R. Cash Vault Services and Smart Safe Services. Furthermore, to the extent there is a conflict between the records of the Bank, the Smart Safe Vendor or customer regarding the Smart Safe deposit, the Banks records shall control. (2) What are Your Rights Regarding Substitute Checks In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a Substitute Check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). Relationship to Your Digital Wallet Provider. The Account statement shall be considered correct for all purposes, and we will not be liable for any payment made and charged to your Account, unless you notify us in writing within certain time limits after the statement is made available to you by mail, sent to you at your statement mailing address, made available to you through Online Statement Delivery (if you are enrolled in Online Banking, your statement is available to you as soon as it is posted, free of charge. Some banks will simply convince you to open accounts to avoid a hefty fee-cashing fee. A business that receives your check by mail or otherwise, and converts it to an electronic debit via ARC, POP or BOC should give you notice of the conversion, and such business has the option to destroy the Original Check. We may also block certain transactions that we suspect are illegal, including, but not limited to, transactions in violation of the Unlawful Internet Gambling Enforcement Act. An uncashed check can be good for a very long time, but it will depend on the type of check and the bank involved. In addition, you agree to reimburse us for all claims, losses, costs and damages we may incur regarding any Electronic Image, Substitute Checks or IRD deposited by you. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. We may charge you a fee for each stop payment order. While we may accept non-conforming endorsements, you will be responsible for any loss incurred by us due to the delay in processing or returning the item for payment. Deposit at an ATM onto a pre-paid card account or checkless debit card account. S. Notices Such other bank may instead send us a Substitute Check or, in some cases, an Electronic Image by which we can create a Substitute Check. If your spouse predeceases you, or if someone other than your spouse is named as your beneficiary, including your estate, then tax may be due on the balance remaining at your death. Any written notice you give to us regarding your Account statement, or a problem with your Account statement, is effective when it is actually received by us and we have had a reasonable opportunity to act on it. If you have any questions or issues with a third-party product or service, including issues pertaining to the operation of your Supported Digital Wallet Device, please contact the appropriate third party in accordance with that third partys procedures for customer support and assistance. Accordingly, any information you provide to your Digital Wallet provider or another third party through the Digital Wallet Service, or that is collected or accessed by your Digital Wallet provider in the course of your use of a Mobile Card or the Digital Wallet Service, is subject to third-party agreements, and is not governed by Frosts Customer Privacy Statement or this Agreement. We reserve the right to refuse the acceptance of any particular transfer for any reason. (Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation E). We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. (b) Limitations there are no limitations on the number or dollar amount of transfers you may make per day. You understand that your third-party agreements may, however, contemplate fees, limitations, and restrictions which might affect your use of any of your Mobile Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier). You may contact the Frost Bank Customer Service Call Center at 1-800-513-7678 with questions about your Account(s). Should a drawee financial institution or other third party make a claim against us or seek recredit with respect to any Electronic Image, we may provisionally freeze or hold aside a like amount in your Account pending investigation and resolution of the claim. Mifflintown, PA 17059. If you claim the right to receive the dollar amount of a lost, stolen or destroyed cashiers check, tellers check or certified check, your and our rights and obligations with respect to such lost, destroyed or stolen item shall be governed by Article 3 of the UCC as adopted in the Texas Business and Commerce Code including, without limitation, Section 3.312 of the Texas Business and Commerce Code. You agree immediately upon notice from us to deposit funds sufficient to cover the amount of any Overdraft plus any Overdraft fees, if required. Generally If you are a Business Account Holder and intend to make use of a Third Party to administer your Digital Deposits activities, you agree to notify us in writing, in a form that is acceptable to Bank, of the name of any Third Party whom you hire, employ, or to whom you delegate your duties or responsibilities under the Agreement, before that Third Party initiates any transaction or performs any obligation authorized or required under this Agreement. Find the nearest Frost Bank location near you | Branches, ATMs, Banking, and Financial Services in Texas F. Business Days means Monday through Friday, excluding federal holidays. Disputes in excess of $100,000 are subject to this same limitation. We have no duty to visually inspect signatures or other information on a check presented for payment, and other than the signature of the drawer, the identification of the payor bank and payee, the amount (numeric over words if contradictory) and any MICR encoded information, we have no duty nor are we bound to look at any other information on the check and can disregard such information in our sole discretion. In the event that we offer you one (1) of our standard Security Procedures commensurate with the type of Wire Transfer or other transfer you request, and you reject such Security Procedures and instead opt for different Security Procedures, you hereby agree that such Security Procedures are deemed commercially reasonable and you agree you are bound by any such payment order executed pursuant to such Security Procedures you have selected. Once coin and/or currency is picked up by Carrier, the Carrier accepts liability for the Vault Deposit during the transfer from the customers location to the remote cash vault at the designated Carriers location. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act either directly or indirectly. The arbitration may not be consolidated with any other arbitration proceeding. (1) Cash Vault Services Q. It is important that you understand that breaking transactions into amounts under any reporting amounts, commonly referred to as structuring, is a violation of federal law. Our acceptance of a stop payment order will not constitute a representation that the check has not already been paid or that we have a reasonable opportunity to act upon the order. You may close your Account by notifying us at any time, except that we may require you to give us seven (7) days advance notice when you intend to close your savings or interest bearing checking Account by withdrawing funds. