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Erebor Terms & Conditions
Erebor Bank, NA
500 Neil Avenue, Suite 140
Columbus, OH 43215
614-233-1797
Contents
Important Information About Procedures for Opening a New Account
Agreement
Your Deposit Account Relationship
Liability
Deposits
Withdrawals
Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF) Fees
Stop Payments
Telephone Transfers
Amendments and Termination
Correction of Clerical Errors
Notices
Statements
Account Transfer
Reimbursement of Federal Benefit Payments
Temporary Agreement
Setoff
Pledges
Power of Attorney
FDIC Insurance
Unclaimed Property
Death or Incompetence
Fiduciary Accounts
Cash Transaction Reporting
Backup Withholding/TIN Certification
Credit Verification
Legal Actions Affecting Your Account
Account Security
Instructions From You
Monitoring and Recording Telephone Calls and Account Communications
Claim of Loss
Early Withdrawal Penalties (and involuntary withdrawals)
Changes in Name and Contact Information
Resolving Account Disputes
Waiver of Notices
Unlawful Internet Gambling Notice
Funds Transfers
Dispute Resolution; Mandatory Binding Arbitration; Jury and Class Waiver; Opt-Out Right; Limitation on Claims and Damages
International ACH Transactions
Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and maintain information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that allows us to identify you. We may also ask you to upload, transmit, or otherwise provide images or information from your driver's license or other identifying documents electronically or by another method we specify. We may use this information to verify your identity, to maintain accurate records, and to comply with applicable laws and regulations.
Agreement
This document, together with any other documents we provide to you relating to your account(s), constitutes the agreement between you and us and establishes the rules that govern your account(s). Please read it carefully and retain it for future reference. If you open an account (whether electronically or by any other method we permit) or continue to use your account after receiving notice of a change or amendment, you agree to be bound by this agreement and any updates. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this agreement. If you have any questions, please contact us.
This agreement and all disputes arising from or related to your account or this Agreement shall be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles and by applicable federal law, including the Federal Arbitration Act. Erebor Bank, N.A. is located in Ohio and that is where your account was opened and is maintained. We operate exclusively through online channels and do not maintain branch offices. Applicable rules include, as relevant, the Federal Reserve Operating Circulars and the Nacha Operating Rules. The body of state and federal law that governs our relationship with you is extensive; this agreement is not intended to reproduce it in full. Its purposes are to:
Summarize certain laws that apply to common transactions;
Establish rules for transactions or events not specifically governed by law;
Establish rules for transactions or events that the law allows to be varied by agreement; and
Provide you with disclosures of some of our policies and practices.
If any provision of this agreement is determined to be unenforceable, the remaining provisions will continue in full force and effect. We may permit variations from our standard agreement only if we agree to them in writing, either through electronic consent at account opening or through another document we provide. Nothing in this agreement alters our obligation to act in good faith and with ordinary care when required by law.
As used in this agreement, the words "we," "our," and "us" refer to the financial institution, and "you" and "your" refer to the account holder(s) and any person authorized to deposit, withdraw, or otherwise exercise control over the account. This agreement does not expand an individual's liability for obligations of an organization account holder. For accounts owned by corporations, partnerships, or other entities, individual liability will be determined under laws generally applicable to that type of organization.
If you have executed a Stablecoin Custody Account Agreement, the following terms apply: An "incoming Stablecoin Conversion" refers to a process governed by the Stablecoin Custody Agreement in which ownership of stablecoins from your Stablecoin Custody Wallet are transferred to the Bank and an equivalent amount of U.S. dollars is credited to your Deposit Account. An "outgoing Stablecoin Conversion" refers to a process governed by the Stablecoin Custody Agreement in which fiat is debited from your Deposit account and an equivalent amount of stablecoins is transmitted by the Bank to a blockchain address that you specify. All Stablecoin Conversions are subject to compliance reviews, fraud-prevention controls, sanctions screening, and any other verification or operational requirements described in the Stablecoin Custody Account Agreement.
You understand and agree that you may elect, or that you may be required, to participate in one or more deposit placement programs through one or more of your accounts that may be offered by the Bank from time-to-time, in its sole discretion. Deposit placement programs are programs through which the Bank may, as your agent and custodian, place some or all of the funds in your accounts into an account at another depository institution or credit union. Participating in such programs may affect your FDIC insurance coverage. Certain conditions must be satisfied for pass-through deposit insurance coverage to apply. You understand and agree that you will be required to enter into a separate custodial and agency agreement (Deposit Program Custodial Agreement) with the Bank for each deposit placement program offered by the Bank in which you participate. The terms of the Deposit Program Custodial Agreement(s) supplement this Agreement; in the event of any conflict between the Deposit Program Custodial Agreement(s) and this Agreement, the terms of the Deposit Program Custodial Agreement(s) shall govern. If you refuse to enter into a required Deposit Program Custodial Agreement, then you understand and agree that your account may be closed.
Headings are for reference only and do not affect interpretation. Unless otherwise indicated, words in the singular include the plural, and words in the plural include the singular.
Your Deposit Account Relationship
For any Deposit Account Relationship ("account relationship") you may establish with us, the following rules apply.
You may open and maintain one or more than one account under the account relationship. The account relationship can be terminated by you only if all accounts and services under the account relationship have been discontinued and no other accounts or services are opened under it.
You agree that all accounts under an account relationship will always be held under the same ownership, as specified in the Deposit Account Relationship Agreement. A separate account relationship must be created for any accounts having different ownership.
