How to open a checking account with capital one

360 Checking Agreement

THE BASICS – Here‘s a quick overview of how your account works. You can have up to three separate 360 Checking accounts. If this is your first 360 Checking account, you're requesting that we automatically issue a debit card (the "Card") to you, and we'll automatically link each additional 360 Checking account to the debit card.

360 Checking is an electronic checking account that pays you interest. 360 Checking enables you to pay any person or company you want, as long as the person or company is located in the United States (not including U.S. territories) – you‘ll just pay them by visiting our website and clicking a few buttons. And all the while, the money in your 360 Checking doesn‘t just sit there – it earns interest!

The 360 Checking Agreement includes our Electronic Fund Transfer Disclosure Statement ("EFT Disclosure") (collectively, the "360 Checking Agreement"). You need to read this agreement and hold onto it in case you have any questions down the road. Please understand that by applying for 360 Checking and/or using our 360 Checking features, you‘re agreeing to be bound by the terms of the 360 Checking Agreement, in addition to any other agreements you have entered into with us.

ELIGIBLE CUSTOMERS – 360 Checking is available to United States citizens or lawful permanent residents with a U.S. physical address or with military addresses (APO or FPO), who are at least 18 years old with a valid Social Security number, and with a US-based mobile phone number. Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in Branches and Capital One Cafés.

You must also be a paperless Customer – that means that (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all communications (like end-of-year tax forms and electronic statements) that we need or decide to send you.

ACCOUNT TYPE/ACCOUNT OPENING – 360 Checking is a transactional account that pays a variable rate of interest and allows you to make certain payments and transfers to third parties. You‘ll also be able to transfer funds from your Capital One, N.A. account to any other Capital One, N.A. account you have (except existing Certificates of Deposit).

If you already have an account with us at the time you open your 360 Checking account, your existing Linked Account(s) will also be linked to your 360 Checking account. We reserve the right to verify that you are the owner of the Linked Account.

Your 360 Checking account won‘t be considered "opened" until it‘s funded. This means your balance must be at least a penny. If you have an existing Overdraft Line of Credit linked to an existing 360 Checking account, you can link it to your new 360 Checking account, but you will be unable to access it until you fund the new 360 Checking account.

OBTAINING CREDIT REPORTS – We may request a consumer (credit) report in connection with your account(s). Upon your request, you will be informed whether or not a consumer (credit) report was requested, and if such report was requested, informed of the name and address of the consumer (credit) reporting agency that furnished the report. We may also request subsequent consumer (credit) reports for all legitimate purposes in connection with updating, renewing, reviewing, modifying, and/or taking collection action on your account(s).

REPORTING INFORMATION TO CONSUMER REPORTING AGENCIES AND CHECK VERIFICATIONS SYSTEMS – We may report information about your account to consumer reporting agencies and/or check verification systems. Defaults on your account may be reflected in your consumer report. This could affect your ability to open accounts in the future. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.

TYPES OF ACCOUNT OWNERSHIP:

• Individual Account. This type of account is owned by one person and only that person can transfer or take money out of 360 Checking or use the Overdraft Line of Credit.
• Joint Account. This type of account is owned by two people and all deposits made into the account are owned by both people. Except for certain retirement benefits like Social Security, if one person dies, the money in the account then belongs only to the survivor (and not to the estate of the deceased person). The owners of the account are considered to be "joint tenants" with right of survivorship. Any owner of the account may: 1) tell us to pay a person or company; 2) withdraw, transfer funds or close the account without the other owner's consent; 3) pledge the account to us as collateral for a debt owed to us; 4) deposit checks payable to any joint owner; or 5) borrow money from us using the Overdraft Line of Credit. Each of you can enter a stop payment order on any payments or other orders of withdrawal authorized by either of you.

If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the account and refuse to pay all items (including items authorized by the owner making the request), but we are not required to do so. If we restrict the account, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the account will affect items that we paid before the request. If we decide not to restrict the account, all joint owners remain responsible for items subtracted from the account.

We may also pay all or any part of the funds in the account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners.

