Common use of Arbitration Procedure; Severability Clause in Contracts

Arbitration Procedure; Severability. You or HSA Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR HSA BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and HSA Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and these arbitration provisions, these arbitration provisions shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and HSA Bank agree that in this relationship: (1) you and HSA Bank are participating in transactions involving interstate commerce; and (2) these arbitration provisions and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and HSA Bank. If any provision of these arbitration provisions dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and these entire arbitration provisions shall be unenforceable.

Arbitration Procedure; Severability. You Either you or HSA the Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR HSA BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATIONNeither you nor the Bank shall be entitled to join or consolidate disputes by or against others in any arbitration, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASSor to include in any arbitration any dispute as a representative or member of a class, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITYor to act in a private attorney general capacity. Each arbitration, including the selection of the arbitrator(s), ) shall be administered by the American Arbitration Association (AAA), or such other administrator as you and HSA the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and these arbitration provisionsthis Arbitration Agreement, these arbitration provisions this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and HSA the Bank (the “Parties”) agree that in this relationship: (1) you and HSA Bank The Parties are participating in transactions involving interstate commerce; and (2) these arbitration provisions This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and HSA Bankof South Dakota. If any provision of these arbitration the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and these this entire arbitration provisions Arbitration Agreement shall be unenforceable.

Arbitration Procedure; Severability. You or HSA Bank we may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR HSA XXXXXXX BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and HSA Bank we may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “"Arbitration Administrator”"), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“"AAA Rules”"). To the extent that there is any variance between the AAA Rules and these arbitration provisions, these arbitration provisions shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and HSA Bank we agree that in this relationship: (1) you and HSA Bank we are participating in transactions involving interstate commerce; and (2) these arbitration provisions and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and HSA Bankus. If any provision of these arbitration provisions dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and these entire arbitration provisions shall be unenforceable. Rights Preserved. These arbitration provisions do not prohibit you or us from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self- help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and us. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and us. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state that governs the relationship between us limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration.

Arbitration Procedure; Severability. You or HSA Bank we may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR HSA XXXXXXX BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and HSA Bank we may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “"Arbitration Administrator”"), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“"AAA Rules”"). To the extent that there is any variance between the AAA Rules and these arbitration provisions, these arbitration provisions shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and HSA Bank we agree that in this relationship: (1) you and HSA Bank we are participating in transactions involving interstate commerce; and (2) these arbitration provisions and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and HSA Bankus. If any provision of these arbitration provisions dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and these entire arbitration provisions shall be unenforceable. Rights Preserved. These arbitration provisions do not prohibit you or us from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and us. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and us. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state that governs the relationship between us limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration. Applicable to Consumer Accounts Only We agree to reimburse you, at the conclusion of the arbitration, within thirty (30) days of the issuance of the decision of the arbitrator, all of the filing, administration and arbitrator fees unless the arbitrator determines that the claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure). We hereby agree not to seek an award of attorneys' fees and/or expenses if we prevail in Arbitration. SEE YOUR LOAN AGREEMENT FOR BILLING ERROR NOTICE FOR YOUR RIGHTS AND RESPONSIBILITIES FOR LOANS. SEE YOUR WIS BROKERAGE ACCOUNT RULES FOR YOUR RIGHTS AND RESPONSIBILITIES FOR BROKERAGE ACCOUNTS. In case of errors or questions about your electronic transfers or payments listed on your statement or appearing in your online Account Transaction History, do one of the following, as soon as possible: Call us at 000-000-0000 Send us an electronic message using Contact Us within Xxxxxxx OnlineServices Write to us at: Xxxxxxx Online Services P.O. Box 10305, WFD 000 Xxxxxxxxx, XX 00000 If your statement shows transfers that you did not make or authorize, tell us at once. We must hear from you no later than the applicable Dispute Period. If you do not tell us within the Applicable Dispute Period, you may not get back any money you lost after the applicable Dispute Period has lapsed if we could have stopped someone from taking the money if you had told us in time. The Dispute Period is defined as (a) sixty (60) days for consumer accounts, and (b) twenty-one (21) days for business accounts, commencing on the earlier of (i) mailing of the paper statement reflecting the problem or error, or (ii) receipt of notice on your computer of (x) the actual reflecting the problem or error, or (y) the message indicating the availability of the electronic statement (via the eDelivery Service) reflecting the problem or error. Tell us your name and Account Number. Describe the error you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. Regulation E Disclosure Applicable to Consumer Accounts Only In accordance with Federal regulations, we will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not re-credit your Account. If we decide there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation (either by U.S. Mail or the Xxxxxxx Online Services messaging system. ) You may ask for copies of documents that we used in our investigation. If we have provisionally re-credited your account during the investigation and determine that there was no error, you will be required to return any credit of funds you have received from us. If you do not return the funds, and subject to certain restrictions, we have the right to take the funds out of your Account. Disclosures of Account Information to Third Parties. We will only disclose information to third parties about your Accounts, Loans or the transactions you make: Where it is necessary for completing a transaction; In order to verify the existence and condition of your Account for a third party, such as a credit bureau or Payee; In order to comply with a governmental agency or court order; If you give us permission, which we may require in writing; In order to collect information for our internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic fund transfer service; If it involves a claim by or against us concerning a deposit to or withdrawal from your Account; Where otherwise required or permitted under state or federal laws and regulations or as permitted under our Privacy and Opt-Out Notice. Authorization to Obtain Information You agree that we may obtain and use information from credit bureaus and consumer reporting agencies. We may also verify your employment, income pay, salary, assets, debts, and references. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments. Statements/Notices We may send you your monthly (or quarterly) Account statement via email or U.S. mail. Entire Agreement This Agreement is the complete and exclusive agreement between you and us related to Xxxxxxx Online Services and supplements any other agreement or disclosure related to your Checking Account or other Accounts including the Deposit Account Disclosures (which contains the Deposit Account Agreement, our policy on Your Ability to Withdraw Funds, and the Electronic Funds Transfers Agreement and Disclosures). In the event of a conflict between this Agreement and any other agreement or disclosures related to your Checking Account or other Accounts or any statement by our employees or agents, this Agreement shall control.