For account relationships owned by individuals, you agree that any beneficiary or non-owner signer designations made on the Deposit Account Relationship Agreement or any amendment to it will apply equally to all accounts under the relationship unless otherwise specified in the agreement and amendments and agreed to by us. We may, at our discretion, require you to establish a separate relationship in order to accommodate varying designations on accounts.
Liability
You agree, for yourself and for any person or entity you represent (if you sign or act as a representative), to the terms of this agreement and the applicable schedule of charges. You authorize us to deduct all charges and fees, without prior notice, directly from your account as they accrue. You also agree to pay any additional reasonable charges for services you request that are not covered by this agreement or the published schedule of charges. Each of you agrees to be jointly and severally liable (that is, individually and together) for any account shortage resulting from fees, charges, withdrawals, or overdrafts — whether caused by you, an authorized user, or another person with access to your account.
This liability is immediately due and payable, and we may deduct amounts deposited into the account and apply them to the shortage. You may not defer payment of this obligation, and you remain liable even if you did not sign the item or personally benefit from the transaction.
You agree to reimburse us for our costs and reasonable attorneys' fees, to the extent permitted by law, arising out of any collection efforts or any dispute involving your account. This includes, but is not limited to, disputes between: you and another joint owner; you and an authorized signer or similar party; or you and any third party claiming an interest in the account. If any such action causes us, in good faith, to seek the advice of an attorney — whether or not we become involved in the dispute — you agree to reimburse us for those costs and fees. We may deduct such costs and attorneys' fees from your account without further notice when they are incurred, to the extent allowed by law.
Deposits
We will give only provisional credit until collection is final for any electronic transfers or other deposits we receive for your account. We do not accept deposits made by cash, check, or other paper instruments. We may reverse any provisional credit for transactions that are returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account which was initially paid by the payor bank and which is later returned to us due to an encoding error or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold a transaction beyond the midnight deadline. We will treat and record all transactions received on a day we are not open for business as if they were initiated on the next business day. For purposes of this Agreement, a "business day" means any day other than a Saturday, Sunday, or federal holiday, when the Federal Reserve Banks are open for processing payments. However, certain electronic payment services operate continuously, including weekends and holidays. Transactions made through those continuous services may post to your account at any time, even when a business day has not begun or has ended and may affect your available balance immediately.
Withdrawals
Important Terms for Accounts Where More Than One Person Can Withdraw — Unless clearly indicated otherwise on the account records, any of you, acting alone, who are authorized to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written or electronic notice to the contrary) authorizes every other authorized person to transfer funds, initiate electronic payments, or otherwise access and manage the account in accordance with this Agreement. The Bank does not issue checks, accept paper items for deposit, or handle cash or in-person withdrawals.
Notice of Withdrawal — We reserve the right to require not less than 7 days' notice electronically or in writing before each withdrawal from an interest-bearing account, other than a time deposit or demand deposit, or from any other savings deposit as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your separately provided notice of penalty for early withdrawal.
Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF) Fees
Generally — This information is provided to help you understand what happens if a transaction is presented for payment when your account does not have sufficient available balance. We generally do not authorize and pay items that would overdraw your account's available balance. If there are not sufficient funds to cover a transaction, we will generally decline or return the transaction unpaid. This applies to all transaction types including wire transfers, ACH payments, internal transfers, outgoing Stablecoin Conversions, bill payments, or other electronic transactions.
The Bank does not assess overdraft fees and no nonsufficient funds (NSF) fees are charged by the Bank for declining or returning a transaction unpaid. However, if a negative balance occurs in your account, including but not limited to due to a posting error, adjustment, or other exception item, you agree to promptly restore your account to a positive balance upon our notice. We may use subsequent deposits, including electronic deposits, to correct any inadvertent negative balance.
Please be aware that an item may be presented multiple times by the merchant or other payee until it is paid, and that we do not monitor or control the number of times an item is presented for payment or the various methods by which a merchant or payee may present (or re-present) a transaction to us for payment (for example, in different formats or split into multiple transactions). The Bank does not charge overdraft or NSF fees, however, please be aware that you may be charged fees by the merchant or other payee if your transaction is declined or returned for nonsufficient funds. Please also be aware that you remain responsible for resolving any unpaid transactions directly with the merchant or other payee.
Understanding how your available balance works can help you avoid declined or returned transactions. Please remember that you are responsible for providing that sufficient funds are available in your account before you initiate a transfer, payment, or other withdrawal.
Payment Types — You may access the funds in your account only by electronic payments initiated through our online banking platform, Automated Clearing House (ACH) transactions, internal transfers between accounts you maintain with us, outgoing domestic wire transfers, and Stablecoin Conversions.
These payment types use different processing systems and may post at different times. ACH transactions generally settle on the next business day after initiation, while wire transfers and internal transfers typically post sooner. If you have executed a Stablecoin Custody Agreement, for incoming Stablecoin Conversions, funds in your deposit account resulting from the Stablecoin Conversion will be available on the calendar day of the on-chain transfer of stablecoins from your Custody Account to the Bank's designated account.
For details regarding wire-transfer procedures and cutoff times, see the Funds Transfers section. This information is important for a number of reasons. For example, keeping track of the timing of the preauthorized payments you set up will help you to know what other transactions might still post against your account. You are responsible for ensuring that sufficient funds are available at the time each transaction is presented for payment, regardless of the timing of settlement or posting.