• Revocable Living Trust (also known as inter-vivos trust) Account. This type of account is owned by a living trust and is managed by one or more Trustee(s) (“Trustee/Co-Trustees”). If the Trust requires Co-Trustees to act jointly, all Co-Trustees acknowledge that we cannot comply with multiple-signature requirements, and that each Trustee has obtained the necessary consent before performing a transaction. For example, this means that any Co-Trustee may: (i) tell us to pay a person or company; (ii) withdraw or transfer the balance without the other Co-Trustees providing consent to Capital One; (iii) make deposits, close or pledge the account to us as collateral for a debt owed to us; (iv) endorse and deposit checks payable to either Co-Trustee or the living trust; or (v) borrow money from us using the Overdraft Line of Credit. Each Co-Trustee can enter a stop payment order on any payments or other orders of withdrawal authorized by either Co-Trustee. Each Co-Trustee understands and agrees that (s)he, and not Capital One, owes a fiduciary duty to the beneficiaries of the living trust and as such, shall manage the account in accordance with the terms of the trust document(s) and any applicable laws.
• “Payable on Death” (POD) – You may designate an individual or joint account to be payable upon your death to a designated beneficiary or beneficiaries. Only an individual may be designated as a beneficiary. POD accounts are also known as “In Trust For” (ITF)”, “As Trustee For” (ATF), “Transfer on Death” (TOD) or “Totten Trust” account and are governed by applicable state laws and regulations. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements.

During your life, the funds in the account belong to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary(ies) have no interest in the account and cannot perform transactions on the account. You may withdraw all or part of the account balance, close the account, remove or add POD beneficiaries or change the account type or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our right to charge the account for any amount a deceased owner, co-owner or POD beneficiary owes us; if any beneficiary is under the age of 18 years at the time he would be entitled to receive property under the terms of the previous provision, we will pay such person’s share to any person who is the statutory or court-appointed custodian for the benefit of such person.

CONNECTING ACCOUNTS – If you have more than one eligible Capital One account, we will automatically "connect" your eligible accounts so they appear when you‘re logged into your account through the website or mobile app.

We will display only summary information about your "connected" accounts. To get any other information or conduct any activity on these account types, you must access the specific account servicing area for that account. All connected bank accounts will be visible when you log into your account through the website or mobile app. Keep in mind that certain features, information, types of transactions or other services may not be available for all of your connected accounts. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.

DEPOSITS – This account allows you to make deposits by cash, check, Automated Clearing House (ACH), domestic wire transfer or other payment network transfers, or transfer from another eligible Capital One, N.A. deposit account.

Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed may be handled the following business day.

Checks you deposit must be payable to you or to the living trust (in the case of a trust account).

We may refuse all or part of a deposit. We also may refuse a deposit after initially accepting it. If we do that, we will reverse the amount added to your account and send it to you via check or your external linked account. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made. If you have enrolled in one of our overdraft protection services, this may result in a transfer.

If a check from a split deposit is returned unpaid, we’ll deduct the full amount of the check from the account that received the largest portion of the check. If the deposit was split for an equal amount, we’ll deduct the full amount of the check from the first account in the transaction sequence.

Once your account is open, funds will be available according to the Deposit Availability Disclosure section of this agreement.

If a check or other deposit is returned to us unpaid or is otherwise charged back to us, we will deduct the amount of the check/deposit from your account. If the check was deposited into 360 Checking and multiple other Capital One accounts, we will debit your 360 Checking account for the full amount.

Deposits made to your 360 Checking account will be applied as follows:

• First: to any billed but unpaid interest on the Overdraft Line of Credit you may have;
• Second: to any outstanding principal balance on your Overdraft Line of Credit; and
• Third: to your 360 Checking account.

Foreign checks are handled as collection items only and are converted at our current daily rate and credited in U.S. dollars. Foreign checks sent for collection are exchanged at the exchange rate on the day of payment. All returned foreign checks will be charged back to your account at the rate used when initially credited and may be subject to a return fee and foreign bank charge (if applicable). Any payment(s) made to you from such items shall be provisionally credited to your account until we receive final payment from the foreign bank. Please note that while the foreign check collection process typically takes anywhere from four to six weeks, we have no control over the process once a check is sent for foreign collection. Accordingly, the process may take longer, depending on the foreign bank. You hereby waive notice of dishonor, nonpayment, or protest with respect to any items credited to or charged against your account.

At our discretion, we may make funds available for certain direct deposits (for example, most payroll payments) as soon as the payor notifies Capital One of the payment. This means we can make your money available to you up to 2 days before we receive the funds from the payor. This will be reflected on your account transaction history. If your direct deposits are already sent to your Capital One 360 Checking account, you do not need to take any additional action. Earlier availability of direct deposits is dependent on the timing of your payor’s payment instructions, fraud prevention overlays, and other restrictions, such as limits on the amount and frequency of direct deposits to your account. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without advance notice. Capital One does not guarantee early availability of any direct deposits, and eligibility of a direct deposit for early availability may change between pay periods. Any direct deposit that is not posted early will otherwise be made available according to our funds availability schedule. Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected, or otherwise uncollected by the Bank. We reserve the right to conclude the early availability of direct deposit at our sole discretion and without any further notice to you.

