ATM Safety Precautions. Exercise discretion when using an ATM or night deposit facility. Observe basic safety precautions. Prepare for any ATM transactions prior to approaching the ATM or night deposit facility. Retain your receipts, and do not leave them at the ATM or night deposit facility. Do not lend your Card to anyone, and do not leave your Card or any other documents at the ATM or any night deposit facility. Keep your PIN secret and memorize it. Do not give anyone information regarding your Card or PIN over the telephone. When using an ATM, place your body in a position so that you will prevent others from observing your PIN when entered. Never enter your PIN in any terminal that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. At any ATM or night deposit facility, keep a lookout for any suspicious activity near the facility and assure yourself that the facility and all approaches to the facility are well lighted. Conceal cash received from an ATM to the best of your ability and count it after you have left the ATM. If anyone offers assistance while you are operating an ATM, do not accept it. If you have begun a transaction, consider canceling the transaction and leaving the ATM location. Finally, compare your receipts against the statements you receive and notify us immediately if you suspect that an error or unauthorized transaction has occurred. Binding Arbitration and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. Agreement to Arbitrate Disputes. Either You or We may elect, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related to your Accounts be resolved by binding arbitration, except for those disputes specifically excluded below. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”). Disputes Covered by Arbitration. Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit box, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. Disputes also include claims or disputes relating to the enforceability, validity, scope or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: 0000 X-00 Xxxx Xxxxxxxx, Xx. 00000 Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties, or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contrary.
Appears in 3 contracts
Samples: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement
ATM Safety Precautions. Exercise discretion when using an ATM or night deposit facility. Observe basic safety precautions. Prepare for any ATM transactions prior to approaching the ATM or night deposit facility. Retain your receipts, and do not leave them at the ATM or night deposit facility. Do not lend your Card to anyone, and do not leave your Card or any other documents at the ATM or any night deposit facility. Keep your PIN secret and memorize it. Do not give anyone information regarding your Card or PIN over the telephone. When using an ATM, place your body in a position so that you will prevent others from observing your PIN when entered. Never enter your PIN in any terminal that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. At any ATM or night deposit facility, keep a lookout for any suspicious activity near the facility and assure yourself that the facility and all approaches to the facility are well lighted. Conceal cash received from an ATM to the best of your ability and count it after you have left the ATM. If anyone offers assistance while you are operating an ATM, do not accept it. If you have begun a transaction, consider canceling the transaction and leaving the ATM location. Finally, compare your receipts against the statements you receive and notify us immediately if you suspect that an error or unauthorized transaction has occurred. Binding Arbitration FUNDS AVAILABILITY POLICY This policy describes your ability to withdraw funds deposited into “transaction Accounts.” Generally, transaction Accounts are Accounts that do not limit the number or types of withdrawals or transfers that may be made from the Account and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING includes our Checking accounts. We reserve the right to delay the availability of funds deposited to a non-transaction Accounts for periods longer than disclosed in this policy. Please ask us if you have a question about which Accounts are covered by this policy. YOUR ACCOUNTS AND ALL RELATED SERVICESABILITY TO WITHDRAW FUNDS Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATIONElectronic direct deposits will be available on the day we receive the deposit. ARBITRATION REPLACES THE RIGHT TO GO TO COURTAvailability of electronic deposits originating from an international location may be delayed if such action is necessary to comply with the requirements from the Office of Foreign Assets Control (OFAC). Once they are available, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDINGyou can withdraw the funds in cash and we will use the funds to pay items presented for payment against your account. IN ARBITRATIONPlease remember that even after we have made funds available to you, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTYand you have withdrawn the funds, AN ARBITRATORyou are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. For determining the availability of your deposits, INSTEAD OF A JUDGE OR JURYevery day is a business day, except Saturdays, Sundays, and federal holidays. ARBITRATION PROCEDURES If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that deposit to be made on the next business day we are open. LONGER DELAYS MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURTAPPLY In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Agreement to Arbitrate DisputesDepending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. Either You or We may electHowever, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related first $225 of your deposits to your Accounts checking or savings account will be resolved available (in most cases) on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by binding arbitrationthe day after we receive your deposit. If you will need the funds from a deposit right away, except you should ask us when the funds will be available. In addition, funds you deposit by check may be delayed for those disputes specifically excluded below. This arbitration agreement is entered into pursuant to a longer period under the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”). Disputes Covered by Arbitration. Claims following circumstances: • You have a savings and or disputes between you a checking account with us and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit boxno loans, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account are also includeddoes not have regular account activity (regular deposits and withdrawals from the account) and you deposit a check, we will doubt its collectability and we will place the corresponding hold on the deposited item. Claims are subject to arbitration• Cashiers, regardless certified or teller checks where we cannot verify the authenticity of what theory they are