Common use of Account Statements and Notices Clause in Contracts

Account Statements and Notices. When a business account has more than one authorized signer, we will send or otherwise make available account statements and notices to all authorized signers. Any information mailed will be sent to the primary or mailing address on record. The business receiving this information is responsible for sharing copies of the information with other owners who may not reside at the primary or mailing address. We may as a courtesy provide additional copies electronically. When the business requests that we send notices to an authorized signer, the authorized signer is responsible for providing copies to all account owners. RETURNED OR UNDELIVERABLE STATEMENTS AND NOTICES Your account statements or notices will be considered unclaimed or undeliverable if: • Two or more account statements or notices are returned to us through the mail because of an incorrect address; or • We notify you electronically that your account statement is available for viewing at Member One FCU Online Banking and we receive email notifications that our message is undeliverable. In either event, we may • Discontinue sending account statements and notices, and • Destroy account statements and notices returned to us as undeliverable. We will not attempt to deliver account statements and notices to you until you provide us with a valid postal or electronic address. ADDRESS CHANGES You can change your postal or email address online, by calling our Contact Center, or by visiting one of our Retail Centers. If you have a combined account statement, any owner of the account can change the address of all accounts included in the combined account statement. We will act on your request within a reasonable time after we receive it. You agree to keep Member One informed of your current mailing address and are to promptly notify us if your contact information changes. OBLIGATION TO REVIEW STATEMENTS AND NOTICES You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. Between you and us, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could not only be with respect to items on the statement but other items with unauthorized signature or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signature, alteration, forgeries, or any other errors in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and between you and us the loss will be entirely yours, as provided for under applicable law. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. ORIGINAL CHECKS IN STATEMENTS We do not return original paid checks with your account statements. Copies of your paid checks are available through Member One Online Banking, or by contacting us using one of the options listed under Contacting Member One Federal Credit Union. MODIFICATION NOTICE If we are required to notify you of a modification to the Agreement, we will describe the modification and its effective date by a message within your account statement or any other appropriate means as required by law. BUSINESS DAYS For purposes of these disclosures, our business days are Monday through Friday, excluding Saturdays, Sundays and federal holidays.

Appears in 2 contracts

Samples: Business Membership Account Agreement, Business Membership Account Agreement