Balance Information — Keeping track of your balance is important. You can review your balance in a number of ways including reviewing your periodic statement or reviewing your balance online. Your periodic statements are made available electronically. Balances shown reflect your actual (ledger) balance at that time and may not include pending or provisional transactions.
Funds Availability — Knowing when funds you deposit will be made available for withdrawal is important for managing your account balance. For ACH credits, wire transfers, and other electronic deposits, funds are generally available on the business day we receive the transfer; however, specific availability times may vary depending on the payment network, processing schedules, or risk controls. Please see our funds availability disclosure (generally titled, "Your Ability to Withdraw Funds") for information on when different types of deposits will be made available for withdrawal.
An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
Determining Your Account Balance — We use your available balance at the time of transaction authorization (or at transaction settlement if there was no authorization request for a transaction) to determine whether your account is overdrawn (that is, whether there is enough money in the account to pay for an item) and for purposes of determining whether a transaction should be declined or returned unpaid.
Importantly, your "available" balance may not be the same as your account's "actual" or "ledger" balance. This means an overdraft or an NSF transaction could occur regardless of your account's actual balance. Your available balance takes transactions (such as ACH credit transactions) that have been authorized, but not yet settled (i.e., preauthorized holds), and adds or subtracts them from the actual or ledger balance. When calculating your available balance, any "holds" placed on deposits or transactions that have not yet cleared are also reflected. Holds may apply to electronic credits or other deposits including while we verify receipt, confirm the source of funds, or complete fraud-prevention or compliance reviews. These holds reduce your available balance until the funds become available for use.
In contrast, your account's actual balance only includes transactions that have settled up to that point in time, that is, transactions (deposits and payments) that have posted to your account. The actual balance does not include outstanding transactions (such as ACH debits or online transfers). The balance on your periodic statement is the actual or ledger balance for your account as of the statement date.
Stop Payments
Rules for stopping or canceling a transfer of funds, such as consumer electronic fund transfers initiated through our online banking system, are established by law (including Regulation E) and by our internal policies. Because we do not issue checks, cashier's checks, or other paper instruments, stop-payment requests apply only to eligible electronic fund transfers and scheduled ACH transactions. You may request a stop or cancellation by contacting us electronically or in writing within the time limits permitted by law. A stop-payment order must provide sufficient information for us to identify the transaction, and it will remain effective for the period required under applicable law. Additional details about your rights and responsibilities for electronic fund transfers are provided in our Electronic Fund Transfer Disclosure.
Telephone Transfers
We do not process fund transfers or withdrawals by telephone voice instruction. Transfers between accounts must be initiated through our online banking system or other electronic channels we make available. If we later make telephone transfer functionality available, such transfers will only be permitted when properly authenticated and recorded and will be subject to any limits and security procedures we disclose at that time.
Amendments and Termination
We may amend or delete any term of this Agreement. We may also add new terms to this Agreement. In addition, we may suspend, modify, convert, or terminate a service; convert this account to another account type; or close this account for any reason permitted by law.
We will give you reasonable notice of any change, generally meaning no less than 30 calendar days before the effective date of the change, unless a shorter period is necessary for security, risk, or regulatory reasons. Notice will be provided electronically through secure message, email, posting within our online banking platform, or with your periodic statement as made available electronically. If we close the account, we will return any remaining balance to you electronically to a linked account or by another agreed-upon method.
Reasonable notice depends on the circumstances, and in some cases – such as when we cannot verify your identity or we suspect fraud – it may be reasonable for us to give you notice after the change becomes effective. For example, if we suspect fraudulent activity with respect to your account, and if we deem it appropriate under the circumstances and necessary to prevent further fraud, we may immediately freeze or close your account and then provide notice. Unless otherwise indicated in the notice of change, if we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new or modified terms. You should review any change in terms notice carefully as the notice will provide important information of which you may need to be aware. We reserve the right to waive any term of this agreement. However, such waiver shall not affect our right to enforce the term at a later date.
If you request that we close your account, you are responsible for ensuring enough funds remain to cover any pending or scheduled electronic transfers. Once those transactions settle, we will close the account and return any remaining balance to you electronically or by another agreed-upon method.
Any transactions presented after account closure may be rejected, and any incoming transfers or deposits may be returned. We are not liable for losses or damages arising from refusing such transactions after the account has been closed.
Note: Rules governing changes in dividend (or interest) rates are provided separately in the Truth-in-Savings disclosure or in another document. In addition, for changes governed by a specific law or regulation, we will follow the specific timing and format notice requirements of those laws or regulations.
Correction of Clerical Errors
Unless otherwise prohibited by law, you agree that we may correct clerical or administrative errors in our records if, in our reasonable discretion, a correction is necessary to accurately reflect your account terms or transactions. This may include fixing data-entry mistakes, typographical errors, or incomplete electronic records. We will document any correction and make the updated version available to you electronically. For any errors appearing on your periodic statement, please refer to the "Statements" section of this Agreement.
Notices
Any notice you send to us is effective when we actually receive it and must be provided according to the delivery instructions or secure electronic communication methods we specify. We must receive your notice in time to allow a reasonable opportunity to act on it. Notices we send to you will be delivered electronically, including by secure message, email, in-app or online notification, or any other electronic method you have agreed to receive. A notice sent electronically is considered delivered when it is transmitted to your email address of record or posted to your online banking account. We may also send notices by mail when required by law or when electronic delivery is unavailable. Notice to any one account owner or authorized user is considered notice to all owners and users of the account.