based the item with the issuing financial institution. • We believe a check you deposit will not be paid. • You deposit checks totaling more than $5,525 on or whether they seek legal or equitable remediesany one day. Arbitration applies to any and all such claims or disputes, whether they arose • You redeposit a check that has been returned unpaid. • You have overdrawn your account repeatedly in the pastlast six months. • There is an emergency, may currently exist such as failure of computer or may arise in the futurecommunications equipment. Disputes also include claims or disputes relating We will notify you if we delay your ability to the enforceability, validity, scope or interpretation of withdraw funds for any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you reasons, and we have will tell you when the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: 0000 X-00 Xxxx Xxxxxxxx, Xx. 00000 Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration funds will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties, or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contraryavailable.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
ATM Safety Precautions. Exercise discretion when using an ATM or night deposit facility. Observe basic safety precautions. Prepare for any ATM transactions prior to approaching the ATM or night deposit facility. Retain your receipts, and do not leave them at the ATM or night deposit facility. Do not lend your Card to anyone, and do not leave your Card or any other documents at the ATM or any night deposit facility. Keep your PIN secret and memorize it. Do not give anyone information regarding your Card or PIN over the telephone. When using an ATM, place your body in a position so that you will prevent others from observing your PIN when entered. Never enter your PIN in any terminal that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. At any ATM or night deposit facility, keep a lookout for any suspicious activity near the facility and assure yourself that the facility and all approaches to the facility are well lighted. Conceal cash received from an ATM to the best of your ability and count it after you have left the ATM. If anyone offers assistance while you are operating an ATM, do not accept it. If you have begun a transaction, consider canceling the transaction and leaving the ATM location. Finally, compare your receipts against the statements you receive and notify us immediately if you suspect that an error or unauthorized transaction has occurred. Binding Arbitration FUNDS AVAILABILITY POLICY This policy describes your ability to withdraw funds deposited into “transaction Accounts.” Generally, transaction Accounts are Accounts that do not limit the number or types of withdrawals or transfers that may be made from the Account and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING includes our Checking accounts. We reserve the right to delay the availability of funds deposited to a non-transaction Accounts for periods longer than disclosed in this policy. Please ask us if you have a question about which Accounts are covered by this policy. YOUR ACCOUNTS AND ALL RELATED SERVICESABILITY TO WITHDRAW FUNDS Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATIONElectronic direct deposits will be available on the day we receive the deposit. ARBITRATION REPLACES THE RIGHT TO GO TO COURTAvailability of electronic deposits originating from an international location may be delayed if such action is necessary to comply with the requirements from the Office of Foreign Assets Control (OFAC). Once they are available, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDINGyou can withdraw the funds in cash and we will use the funds to pay items presented for payment against your account. IN ARBITRATIONPlease remember that even after we have made funds available to you, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTYand you have withdrawn the funds, AN ARBITRATORyou are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. For determining the availability of your deposits, INSTEAD OF A JUDGE OR JURYevery day is a business day, except Saturdays, Sundays, and federal holidays. ARBITRATION PROCEDURES If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that deposit to be made on the next business day we are open. LONGER DELAYS MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURTAPPLY In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Agreement to Arbitrate DisputesDepending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. Either You or We may electHowever, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related first $200 of your deposits to your Accounts checking or savings account will be resolved available (in most cases) on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by binding arbitrationthe day after we receive your deposit. If you will need the funds from a deposit right away, except you should ask us when the funds will be available. In addition, funds you deposit by check may be delayed for those disputes specifically excluded below. This arbitration agreement is entered into pursuant to a longer period under the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”). Disputes Covered by Arbitration. Claims following circumstances: • You have a savings and or disputes between you a checking account with us and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit boxno loans, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account are also includeddoes not have regular account activity (regular deposits and withdrawals from the account) and you deposit a check, we will doubt its collectability and we will place the corresponding hold on the deposited item. Claims are subject to arbitration• Cashiers, regardless certified or teller checks where we cannot verify the authenticity of what theory they are based the item with the issuing financial institution. • We believe a check you deposit will not be paid. • You deposit checks totaling more than $5,000 on or whether they seek legal or equitable remediesany one day. Arbitration applies to any and all such claims or disputes, whether they arose • You redeposit a check that has been returned unpaid. • You have overdrawn your account repeatedly in the pastlast six months. • There is an emergency, may currently exist such as failure of computer or may arise in the futurecommunications equipment. Disputes also include claims or disputes relating We will notify you if we delay your ability to the enforceability, validity, scope or interpretation of withdraw funds for any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you reasons, and we have will tell you when the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: 0000 X-00 Xxxx Xxxxxxxx, Xx. 00000 Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration funds will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties, or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contraryavailable.
