Print Disclosure

This Agreement and Disclosure sets forth the terms and conditions concerning the use of our internet banking service, Eagleonline. In this agreement, the words "you" and "your" mean those who sign as applicants or any authorized user(s).  The words "we", "us" and "our" mean Bank of Clarke County. By using Eagleonline, you agree to all of the terms of this agreement.

ONLINE SECURITY

The Online Banking service for Consumer clients utilizes a comprehensive security strategy to protect Customer’s accounts and transactions conducted over the Internet. Each User will be given an ACCESS I.D. and PASSWORD along with instructions for establishing an extra layer of security called Multi-Factor Authentication to access Online Banking. During the first login session, each User is required to change the Password that was provided through secure methods. Going forward, passwords for Online Banking can be changed online at any time. Online passwords:

Customer agrees to keep current all Operating Systems, Internet Browers, APPS. Customer agrees to use anti-virus, anti-spyware, Firewalls.

Bank of Clarke County recommends that passwords be changed regularly. All PASSWORDS are required to be changed every six (6) months.

BILL PAY

This Bill Pay Service allows Customer to schedule bill payments. Customer may arrange, at its option, for the payment of its current, future and automatic (recurring) bills from a Bank of Clarke County checking account. A Bill Pay Account may not be used to pay any part of the balance Customer owes on that Bill Pay Account.

  1. Use of Service. Other than as stated above, there is no limit to the number of payments that may be authorized. Customer may pay anyone in the U.S. approved by Bank of Clarke County for payment through Bill Pay. Tax payments and court ordered payments may be scheduled through Bill Pay; however such payments are discouraged and must be scheduled at Customer’s own risk. In no event shall Bank of Clarke County be liable for any claims or damages resulting from scheduling such types of payments. By furnishing Bank of Clarke County with the name and address of a Biller, you authorize Bank of Clarke County to follow Customer’s payment instructions regarding that Biller. In some instances, Bill Pay may submit payments to the best known Biller address. When necessary, Bank of Clarke County will reformat Customer’s payment to match the format required by Customer’s Biller for electronic payment processing. Bill Pay is intended only for Customer as the subscriber of Bill Pay. Any attempt to use Bill Pay to process payments for third parties is prohibited and will be grounds for termination of Bill Pay and Customer’s access to Internet banking services from Bank of Clarke County.

    Bank of Clarke County may use nonaffiliated third parties acting on its behalf to process Bill Pay payments. Bill Pay third-party processors are required to adhere to Bank of Clarke County’s strict standards of security and privacy protection. Paper checks processed by nonaffiliated third parties may show that they were drawn on the third-party processor rather than Bank of Clarke County.

    The date the Bill Pay payment begins processing is based on the Payment Due Date and the payment method used to pay the Biller. When Bank of Clarke County receives a payment instruction
    (for the current or future date), Bank of Clarke County will begin processing Customer’s payment using the appropriate payment method to deliver the payment to the Biller by the Payment Due Date. The funds will be removed from Customer’s account on the Payment Due Date for most payments. For payments sent as a Laser Draft drawn on Customer’s Account, funds will be removed from   Customer’s Account when the check is presented to Bank of Clarke County for payment. For bill payments funded by checking accounts, Bank of Clarke County may, at its option, pay or refuse to pay the bill payment if it would create an overdraft on Customer’s Bill Pay Account, without regard to whether Bank of Clarke County may have previously established a pattern of honoring or dishonoring overdrafts. Bank of Clarke County may, without prior notice to Customer, take any of the following actions, at its sole discretion, if Bank of Clarke County receives a bill payment drawn against Customer’s checking Account and there are insufficient available funds in Customer’s Bill Pay   Account to cover the item:

    1. Cover the bill payment in accordance with the terms of any written overdraft protection plan that Customer and Bank of Clarke County has established
    2. Pay the bill payment and create an overdraft on Customer’s checking Account
    3. Return the bill payment as non-sufficient funds

    Customer agrees to pay Bank of Clarke County’s fee(s), which may vary depending on the action Bank of Clarke County takes. Any negative balance on Customer’s Bill Pay Account is immediately due and payable in full, unless Bank of Clarke County agrees otherwise in writing, and Customer agrees to reimburse Bank of Clarke County for the costs and expenses (including attorney fees and expenses) Bank of Clarke County incurs in recovering the negative balance (including overdraft and associated fees).

    If Customer’s Bill Pay Account closes for any reason, all pending payments associated with the account will be canceled and it is Customer’s sole responsibility to make all pending and future payments.