Statements
Your Duty to Review Statements and Report Unauthorized or Erroneous Transactions — You must review each periodic statement and transaction history made available to you with reasonable promptness after it is delivered electronically. If you discover (or reasonably should have discovered) any unauthorized electronic transfers, errors, or other irregularities, you must promptly notify us.
If you fail to review your statement or notify us within the required time, you may be responsible for losses that could have been prevented by timely notice. This may include subsequent unauthorized or erroneous transactions caused by the same source. Liability will be determined in accordance with applicable law, including UCC Article 4A for commercial or wire transactions.
You agree that the time you have to examine your statement and report any issues will depend on the circumstances, but will not exceed 30 days from the date the statement is first made available to you electronically. If you fail to notify us of an unauthorized or erroneous transaction within 30 days after we first make your statement available, you may not assert a claim for further losses, and as between you and us, the loss will be yours to the extent permitted by law. This limitation applies regardless of whether we exercised ordinary care.
Your Duty to Report Other Errors or Problems — In addition to your duty to review your statements for unauthorized or erroneous transactions, you agree to examine your statements and account activity with reasonable promptness for any other errors or problems – including, but not limited to, an encoding error, incorrect transaction amount, unexpected deposit amount, duplicate posting, unauthorized withdrawal or transfer of funds, or improper fee or charge.
You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 30 days, and failure to review your statement and report any such errors or problems to us within 30 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors or problems on items identified on that statement, and as between you and us, the loss will be yours to the extent permitted by law.
Duty to Notify if Statement Not Available — You agree to promptly notify us if your electronic statement is not available or accessible by the date you normally expect it. A missing or inaccessible statement may indicate possible fraud or identity theft. Unless the delay is caused by our lack of ordinary care, a failure to access your statement in a timely manner does not extend the time you have to review or report errors under this Agreement.
Account Transfer
This account may not be transferred or assigned without our prior written consent.
Reimbursement of Federal Benefit Payments
If we are required, for any reason, to reimburse the federal government for all or any portion of a federal benefit payment (including Social Security, Supplemental Security Income, or other federal payments) that was deposited to your account, you authorize us to deduct the reimbursed amount from this account or any other account you maintain with us, without prior notice and at any time, to the extent permitted by law. We may also pursue any other lawful means of recovery. We will not debit funds protected under federal law, including those exempt from reclamation or garnishment.
Temporary Agreement
If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
Setoff
We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. This includes debts arising from loans, overdrafts, or other obligations you have with us. If your debt arises from a promissory note or credit agreement, then the amount subject to setoff includes the accelerated balance and any lawful interest or fees due at the time of setoff.
Our right of setoff does not apply where prohibited by law. For example, we may not set off funds if:
the account is an Individual Retirement Account or other tax-deferred account;
the debt arises from a consumer credit transaction under a credit card plan (this does not limit our rights under any consensual security agreement);
the debtor's right of withdrawal exists only in a fiduciary or representative capacity; or
the funds are federally protected benefit payments under applicable law (including 31 C.F.R. Part 212).
You agree to hold us harmless from any claim or loss arising from our lawful exercise of the right of setoff.
Pledges
Any owner of this account may pledge all or any part of the funds in the account as security for any obligation, subject to our prior written consent and any applicable law or regulation. A pledge or security interest in this account will take priority and must be satisfied before the rights of any surviving account owner or account beneficiary become effective. We are not required to determine whether all owners have consented to a pledge made by one owner unless otherwise required by law.
Power of Attorney
You may wish to appoint an agent to conduct transactions on your behalf. (We, however, have no duty or agreement whatsoever to monitor or insure that the acts of the agent are for your benefit.) This may be done by allowing your agent to sign in that capacity on the Signature Card or by separate form, such as a power of attorney. A power of attorney continues until your death or the death of the person given the power. If the power of attorney is not durable, it is revoked when you become incompetent. We may continue to honor the transactions of the agent until: (a) we have received written notice or have actual knowledge of the termination of the authority or the death of an owner, and (b) we have had a reasonable opportunity to act on that notice or knowledge. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid power of attorney.
FDIC Insurance
Funds in your deposit account(s) with us are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the full faith and credit of the United States Government. The standard insurance amount is up to $250,000 per depositor, per insured bank, for each ownership category. The amount of insurance coverage you have depends on the ownership category of your deposits as defined by FDIC regulations. Ownership categories include, for example, individual accounts, joint accounts, pay-on-death (POD) or revocable trust accounts, and certain self-directed retirement accounts (such as IRAs). Deposit-insurance coverage for self-directed retirement accounts is separate from coverage for non-retirement accounts. If you hold more than one account in the same ownership category at Erebor Bank, the balances are combined for purposes of determining insurance coverage.
For detailed information or to estimate your coverage, you may contact us or visit the FDIC's official website at www.fdic.gov and select "Deposit Insurance." The site includes the FDIC's Deposit Insurance Estimator (EDIE) and additional contact information. As required by federal law, the official FDIC sign is displayed on our website and online banking platform where deposits are received. All deposits accepted through our online banking channels are FDIC insured to the maximum extent permitted by law.
Member FDIC.
If you have a Stablecoin Custody Account, Stablecoins in your custody account are not deposits and are not FDIC-insured. Consult your Stablecoin Custody Agreement for additional information.
