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MetaBank®, National Association, together with certain of its third-party service providers (including program manager Emerald Financial Services, LLC), as applicable, strive to provide you with the highest quality online and mobile banking services available. This Online and Mobile Banking Agreement governs your use of these services. This Online and Mobile Banking Agreement includes:
2. Definitions. The words used in this Agreement have the following meanings: 2.1 "Access Credentials" means your username, login identification, password, biometric identification (e.g., fingerprint) or other means of identification and authentication, or combination thereof, that is required for logging into or otherwise accessing the Services or a particular function of the Services. 2.2 "Account" means your eligible Emerald Card®, Emerald Savings, Emerald Advance℠, or other MetaBank account which can be accessed through Online Banking or Mobile Banking. The term "Account" may refer to multiple accounts if you have multiple eligible Accounts, as indicated by the context. 2.3 "Account Alerts" means the Text Alerts Service and the Email Alerts Service. 2.4 "Agreement" means this Online and Mobile Banking Agreement. 2.5 "Bill Pay Service" means the Service accessible via Mobile Banking and Online Banking that permits you to schedule and make payments from your Emerald Card to Payees. 2.6 "Business Day" is every Monday through Friday, excluding federal holidays, even if we are open. 2.7 "Card Account" or "Emerald Card Account" means the account associated with your Emerald Card®. 2.8 "Check-to-Card Service" means the Service within Mobile Banking offered to you by Ingo Money, Inc. and Sunrise Banks, N.A., that permits you to convert paper checks to electronic checks, negotiate them electronically, and load the proceeds to your Card Account. 2.9 "Due Date" is the date reflected on your Payee Statement for which the payment is due, and which is the actual due date, not a late date and not including any grace period. 2.10 "Email Alerts Service" means the Service by which you can opt in to receive email alerts of certain activity on your Emerald Card at an email address you provide. 2.11 "Emerald Advance" means the H&R Block Emerald Advance® line of credit originated by MetaBank. 2.12 "Equipment" means the equipment you use to access the Services, including but not limited to items such as a Mobile Device, desktop computer, or a laptop computer. 2.13 "Emerald Card" means the H&R Block Emerald Prepaid Mastercard® issued by MetaBank. 2.14 "ePockets Service" means the Service within Online Banking that allows you to set funds aside from the spending portion of your Emerald Card Account for specific purposes you designate. 2.15 "Emerald Savings" means the H&R Block Emerald Savings® Account offered by MetaBank. 2.16 "Linked Accounts Service" means the Service available through Online Banking through which you link your checking account at another financial institution to your Emerald Card Account to facilitate the transfer of funds from your checking account to your Card Account via the ACH network. 2.17 "MetaBank" means MetaBank, National Association., its successors, affiliates, parents, holding companies, or assignees. 2.18 "Mobile App" means the MyBlock℠ app that you can download to your iPhone or Android device that allows you to access Mobile Banking with your Access Credentials. 2.19 "Mobile Banking" means the banking services offered through the Mobile App, including the Bill Pay Service, the Check-to-Card Service, and the (Tap) for Balance Service. 2.20 "Mobile Device" means a supportable device such as a cellular phone, smart phone, tablet or other mobile device that you use to access Online Banking or Mobile Banking and is web-enabled and allows Secure Sockets Layer (SSL) traffic capable of receiving text messages. 2.21 "Online Banking" means the banking services offered through the H&R Block website (www.hrblock.com); including the Bill Pay Service, the ePockets Service, the Linked Accounts Service, the ability to obtain certain transaction history for your Emerald Card, and the ability to draw funds from your Emerald Advance and load those funds to your Card Account. 2.22 "Payee" is the person or entity to which you wish a payment to be directed. 2.23 "Payee Account Number" is the account number assigned to you by a Payee. 2.24 "Payee Statement" is a statement you received from a Payee indicating the amount you must pay to the Payee. 2.25 "Payment Instruction" is the information you provide to us through the Bill Pay Service instructing that a payment should be made to a Payee, which includes the Payee Account Number, Payee, the amount of the payment and the Scheduled Payment Date. 2.26 "Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing. 2.27 "Scheduled Payment Date" is the date you designate in a Payment Instruction on which you wish a Payee to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the actual Scheduled Payment Date will be the preceding Business Day. 2.28 "Services" means the services provided in Online Banking and Mobile Banking, and any other related services we make available to you (or, individually, a "Service," as indicated by the context). Not all Services are available through both the Online Banking and Mobile Banking channels. 2.29 "(Tap) for Balance Service" means the Service within Mobile Banking by which you can opt in to functionality to view your Emerald Card Account balance on the Mobile App login screen with a tap of your finger for a period of time without repeatedly logging in. 2.30 "Text Alerts Service" means the Service by which you can opt in to receive text alerts on your Mobile Device of certain activity on your Emerald Card at a phone number you provide. 2.31 "We," "Us," or "Bank" means MetaBank, together with certain of its third-party service providers (including program manager Emerald Financial Services, LLC), as applicable. 