Appears in 1 contract
Samples: Account Agreement
ATM Safety Precautions. Exercise discretion when using an ATM Automated Teller Machine or night deposit facility. Observe facility and observe basic safety precautions. Prepare for any ATM transactions prior to approaching the ATM or night deposit facility. Retain your receipts, and do not leave them at the ATM or night deposit facility. Treat your Card like cash. Do not lend your Card to anyone, and do not leave your Card or any other documents at the ATM or any night deposit facility. Keep your PIN secret and memorize it. Do not give anyone information regarding your Card or PIN over the telephone. When using an a walk-up ATM, place your body in a position so that you will prevent others from observing your PIN when entered. Never enter When using a drive-up ATM, keep your PIN in any terminal that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious mannercar doors locked and the engine running. At any ATM or night deposit facility, keep a lookout for any suspicious activity near the facility and assure yourself that the facility and all approaches to the facility are well lighted. Conceal cash received from an ATM to the best of your ability and count it after you have left the ATM. If anyone offers assistance while you are operating an ATM, do not accept it. If you have begun a transaction, consider canceling the transaction and leaving the ATM location. If your Card is lost or stolen, follow the procedures set forth in these disclosures. Finally, compare your receipts against the Account statements you receive and notify us immediately if you suspect that an error or unauthorized transaction has occurred. Binding Arbitration and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING FUNDS AVAILABILITY POLICY YOUR ACCOUNTS AND ALL RELATED SERVICESABILITY TO WITHDRAW FUNDS at Allied Federal Credit Union The following Funds Availability Policy applies a l l All i ed Federal Credit Union Accounts. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATIONHowever, in some cases, we may delay the availability of funds deposited into a non-transaction Account for longer periods than described below. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING“non-transaction” Account includes any Account other than a Checking Account. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. Agreement to Arbitrate Disputes. Either You or We may elect, without If you have a question about when the other’s consent, to require that any dispute between us concerning Your Accounts and the services related funds from a deposit made to your Accounts Account will be resolved available for withdrawal, please ask us. Our policy is to make funds from your cash, check, and electronic deposits available to you on the same day we receive your deposit. At that time, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. Longer Delays May Apply In some cases, we will not make all of the funds that you deposit by binding arbitrationcheck available to you until the second business day after the day or your deposit. The first $225 of your deposit, however, will be available on the same day we receive your deposit. For determining the availability of a deposit subject to a hold hereunder, every day is a business day, except for those disputes specifically excluded below. This arbitration agreement is entered into pursuant to the Federal Arbitration ActSaturdays, 9 U.S.C. §§ 1 – 16 (the “FAA”). Disputes Covered by Arbitration. Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit boxSundays, and any related service with us federal holidays. If you make a deposit before closing on a business day that we are subject open, we will consider that day to arbitrationbe the day of your deposit. Any claims However, if you make a deposit after closing or disputes arising on a day we are not open, we will consider that the deposit was made on the next business day we are open. If we are not going to make all of the funds from or relating your deposit available on the same business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to this agreement, any prior account agreement between usone of our employees, or if we decide to take this action after you have left the advertisingpremises, we will mail you the application fornotice by the day after we receive your deposit. If you will need the funds from a deposit right away, or you should ask us when the approval or establishment of funds will be available. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid. • You deposit checks totaling more than $5,525 on any one day. • You redeposit a check that has been returned unpaid. • You have overdrawn your account are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose repeatedly in the pastlast six months. • There is an emergency, may currently exist such as a failure of computer or may arise in the futurecommunications equipment. Disputes also include claims or disputes relating We will notify you if we delay your ability to the enforceability, validity, scope or interpretation of withdraw funds for any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you reasons, and we have will tell you when the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: 0000 X-00 Xxxx Xxxxxxxx, Xx. 00000 Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration funds will be conducted in accordance with available. They will generally be available no later than the AAA Consumer Due Process Protocol in concert with seventh business day after the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Proceduresday of your deposit. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreementyou have any questions, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling be sure to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties, or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contraryask us.