Unclaimed Property
The law establishes procedures under which unclaimed property must be surrendered to the state. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years. Ask us if you want further information about the period of time or type of activity that will prevent your account from being unclaimed. If your funds are surrendered to the state, you may be able to reclaim them, but your claim must be presented to the state. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
Death or Incompetence
You agree to notify us promptly if any account owner or authorized user dies or is declared legally incompetent by a court or other appropriate authority. We may continue to process transactions and instructions (including scheduled or recurring electronic payments) until: (a) we have actual knowledge of the death or legal determination of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. We may place a temporary hold or restrict access to the account once we receive such notice while we determine ownership, authority, or the validity of any representative's authority, consistent with applicable law. We may require appropriate legal documentation, such as letters of appointment or other court-issued authorization, before releasing funds or permitting further transactions.
Fiduciary Accounts
Accounts may be opened electronically by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
Cash Transaction Reporting
While we do not accept or disburse physical cash or handle in-person transactions, we are required to monitor and report suspicious patterns of electronic activity that may indicate money laundering, structuring, fraud, or other illegal conduct, in accordance with the Bank Secrecy Act (BSA) and FinCEN regulations. This includes monitoring unusual or suspicious electronic deposits, withdrawals, or transfers, regardless of the source or destination of funds. If you do not provide information we reasonably request to comply with these requirements, we may refuse or delay processing the transaction.
Backup Withholding/TIN Certification
Federal tax law requires us to report interest payments we make to you of $10 or more in a year, and to include your taxpayer identification number (TIN) on the report (the taxpayer identification number is your social security number if you are an individual). Interest includes dividends, interest and bonus payments for purposes of this rule. Therefore, we require you to provide us with your TIN and to certify that it is correct. In some circumstances, federal law requires us to withhold and pay to the IRS a percentage of the interest that is earned on funds in your accounts. This is known as backup withholding. We will not have to withhold interest payments when you open your account if you certify your TIN and certify that you are not subject to backup withholding due to underreporting of interest. (There are special rules if you do not have a TIN but have applied for one, if you are a foreign person, or if you are exempt from the reporting requirements.) We may subsequently be required to begin backup withholding if the IRS informs us that you supplied an incorrect TIN or that you underreported your interest income.
Credit Verification
You agree that we may obtain and use information about you, including credit and employment history, for purposes of verifying your identity, evaluating your account application, and managing your relationship with us. This may include obtaining consumer reports from credit reporting agencies and other sources permitted by law. You authorize us to make these inquiries at account opening and at any time hereafter, as allowed by the Fair Credit Reporting Act (FCRA) and applicable law.
Legal Actions Affecting Your Account
If we are served—electronically or otherwise—with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar legal process relating to your account (collectively referred to as "legal action"), we will comply as required by applicable law. Nothing in this Agreement waives any rights you may have under law with respect to such legal action. Subject to applicable law, we may, in our sole discretion, freeze or otherwise restrict the account, refuse withdrawals or transfers, or take other actions we deem appropriate until the matter is resolved or a final court order is received. We may take these actions even if the legal action applies to fewer than all account owners. We are not liable for any resulting unavailability of funds or declined transactions arising from our compliance with a legal action. We may deduct from your account any reasonable fees, costs, or expenses (including attorneys' fees) incurred in responding to a legal action, unless prohibited by law.
Account Security
Your Duty to Protect Account Information and Methods of Access — We will require methods of verifying your identity before providing services or allowing access to your account. We determine what identification methods are reasonable based on the circumstances and delivery channel. Because we do not conduct in-person transactions, all identification and verification will occur electronically or through digital authentication methods, which may include verifying documents, device identifiers, biometric information, or other data sources permitted by law.
It is your responsibility to protect the account numbers, login credentials, and electronic access methods we provide for your account. You must safeguard your username, password, security codes, and any other identifying information used to access your account through our online banking portal, whether accessed from a computer or mobile device web browser.
We use commercially reasonable security procedures, including multi-factor authentication, device recognition, and encrypted communications, to verify your identity and protect your information. Our online banking portal follows standards consistent with guidance issued by the Federal Financial Institutions Examination Council (FFIEC) and other applicable regulatory authorities. You agree to cooperate with these security procedures and to maintain the confidentiality of your authentication credentials at all times.
Do not share your account credentials or numbers with anyone unless you intend to authorize them to access your funds. Your account information may be used by unauthorized persons to initiate electronic transfers or withdrawals without your consent. If you provide your access credentials or authorize another person to access your account and that person exceeds the authority you granted, you are responsible for those transactions until you notify us that their access is no longer authorized. Your account number or credentials may be used to initiate electronic transfers from your account even if you did not contact us directly. You should monitor your account regularly and notify us immediately if you suspect unauthorized activity.
Fraud Prevention Services — You agree that if we offered you commercially reasonable fraud prevention or security procedure services appropriate for your account designed to help identify, limit, or prevent fraud or other unauthorized transactions against your account, and you reject or disable those services, you agree to assume all risk associated with failing to use such services, and, to the fullest extent permitted by law, agree to indemnify, defend, and hold us harmless from any loss, claim, liability damage, or other amounts (including attorneys' fees and costs) arising in any way, directly or indirectly, from your decision to reject such services. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. We offer several such commercially reasonable fraud prevention or security procedure services, including multifactor authentication, device verification, transaction alerts, requesting you to open a new account in the event of fraud, and other commercially reasonable security procedures. If we offered you a commercially reasonable security procedure and you rejected our offer, or you elect not to use it or choose an alternative procedure, you agree that you are responsible for any payment order or item, whether authorized or not, that we accept in compliance with the procedure that you have selected.