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. You also understand and agree that we may terminate your Account immediately if you become engaged in any of the activities described in this paragraph during the course of your relationship with us. You agree that we shall not have any liability for any breach of any representation, warranty or covenant of this Agreement to the extent caused by: (1) the unavailability of the external connection services and other Internet network functions for Digital Deposits; (2) any use of the Digital Deposits by you in a manner not as set forth in this Agreement or the Documentation, or in a manner for which it was not designed, or in combination with systems, products or components not supplied or approved in writing by us; or (3) your use of Processing Software, equipment or other systems not approved or supplied by us. (7) Electronic Check Conversion You may authorize a merchant or other payee to make payment via a one-time electronic funds transfer from your checking Account using information from your check to: (8) Represented Check Transaction You may authorize a merchant or other payee to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. If your account has been compromised, should you decide against closing an Account as required by us, or if you decide not to implement products or services that are designed to deter fraudulent activity after we have required you to implement such products or services, you will be precluded from asserting any claims against us for any fraudulent activity. (iii) Agency Account An Agency Account is an Account to which funds may be deposited and withdrawn by an agent designated by the owner of the Account. After your Account is closed, we have no obligation to accept deposits or pay any outstanding checks, but we may reopen your Account if we receive a deposit, or we may apply an incoming deposit to satisfy any outstanding items or obligations owed to us. We may also refuse a deposit after initially accepting it. For each checking Account, we establish a master account and two subaccounts. This means that each joint Account Holder, but not a designated agency signer or convenience signer, is fully and personally obligated to Frost Bank under the terms of the Agreement, including liability for Overdrafts and debit balances, irrespective of which joint Account Holder or signatory benefited from the withdrawal. Specialties: Banking. below (Right of Setoff). R. Security Procedures means any security processes, controls or authentication methods that the Bank may require for one or more of the products or services that Bank provides under this Agreement or under any other agreement, as amended from time to time, that is applicable to the specific type of Account you have, or specific type of product or service that we offer to you, and which may vary based upon your Account type or the products and services you choose to receive from us. (2) Multiple-Party Accounts If: (i) neither you nor we seek to compel arbitration of any dispute we have related to this Agreement, your Account, or any transactions involving your Account; or (ii) some or all of these arbitration provisions are unenforceable and we are in a dispute in a court of law, then each of us agrees to waive any right we may have to a jury trial to the extent allowable under Texas law. About Frost bank credit card. If any amount deposited must be returned to the government for any reason, you authorize us to deduct the amount from your Account as provided in the Final Payment paragraph above. IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FROST, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FROST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our only responsibility is to exercise reasonable care. HOWEVER, SUCH INDEMNIFICATION SHALL NOT EXTEND TO ANY DAMAGE OR LOSS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BANK. (7) Adjustments and Receipts We may rely on the Account number of any deposit slip or similar record we receive, even if that Account number is associated with a name that is different from the name you have provided. While these electronic debits are listed on your Account statement, the electronic debit of the funds from your Account will not appear under the Checks Paid section of your monthly statement. (7) Agents Unless explicitly provided for in a Power of Attorney executed by the principal, an agent cannot appoint another agent, including, but not limited to, a convenience signer. If you fail to notify Frost, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether or not that use was through the Digital Wallet Service. For additional information, you can view transaction details by logging into Frost Online Banking Services or you can call the number on the back of your Payment Card to speak to a Frost banker. Physical customer records are stored in a secure location and protected by Security Procedures at all times. The Wallet allows you to make purchases using an added Payment Card wherever the Wallet is accepted. We will notify you of amendments as required by law. A. We will not be liable for the dishonor of any Item when the dishonor occurs because we setoff a debt against your Account. A. C. Relationships to Other Frost Agreements You agree that we may, in our sole discretion, waive any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or later, on a one-time basis or for any period, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we need not provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. You acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. ATM and Debit Card re-presented transactions and all other transactions for which authorization has already occurred are processed in order from the lowest dollar amount to the highest dollar amount. B. Other Features Include: - Place a temporary freeze on your debit card. Any physical or verbal behavior that endangers or harms Frost Bank employees, other Frost Bank customers, or other visitors to the Premises constitutes a threat and Frost Bank may, in its discretion, remove the offending Frost Bank customer from the Premises, or may take other actions within Frost Banks rights, including prosecution. Your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet have their own third-party agreements and you are subject to those third-party agreements when you give them your personal information, use their services, or visit their respective sites. Literally. (Payable on Death) Designation If you have opened this type of Account then you are the sole owner of the Account. I. 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