  2. Scheduling Bill Pay Payments

    Payments made through Bill Pay require sufficient time for Customer’s Biller to receive Customer’s payment and credit Customer’s account properly. To avoid incurring finance or other charges imposed by Customer’s Biller, Customer must schedule a payment sufficiently in advance of the Payment Due Date. The Bill Pay system will only allow Customer to schedule payments that allow enough time for processing to meet the Payment Due Date. Customer must schedule Customer’s payment using the Payment Due Date and not the last day of any grace period established by the Biller. Payments must be scheduled prior to the posted cutoff time to be processed on that Consumer Day. The funds will be removed from Customer’s account on the Payment Due Date for most payments. For payments sent as a Laser Draft drawn on Customer’s account, funds will be removed from Customer’s Account when the check is presented to for payment.

    Payments made to the same Biller, for the same amount, on the same day cannot be scheduled within the Bill Pay system.

    Automatic recurring periodic payments must be for the same amount. If the recurring payment date falls on a weekend or holiday, it will be paid on the preceding Consumer Day.

    Bank of Clarke County reserves the right to limit the frequency and dollar amount of transactions from Customer’s account for security reasons.

  3. Errors. If Bank of Clarke County does not properly complete a bill payment on time or in the correct amount, Bank of Clarke County will pay any related late fees and finance charges that Customer reasonably incur as a direct result. Bank of Clarke County will not be responsible for any charges or fees imposed or any other action taken by a Biller resulting from a payment that Customer has not scheduled properly, including without limitation, any applicable finance charges and late fees. In addition, Bank of Clarke County will not be liable if any third party, through whom any bill payment is to be made, fails to properly transmit the payment to the intended Biller. Bank of Clarke County will also not be liable if (a) there are insufficient available funds in Customer’s Bill Pay Account and/or overdraft protection plan; (b) if a legal order directs Bank of Clarke County to prohibit withdrawals from the Bill Pay Account; (c) if the Bill Pay Account is closed or frozen; or (d) if any part of the electronic funds transfer system network is not working properly. EXCEPT AS STATED ABOVE, BANK OF CLARKE COUNTY W ILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF BILL PAY.
  4. Reimbursement of late fees or finance charges will be based solely on the validation of the Payment Due Date.
  5. Disclosures of Account Information

    Bank of Clarke County will disclose information to third parties about Customer and Customer’s accounts and transactions as described below:

    1. Bank of Clarke County currently has an agreement with outside vendors under which the vendors assist Bank of Clarke County in providing Bill Pay. Bank of Clarke County will provide the vendors with information about Customer’s accounts, Customer’s transactions, and Customer’s electronic messages in order to carry out Customer’s instructions. Vendors will maintain the confidentiality of Customer’s information and will use it only as necessary to process Customer’s transactions.
    2. Where it is necessary for completing Bill Pay payments.
    3. In order to verify the existence and condition of Bill Pay Account for a Biller or holder of a check issued by Bill Pay.
    4. Under other circumstances as specified in the Consumer Account Agreement (or Personal Account Agreement, if applicable).
  6. Termination of Bill Pay. If Customer has Bill Pay and does not schedule or process a payment through Bill Pay for any six (6)-month period, Bank of Clarke County may at its sole discretion, terminate Customer’s use of Bill Pay, without prior notice. Customer agree that it will use Bill Pay only to pay bills and invoices, and not for any other purposes. Using Bill Pay for other, unauthorized purposes may result in termination of Customer’s access to the Bill Pay Service at Bank of Clarke County’s sole discretion. Customer must have at least one Bill Pay Account at Bank of Clarke County to use Bill Pay. If Customer closes its Bill Pay Account, Customer must designate a new Bill Pay Account within 30 days or Bank of Clarke County may terminate Bill Pay without prior notice. If Bank of Clarke County terminates Customer’s use of Bill Pay, Customer’s online bill payment information will be removed and all pending payments will be canceled and are Customer’s sole responsibility. If Customer decides to terminate Bill Pay, Bank of Clarke County strongly suggests that Customer cancel all future bill payments at the same time that Customer cancels Bill Pay, either by deletion of those payments by Customer using Bill Pay or by calling Bank of Clarke County, 540-955-2510. This will ensure that future payments made by Customer will not be duplicated. Bank of Clarke County will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once Bank of Clarke County has been notified that Customer has terminated Bill Pay Termination of Bill Pay will not automatically close Customer’s Bill Pay accounts. Termination of Bill Pay will not terminate other services Customer has under   this Agreement.

POPMONEY

Pay anyone by sending a text or email message.  This service is part of Bill Payment under the Pay People tab. It's more convenient than writing a check and easier than carrying cash. A nominal fee applies to each payment.
QUICKEN® /QUICKBOOKS®
We offer Web Connect for downloading account history into Quicken or QuickBooks. To get started, you must have a current version of Quicken or QuickBooks and internet access.  Posted guides for getting started and using this service can be found within internet banking. You can also find more information about using Web Connect with Quicken or QuickBooks on Intuit's web site (www.intuit.com).