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Account Statements and Notices. When Periodic Statements. If we have a business account has more than one authorized signerdeliverable address on file for you, we will send mail, or otherwise make available to you, periodic statements for your deposit account at approximately monthly intervals unless we specify to you another interval period when you open your account or thereafter. The account statement will describe each item by item number (where appropriate), amount, and date of debit or credit. For certain types of accounts, the periodic statement may be accompanied by the items and/or a facsimile of those items listed on the statement, unless the item or an image of the item is unavailable for any reason (for example, when an item is electronically presented (or re-presented) for payment against your account). If we comply with the foregoing provisions of this section, you agree that the statement and items all have been made available to you in a reasonable manner. Mailing and Availability. Periodic statements and canceled checks (if applicable to your account) and written notices of dishonor or return of unpaid deposited items, or any other notice or communication, may be mailed or e-mailed to you at the address shown in our records or a forwarding address for you if one is on file with the U.S. Postal Service. However, we will not mail any account information to an address that the U.S. Postal Service has informed us is “undeliverable” or otherwise invalid. We use reasonable efforts to maintain the first statement(s) returned as undeliverable for sixty (60) days, or such longer period of time as may be required by applicable law, after which time we may dispose of the statement and original items. However, we retain printable versions of your account statements for seven (7) years, or longer periods as may be required by applicable law. You agree to give us written notice of any change of your address. Periodic statements, and written notices of dishonor or return of unpaid deposited items, or any other notice or communication may be delivered to all authorized signersyou electronically if you have agreed to receive such notices and communications electronically. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. Any information notice mailed to your last address appearing in our records will be effective and binding on you for all purposes. We may, but are not required to, change the address for you in our records if the U.S. Postal Service notifies us of a new address for you, and you waive any and all claims against us that arise in connection with any mail forwarded to you or sent to an address for you supplied to us by the primary or mailing address on record. The business receiving this information is responsible for sharing copies of the information with other owners who may not reside at the primary or mailing addressU.S. Postal Service. We may as a courtesy provide additional copies electronically. When the business requests that we send make statements, canceled checks (if applicable to your account), notices to an authorized signer, the authorized signer is responsible for providing copies to all account owners. RETURNED OR UNDELIVERABLE STATEMENTS AND NOTICES Your account statements or notices will be considered unclaimed or undeliverable if: • Two or more account statements or notices are returned to us through the mail because of an incorrect address; or • We notify you electronically that your account statement is other such communications available for viewing at Member One FCU Online Banking and we receive email notifications that our message is undeliverable. In either event, we may • Discontinue sending account statements and notices, and • Destroy account statements and notices returned to us as undeliverable. We will not attempt to deliver account statements and notices to you until by holding all or any of these items for you, or delivering all or any of these items to you, in accordance with your request or instructions. If we hold them at your request or because you fail to provide us with a valid postal current address, they will be deemed delivered to you when they are prepared (for held statements), mailed or electronic address. ADDRESS CHANGES You can change your postal or email address online, by calling our Contact Center, or by visiting one of our Retail Centers. If you have a combined account statement, any owner of the account can change the address of all accounts included in the combined account statement. We will act on your request within a reasonable time after we receive it. You agree to keep Member One informed of your current mailing address and are to promptly notify us if your contact information changes. OBLIGATION TO REVIEW STATEMENTS AND NOTICES You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. Between you and us, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could not only be with respect to items on the statement but other items with unauthorized signature or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or otherwise made available to you. You further agree In the event that you have requested or instructed us to make canceled checks or other items available to you by retaining them, whether pursuant to this Agreement or otherwise, we will send any such item or a copy of the item (if available) to you fail upon your request and upon payment of our service charge for such service. Errors, Unauthorized Transactions and Forgeries. Our records regarding your accounts will be deemed correct unless you timely establish with us that we made an error. It is essential that any account errors (including missing deposits or deposits that do not apply to report any your account), unauthorized signaturetransactions, alterationalterations, unauthorized signatures, unauthorized demand drafts or remotely created checks, unauthorized or improperly imaged checks, unauthorized or forged endorsements, forgeries, encoding errors or posting errors (such as debits or credits posted twice, debits posted as credits or credits posted as debits), unauthorized or disputed fees of any kind, or any other errors in improper transactions on your account (collectively referred to as “exceptions”) be reported to us as soon as reasonably possible. Otherwise, we may not be liable for the exceptions. You agree that you will carefully examine each account statement or notice you receive and report any exceptions to us promptly after you receive the statement or notice. You agree to act in a prompt and reasonable manner in reviewing your statement or notice and reporting any exceptions to us. If you do not report an exception to us within 60 thirty (30) days of when after we first send or make the statement availableor notice available to you, you agree that we will not be liable to you for any loss you suffer related to that exception and that you cannot assert later dispute the transaction amounts and information contained in the statement. This means that, if you do not report exceptions to us within thirty (30) days after we send or make the statement or notice available to you, we will not reimburse you for any such disputed amounts or any loss you suffer, including, but not limited to, any amounts lost as a claim against result of: paying any unauthorized, forged, or altered item, or paying any other item altered or forged by the same wrongdoer if we paid the other item before we received notice of any of these exceptions from you. Except as provided by applicable law, you also agree that we will not be required to reimburse you for any exceptions caused by your own negligence. Different rules may apply to items that are electronic fund transfers. In any case, you agree to repay us on promptly any items amount credited to your account in that statementerror, and between you and authorize us to debit your account to obtain payment of any erroneous credit. If you make your checkbook, your checking account number, your ATM or Debit card, or personal identification numbers and/or security codes available to any third-person for the purpose of transacting business on your account, you agree to assume full responsibility for any errors or wrongdoing performed or caused by such third person. You are responsible to us for any actions of such third person, regardless of whether those actions exceed the authority given. Our maximum liability will never exceed the amount of actual damages proven by you. Our liability will be reduced: (a) by the amount of the loss that is caused by your own negligence or lack of care; (b) to the extent that damages could not have been avoided by our exercise of ordinary care; (c) by any loss recovery that you obtain from third parties (apportioned in accordance with this provision); and (d) as otherwise limited by this Agreement. We will not be entirely yours, as provided liable for under applicable law. This 60-day limitation any loss that is without regard to whether caused in part by your negligence if we used acted with ordinary care. The limitation We will not be liable for incidental, special or consequential damages, including loss of profits and/or opportunity, even if we were aware of the possibility of such damages. You agree to pursue all rights you may have under any insurance policy covering any loss and to provide us with information regarding coverage. Our liability will be reduced proportionately in this paragraph is in addition to that contained in the first paragraph of this section. ORIGINAL CHECKS IN STATEMENTS We do not return original paid checks accordance with your account statementsresponsibility for any loss, by the amount of any insurance proceeds you receive or are entitled to receive for the loss. Copies of your paid checks are available through Member One Online Banking, or by contacting us using one of the options listed under Contacting Member One Federal Credit Union. MODIFICATION NOTICE If we are required reimburse you for a loss and the loss is covered by insurance, you agree to notify you of a modification assign us your rights under the insurance policy to the Agreementextent of our reimbursement, we in accordance with this provision. You waive all rights of subrogation against us with respect to any insurance policy or bond. Record Retention. We will describe the modification and its effective date by a message within retain any item paid on your account statement or any other appropriate means as required by law. BUSINESS DAYS For purposes for a period of these disclosures, our fifteen (15) business days are Monday through Friday, excluding Saturdays, Sundays and federal holidaysfrom the date the item posts to your account. We will retain copies of those items for seven (7) years.