2.32 "You" and "Your" refers to each person with authorized access to your Account through the Services. Back to Top3. Consent to Electronic Communications. This consent to electronic communications provides important information required by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and your consent to electronic delivery of any Communications relating to your use of the Services or your relationship with us. You are not required to consent to receiving disclosures electronically, but if you do not consent, you may not proceed with using the Services. 3.1 Scope of Consent. You agree that any Communication we provide may be in electronic form, and that all Communications in electronic format from us to you will be considered "in writing." Your consent to receive Communications electronically applies to all Communications relating to your use of the Services or your relationship with us. You also agree that we do not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested as described below. You should print or download for your records a copy of any Communication that is important to you. This consent does not require us to deliver Communications electronically, and we may provide paper copies of Communications at our discretion. "Communications" means all notices, disclosures (including those required by law), agreements, fee schedules, records, account statements, documents, or other information we provide to you or that you sign or agree to relating to your use of the Services. 3.2 Method of Delivery. We may provide electronic Communications to you in one or more of the following ways:
3.3 Hardware and Software Requirements. To access Communications, you must have the following:
3.4 Obtaining Paper Copies. You have the right to receive a paper copy of Communications. You may request a paper copy of Communications by calling 1-866-353-1266. We must receive your request within a reasonable time after we first provided the Communication to you. 3.5 Withdrawing Consent/Updating Information.
3.6 Confidentiality/Limitation of Liability. You understand that the Communications may be confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or for any damages, including direct, indirect, special, incidental or consequential damages, caused by unauthorized access. If you have any questions about these Communications, you may contact us by telephone at 1-866-353-1266. Back to Top4.1 This Agreement. By using the Services, you are agreeing to all terms and conditions in this Agreement. You represent that you are at least 18 years old (or 19 if you live in Nebraska or Alabama, or 21 if you live in Puerto Rico) and otherwise able to lawfully enter into this Agreement. You are responsible for all transactions you authorize using the Services under this Agreement. 4.2 Your ability to use the Services. You understand that the Services are provided to you for your convenience and at your request and that you are not required to use all or any of the Services. You understand that all Services may not be available to you at all times and that certain restrictions may apply to your use of the Services. We are not responsible for any errors or delays in your ability to use the Services. We reserve the right to limit the types and number of Accounts eligible for the Services. We also reserve the right to refuse to make any transaction you request. The Services may not be available outside the United States and your access of the Services outside the United States is at your own risk. 4.3 Your other agreements with Us and our service providers. This Agreement supplements the terms and conditions of your Account to which you have previously agreed or agree to in the future, including the Cardholder Agreement for the Emerald Card, the Emerald Savings Account Agreement and Terms and Conditions, and the Emerald Advance Terms & Conditions. Your Account will continue to be subject to the agreements that otherwise govern them. If this Agreement conflicts with any Account agreement, the Account agreement will control. Additionally, each Account will be subject to the following:
Your use of the Services is also governed by H&R Block's Online Services Agreement and the Mobile App Privacy Notice, as applicable to the Services. 4.4 Your other agreements with third parties. You agree that you remain subject to any agreement you have with an unaffiliated third party when using the Services, including but not limited to your mobile or online service providers. You understand that those agreements may impose certain fees, limitations and restrictions which might impact your use of the Services, such as data usage or text messaging charges imposed on you by your mobile service provider. It is your responsibility to determine if your third-party agreements impose such fees, limitations and restrictions, and to the extent they do, you agree that you are solely responsible for those fees, limitations and restrictions. You agree that only your mobile and online service providers are responsible for their products and services and that you will resolve any issues or problems directly with the provider without involving us. 4.5 Protecting your Account
4.6 Your Equipment
4.7 User conduct. You are responsible for your use of the Services and all transactions and activity that you authorize through the Services. You certify to us and agree that your use of the Services will not in any way, directly or indirectly, violate applicable law, including any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft and/or violate any provision of this Agreement or any other agreement to which you are bound. You also agree not to make commercial use of the Services or resell, lease, rent, or distribute access to the Services. 4.8 Fees for the Services. We do not charge a monthly or other fee for accessing Online Banking or Mobile Banking, although there are fees for your use of certain Services, as described below in this Agreement and your Account agreements. All other fees which have been separately disclosed to you in connection with your Account will continue to apply to that Account and to the Services. We may begin charging a fee for a Service at any time even if we did not do so previously. Your use of the Services can also result in fees being charged by third parties, such as data fees charged by your wireless carrier. 