WITHDRAWALS AND TRANSFERS – Generally, you can withdraw or transfer money from your 360 Checking account by 1) using our website or mobile app; 2) using the Card we give you to make withdrawals at ATMs and points of sale ("POS"); 3) visiting one of our branch locations; 4) using Checkbooks; or 5) calling us. You can also transfer money at a Capital One ATM terminal between any accounts that are linked to your Card. We may limit, refuse or return any withdrawal or transfer of funds from your 360 Checking account that is made in a manner not permitted by us.

Free transfers to or from your own linked account at another financial institution are processed via the automated clearing house (ACH) network, and will typically take 3-4 business days to transfer. If you want more detailed information regarding electronic transfer times, see the Electronic Fund Transfer Disclosure Statement.

FOR YOUR PROTECTION AND OUR PROTECTION – You authorize us to follow any instructions you give to us. We reserve the right to contact you to obtain confirmation of any instruction before processing it. However, we‘re not required to confirm any instruction that looks like it was made by you, and we won‘t be liable if we don‘t contact you. We‘re also not required to confirm the actual identity or authority of anyone who uses your Password or a personal identification number ("PIN") or any account access device we gave you (like the Card) (collectively, "E-Identification"). We reserve the right, at our sole discretion and without notice, to refuse to make a withdrawal or transfer for security, credit, legal/regulatory or other reasons, and to refuse to honor withdrawal or transfer requests that appear to be fraudulent or erroneous. We can limit, refuse or return any withdrawal or transfer of funds from your account that is made in a way not permitted by us.

STATEMENTS – As required by law, we‘ll provide you with a statement at least 4 times a year. Your Statement will be made available to you based on your selected delivery method. Payments or transfers you make will be listed on your Statement. You agree to notify us within 60 days if you think there‘s an error or unauthorized transaction shown on your Statement.

360 Checking Features

Now, here‘s the REALLY interesting stuff...

You can use your 360 Checking account to instruct us, subject to the terms below, to, on your behalf, (i) pay bills; (ii) mail a cashier's check to any person or business in the U.S. except military addresses or P.O. boxes; (iii) make a payment to another person using the “Send Money with Zelle” feature; (iv) transfer money to or from your own accounts at Capital One or other financial institutions; and (v) send an outgoing domestic wire. You authorize us to follow your payment instructions, and we reserve the right, at our sole discretion and without notice, to refuse to follow your payment instructions or otherwise transfer money for security, credit, legal/regulatory or other reasons, and to refuse to honor payment or transfer requests that appear to be fraudulent or erroneous.

Bill Pay Feature

You can use 360 Checking‘s Bill Pay Feature ("Bill Pay") to pay bills as explained in this section of the 360 Checking Agreement. You can make current, future, one-time, and recurring bill payments to Billers. You may also receive electronic bills from a Biller to help you keep organized and cut down on your mail. You use Bill Pay by providing a Payment Instruction to us for a bill payment to be made to a Biller (for example, the Biller‘s name, account number, and Send on Date). Keep in mind, all bill payments and any Bill Pay charges will be automatically debited from your 360 Checking.

Please remember that you can only make payments to Billers with mailing addresses in one of the 50 United States or with military addresses (APO or FPO). We reserve the right to refuse to pay any Biller. Don‘t worry though, we‘ll notify you promptly if we decide to refuse to pay a Biller. This notification is not required if you attempt to make a prohibited payment or an Exception Payment. Please understand that Billers and/or the US Postal Service may return payments to us for various reasons such as expired addresses, invalid account numbers, the inability of the Biller to locate your account; or your account being paid in full. We promise to attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your 360 Checking.

Definitions

• "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
• "Billing Account" is the checking account from which all Service fees will be automatically debited.
• "Due Date" is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late payment date or the date beginning or a date during any grace period.
• "Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
• "Payment Account" means any transaction account designated by you from which payments will be made through the bill payment features of the Services, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. For further information, please contact your Account Officer or Online Banking Customer Service at 1-877-383-4802.
• "Payment Instruction" is the information provided for a payment to be made under the Online Bill Pay Service, which includes the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
• "Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the Scheduled Payment Date will be considered to be the previous Business Day.
• "Scheduled Payment" is a payment that has been scheduled through the Services but has not been processed.
• "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

General Authorization

We are offering you Online Banking through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party for the regulatory responsibility that extends with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

You authorize us and our Service Providers to process the transactions permitted under this Agreement for you as requested by you from time to time, and you authorize us and our Service Providers to post transactions to your account(s) as directed. You may request a payment be delivered one time, or on an automatic recurring basis in such manner as you direct. We reserve the right to refuse payment to any Biller to which you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. The notification is not required, however, if you attempt to make a payment under the section(s) titled "Prohibited Payments" of this Agreement. You authorize us and our Service Providers to debit your account(s) for any and all fees for the additional services (as described below) you have chosen to utilize.

