we may give you provisional credit for the amount of your deposit in the box or bag until such time that the funds can be verified and final credit is given. The Credit Union shall open deposits from the box or bag at any time whether or not the depositor is present and may remove any property placed therein by the depositor. The Credit Union shall be under a duty to exercise ordinary diligence and reasonable care to safeguard property of the depositor. It is expressly understood that the depositor will protect itself against losses with insurance coverage to the extent deemed necessary.
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Powers of Attorney (POA)
If you wish to designate an attorney-in-fact, you must do so in a form acceptable to the Credit Union. Your attorney-in-fact must sign the appropriate indemnification form and your original POA paperwork must be submitted for review prior to approval. You agree that we have no obligation to verify the scope, authenticity, and validity of any POA presented to us. You assume all risk of loss from mismanagement or misappropriation of funds by your attorney-in-fact. If we accept a POA, we may continue to recognize the authority of your attorney-in-fact until we receive written notice of revocation from you and have had a reasonable time to act on it. We reserve the right to revoke a previously accepted POA or refuse to honor any POA presented to us, regardless of any laws, rules or regulations.
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Legal Proceedings Involving Your Account
If your account is garnished or otherwise subject to levy by lawful legal action, we will not be liable to you for any sums we may be required to pay because of such garnishment or lawful legal action.
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ARBITRATION OF CLAIMS AND DISPUTES
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Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECTTHE ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER IS GIVEN KNOWINGLY, WILLINGLY, AND VOLUNTARILY.
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Notice and Cure
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or relating to this Agreement (as further defined below, a “Claim”), the party asserting the Claim (the“Claimant”) shall give the other party (the“Defendant”) written notice of the claim (a“Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing to the address we have in our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Seven Seventeen Credit Union, 3181 Larchmont Ave. NE, Warren, Ohio 44483 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name, address, and Account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party or class of parties. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests.
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Arbitration Provision
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH 1 BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
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Your right to reject. If you don’t want this Arbitration Provision (and any prior arbitration agreement between you and us (“Prior Agreement”)) to apply, you may reject it by mailing us a written rejection notice which gives the name of each Account holder and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement. The rejection notice must be sent to us at ATTN: Compliance Department, Seven Seventeen Credit Union, 3181 Larchmont Ave. NE, Warren, Ohio 44483. A rejection notice is only effective if it is signed by you (all of you, if more than one) and if we receive it within thirty (30) calendar days after you open your Account with Seven Seventeen Credit Union or providing you with this written notice of your right to reject the Arbitration Provision, whichever is earlier. Your rejection of this Arbitration Provision will not affect any other provisions of this Agreement.
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Parties Subject to Arbitration. Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms “we,” “us,” and “our” means (a) Seven Seventeen Credit Union, any parent, subsidiary or affiliate of Seven Seventeen Credit Union and the employees, officers and directors of such companies (the “Credit Union Parties”); and (b) any other person or company that provides any of the services in connection with this Agreement if you assert a Claim against such other person or company at the same time you assert a Claim against any Credit Union Party.
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Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, or any prior agreement or account. “Claim” includes disputes arising from actions or omissions prior to the date any Account was opened by you, including the advertising related to, application for or approval of the Account. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims, and third-party claims. “Claim” includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief ). “Claim” does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph 7 (the“Class Action Waiver”), the last sentence of Paragraph 13, and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. The terms in this Section shall not limit or constrain our right to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to collect any or to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
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Starting the Arbitration. Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
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Choosing the Administrator. “Administrator”means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, New York 10019, www.adr.org; JAMS, 620 Eight Avenue, 34th Floor, New York, New York 10018, www.jamsadr.com, or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver.
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Court and Jury Trials Prohibited: Other Limitations on Legal Rights. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US THROUGH DISCOVERY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
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Prohibition Against Certain Proceedings. IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT, OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS- WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION, OR MULTI-PARTY ARBITRATION.