4.9 Assumption of Risk. You understand and accept all risk associated with your use of the Services to the maximum extent permitted by applicable law and this Agreement. We are not and will not be responsible for losses caused by your failure to properly use the Services, for any error or delay in your ability to access any Service, any cost of upgrading your Equipment to remain current with the Service, or any damage to your Equipment or the data therein. 4.10 LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY COST, LOSS, INJURY OR DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, INCLUDING ATTORNEYS' FEES AND LOST PROFITS, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY THE SERVICES OR THE USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR OR ANY CLAIM ARISING OUT OF THE USE OF THE SERVICES ON YOUR EQUIPMENT, INCLUDING YOUR COMPUTER OR MOBILE DEVICE. 4.11 Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless MetaBank and our third-party service providers (including Emerald Financial Services, LLC), as well as our or their respective direct and indirect parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, service providers, licensors, successors, assigns, and the franchisees of any of them, from any and all liabilities, damages, expenses and costs (including attorneys' fees) arising from third-party claims, disputes, actions or allegations, including those related to infringement, misuse, or misappropriation of information or otherwise, in connection with your use of the Services, your violation of any law or rights of a third party, or related activity. 4.12 Modification of the Services. We may modify the Services from time to time in our sole discretion. Features within Mobile Banking and Online Banking are subject to change without notice. We may revise the limits on type, frequency and amount of transfers for security purposes and may change or impose limits without notice. In the event of modifications, you are responsible for making sure you understand how to use the Services as modified. You may agree to or reject the changes by continuing or discontinuing, respectively, your use of the Services. We may also offer additional Services and features from time to time. Any added Services and features will be governed by this Agreement and by any terms and conditions provided to you at the time when you use the new Service or feature. 4.13 Termination of the Services. We reserve the right to suspend or terminate the Services in whole or in part at any time with or without cause and without prior written notice to you, except as required by law. We may (but are not obligated to) suspend your use of the Services in our sole discretion, such as the in the case of suspected fraudulent activity. If you provide us with a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers previously authorized but not yet made. Termination of your use of the Services does not affect your obligations under this Agreement. 4.14 How to Contact Us Regarding the Services. You agree to contact us via telephone or mail rather than email for inquiries relating to the Services or your Accounts. To contact us by phone, call 1-866-353-1266. To contact us by mail, write to us at: Cardholder Customer Service, P.O. Box 10170, Kansas City, MO 64171. 4.15 Services Availability. We use commercially reasonable efforts to make the Services available for your use with minimal interruptions. However, the Services may be temporarily unavailable for system maintenance. In addition, access to the Services may be interrupted because of conditions beyond our control, including outages in Internet or telecommunications availability. We will use commercially reasonable efforts to reestablish the Services in those instances, but we do not guarantee the Services will always be available for your use. We do not guarantee functionality of the Services on any Mobile Device or through all web browsers, on all communications networks, in all geographic regions, or at all times. In no event will we be liable to you for unavailability of the Services or your inability to access the Services or particular functions within a Service. Back to Top5.1 Access. To use Online Banking or Mobile Banking, you must first set up your Access Credentials and complete a verification process. Once completed, you may use the Services to obtain certain information about your eligible Accounts. For example, you may be able to obtain your Account balance, access certain transaction history and statements, and other limited information. You may access certain Services related to your eligible Emerald Card or Emerald Advance through either Mobile Banking or Online Banking. You may access certain Services related to your eligible Emerald Savings Account through Online Banking. 5.2 Transfers. The following categories of transfers may be made via the Services. You must have sufficient funds available in the selected Account at the time the transfer is initiated. We do not generally approve transfers that we know will exceed your available balance, however, you will be responsible for any transfers that do exceed your available balance.
5.3 Bill Pay. The Bill Pay Service is the service available through Online Banking and Mobile Banking in which you can schedule and make payments from your Card Account to Payees.
5.4 ePockets. The ePockets Service is a service available within Online Banking that allows you to set funds aside from the spending portion of your Emerald Card Account for specific purposes you designate, such as a vacation or emergency fund. As a budgeting tool, funds in your ePockets are not available for spending using your Emerald Card. To access the funds, you must transfer them from your ePockets back into the spending portion of your Emerald Card Account through Online Banking.