Appears in 1 contract
Samples: Membership and Account Agreement
ATM Safety Precautions. Exercise discretion when using an ATM Automated Teller Machine or night deposit facility. Observe facility and observe basic safety precautions. Prepare for any ATM transactions prior to approaching the ATM or night deposit facility. Retain your receipts, and do not leave them at the ATM or night deposit facility. Treat your Card like cash. Do not lend your Card to anyone, and do not leave your Card or any other documents at the ATM or any night deposit facility. Keep your PIN secret and memorize it. Do not give anyone information regarding your Card or PIN over the telephone. When using an a walk-up ATM, place your body in a position so that you will prevent others from observing your PIN when entered. Never enter When using a drive-up ATM, keep your PIN in any terminal that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious mannercar doors locked and the engine running. At any ATM or night deposit facility, keep a lookout for any suspicious activity near the facility and assure yourself that the facility and all approaches to the facility are well lighted. Conceal cash received from an ATM to the best of your ability and count it after you have left the ATM. If anyone offers assistance while you are operating an ATM, do not accept it. If you have begun a transaction, consider canceling the transaction and leaving the ATM location. If your Card is lost or stolen, follow the procedures set forth in these disclosures. Finally, compare your receipts against the Account statements you receive and notify us immediately if you suspect that an error or unauthorized transaction has occurred. Binding Arbitration and Class Action Waiver RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING FUNDS AVAILABILITY POLICY YOUR ACCOUNTS AND ALL RELATED SERVICESABILITY TO WITHDRAW FUNDS at Allied Federal Credit Union The following Funds Availability Policy applies a l l All i ed Federal Credit Union Accounts. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATIONHowever, in some cases, we may delay the availability of funds deposited into a non-transaction Account for longer periods than described below. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING“non-transaction” Account includes any Account other than a Checking Account. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT. Agreement to Arbitrate Disputes. Either You or We may elect, without If you have a question about when the other’s consent, to require that any dispute between us concerning Your Accounts and the services related funds from a deposit made to your Accounts Account will be resolved available for withdrawal, please ask us. Our policy is to make funds from your cash, check, and electronic deposits available to you on the same day we receive your deposit. At that time, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. Longer Delays May Apply In some cases, we will not make all of the funds that you deposit by binding arbitrationcheck available to you until the second business day after the day or your deposit. The first $225 of your deposit, however, will be available on the same day we receive your deposit. For determining the availability of a deposit subject to a hold hereunder, every day is a business day, except for those disputes specifically excluded below. This arbitration agreement is entered into pursuant to the Federal Arbitration ActSaturdays, 9 U.S.C. §§ 1 – 16 (the “FAA”). Disputes Covered by Arbitration. Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit boxSundays, and any related service with us federal holidays. If you make a deposit before closing on a business day that we are subject open, we will consider that day to arbitrationbe the day of your deposit. Any claims However, if you make a deposit after closing or disputes arising on a day we are not open, we will consider that the deposit was made on the next business day we are open. If we are not going to make all of the funds from or relating your deposit available on the same business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to this agreement, any prior account agreement between usone of our employees, or if we decide to take this action after you have left the advertisingpremises, we will mail you the application fornotice by the day after we receive your deposit. If you will need the funds from a deposit right away, or you should ask us when the approval or establishment of funds will be available. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: We believe a check you deposit will not be paid. You deposit checks totaling more than $5,525 on any one day. You redeposit a check that has been returned unpaid. You have overdrawn your account are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose repeatedly in the pastlast six months. There is an emergency, may currently exist such as a failure of computer or may arise in the futurecommunications equipment. Disputes also include claims or disputes relating We will notify you if we delay your ability to the enforceability, validity, scope or interpretation of withdraw funds for any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you reasons, and we have will tell you when the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: 0000 X-00 Xxxx Xxxxxxxx, Xx. 00000 Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration funds will be conducted in accordance with available. They will generally be available no later than the AAA Consumer Due Process Protocol in concert with seventh business day after the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Proceduresday of your deposit. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreementyou have any questions, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling be sure to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties, or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contraryask us.
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Samples: Membership and Account Agreement