Instructions From You
Unless required by law or otherwise agreed in writing, we will only act on instructions or communications submitted through secure electronic channels or methods we have designated for that specific purpose. We are not required to act on instructions sent by facsimile transmission, standard email, voicemail, text message, or phone call to any number or address not expressly approved or authenticated by us. Any instruction received through an unauthorized or insecure channel may be disregarded for your protection.
Monitoring and Recording Telephone Calls and Account Communications
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account, we may need to contact you about your account from time to time by telephone, text messaging, or email. In contacting you about your account, we may use any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us.
You acknowledge that the number we use to contact you may be assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service, or any other service for which you may be charged for the call. You acknowledge that we may contact you by voice, voicemail, or text messaging. You further acknowledge that we may use pre-recorded voice messages, artificial voice messages, or automatic telephone dialing systems.
If necessary, you may change or remove any of the telephone numbers, email addresses, or other methods of contacting you at any time using any reasonable means to notify us.
Claim of Loss
If you assert a loss or request a refund because of unauthorized access, payment order, or other withdrawal, you agree to cooperate fully with our investigation. This may include providing a written or electronic statement or affidavit containing information we reasonably request regarding your account, the transaction, and the surrounding circumstances. You agree to promptly notify law enforcement authorities of any suspected criminal activity related to the claim.
We will have a reasonable period of time to investigate any claim of loss. Unless we act in bad faith or with gross negligence, we will not be liable for indirect, special, or consequential damages, including loss of profits, opportunity, or attorneys' fees. You agree not to waive any rights to recover your loss against any person or entity that is obligated to repay, insure, or otherwise reimburse you. You will pursue those rights or, at our option, assign them to us so we may pursue recovery on your behalf. Our liability will be reduced by any amount you recover or are entitled to recover from such sources.
Early Withdrawal Penalties (and Involuntary Withdrawals)
If you open a time deposit or other account subject to a maturity term, we may impose an early withdrawal penalty when funds are withdrawn before maturity, whether or not the withdrawal is initiated by you. This includes withdrawals resulting from our exercise of setoff rights, a court order, or other legal process. We may close the account and apply the early withdrawal penalty to the full balance if a partial withdrawal occurs before maturity. Details regarding any applicable penalty, calculation method, or exceptions will be provided in your Truth-in-Savings disclosure or other account-specific documentation.
Changes in Name and Contact Information
You are responsible for promptly notifying us of any change in your name, mailing address, email address, phone number, or other contact information used for your account. Unless we specify otherwise, notice of such a change must be made through the secure online or electronic method we provide. We will communicate with you using the most recent contact information you have provided. If your information becomes invalid or undeliverable, we may suspend electronic delivery or take other reasonable steps to locate you.
Resolving Account Disputes
If your account becomes the subject of a dispute or conflicting claim — for example, between joint owners, beneficiaries, or any third party asserting rights to the funds — we may place an administrative hold on some or all of the funds in the account. During the hold, we may refuse withdrawals, payments, or transfers until the dispute is resolved to our satisfaction or by a final court order. If we cannot determine who is entitled to the funds, we may file a legal action asking a court to decide (called an "interpleader"). If we do so, we may deposit the disputed funds with the court and recover our reasonable costs and attorney's fees from those funds as permitted by law. We are not responsible for any losses, returned items, or delays that result from placing a hold or from taking action under this section.
Waiver of Notices
To the extent permitted by law, you waive any notice of nonpayment or dishonor regarding any electronic fund transfers or transactions credited to or charged against your account, except as required by Regulation CC, or other applicable law. For example, if you receive an electronic deposit that is returned unpaid or reversed, we are not required to notify you unless required by federal law. We may, at our discretion, notify you electronically through your online banking account or by other reasonable means.
Unlawful Internet Gambling Notice
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
Funds Transfers
Unless otherwise required by applicable law, such as Regulation J (12 CFR Part 210) or the Operating Circulars of the Federal Reserve Banks, this Agreement is governed by Article 4A of the Uniform Commercial Code (UCC) – Fund Transfers, as adopted in the state in which you maintain your account with us. If you originate a fund transfer and identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and any receiving or beneficiary financial institution may rely on the identifying number to make payment, even if it identifies a different institution, person, or account than the one named.
You agree to be bound by the rules of the National Automated Clearing House Association (NACHA) and any other applicable funds-transfer-system rules. These rules provide, among other things, that payments made to you or originated by you are provisional until final settlement is made through a Federal Reserve Bank or until payment is otherwise made as provided in UCC Article 4A-403(a). If we do not receive final payment, we are entitled to a refund from you in the amount credited to your account, and the originator of such payment will not be considered to have paid the amount so credited.
ACH Entries — You agree that you are in the best position to protect against fraudulent and unauthorized transfers and to detect any such or any other error or discrepancy involving your commercial account or any payment order. You must notify us of any error or discrepancy with respect to any payment order by the next business day from the Settlement Date by our deadline at 12:00 p.m. EST. The Settlement Date is the date on which the payment posted to your account, or any electronic message or confirmation is sent to you pertaining to the payment order. Such notice shall be made by calling 614-233-1797 (Client Support). In the event you fail to notify us within the timeframe set forth herein, you acknowledge and agree that we shall be relieved of any liability in connection with the payment order. In the event you receive an ACH Entry that is unauthorized, you acknowledge and agree that you have until the next business day from the Settlement Date to return it. The Settlement Date is the date on which the ACH Entry posts to your account.