MOBILE BANKING SERVICES

This service is provided to you by Bank of Clarke County and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and Bank of Clarke County. Section B of these End User Terms is a legal agreement between you and the Licensor.

  1. BANK OF CLARKE COUNTY MOBILE BANKING TERMS AND CONDITIONS
  2. Please note the following:

    1. As used in these End User Terms, "Mobile Banking" means a service that allows you to use a mobile device (like an iPhone®, iPad® or smartphone, sometimes also called a wireless device) to access Bank of Clarke County’s Online Banking service, and "mobile device" means a device specified by us, not a personal computer including a mobile phone or personal digital assistant (PPA) and is Internet (W eb) enabled.
    2. Not all the Online Banking services or the functionality on the Online Banking website are available when you use a mobile device, and Mobile Banking and functionality available to you may vary based on the mobile device you use. For those Online Banking services available through your mobile device, the Online Banking services may use different terminology and appear in different formats when viewed through your mobile device. You may be required to follow different instructions to access Online Banking services through your mobile device. Processing of payment and transfer instructions may take longer through Mobile Banking.
    3. Your wireless provider’s standard rates apply to Internet access. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your Internet access. Your wireless provider may impose Internet access and/or charge limitations that are outside of our control, for using this service on your account. All such charges are billed by and payable to your wireless provider. You are responsible for any charges from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.
    4. You represent that you are the owner or authorized user of the mobile device you use to receive our Mobile Banking service, and that you are authorized to approve the applicable charges. We may use the telephone or mobile phone number, email address or other delivery location we have in our records for you or other such information as you may provide to us to contact you for Mobile Banking.
    5. We will not be liable for any delays or failures in your ability to access our Mobile Banking service as access are subject to effective transmission from your network provider and processing by your mobile device, as well as delays and interruptions in the Internet. Mobile Banking services are provided on an AS IS, AS AVAILABLE basis.
    6. You understand and agree that Mobile Banking messages may not be encrypted and may contain personal or confidential information about you, such as your mobile phone number, your wireless providers name, and the date, time, and content of any mobile banking messages including account activity and status of your accounts and other information that you or we may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the Mobile Banking service. Your wireless provider and other service providers may also collect data from your Mobile Banking usage, and their practices are governed by their own policies. W e are not responsible or liable for the acts or policies of such service providers. We will only use the information you provide to us from your Mobile Banking usage in connection with our Online Banking service. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with our Mobile Banking service, you agree to provide accurate, complete and true information. W e will not be responsible or liable for losses or damages arising from any disclosure of your account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through Mobile Banking.
    7. Our Mobile Banking service, as well as the content and materials you may receive or access through your use of our service, are proprietary to us and our licensors, and are for your personal, non-commercial use only. You will not damage, impair, interfere with, or disrupt our Online Banking service or its functionality.
    8. You agree that if you are using our Mobile Banking service outside the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.
    9. We reserve the right to alter charges and/or these End User Terms from time to time, and we reserve the right to discontinue our Mobile Banking service at any time without notice. W e may suspend or terminate the service to you if we believe you are in breach of our End User Terms, the Service Agreement or your account agreement with us. The service is also subject to termination in the event your wireless service terminates or lapses.
    10. Mobile Banking is provided for your convenience and does not replace your monthly account statement, which is the official record of your account. Mobile Banking, including instructions for payment, transfer and other transactions, may be delayed, interrupted or otherwise negatively impacted by factors relating to your mobile device, your Internet service provider, wireless provider or other parties, or due to other reasons outside of our control. W e will not be liable for any such delays, interruptions, or negative impacts to Mobile Banking and you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
    11. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your use of the Mobile Banking and your provision of a telephone or mobile phone number, email address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of these End User Terms.
  3. END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
  4. To be agreed to by End User Prior to Use of the Downloadable App

    1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
    2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
    3. Restrictions.  You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
    4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED W ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO W ARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
    5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
      EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR
      PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE,
      LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE
      PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
    6. US. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
    7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the   laws of the state of California excluding that body of laws pertaining to conflict of laws. If any   provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain  effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
    8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

CUSTOMER SUPPORT

Customer support for internet banking is available Monday through Friday, except for holidays.  You may visit any branch location from 8:30 a.m. to 4:00 p.m. Monday through Thursday and 8:30 a.m. to 6:00 p.m. on Friday. You may also call us at (540) 955-2510 or (800) 650-8723 from 8:00 a.m. to 4:30 p.m. Monday through Thursday, and 8:00 a.m. to 6:00 p.m. on Friday.

CUTOFF TIMES

The following cutoff times pertain to specific Internet Banking features.  Transactions received after the cutoff time will be processed the following business day.
Funds Transfers    4:00 p.m. EST
Wire Transfers      2:00 p.m. EST
Stop Payments     4:00 p.m. EST

TRANSACTION AUTHORIZATION

All transactions completed through internet banking are considered authorized by you and will be processed. Certain transactions, such as wire transfers, may require additional verification procedures.  These procedures are part of a separate agreement for these services.