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Location and Costs of Arbitration. Any arbitrator hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to do so, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. You agree to and will be responsible for paying any and all fees of the Administrator and/or the arbitrator if applicable law requires you to do so. If you demand an arbitration, we will pay your reasonable attorneys’fees and expert witness fees, if, but only if, we are legally required to do so or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to do so.
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Governing Law. The Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award. To the extent any court determines any aspect of the Arbitration Provision must be construed under applicable state law, the parties agree the Arbitration Provision shall be governed by and construed consistently with the laws of the State of Ohio.
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Right to Discovery. In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.
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Arbitration Result and Right to Appeal. Judgment upon the arbitrator’s award may be entered by any court having jurisdiction to do so. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Provision to“the arbitrator”shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with Paragraph 8 above.
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Rules of Interpretation. This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the Account, any legal proceedings and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other provisions of this Agreement, on the other hand, this Arbitration Provision shall govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
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Severability. If any portion of this Arbitration Provision, other than the Class Action Waiver, is deemed invalid or otherwise unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Provision will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.
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Special Payment. If (1) you submit a Claim Notice in accordance with Paragraph B above on your own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently determines that you were entitled to such relief (or greater relief ), the arbitrator shall award you at least $5,000 (plus any fees and costs to which you are entitled).
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Scope Jurisdiction and Venue. Any action or proceeding regarding this Section, your account or this Membership and Share Account Agreement & Disclosure must be brought in the state where the Credit Union maintains your account. You submit to the personal jurisdiction of that state. Any action or proceeding will be governed by and interpreted in accordance with the Governing Law Section of this Agreement.
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Applicability. Arbitration will not apply to your account as long as you are an active duty Service Member.
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Change in Terms
At any time and for any reason the Credit Union may change the terms of this Agreement, the products and services we provide and the service charges we impose as detailed in the Service Charge Schedule provided with this agreement. We will post notice of the changes on our website and/or deliver by mail/email notice to you as required by law or regulation before the amendment or change becomes effective. If notice is given by mail, you agree that in the case of a joint account we are required to mail a notice to only one owner. The amendment will be effective on the date we specify.
By maintaining your account after the effective date of any change, you agree to be bound by the changes. No notice is required for changes in the dividend rate and corresponding changes in the Annual Percentage Yield for variable rate accounts, for changes in fees for check printing, or for other changes for which we are not required by law to give you notice.
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Notice of Name, Address or Email Address Changes
It is your responsibility to notify the Credit Union upon a change of name, address, or email address. The Credit Union is only required to honor items drawn upon the name as listed on the account and to attempt to communicate with you only at the most recent address or email address you have provided to the Credit Union. The Credit Union requires that notices of change of name, address, and email address, be provided in writing. In the absence of such notice from you, any mail, disclosure, or other notice sent to you at any address or email address currently on our records will be deemed to have been delivered, regardless of actual receipt by you. If we are notified by the U.S. Post Office or email delivery service that your address is no longer valid, we may discontinue sending statements, notices or other items to you until our records are corrected by you in writing. See Service Charge Schedule for fees associated with returned statements.