Appears in 1 contract

Samples: Deposit Account Agreement

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Account Statements and Notices. When Periodic Statements. If we have a business account has more than one authorized signerdeliverable address on file for you, we will send mail, or otherwise make available to you, periodic statements for your deposit account at approximately monthly intervals unless we specify to you another interval period when you open your account or thereafter. The account statement will describe each item by item number (where appropriate), amount, and date of debit or credit. For certain types of accounts, the periodic statement may be accompanied by the items and/or a facsimile of those items listed on the statement, unless the item or an image of the item is unavailable for any reason (for example, when an item is electronically presented (or re-presented) for payment against your account). If we comply with the foregoing provisions of this section, you agree that the statement and items all have been made available to you in a reasonable manner. Mailing and Availability. Periodic statements and canceled checks (if applicable to your account) and written notices of dishonor or return of unpaid deposited items, or any other notice or communication, may be mailed or e-mailed to you at the address shown in our records or a forwarding address for you if one is on file with the U.S. Postal Service. However, we will not mail any account information to an address that the U.S. Postal Service has informed us is “undeliverable” or otherwise invalid. We use reasonable efforts to maintain the first statement(s) returned as undeliverable for sixty (60) days, or such longer period of time as may be required by applicable law, after which time we may dispose of the statement and original items. However, we retain printable versions of your account statements for seven (7) years, or longer periods as may be required by applicable law. You agree to give the Program Manager written notice of any change of your address. Periodic statements, and written notices of dishonor or return of unpaid deposited items, or any other notice or communication may be delivered to all authorized signersyou electronically if you have agreed to receive such notices and communications electronically. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. Any information notice mailed to your last address appearing in our records will be effective and binding on you for all purposes. We may, but are not required to, change the address for you in our records if the U.S. Postal Service notifies us of a new address for you, and you waive any and all claims against us that arise in connection with any mail forwarded to you or sent to an address for you supplied to us by the primary or mailing address on record. The business receiving this information is responsible for sharing copies of the information with other owners who may not reside at the primary or mailing addressU.S. Postal Service. We may as a courtesy provide additional copies electronically. When the business requests that we send make statements, canceled checks (if applicable to your account), notices to an authorized signer, the authorized signer is responsible for providing copies to all account owners. RETURNED OR UNDELIVERABLE STATEMENTS AND NOTICES Your account statements or notices will be considered unclaimed or undeliverable if: • Two or more account statements or notices are returned to us through the mail because of an incorrect address; or • We notify you electronically that your account statement is other such communications available for viewing at Member One FCU Online Banking and we receive email notifications that our message is undeliverable. In either event, we may • Discontinue sending account statements and notices, and • Destroy account statements and notices returned to us as undeliverable. We will not attempt to deliver account statements and notices to you until by holding all or any of these items for you, or delivering all or any of these items to you, in accordance with your request or instructions. If we hold them at your request or because you fail to provide us with a valid postal current address, they will be deemed delivered to you when they are prepared (for held statements), mailed or electronic address. ADDRESS CHANGES You can change your postal or email address online, by calling our Contact Center, or by visiting one of our Retail Centers. If you have a combined account statement, any owner of the account can change the address of all accounts included in the combined account statement. We will act on your request within a reasonable time after we receive it. You agree to keep Member One informed of your current mailing address and are to promptly notify us if your contact information changes. OBLIGATION TO REVIEW STATEMENTS AND NOTICES You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. Between you and us, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could not only be with respect to items on the statement but other items with unauthorized signature or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or otherwise made available to you. You further agree In the event that you have requested or instructed us to make canceled checks or other items available to you by retaining them, whether pursuant to this Agreement or otherwise, we will send any such item or a copy of the item (if available) to you fail upon your request and upon