Withdrawal of Funds for Bill Payment and Payment of Fees

You have the option of selecting from which one of your deposit accounts the Service will withdraw funds for bill payments. We may assess fees, for which you shall be liable, in the event we provide to you, upon your request, any one or more of the following additional services, or other additional services for which fees are charged:

• Provision of copies of checks which have cleared your account and have been paid
• Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account
• Manually issuing a check upon your special request

Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. You understand the dollar amount of these fees is published in the Capital One Fee Schedule available at any Capital One banking office, via an email request, or by calling Customer Service at 1-877-383-4802.

Payment Authorization and Payment Remittance

By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow your Payment Instructions. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with instructions we receive from your Billers.

Our receipt of your bill payment instructions authorizes us to debit your Payment Account and remit funds on your behalf to the designated Biller to allow the funds to arrive at the designated Biller's location as near as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.

We will attempt to properly and timely make all your payments. However, you agree that we shall incur no liability, and any Bill Pay Guarantee shall be void, if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. Through no fault of ours, there are not available sufficient funds in your 360 Checking plus any available Overdraft Protection amount;
2. Bill Pay is not working properly and you know or we‘ve told you about the problem before you try to give us Payment Instructions;
3. You haven‘t given us the correct name, address, phone number, or account number for the Biller; and/or,
4. Circumstances beyond our control (like a fire, flood, or other disaster) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

Please see the section of this Agreement titled “ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT” for information regarding questions or errors about funds transfers or bill payments made through the Services.

If a payment posts after its Scheduled Deliver By date because the Biller(s) failed to credit your payment promptly after receipt, but you scheduled the payment in accordance with this Agreement and none of the other exceptions set forth in the section titled "Our Responsibility for Payment and Funds Transfers" of this Agreement, we will assist you and your Biller(s) in attempting to resolve any delayed payment issues.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account , in accordance with the electronic funds transfer disclosures provided to you at account opening, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Scheduling

We‘ll start processing a payment that you schedule through Bill Pay ("Scheduled Payment") and take the payment amount out of your 360 Checking on the date that you select ("Send On Date"). The earliest possible date that your Biller will receive the payment ("Deliver By Date") is typically 4 or fewer business days after the Send On Date. Our business days include every day other than Saturday, Sunday or one of the federal holidays, or other days we are closed ("business day"). The Deliver By Date will be displayed when you are scheduling the payment. It is critical that you select a Send On Date with a Deliver By Date no later than the due date required by your Biller for the payment ("Due Date"). If you give us Payment Instructions on a non-business day, the earliest Send On Date you can select will be the next business day. If you select a Send On Date that falls on a non-business day, the Send On Date will be the prior business day. If you close your 360 Checking, any payments already processed through Bill Pay before the date your 360 Checking is closed will be completed. All Scheduled Payments, including recurring payments, will not be processed once your 360 Checking is closed. When you are setting up your Payment Instructions, the Service will indicate the earliest possible Scheduled Payment Date for each Biller, (typically four (4) or fewer Business Days from the current date).

You will not be able to select a Scheduled Payment Date prior to this earliest possible date. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

Bill Pay Guarantee

We can‘t control everything – there are circumstances beyond our control like delays in handling and posting payments by Billers or other financial institutions. This means that some transactions may take longer than normal to be credited to your account with a Biller. Don‘t worry though – we will bear responsibility for any late payment related charges, which have not been waived by the Biller, up to $100.00 should a payment post after its Due Date, provided: you scheduled an Online Bill Payment with a Scheduled Deliver By date in accordance with the section under this Agreement titled "Payment Scheduling"; none of the exceptions set forth in the section titled "Our Responsibility for Payment and Funds Transfers" of this Agreement exist; the payment is not an Exception Payment; and you otherwise comply with this Agreement.

Payment Methods

There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Online Banking site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and, in the event that your Payment Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.

Payment Cancellation Requests

You can cancel or edit any Scheduled Payment (including recurring payments) free of charge by following the directions on the website. Once we‘ve begun processing a payment, though, it can‘t be cancelled or edited and you‘ll have to make a stop payment request.