5.5 Check-to-Card. The Check-to-Card Service is a Service within Mobile Banking. The Check- to-Card Service is provided by Ingo Money, Inc. and Sunrise Banks, N.A. and enables you to convert paper checks to electronic checks, negotiate them electronically, and load the proceeds to your Card Account. 5.6 Account Alerts. Account Alerts may include both the Text Alerts Service and the Email Alerts Service. You can sign up for Account Alerts in Online Banking.
5.7 (Tap) for Balance. The (Tap) for Balance Service is the service within Mobile Banking by which you can opt in to the ability to view your Emerald Card Account balance on the Mobile App login screen with a tap of your finger, without repeatedly logging in.
6. ELECTRONIC FUND TRANSFER ACT DISCLOSURES This Section 6 applies to your use of Services as it relates to your Card Account pursuant to Regulation E. Regulation E applies to certain types of electronic fund transfers you can make from or to your Card Account, such as payments made from your Card Account using the Bill Pay Service. Regulation E sets forth the basic rights, liabilities and responsibilities of consumers who use electronic fund transfers and of the financial institutions or other persons who offer these services. It includes the actions you need to take if you believe your Access Credentials, Emerald Card, Emerald Card number, or Personal Identification Number ("PIN") has been lost or stolen, or if you notice an error or unauthorized electronic fund transfer on your Card Account and the rules regarding your potential liability for transfers. 6.1 Consumer liability for unauthorized transfers. Tell us AT ONCE if you believe your Access Credentials, Emerald Card, Emerald Card number, or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made from your Card Account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account. If you tell us within 2 Business Days after you learn of the loss or theft of your Access Credentials, Emerald Card, Emerald Card number, or PIN, you can lose no more than $50 if someone used your Access Credentials or Emerald Card without your permission. 6.2 Contact in event of unauthorized transfer. If you believe your Access Credentials, Emerald Card, Emerald Card number, or PIN has been lost or stolen, call 1-866-353-1266 or write us at Cardholder Customer Service, PO Box 10170, Kansas City, MO 64171. 6.3 Business Days. For purposes of these disclosures, our Business Days are Mondays through Fridays, excluding federal holidays, even if we are open. 6.4 Transfer types and limitations.
6.5 Emerald Card and Card Account Fees. List of all fees for H&R Block Emerald Prepaid Mastercard®
Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to MetaBank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event MetaBank fails. See fdic.gov/deposit/deposits/prepaid.html for details. No overdraft/credit feature. Contact Customer Service by calling 1-866-353-1266, by mail at Cardholder Customer Service, PO Box 10170, Kansas City, MO, 64171, or visit www.hrblock.com/emeraldcard. For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint. 6.6 ATM fees. When you use an ATM to make a withdrawal, we charge a $3 fee. You may be charged an additional fee by the ATM operator (and you may be charged a fee even if you do not complete a fund transfer). See the table of Emerald Card and Card Account fees in Section 6.5 above for details. 6.7 Confidentiality. We will disclose information to third parties about your Card Account or the transfers you make:
6.8 Documentation. You may obtain information about the amount of money you have remaining in your Card Account by calling 1-866-353-1266. This information, along with a 12-month history of Card Account transactions, is also available by logging in online at www.hrblock.com/emeraldcard. 6.9 Preauthorized payments.