payment of our service charge for such service. Errors, Unauthorized Transactions and Forgeries. Our records regarding your accounts will be deemed correct unless you timely establish with us that we made an error. It is essential that any account errors (including missing deposits or deposits that do not apply to report any your account), unauthorized signaturetransactions, alterationalterations, unauthorized signatures, unauthorized demand drafts or remotely created checks, unauthorized or improperly imaged checks, unauthorized or forged endorsements, forgeries, encoding errors or posting errors (such as debits or credits posted twice, debits posted as credits or credits posted as debits), unauthorized or disputed fees of any kind, or any other errors in improper transactions on your account (collectively referred to as “exceptions”) be reported to us as soon as reasonably possible. Otherwise, we may not be liable for the exceptions. You agree that you will carefully examine each account statement or notice you receive and report any exceptions to us promptly after you receive the statement or notice. You agree to act in a prompt and reasonable manner in reviewing your statement or notice and reporting any exceptions to us. If you do not report an exception to us within 60 thirty (30) days of when after we first send or make the statement availableor notice available to you, you agree that we will not be liable to you for any loss you suffer related to that exception and that you cannot assert later dispute the transaction amounts and information contained in the statement. This means that, if you do not report exceptions to the Program Manager within thirty (30) days after we send or make the statement or notice available to you, we will not reimburse you for any such disputed amounts or any loss you suffer, including, but not limited to, any amounts lost as a claim against result of: paying any unauthorized, forged, or altered item, or paying any other item altered or forged by the same wrongdoer if we paid the other item before we received notice of any of these exceptions from you. Except as provided by applicable law, you also agree that we will not be required to reimburse you for any exceptions caused by your own negligence. Different rules may apply to items that are electronic fund transfers. In any case, you agree to repay us on promptly any items amount credited to your account in that statementerror, and between you and authorize us to debit your account to obtain payment of any erroneous credit. If you make your checkbook, your checking account number, your ATM or Debit card, or personal identification numbers and/or security codes available to any third-person for the purpose of transacting business on your account, you agree to assume full responsibility for any errors or wrongdoing performed or caused by such third person. You are responsible to us for any actions of such third person, regardless of whether those actions exceed the authority given. Our maximum liability will never exceed the amount of actual damages proven by you. Our liability will be reduced: (a) by the amount of the loss that is caused by your own negligence or lack of care; (b) to the extent that damages could not have been avoided by our exercise of ordinary care; (c) by any loss recovery that you obtain from third parties (apportioned in accordance with this provision); and (d) as otherwise limited by this Agreement. We will not be entirely yours, as provided liable for under applicable law. This 60-day limitation any loss that is without regard to whether caused in part by your negligence if we used acted with ordinary care. The limitation We will not be liable for incidental, special or consequential damages, including loss of profits and/or opportunity, even if we were aware of the possibility of such damages. You agree to pursue all rights you may have under any insurance policy covering any loss and to provide us with information regarding coverage. Our liability will be reduced proportionately in this paragraph is in addition to that contained in the first paragraph of this section. ORIGINAL CHECKS IN STATEMENTS We do not return original paid checks accordance with your account statementsresponsibility for any loss, by the amount of any insurance proceeds you receive or are entitled to receive for the loss. Copies of your paid checks are available through Member One Online Banking, or by contacting us using one of the options listed under Contacting Member One Federal Credit Union. MODIFICATION NOTICE If we are required reimburse you for a loss and the loss is covered by insurance, you agree to notify you of a modification assign us your rights under the insurance policy to the Agreementextent of our reimbursement, we in accordance with this provision. You waive all rights of subrogation against us with respect to any insurance policy or bond. Record Retention. We will describe the modification and its effective date by a message within retain any item paid on your account statement or any other appropriate means as required by law. BUSINESS DAYS For purposes for a period of these disclosures, our fifteen (15) business days are Monday through Friday, excluding Saturdays, Sundays from the date the item posts to your account. We will retain copies of those items and federal holidayscopies of account statements for seven (7) years.

Appears in 1 contract

Samples: Deposit Account Agreement

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