Conflicting Demands/Disputes. If (i) there is any uncertainty regarding the ownership of an account or its funds, (ii) there are conflicting demands over its ownership or control, (iii) we are unable to determine any person’s authority to give us instructions regarding the account, (iv) we are requested by Adult Protective Services, law enforcement, or any similar state or local agency to freeze the account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or (v) we believe a transaction may be fraudulent or may violate any law, we may at our sole discretion: (1) freeze the account and refuse transactions until we receive written proof, in form and substance satisfactory to us, of each person’s right and authority over the account and its funds; (2) require the signatures of all of you for the withdrawal of funds, the closing of an account, or any change in the account regardless of the number of authorized signers on the account; (3) request instructions from a court of competent jurisdiction at your expense regarding the ownership or control of the account; (4) continue to honor items and other instructions given to us by the individuals who appear as authorized signers according to our records; and/or (5) require a bond indemnifying us from any and all loss, liability, damages, costs and expenses for and on account of the payment of an adverse claim, dishonor of an item or the execution of any other order by any adverse claimant or you. In no event will we be liable for any delay or refusal to follow instructions that occurs as a result of a dispute or uncertainty over the ownership or control of your account. We may return checks and other items, marked “Refer to Maker” (or similar language), in the event there is a dispute or uncertainty over an account’s ownership or control. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction. Consent to Gather Information. Each of you authorizes us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties.
Appears in 2 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement
Conflicting Demands/Disputes. If there is a conflict among your officers, Contracting Officers, Authorized Signers or other persons purporting to have rights to represent you or to sign on an account, we reserve the right (ibut are not obligated to) require all such persons to sign a check or approve an instruction or otherwise agree upon and provide consistent instructions. In addition, if there is any uncertainty regarding the ownership or control of an account or its funds, (ii) there are conflicting demands over its ownership or control, (iii) there is a conflict among signers, we are unable to determine any person’s authority to give us instructions regarding the accountinstructions, (iv) we are requested by Adult Protective Servicesa federal, law enforcement, or any similar state or local agency to freeze the account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or (v) we believe a transaction may be fraudulent or may fraudulent, violate any lawlaw or pose an unacceptable risk to us, we may are authorized, at our sole discretion, to freeze your funds and to do some or all of the following at our sole discretion: (1i) freeze the account and refuse transactions until we receive written proof, proof (in form and substance satisfactory to us, ) of each a person’s right and authority over the account and its funds; (2ii) refuse deposits or withdrawals or other instructions and transactions and to return checks with the notation “Refer to Maker” (or similar language); (iii) require the signatures of all of you Contracting Officers, Authorized Signers or other signers on the account for the withdrawal of funds, the closing of an account, account or any change in the account regardless of the number of authorized signers persons on the account; (3iv) freeze your funds and request instructions from a court of competent jurisdiction at your expense regarding the ownership account or control of the accounttransaction; (4v) bring an action in interpleader for a court to determine ownership of disputed funds without liability to you for damages, even if the interpleader action is refused as unavailable, and charge the account for our interpleader costs and fees (including attorneys’ fees); and/or (vi) continue to honor items checks, Orders and other instructions given to us by the individuals persons who appear as to be authorized signers to transact on the accounts on your behalf according to our records; and/or (5) require a bond indemnifying us from any and all loss, liability, damages, costs and expenses for and on account of the payment of an adverse claim, dishonor of an item or the execution of any other order by any adverse claimant or you. In no event will we be liable for any delay or refusal to follow instructions that occurs as a result of a dispute or uncertainty over the ownership or control of your account. We may return checks and other items, marked “Refer to Maker” (or similar language), in the event there is a dispute or uncertainty over an account’s ownership or control. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction. Consent You assume all liability for, and you agree to Gather Information. Each indemnify, defend and hold us harmless from any and all proceedings, losses, damages, liabilities, claims, demands, costs or expenses (including attorneys’ fees and costs) incurred by us as a result of you authorizes us any instructions or transactions authorized by any person shown in our records as being authorized to obtain information from time to time regarding your credit history from credit reporting agencies and other third partiestransact on the account.
Appears in 2 contracts
Samples: Deposit Agreement, Deposit Agreement
Conflicting Demands/Disputes. If (i) there is any uncertainty regarding the ownership of an account Account or its funds, (ii) there are conflicting demands over its ownership or control, (iii) we Stash or the Bank are unable to determine any person’s authority to give us instructions regarding instructions, Stash or the account, (iv) we Bank are requested by Adult Protective Services, law enforcement, Services or any similar state or local agency to freeze restrict the account Account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or (v) we either Stash or the Bank believe a transaction may be fraudulent or may violate any law, we may may, at our sole discretion: (1i) freeze restrict the account Account and refuse transactions until we receive written proof, proof is obtained (satisfactory in form and substance satisfactory to us, substance) of each person’s right and authority over the account Account and its funds; (2ii) refuse transactions; (iii) require the signatures of all of you the authorized signer for the withdrawal of funds, the closing of an accountAccount, or any change in the account regardless of the number of authorized signers on the accountAccount ; (3iv) request instructions from a court of competent jurisdiction at your expense regarding the ownership Account or control of the accounttransaction; and/or (4v) continue to honor items transactions and other instructions given to us provided by the individuals person who appear appears as the authorized signers signer according to our Account records; and/or (5) require a bond indemnifying us from any and all loss, liability, damages, costs and expenses for and on account of the payment of an adverse claim, dishonor of an item or the execution of any other order by any adverse claimant or you. In no event will we be liable for any delay or refusal to follow instructions that occurs as a result of a dispute or uncertainty over the ownership or control of your account. We may return checks and other items, marked “Refer to Maker” (or similar language), in the event there is a dispute or uncertainty over an account’s ownership or control. The existence of the rights set forth above shall not impose an obligation on us either Stash or the Bank to assert such rights or to deny a transaction. Consent to Gather InformationYou will be issued a Stash Stock-Back® Debit Mastercard® by Stride Bank when you fund your Account with a minimum amount of one dollar. Each of With your PIN, you authorizes us may use your debit card to obtain information cash from time your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard, Allpoint®, or Pulse® Acceptance Marks. All ATM transactions are treated as cash withdrawal transactions. You may also use your card to time regarding your credit history from credit reporting agencies purchase goods and other third partiesservices anywhere Mastercard debit cards are accepted.
Appears in 1 contract
Samples: Deposit Account Agreement