6.10 Our liability for failure to make transfers. If we do not complete a transfer to or from your Card Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
We will maintain procedures reasonably adapted to avoid errors. However, if we fail to complete a transfer to or from your Card Account on time or in the correct amount according to our Agreement with you because of an unintentional, bona fide error, we will be liable only for actual damages proved. 6.11 In Case of Errors or Questions about your Card Account. Telephone us at 1-866-353-1266 or write us at Cardholder Customer Service, PO Box 10170, Kansas City, MO 64171 as soon as you can, if you think an error has occurred in your Card Account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-866-353-1266 or writing us at Cardholder Customer Service, PO Box 10170, Kansas City, MO 64171. You will need to tell us:
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within 10 Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Card Account. For errors involving new Card Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Card Accounts, we may take up to 20 Business Days to credit your Card Account for the amount you think is in error. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask us for copies of the documents that we used in our investigation. Back to Top7. ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement") 7.1 Scope of Arbitration Agreement. You and the Covered Parties agree that all disputes and claims between you and the Covered Parties shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. However, to the fullest extent permitted by applicable law, either you or the Covered Parties may elect that an individual claim be decided in small claims court, as long as it is brought and maintained as an individual claim. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of disputes and the validity, enforceability, and scope of this Arbitration Agreement, including the interpretation of Section 7.4 below, shall be decided by a court and not an arbitrator. The term "Covered Parties" in this Arbitration Agreement includes MetaBank; HRB Digital LLC; Emerald Financial Services, LLC; their respective direct or indirect parents, subsidiaries, and affiliates; and the predecessors, successors, officers, directors, agents, employees and franchisees of any of them. Arbitration Opt Out: You may opt out of this Arbitration Agreement within 60 days after you accept this Agreement by filling out the form at www.arbitrationoptout.com/metabank or by sending a signed letter to MetaBank Arbitration Opt Out, P.O. Box 5846, Kansas City, MO 64171. The letter should include your printed name, address, the first five digits of your Social Security Number, and the words "Reject Arbitration." If you opt out of this Arbitration Agreement, any prior arbitration agreement shall remain in force and effect. 7.2 Pre-Arbitration Notice of Dispute. A party who intends to seek arbitration must first mail a written Notice of Dispute ("Notice") to the other party. The Notice to the Covered Parties should be addressed to: EFS-Legal Department, Attention: Notice of Dispute, 1301 Main Street, Kansas City, MO 64105. The Notice must be on an individual basis and provide at least the following information: (a) your name, telephone number, and e-mail address; (b) the nature or basis of the claim or dispute; and (c) the specific relief you seek. If the dispute is not resolved within 60 days after the Notice is received, then you or the Covered Parties may file an arbitration. The existence or substance of any settlement discussions shall not be disclosed. 7.3 How arbitration works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. AAA Rules are available on AAA's website www.adr.org, or by calling AAA at (800) 778-7879. If AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless the parties agree otherwise, any arbitration hearing shall take place in the county of your residence. 7.4 Waiver of right to bring class action and representative claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including compensatory, statutory, and punitive damages; attorneys' fees; and declaratory, injunctive, and equitable relief. However, any relief must be individualized to you and shall not affect any other client. The arbitrator is also empowered to resolve the dispute with the same defenses available in court, including but not limited to statutes of limitation. You and the Covered Parties also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the Covered Parties hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or any particular request for a remedy for a claim (such as a request for public injunctive relief), then only that particular claim or only that particular request for a remedy (and only that particular claim or particular request for a remedy) must remain in court and be severed from any arbitration. The Covered Parties do not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance. 7.5 Arbitration Costs. Payment of all filing, administrative, arbitrator, and hearing fees will be governed by AAA's rules, but if you inform us that you cannot afford to pay your share of the fees, we will consider advancing those fees on your behalf. In addition, we will reimburse you for your share of the fees at the conclusion of the arbitration unless (i) you have failed to comply with the notice of dispute requirements in paragraph 7.2 above, (ii) your claim was brought or maintained in violation of paragraph 7.4 above, or (iii) either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of fees will be governed by AAA rules and you agree to reimburse the Covered Parties for all fees advanced on your behalf. 7.6 Other terms This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. Except as set forth in this Arbitration Agreement, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any party was not a named party in the arbitration, unless and except as required by applicable law. Notwithstanding any provision in this Agreement to the contrary, the Covered Parties will not make any material change to this Arbitration Agreement without providing you with an opportunity to reject that change by following the directions provided. Rejection of any future change will not impact this or any prior Arbitration Agreement to which you have agreed. Back to Top8. General Provisions Relating to this Agreement 8.1 Modification and termination of this Agreement. Except for the Arbitration Agreement in Section 7, we may modify or terminate this Agreement at any time without notice to you, except to the extent notice is required by law. When we make changes, we will update this Agreement and post the revised Agreement within Online Banking and/or Mobile Banking, unless an immediate change is necessary to maintain the security of our systems. You may agree to or reject changes by continuing or discontinuing your use of the Services. 8.2 Severability. Except as provided in the Arbitration Agreement in Section 7, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement will remain operative and in full force and effect. 8.3 Assignment. We may assign this Agreement, as well as certain of our rights and obligations under this Agreement, to our affiliates, service providers, or third parties. Your rights and obligations under this Agreement may not be assigned. 8.4 No Waiver. We will not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing. No delay or omission on the part of us in exercising any rights will operate as a waiver of any rights or remedies. A waiver on any one occasion will not be construed as a waiver on other occasions. 8.5 Choice of Law. Except for the Arbitration Agreement in Section 7, this Agreement will be governed by federal law or, to the extent state law applies, the law of the state of South Dakota. Close |
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