Stop Payment Requests

You understand our ability to process a stop-payment request will depend on the payment method and whether or not a payment has cleared your Online Bill Payment Account. You understand we may not have a reasonable opportunity within which to act on any stop-payment request after we have already processed a payment. If you desire to stop any payment that has already been processed but has not yet cleared your account, you must contact Capital One Customer Service by calling Customer Service at 1-877-383-4802. You understand and agree that we will have no liability for failing to accommodate a stop-payment request. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop-payment request will be the current charge for such service as stated in our Account Disclosure.

Prohibited Payments

We cannot schedule Bill Payments to Billers located outside the United States or any of its territories, any single payment greater than $100,000.00, or payments otherwise prohibited by law. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
2. Payments that violate any law, statute, ordinance or regulation; and
3. Payments that violate the Acceptable Use terms below; and
4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
6. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
7. Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.

Acceptable Use

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

Exception Payments

Exception Payments may be scheduled through the Service, but Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service Provider be liable for any claims or damages resulting from your scheduling of Exception Payments. In no event shall we be liable for any claims or damages resulting from your requesting and scheduling these types of payments. The Bill Pay Guarantee, as it applies to any late payment related charges, is void when these types of payments are scheduled and/or processed through the use of the Service. We have no obligation to research or resolve any claim resulting from your scheduling one of these types of payments. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility.

Bill Delivery and Presentment (eBills)

The Service’s eBills feature enables you to receive electronic bills from participating Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

• Presentation of electronic bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When you elect to receive electronic bills from a Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
• Paper Copies of electronic bills – If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
• Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
• Information provided to the biller – We can‘t update or change your personal information such as your name, address, phone numbers and email addresses, with your Biller. You‘ll need to make any changes by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide the Biller with your email address, service address, or other information requested by the Biller for purposes of the Biller matching your identity against its records or so the Biller can contact you about Bill Pay and/or bill information.
• Activation – When the electronic bill feature is activated we may notify the Biller of your request to receive electronic billing information. Your Biller may accept or deny your request to receive electronic bills. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it‘s your responsibility to keep your account current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
• Authorization to obtain bill data – You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills.
• Notification – We‘ll attempt to present all of your electronic bills promptly. In addition to notification on the website, we may send an email notification to your email address on file with us. It‘s your sole responsibility to ensure that your email address on file is correct. If you don‘t receive notification, it‘s your responsibility to periodically logon to Bill Pay and check for the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You‘re responsible for ensuring timely payment of all bills.
• Cancellation of electronic bill notification – You and Your Biller can each cancel the presentment of electronic bills at any time. The time that it takes to cancel an electronic bill may vary from Biller to Biller and can take up to sixty (60) days, depending on the billing cycle of each Biller. We‘ll notify your electronic Biller about the cancellation but it‘s your sole responsibility to make arrangements for an alternative form of bill delivery. We‘re not responsible for presenting any electronic bills that are already in process at the time of cancellation.
• Non-delivery of electronic bills – You agree to hold us harmless if the Biller fails to deliver your electronic bills. You‘re responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
• Accuracy and dispute of electronic bill – Keep in mind, we‘re not responsible for the accuracy of your electronic bills. We‘re only responsible for presenting the information we receive from the Biller. You must discuss and resolve any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail directly with your Biller.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

Information Authorization

You understand that you are not completely enrolled in the Service until the Servicer verifies your identity and obtains other necessary information. By enrolling in the Service, you agree that the Servicer may request a review of your credit file and/or credit report, through the use of a consumer reporting agency. You shall not incur a cost for this credit review. In order to resolve payment-posting issues, you authorize the Servicer to gather any and all reasonably necessary financial information from your Biller(s) or financial institution(s) regarding your payment(s).

Biller Limitation

We reserve the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, we will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Prohibited Payments section or Exceptions Payments section of this Agreement.

Returned Payments

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

Failed or Returned Payment Instructions

In using the Service, you are requesting us to attempt to make payments for you from your Payment Account. If we are unable to complete the Payment Instruction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, we will attempt to debit the Payment Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us. In each such case, you agree that:

1. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Payment Account to allow us to complete the debit processing;
2. You may be assessed a fee by our Service Provider if the Payment Instruction cannot be debited because you have insufficient funds in your Payment Account, or the transaction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment, or if we cannot otherwise collect the funds from you. You hereby authorize us to deduct these amounts from your designated Payment Account, including by ACH debit;
3. You will reimburse us and our Service Provider for any costs we incur in attempting to collect any amounts from you; and
4. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

Text Messages, Calls and/or Emails to You

By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

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