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Account, Service and Membership Termination
The Credit Union may no longer consider you a member in good standing, terminate your account, service, or membership; remove a joint owner from your account; or remove services from any owner at any time without notice to you or may require you to close your account if: (1) there is a request to change the owners or authorized users; (2) there is a fraud/forgery or unauthorized use committed or reported; (3) there is a dispute as to ownership of any account or sum on deposit; (4) there are any share drafts that are lost or stolen; (5) there are returned unpaid items not covered by an overdraft plan agreement with us or any abuse of any such plan; (6) there is any misrepresentation regarding any account(s) or service(s); (7) the Credit Union incurs any loss or believes it may incur any loss relating to any loan(s), account(s) or service(s) you have with us; (8) we believe you have been negligent in protecting any access devices, codes, usernames or passwords; (9) we deem it necessary to protect the Credit Union from any risks, losses or threats, or otherwise deem it to be in the best interests of the Credit Union, our members or our employees; (10) you breach any promise under this Agreement or any other agreements with us including but not limited to any default or other delinquency with regard to any loan or other agreements; (11) bankruptcy or any other insolvency proceeding is filed by or against you, or if we otherwise deem you to be insolvent or incapable of meeting your obligations to us; (12) you refuse or fail to cooperate as provided in this Agreement; (13) you have had no activity on a zero-balance account for 6 months; (14) you violate any Credit Union policy, procedure or standard or any law, regulation or rule; (15) you participate or facilitate any transactions for another person who is prohibited from making transactions with us pursuant to applicable laws or Credit Union policy/procedure; (16) you make unauthorized posting(s), deface or remove notices or signs on Credit Union premises and/or social media sites without Credit Union authorization; (17) you misappropriate Credit Union funds, property, or other material proprietary to the Credit Union; (18) you deliberately or repeatedly violate security procedures or safety rules; (19) you possess, use, or are under the influence of illicit drugs on Credit Union premises; (20) you engage in use or possession of weapons of any kind on Credit Union premises except for on-duty law enforcement officers; (21) you use one or more credit or debit cards to obtain cash and purchasing power we do not believe appropriate, use such devices to pay credit card balances with the proceeds of other cards, or use such devices in a manner we determine is primarily intended to abuse a rewards program; (22) there are any new or revised U.S. or other country’s laws, rules, regulations or other requirements that make it impractical or impossible for the Credit Union to meet the requirements of such laws, rules, regulations or other requirements; or (23) you are a cosigner, comaker or coborrower who paid a fee in conjunction with a loan to become a member, who has no other affiliation with the credit union and the loan has been paid off.
You may terminate your account, service or membership at any time by notifying the Credit Union in writing. The Credit Union reserves the right to require the consent of all joint account owners for termination of a joint account. The Credit Union is not responsible for payment of any check, withdrawal, or other item once your account is terminated.
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Compliance with Laws, Inappropriate Transactions and Account Restrictions
You agree to comply with all laws, rules and regulations. You also agree that you will not use any Credit Union accounts or services to facilitate illegal, fraudulent or inappropriate transaction(s) as determined by the Credit Union or by applicable law; and that any such use will constitute a breach of this Agreement. Federal and/or state laws or Third Party Service Providers’ Rules may restrict certain transactions (e.g. possible gambling transactions). At our discretion, we may return credit or debit transactions if we deem the transaction to be suspicious, including but not limited to discrepancies with the recipient name and/or account number. The Credit Union may also decline to process any transactions that we believe breach this Agreement. These restrictions may affect some otherwise permissible transactions, such as those related to a hotel-casino. You understand and agree such restrictions are not within the Credit Union’s control and that the Credit Union will not have any liability for any such transactions made by you or any authorized user(s); or for declining to process any transaction. The Credit Union may restrict or close any account, service or membership that we deem to constitute a breach of this Agreement. Unless an express exception is made by the Credit Union in its sole discretion, we do not offer services to “Money Service Businesses”,“Internet Gambling Businesses”and“Marijuana-related Businesses”, or other businesses that we determine violate the limitations in this Section. By way of illustration: “Marijuana-related Businesses” are defined by the Credit Union to be any person or business that (1) engages in the sale, production, transporting, dispensing, or storage of any form of cannabis, marijuana or hemp and hemp-derived products or provide services to marijuana or hemp-related businesses and/or (2) businesses who are involved with CBD products derived from marijuana or whose primary sales are CBD products. Owners or individuals with a controlling interest in any of these business types are not eligible for membership with the Credit Union. In addition, the Credit Union will not make loans to individuals where the proceeds will be used by or for any restricted activity. The Credit Union may, at its sole discretion, also apply these restrictions on other businesses or individuals directly or indirectly related to any of these business types.