NOTICE OF LIABILITY

Prompt reporting of loss or suspected theft of your User ID and/or Password is essential for your protection. If a loss or suspected theft is reported within 2 business days after learning of the loss or suspected theft, you  can  lose  no  more  than  $50.00,  should someone use your User ID and password without  your  permission to perform certain transactions that are subject to Regulation E. If we could have prevented the unauthorized use of your User ID and password had you reported it within 2 business days, you could lose as much as $500.00.  If delayed reporting to Bank of Clarke County of such loss or suspected theft is attributable to extenuating circumstances (determined by us), the specified period may be lengthened to a reasonable time.  If your statement shows unauthorized transfers from your account, tell us at once. If you do not tell us within sixty (60) days after we sent you the FIRST statement(s) upon which the problem appeared, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason (determined by us), such as a long trip or a hospital stay, kept you from telling us, we will extend the time periods.  There is no limit to your liability on transactions that are not subject to Regulation E or that result from your computer being compromised.

DOCUMENTATION

Periodic Statement: You will receive a periodic account statement for your checking and/or savings account(s). Confirmation or Receipt: A confirmation or receipt will be displayed at the time you make a transfer, submit a bill payment, initiate cash management transactions or submit instructions for wire transfers, stop payments or check orders. This confirmation or receipt may be printed and retained for your records.

OUR LIABILITY FOR INCOMPLETE TRANSACTIONS

If we do not complete transactions to or from your 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 if:

TERMINATION

We may terminate this agreement if: a) you violate this agreement or any other agreement with us; b) we have reason to believe that there has been unauthorized use of your User ID or password; c) we have reason to believe that there has been unauthorized use of your account(s), or d) we notify you that we have cancelled or will cancel this agreement. You can terminate this agreement at any time by visiting any branch location or by calling, writing, or e-mailing us. Termination of this service will be effective on the first business day following receipt of your notice. We may terminate your internet banking or related services, such as Bill Payment, after thirty (30) days of inactivity. The rights and responsibilities of the parties for transactions initiated prior to the termination of this agreement will not be affected.

STOP PAYMENTS

You may place a stop payment order, subject to the rules and regulations of the Uniform Commercial Code or other laws. To stop a payment, call us at: 540-955-2510, write to us at: P.O. Box 391, Berryville VA 22611, or use the internet banking stop payment service. Please provide the following information when you contact us: your account number, the submission date of the transaction, the name of the payee, and the amount of the payment. To be effective, we must receive the stop payment order in time to give us a reasonable opportunity to act on it, and before our stop payment cutoff time, as indicated. All stop payment orders are subject to our stop payment fee. Stop payment orders will expire after six (6) months. An existing stop payment order may be extended for an additional six (6) months.

IN CASE OF ERRORS OR QUESTIONS

Please study your account statement(s) carefully. In case of errors or questions about your Internet Banking transactions, notify us as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. You may call us at (540) 955-2510 or (800) 650-8723, e-mail us at customerservice@bankofclarke.com, write to us at: Bank of Clarke County, PO Box 391, Berryville VA 22611, or visit us at 2 East Main St., Berryville, VA. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem or error appeared. Please include the following information:

If you notify us verbally, we may require that you send us a written explanation within ten (10) business days. We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to provide a written explanation and we do not receive it within ten (10) business days, we may not recredit your account. If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If a notice or error involves an electronic funds transfer that was initiated in a foreign location, the applicable time period for action will be twenty (20) business days in place often (10) business days, and ninety (90) calendar days in place of forty-five (45) calendar days.

IMPORTANT NOTICE CONCERNING FAIR CREDIT BILLING In case of errors or inquiries about your ACCOUNT statement Send your inquiry in writing on a separate sheet to: P.O.Box 391, Berryville, Virginia 22611. We must receive it within 60 days after your statement was mailed to you. Your written inquiry must include: 1. Your name and account number; 2. A description of the error and why (to the extent you can explain) you believe it is an error; and 3. The dollar amount of the suspected error. You can telephone us, but doing so will not preserve your rights. You remain obligated to pay the part of your statement not in dispute, but you do not have to pay any amount in dispute during the time we are resolving the dispute. During the same time, we may not take any action to collect disputed amounts or report disputed amounts as delinquent. This is a summary of your rights; a full statement of your rights and our responsibilities under the Federal Fair Credit Billing Act will be sent to you both upon request and in response to an Account Statement error notice

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

NOTICES

All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number, the mailing address or e-mail address specified in this agreement. We reserve the right to change the terms and conditions upon which this service is offered, subject to notification periods required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

GOVERNING LAW

This Agreement is governed by, construed and enforced in accordance with applicable federal law and the laws of the State of Virginia.

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