Examining Statements and Reporting Problems Sample Clauses

Examining Statements and Reporting Problems. This section applies to any problem, fee, or unauthorized transaction on your Account, except electronic transactions, which are covered in the Electronic Funds Transfers section. You agree to review, promptly and carefully, your Account statement and any accompanying Items. In the event that you discover the existence of unauthorized signatures, alterations, other unauthorized transactions, or missing deposits, or any fee, charge, or other transaction that you dispute, you agree to notify us immediately and in writing of such dispute or error within a reasonable time period, which will be no longer than thirty (30) calendar days after we send or make available to you your Account statement. If you fail to notify us of an unauthorized signature, alteration, missing deposit, forgery, counterfeit check or other unauthorized debit to your Account, we will not be responsible for subsequent unauthorized transactions by the same wrongdoer if we act in good faith. Without regard to care or lack of care by either you or us, if you do not discover and report an unauthorized signature, alteration, forgery, counterfeit check or other unauthorized debit to your Account within sixty (60) days after the date of your statement or the date on which information about the Item or transaction is made available to you, whichever is earlier, you are precluded from asserting the unauthorized transaction against us. For Substitute Checks, you must notify us within forty (40) days to qualify for an expedited credit (see section titled Substitute Checks and Your Rights). If you claim a credit or refund because of an unauthorized transaction, we will require written confirmation of your claim, including an affidavit signed by you on a form acceptable to us. You also agree to make a report to the police and to provide us with the copy of the report upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your Account.
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Examining Statements and Reporting Problems. You agree to promptly and carefully review your account statement. You must report problems or unauthorized transactions to USB immediately. You agree that 60 days after USB sends a statement is the maximum reasonable amount of time for you to review your statement and report any problem or unauthorized transaction related to a matter shown on the statement. Except as provided by law with respect to electronic funds transfers, if you do not notify USB of suspected problems or unauthorized transactions within 60 days after USB sends your statement or makes items available, you agree that you cannot make a claim against USB relating to the unreported problems or unauthorized transactions, regardless of the care or lack of care USB may have exercised in handling your account. In addition, if you fail to report an unauthorized transaction on your account within 60 days following the closing date of the statement containing information about the first unauthorized transaction, USB is not liable to you for subsequent unauthorized transactions on your account by the same person. If there are any unauthorized transactions on your account (such as missing, stolen, or unauthorized checks), USB may require you to close your current account and open a new one. If you do not do so, USB is not liable to you for subsequent losses or damages on the account due to forgery, fraud, or other unauthorized use. When you open a new account, you are responsible for notifying any third parties that need to know your new account number. If you report to USB that a forgery, alteration, or other unauthorized transaction has occurred on your account, you agree to cooperate with USB in the investigation and prosecution of your claim and any attempt to recover funds. You agree to provide USB with an affidavit containing the information USB requires concerning the transaction. USB may deny your claim if you fail to provide USB with any affidavit it requires. You also agree to assist USB in identifying and prosecuting the suspected wrongdoer(s). You agree that USB has a reasonable period of time to investigate the facts and circumstances surrounding any claimed loss and that USB has no obligation to provisionally credit your account, unless otherwise required by law. USB’s maximum liability is the lesser of your actual damages proved or the amount of the missing deposit or the forgery, alteration, or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could ...
Sample 1

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