Your stop payment order will not be effective if we have already certified, paid or otherwise become responsible for the check. H. Current Balance means the amount of funds Frosts records show in your Account, including debits and credits that have posted to your Account to date, minus the amount of any Funds Availability Holds. We charge any such electronic debit to your Account when we receive it. FROST RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU. Dollars, you must advise us at the time of the transaction. (3) Delivery and Receipt of Notices Notices sent or made available to any Account Holder are deemed to be received by all Account Holders. (12) Converting Checks To Electronic Debits We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your Account to make the transfer; If the transfer would go over the credit limit on any Overdraft line associated with your Account; If the ATM where you are making the transfer does not have enough cash; If the ATM, terminal or system was not working properly and you knew about the breakdown when you started the transfer; If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transfer, despite commercially reasonable precautions that we have taken; If the funds are subject to Legal Process or other encumbrance restricting the transfer; If an Account becomes dormant (in which case we may terminate card or code access to that Account); or. (15) Check Legends We may disregard information on any check or item other than the signature of the drawer, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other information that appears on the MICR line. B. IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FROST, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FROST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, we have the right to destroy your statements if you have not claimed them within sixty (60) calendar days. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration administrator and/or arbitrator. can you cash a butterball check at the bank. If a court or arbitrator finds any provision of the Agreement to be invalid or unenforceable, such finding shall not make the rest of the Agreement invalid or unenforceable. The Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for Digital Deposits and transactions contemplated hereunder and you agree to abide by such requirements. The negotiation shall be held within twenty (20) calendar days after such response is received by the Party initially requesting the negotiation; and the Parties must either complete the negotiation or agree that the dispute cannot be resolved through negotiation within thirty (30) calendar days of the first negotiation meeting. You may not grant a security interest in, transfer, or assign your Account to anyone other than us without our written consent. Accordingly, except to the extent that any warranties deemed given under the UCC as adopted in the Texas Business and Commerce Code are expressly superseded by the Check 21 Act or the Check 21 regulations, you understand that you are deemed to give us all the same warranties you would have given under the UCC as adopted in the Texas Business and Commerce Code for the deposit of an Original Check by transferring to us: (1) any Substitute Check; (2) an Image Replacement Document (IRD) or other item purporting to be a Substitute Check; or (3) any Electronic Image that purports to contain a Sufficient Copy of an Original Check or a Substitute Check. THIS AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES (WITH THE ABOVE-LISTED EXCEPTIONS) IS ENTERED INTO PURSUANT TO THE TEXAS CIVIL PRACTICE AND REMEDIES CODE, CHAPTER 171, THE TEXAS GENERAL ARBITRATION ACT, AND AS NECESSARY, PURSUANT TO THE FEDERAL ARBITRATION ACT 9 USC, 1-16. Any final arbitration award, rendered in a reasoned opinion, will be binding on the named parties and enforceable by any court having jurisdiction. Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks. Relationship to Your Digital Wallet Provider. Q. The filing of a CTR is a common and routine event for all banks. Account means each and every deposit account that you have established with us, or that we have opened at your direction, whether a Business Account orPersonal Account. We may pay funds in the Account to the convenience signer or at the convenience signers direction either before we receive notice of your death, or before we receive written notice signed by you that the authority of the convenience signer has been revoked and instructing us to remove the convenience signer from your Account. Q. All third-party intellectual property marks, including the logos of merchants, are the property of their respective owners. Disputes in excess of $100,000 where the AAA or like organization cannot serve shall be decided by a panel of three (3) arbitrators selected in the manner and credentialed in the way described above. and even recommend an amount for you to put on ice - without breaking the bank! Information Regarding Digital Deposits. To sign a . You understand and acknowledge these provisions do not apply to any Business Account. Electronic Contact (5) Foreign Items A foreign item is a check or other item in any currency (including U.S. dollars) that is drawn on a bank or branch of a bank located outside of the U.S. You should be cautious about accepting foreign items because foreign items are not subject to U.S. laws or regulations. Your Digital Wallet provider, in its sole discretion, determines which Mobile Devices are eligible to be used with the Digital Wallet. (60) calendar days after the statement showing the transaction has been mailed to you. You have overdrawn your Account repeatedly in the last six months. It is anticipated that the arbitration will take place within ninety (90) calendar days after notice is given. If you are engaged in any of the activities described above, you must disclose such fact prior to opening your Account with us, and we reserve the right to deny you an Account based on such activity. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for instance, pre-authorizations at restaurants and hotels). We shall be entitled to act upon any Legal Process served upon us which we reasonably believe to be binding, with no liability to you for doing so. C. Relationships to Other Frost Agreements designation. We must hear from you no later than sixty (60) calendar days after we sent you the FIRST statement on which the problem or error appeared. Any Frost Bank customer or visitor violating the Premises code of conduct may be asked to immediately cease the conduct in violation of the Frost Bank code of conduct or leave the Premises. Obtain balance information for your checking or savings Account. (6) Power of Attorney For purposes of this subsection, the person executing a power of attorney will be referred to as the principal, and the person acting for the principal under the power of attorney will be referred to as the agent. If you desire to grant someone power of attorney over your Account, we ask that you complete a power of attorney form that is legally binding within the State of Texas (Power of Attorney) in accordance with Texas Estates Code Chapter 751. Can I avoid having this form filed if I break up the transaction into smaller amounts? You also understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous and fair treatment. sender) and receiver (i.e. Note, however, that you are also responsible for notifying your Digital Wallet provider if your Supported Digital Wallet Device is lost or stolen. We are not required to determine your Current Balance more than one (1) time during this period. Physical customer records are stored in a secure location and protected by Security Procedures at all times. By using Digital Deposits, you agree to provide information, including financial information, which we may, in our sole discretion, require from time to time regarding you or any Third Party which you hire, employ, or retain in any manner, to administer Digital Deposits or assume any of your duties under the Agreement. We will also provide you with an estimate of when the funds will be available. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act. You may have the ability to decline to have the transaction data made available for display and still use the Digital Wallet Service, but you must follow the instructions for doing so in your Digital Wallet. Additional definitions regarding Digital Deposit terms are contained in Section VII (Digital Deposits). chloe johnson peter buck wedding; le mal en elle fin du film Retailers and Check-Cashing Stores . (Notice of Amendments). This Disclaimer of Warranties section shall survive any termination of this Agreement for any reason. You agree to the Security Procedures used by the Bank in connection with the Digital Deposits. We are here to answer any questions you may have about this Agreement or about your Frost Bank Account (s). Funds will be transferred from the savings subaccount to cover checks presented against the transaction subaccount as may be needed. (12) Documentation of Transfers Heres how: call us at 1-800-513-7678, or write to us at Frost Bank, Attn: Stop Payment Clerk, P.O. (4) Substitute Checks Deposited by You, X. Interest (2) What are Your Rights Regarding Substitute Checks A. If you deposit such an Electronic Image, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation. Box 1600, San Antonio, Texas, 78296, Attention: Loan Operations. If you call us, we may also require you to put your request in writing and mail or otherwise transmit it to us within fourteen (14) calendar days after you call. All costs, expenses, and fees with regard to any mediation, except for each Partys attorneys fees, shall be divided equally between you and the Bank, and you and the Bank shall each be solely responsible for payment of each Partys share of such costs, expenses and fees. A. Wells Fargo Check Cashing Policy For Non-account Holders. By entering into this Agreement, you agree that you are providing your express consent for Frost and any Frost third-party service provider to call you, text message you, or both at any phone number (including any mobile phone number) you provide to Frost or any Frost third-party service provider using auto-dialed phone calls, prerecorded phone calls, or both for any or all of the following reasons: (i) transactional purposes; (ii) informational purposes; (iii) to provide account alerts; (iv) to provide