Error Resolution for ACH Entries — In the event you determine that the ACH Entry is unauthorized, we will ask you to provide us with a written statement under penalty of perjury and will return the ACH Entry accordingly. You acknowledge and agree that we must receive your written statement to return such ACH Entry by the next business day from the Settlement Date by our deadline at 12:00 p.m. EST. The Settlement Date is the date on which the ACH Entry posted to your account. Notwithstanding, you acknowledge and agree that you lose your right to return under the NACHA Operating Rules in the event you fail to notify us of your intent to return an unauthorized ACH Entry by the next business day from the Settlement Date by our deadline at 12:00 p.m. EST. Under such circumstances, in accordance with NACHA Operating Rules, we may act on your behalf to request a "permissible return" from the financial institution that sent the ACH Entry, but such institution is not required to comply with our request. You agree to hold us harmless from any loss you incur as a result of the unauthorized ACH Entry that is not returned by the next business day and deadline set forth herein and in accordance with the NACHA Operating Rules.
Wire Transfers and Cutoff Times — Outgoing domestic wire transfers must be initiated through our online banking platform. Wire requests received before 3:00 p.m. Eastern Time on a business day will generally be processed the same day, subject to verification and system availability. Requests received after the cutoff time or on a non-business day will be processed on the next business day. For security reasons, we may require additional verification by secure message or telephone before processing a wire transfer.
Security Procedures — We may use security procedures to verify the authenticity of any fund-transfer request. You agree that the security procedures we establish are commercially reasonable for your account and that a fund transfer verified in accordance with such procedures will be deemed authorized, even if initiated by someone other than you.
Credit entries may be made by ACH, wire, or other electronic funds-transfer systems. If we receive a payment order to credit your account by ACH or wire, we are not required to give you separate notice of the payment order or credit other than by making the information available through your online-banking account or electronic statement.
Dispute Resolution; Mandatory Binding Arbitration; Jury and Class Waiver; Opt-Out Right; Limitation on Claims and Damages
Bank and you agree that any Dispute (as defined below) relating in any way to your account or transactions, or otherwise arising under or related to this agreement, will be resolved by the dispute resolution procedures described below, which includes mandatory binding individual arbitration. YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS SPECIFICALLY DESCRIBED BELOW, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION.
Arbitration Provision — This section is referred to as the Arbitration Provision. By having an account, you agree that if you have a Dispute (as defined below) with Bank (as defined below), and are not able to resolve the Dispute informally, you and Bank agree that any Dispute you have with or against Bank and its employees, directors, agents, representatives and/or Bank's affiliates, service providers and their employees, directors, and agents (all, collectively referred to as "Bank" for the purposes of this Arbitration Provision) in any way arising out of or in any way related to your account, or any feature, product, or service in any way associated with your account, will be resolved by mandatory binding arbitration ("Arbitration") pursuant to this Arbitration Provision. Any Arbitration will be limited to addressing a Dispute (as defined below) individually and will not be part of a class-wide or consolidated arbitration proceeding.
Agreement to Arbitrate — You agree that any Dispute will be resolved by arbitration in accordance with federal law (including the Federal Arbitration Act) and the laws of the State of Ohio.
Arbitration Defined — Arbitration is a means of having an independent third party resolve a Dispute. The term "Dispute" is given its broadest possible meaning and includes, without limitation, all causes of action, claims, controversies, demands, and/or disputes of any kind – including those that arose before the effective date of this agreement or any prior deposit account agreement or that may arise after the termination of this agreement or after your declaration of bankruptcy – based on any legal or equitable theory (tort, contract, or otherwise, including claims related to advertising, promotions, or disclosures), and regardless of the type of relief sought (i.e., monetary, injunctive relief, or declaratory relief) and whether such Dispute is based on a federal or state constitution, statute, ordinance, regulation, contract, or common law. Dispute includes not only any claim, dispute or controversy directly between you and Bank, but also any such matter with respect to anyone connected with you or claiming through you, such as an account holder, account beneficiary, trustee, guardian, executor, administrator, conservator, custodian, heir or any other representative or agent including but not limited to authorized users of your account. A Dispute includes initial claims, counterclaims, cross-claims and third-party claims. A Dispute does not include any issue concerning the validity, enforceability, or scope of the waiver of class action lawsuit and class-wide arbitration contained in this Arbitration Provision which will be adjudicated by a state or federal court of competent jurisdiction.
YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS ARBITRATION PROVISION:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST BANK;
YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT OF LAW RESOLVE ANY DISPUTE ALLEGED AGAINST BANK; AND
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING OR RELATED TO A DISPUTE FILED AGAINST BANK.
Choice of Arbitrator — Bank may demand Arbitration by sending notice by email. You may demand Arbitration by sending notice to Bank by email at help@erebor.so, Attention: Legal Department. Any such notice of demand for Arbitration must indicate your intent to arbitrate, provide a description of the Dispute, and include the relief requested, even if a lawsuit has been filed. Regardless of who demands Arbitration, you have the right to select any of the following arbitration organizations to administer the arbitration: The American Arbitration Association (1-800-778-7879) http://www.adr.org; JAMS (1-800-352-5267) http://www.jamsadr.com; or an arbitration organization agreed upon by you and Bank. The Party receiving notice of Arbitration will respond within twenty (20) days. You understand that if you demand Arbitration, you must inform us of your demand and of the arbitration organization you have selected. You also understand that if you fail to notify us, then we have the right to select the arbitration organization. Any Arbitration under the agreement and this Arbitration Provision may be conducted within fifty (50) miles of your primary residence or business location, at your choice. This accommodation shall not be construed to allow for the application of any law other than Ohio law.
