Prompt Review of Account Statements. You must promptly review statements and any accompanying items. Notify us in writing of any dispute or difference of account for any reason, including but not limited to, any improper or unauthorized charges or calculations, unauthorized debit, any unauthorized signature, lack of signature, alteration, errors or other disputed matters including fees or charges that have been assessed to your account(s). You must promptly report to us any encoding error on any item posted to your deposit account. You must report any account dispute or difference promptly, and when not involving an electronic funds transfer as defined in Section V of this Agreement (“EFT”), no later than 30 days after your statement and items were received or otherwise made available to you. You will be deemed to have received your statement five (5) business days after its date, absent proof of an earlier or later actual delivery date. Failure to report account disputes or differences not involving an EFT within 30 days shall preclude you from recovering any amounts from us and may impact your right to make a claim against us under Section I.G of this Agreement. For disputes or differences involving EFTs, see Section V of this Agreement. By law, we may be relieved of any potential liability for multiple unauthorized signatures or alterations by the same wrongdoer if you do not notify us in writing within 30 days after your statement containing the first such unauthorized signatures or alterations was received or otherwise made available to you. In no case shall we be liable if items were counterfeited, forged or altered so that a reasonable person could not detect the fraud, including unauthorized use of a facsimile, electronic or imaged signature mark or symbol. No legal proceeding or action, including arbitration, shall be brought by you against us to recover any amount alleged to have been improperly paid out of the account due to any dispute, difference, unauthorized signature, alteration, error or other defect, including any fees or charges assessed to your accounts(s) for any reason, unless (i) you have given the written notice provided above, and (ii) such action shall have been commenced within one (1) year after the date the statement giving rise to any claims was received or made available to you.