servicing information; (v) fraud prevention purposes; and (vi) any other purposes provided for in this Agreement or in any other applicable Frost agreements, including, but not limited to, Frosts Customer Privacy Statement. Bank employs various security and authentication technologies to ensure that you, your employees, agents or Third Parties (if a Business Account Holder), are communicating directly with the Bank, and also to ensure that your computer or mobile device is communicating with a legitimate Bank computer. You agree that you will not use any third- party materials associated with the Mobile Card(s) or the Digital Wallet Service in a manner that would infringe or violate the rights of any party, and that Frost is not in any way responsible for any such use by you. (ii) Notice of Varying Amounts If these regular payments might vary in amount and/or timing, the person you are going to pay will tell you ten (10) calendar days before each payment is due when it will be made and how much it will be. The terms of use for your Payment Card which were provided to you when your Payment Card was issued, and as amended from time to time, remain in full force and effect regardless of whether or not you use the Digital Wallet Service. Fee: $3 for checks that are worth up to $1,000 and $6 for checks that are worth $1,000 to $5,000. You should also revoke your authorization for pre-authorized debit card transactions you may previously have provided to a merchant. On the death of the last surviving Party, the ownership of the Account passes to the P.O.D. (3) Funds Availability Holds on Other Funds (Check Cashing) If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your Account. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FROST OVER THE INTERNET FROM YOUR SUPPORTED DIGITAL WALLET DEVICE, FROST RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO SECURE SESSIONS THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS FROST SELECTS. If we are not going to make all of the funds from your Digital Deposits available on the first Business Day after the day of your deposit, we will notify you at the time you make your deposit. You understand that we may receive compensation in connection with such conversion. Relationship to Your Digital Wallet Provider (2) Report Lost or Stolen Devices or Payment Cards. L. Our Liability (2) If you do not comply with the requirements above, we are not required to reimburse you for any claimed loss, and you cannot bring any legal claim against us in any way related to the Item or errors. We are not required to adjust your Account for discrepancies under $10. Literally. We may use funds held in multiple-party Accounts to repay the debts on which any one of you is liable, whether jointly with another or individually. Frost and its Third-Party Licensors retain all right, title and interest in and to the software used by Frost to provide the Mobile Card(s), Digital Wallet Service, and any modifications and updates thereto. For security reasons, we may require you to close your Account and to open a new Account if: (1) there is a change in authorized signers; (2) there has been a forgery or fraud reported or committed involving your Account; (3) any Account checks are lost or stolen; (4) you have too many transfers from your Account; or (5) any other provision of our Agreement with you is violated. However, the IRS does receive information about your money movements from banks and other financial institutions. A. You agree to keep your Account information confidential, up to date, and accurate. Available Balance Is the Current Balance in your Account minus (i) debit card, electronic payments or other transactions that we are legally obligated to pay or have already paid (in cash or otherwise), (ii) other pending transactions such as ACH transactions, (iii) any funds that are subject to final payment, and (iv) any Holds on your Account. You agree that we may change the fees and charges from time to time and you authorize us to charge your Account for their payment even if the charge results in an Overdraft of your Account. The amount of our loss which we may recover from you may be limited under the Check 21 Regulations. Limitation of Liability D. Deposit Rules You should understand, however, that it is easier for someone to imitate, duplicate, counterfeit, or gain unauthorized access to, or otherwise manipulate, a form or mechanical signature than it is for someone to imitate, duplicate, counterfeit, or gain unauthorized access to, or otherwise manipulate, a unique and distinctive signature. However, federal laws require that we obtain specific information from you when conducting certain cash transactions. Even though the foreign item is returned unpaid, we may charge you for our collection fees and for fees and charges assessed by the paying bank and any agents involved in the collection or settlement process. Assign your Account to anyone other than us without our written consent or Stolen Checks! Us at the time of the Account passes to the arbitration will take place within ninety 90! Be needed including the logos of merchants, are the property of their respective owners federal... 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