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Dormant and Inactive Accounts
If you have not made a withdrawal from, deposit to, or transfer from your account for a period of twelve (12) months and the Credit Union has been unable to communicate with you by regular mail during that period, the Credit Union may classify your account as a dormant account and may charge a dormant account service fee as allowed by applicable law and as set forth on the Service Charge Schedule. The Credit Union will notify you at your last known address two (2) months prior to imposing any fee. You authorize us to transfer funds from any of your available savings, checking or money market accounts to cover the monthly service fee, if necessary. If a deposit or withdrawal has not been made on your account and the Credit Union has had no other contact with you for five (5) years as required by the Uniform Unclaimed Property Act, the account will be presumed to be abandoned. Funds in abandoned accounts will be remitted in accordance with state law. Once funds have been turned over to the state, the Credit Union has no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.
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Death of a Member
Upon the death of a member, funds in the account shall be payable to joint owners or beneficiaries in accordance with this Agreement and applicable state law. The Credit Union may require the survivor or other claimant to the account to produce certain documents before releasing the funds in the account. If there are no joint owners or beneficiaries named on the account, funds may be made payable to the Estate of the account holder upon receipt of proper documentation. The Credit Union may continue to honor all transfers, withdrawals, deposits and other transactions on the account until the Credit Union learns of a member’s death. Once the Credit Union learns of a member’s death, the Credit Union may pay checks or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days unless the Credit Union receives instructions from an authorized person to stop payment on the checks or other items. If the account is a joint account, the Credit Union may extend the period of time the account can be used while the joint owner is making arrangements to stop automatic payments and to move the funds to a new account. You agree that the Credit Union can require anyone who claims funds in your account after your death to indemnify the Credit Union for any losses resulting from honoring that claim.
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Monitoring and Recording Telephone Calls and Account Communications
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account, we may need to contact you about your account from time to time by telephone, text messaging or email. In contacting you about your account, we may use any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide for us, even if such phone number is registered on any state or federal “Do Not Call” list.
You acknowledge that the number we use to contact you may be assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service, or any other service for which you may be charged for the call or text. You acknowledge that we may contact you by voice, voicemail, or text messaging. You further acknowledge that we may use pre-recorded voice messages, artificial voice messages, or automatic telephone dialing systems.
If necessary, you may change or remove any of the telephone numbers, email addresses, or other methods of contacting you at any time using any reasonable means to notify us.
You may receive informational texts and alerts about your loan, deposit, or account during the application process and for as long as you maintain a relationship with the Credit Union. You may also receive texts and alerts for payment information should your loan become past due or fraud alerts on your account, among other things.
You may revoke your consent to receive automated text messages at any time by sending a return text with “STOP.” You may continue to receive messages for a brief period while we process your request. Your opt-out request may generate either a confirmation text or a text request to clarify the 7 17 Credit Union text message service to which it applies (if you have consented to more than one service). To complete your opt-out, please provide the requested clarification. While you may opt out by sending a return text with “STOP,” you may also opt-out by calling us at 1-800-775-7741, emailing us at [email protected], or mailing us at 7 17 Credit Union, Inc., 3181 Larchmont Ave., N.E., Warren, OH 44483, ATTN: Deposit Account Services.
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Use of Recording Devices
The Credit Union does not permit you or members of the general public to use electronic, digital or other recording devices (including video) to record in-person, telephonic or other communications or interactions of or with Credit Union personnel or Credit Union property without the express prior consent of Credit Union management. The Credit Union expressly revokes, rescinds, and withdraws any consent or permission to such recording that might otherwise be implied by law.
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Governing Law
This Agreement is governed by the Code of Regulations of the Credit Union, federal laws and regulations, the laws and regulations of the State of Ohio, and local clearinghouse rules, as any of them may be amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
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Severability
In the event that any paragraph of this Agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall remain valid and enforceable and shall continue in full force and effect.
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Waiver
Any waiver of any term or condition stated in this Agreement must be in writing and signed by an authorized officer of the Credit Union and shall not be considered as a waiver of any future obligation or right.
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Section Titles
Section titles in this Agreement are for convenience only and are not to be construed as part of the Agreement or as a limitation on a particular section to which they refer.