Cost of Arbitration — If you initiate an arbitration of claims in the amount of $75,000 or less, the Bank will pay the initial filing fee and any other pre-award fees assessed by the arbitration organization or arbitrator. Except where otherwise provided by Ohio or federal law, each Party will be responsible for its own attorneys' fees and other expenses. Unless prohibited by law, the arbitrator may award arbitration fees, costs, and reasonable attorneys' fees to the Party who substantially prevails in the arbitration.
Amendment of Arbitration Provision — You and Bank agree that Bank has the right to amend this Arbitration Provision, and that if Bank makes any amendment to this Arbitration Provision (other than an amendment to any notice address or website link provided herein), that amendment shall be effective upon Bank's provision of written notice to you. For clarity, if Bank amends any portion of this agreement other than a portion of this Arbitration Provision, such amendment shall not be deemed an amendment to the Arbitration Provision. We will notify you of amendments to this Arbitration Provision by providing notice via U.S. mail to the mailing address shown on your statement or via email to the email address associated with your account. You agree to notify us if your mailing address changes. Any amendment shall not apply to any Claim that accrued before the effective date of the amendment. Instead, the amendment shall apply to all other disputes or Claims governed by this Arbitration Provision that have arisen or may arise between you and us. If you do not agree to the amended terms, you may reject the amended Arbitration Provision, and you will not be bound by it. To reject the amended terms, you must send us written notice of your rejection within 30 days after the date we provided notice of the amendment. You must include your name, address, email address, telephone number, and account number. The notice of rejection must be communicated to help@erebor.so, Attention: Legal Department. This is the only way that you can reject amendments to this Arbitration Provision.
WAIVER OF JURY TRIAL AND WAIVER OF ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION — THE ARBITRATOR HAS THE ABILITY TO AWARD ALL REMEDIES AVAILABLE, WHETHER AT LAW OR IN EQUITY, TO THE PREVAILING PARTY, EXCEPT THAT THE PARTIES AGREE THAT THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS-WIDE PROCEEDINGS AND WILL BE RESTRICTED TO RESOLVING THE DISPUTES BETWEEN THE PARTIES ON AN INDIVIDUAL BASIS. IN NO EVENT SHALL THE ARBITRATION PROCEED ON A CLASS-WIDE BASIS, OR ON ANY OTHER BASIS BESIDES AN INDIVIDUAL ARBITRATION BETWEEN YOU AND THE BANK. IF THE ARBITRATOR FAILS OR REFUSES TO ENFORCE THE WAIVER OF CLASS-WIDE ARBITRATION, THE PARTIES AGREE THAT THE ISSUE OF CLASS-WIDE ARBITRATION WILL BE SUBMITTED TO A COURT OF COMPETENT JURISDICTION AND WILL BE DECIDED BY THE COURT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE UNITED STATES DISTRICT FOR THE SOUTHERN OR NORTHERN DISTRICTS OF OHIO FOR PURPOSES OF THIS ARBITRATION PROVISION. IN THE EVENT THAT SUCH FEDERAL DISTRICT COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION OVER SUCH DISPUTE, YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE STATE COURTS OF OHIO.
OPT-OUT PERIOD — IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT-OUT OF ARBITRATION BY SENDING WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF ARBITRATION VIA EMAIL TO: help@erebor.so, WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVED A COPY OF THIS AGREEMENT CONTAINING THIS ARBITRATION PROVISION. IF YOU DO NOT SEND SUCH NOTICE WITHIN THOSE 30 DAYS, YOU AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION.
Time Limitation of Claims and Recoverable Damages — ANY DISPUTE AGAINST US ARISING FROM YOUR ACCOUNT OR THIS AGREEMENT MUST BE BROUGHT AGAINST US WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES OR ELSE IT SHALL BE BARRED UNLESS FEDERAL OR STATE LAW OR AN APPLICABLE AGREEMENT PROVIDES FOR A SHORTER TIME. THIS LIMIT IS IN ADDITION TO LIMITS ON NOTICE AS A CONDITION TO MAKING A LEGAL CLAIM. IF APPLICABLE LAW DOES NOT PERMIT A CONTRACTUAL SHORTENING OF THE TIME DURING WHICH A LEGAL CLAIM MUST BE FILED TO A PERIOD AS SHORT AS TWO (2) YEARS, YOU AGREE TO THE SHORTEST PERMITTED PERIOD UNDER APPLICABLE LAW. ANY RECOVERABLE DAMAGES UNDER ANY CLAIM AGAINST US IS ALSO LIMITED TO DAMAGES INCURRED DURING THE TWO (2) YEAR PERIOD IMMEDIATELY PRECEDING YOUR INITIATION OF THE CLAIM OR, IF GREATER, THE SHORTEST PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
International ACH Transactions
Financial institutions are required by law to scrutinize or verify any international ACH transaction (IAT) that they receive against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC). This action may, from time to time, cause us to temporarily suspend processing of an IAT and potentially affect the settlement and/or availability of such payments.