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Last updated 11/17/13
|Online Service Agreement
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TABLE OF CONTENTS
General Terms Applicable To All Users
Agreement; Online Service
Computer Equipment; Browser Access and Internet Services
Online Service Fees
Limitation of Liability; No Warranties
Special Provisions for Business Customers
Choice of Law/Successors; Waiver; Severability
Risk Of Loss
Alerts and Mobile Text Services
Our Right to Review Funds Processing
Special Provisions for J.P. Morgan Online Clients
Securities and Investment Advisory Services; JPMorgan Funds
Additional Terms Applicable to Personal Financial Management Software Users
General Terms Applicable to the Transfer Service
Internal Transfer Service
Accounts with Multiple Owners/Signers
Internal Transfer Service Fees
External Transfer Service Fees
Repeating and Transfers
Additional Terms Applicable to the Transfer Services for Consumer Accounts
Additional Terms Applicable Only to Transfer Services for Business Accounts
1. General Terms Applicable To All Users
This Online Service Agreement ("Agreement") states the terms and conditions that govern your use of Chase Onlinesm, Chase Online for Business Banking, and J.P. Morgan Online and any applicable software products and associated documentation we may provide through those websites or to use the products, services or functionality offered through those websites ("Software") (collectively, the "Online Service"). As used herein, the terms "Bank", "us," "we," or "our" means JPMorgan Chase Bank, National Association, or the affiliate of such entity that holds your accounts or provides you services and any agent, independent contractor, designee, or assignee the we may, at our sole discretion, involve in the provision of the Online Service; "you" or "your" means (1) an individual or entity that is the owner of an account or a party-in-interest to an account (such as a grantor, beneficiary or co-trustee of a trust account) or (2) an individual authorized by an account owner or a party-in-interest to view account information and/or effect transactions in an account; and "Card" refers to the credit or debit card issued by us.
Products and services described, as well as associated fees, charges, interest rates and balance requirements, may differ among geographic locations. Not all products and services are offered at all locations. By offering this Online Service and information, products or services via the Online Service, we make no distribution or solicitation to any person to use the Online Service or such information, products or services in jurisdictions where the provision of the Online Service and such information, products or services is prohibited by law.
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2. Agreement; Online Service
When you use or access, or permit any other person(s) or entity to use or access the Online Service, or download or use any Software, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail or by posting the updated terms on the sites within the Online Service (the "Site(s)"). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Online Service. Your use of the Online Service after we have made such changes available will be considered your agreement to the change.
The Online Service is an online financial services website offering a variety of content, products and services. We grant to you, for your personal or internal business purposes only, a non-exclusive, non-transferable limited and revocable right to access and use the Online Service as well as any Software in object code. Any Software provided through the Online Service must be downloaded by you in the United States. You agree not to use the Online Service for any other purpose, including commercial purposes, such as co-branding, framing linking, or reselling any portion of the Online Service without our prior written consent. You further agree not to use the Online Service to pay Payees to whom you are obligated for tax payments, payments made pursuant to court orders, fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law. You agree not to attempt to log on to the Online Service from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Online Service from one of these countries may result in your access being restricted and/or terminated.
You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Online Service, or use the Online Service to develop similar functionality; (b) copy any portion of the Online Service, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of the Online Service or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the Online Service; or (e) otherwise exercise any other right to the Online Service not expressly granted in this Agreement. We, or our licensors, own all right, title and interest in and to the Online Service. No license or other right in or to the Online Service is granted to you except for the rights specifically set forth in this Agreement.
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3. Computer Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Online Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access the Online Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested the Online Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
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We may at our option change the parameters for the password used to access the Online Service ("Password") without prior notice to you, and if we do so, you will be required to change your password the next time you access the Online Service. To prevent unauthorized access to your accounts and to prevent unauthorized use of the Online Service, you agree to protect and keep confidential your Card number, account number, PIN, User ID, Password, or other means of accessing your accounts via the Online Service. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line, or draws on your credit card account. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your Card numbers, account numbers, PINs, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use the Online Service or to access or use your Card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used the Online Service without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-877-242-7372, (J.P. Morgan Online clients only, call 866-265-1727 or 302-634-5115 for international clients).
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You agree that by using the Online Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Online Service may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law.
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6. New Features
We may, from time to time, introduce new features to the Online Service or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
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7. Online Service Fees
General access to the Online Service is currently provided to you at no additional cost. However, you may incur fees if you use or obtain some of the products or services available through the Online Service. To learn more about such fees, please refer to the specific terms and conditions applicable to each product or service. We reserve the right from time to time to add or modify charges and will notify you when we do so.
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8. Limitation of Liability; No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
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9. Other Agreements
In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account agreements, end user license agreements, and with all applicable State and Federal laws and regulations. To the extent there is a conflict between the terms of this Agreement and your applicable account agreements with us, or any end user license agreements ("EULA") provided in conjunction with your use of the Software, the terms of your account agreement, or EULA, as the case may be, will control except as may be otherwise stated herein.
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10. Termination; Availability
We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Online Service, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access the Online Service for a period of three (3) months or greater. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Online Service and delete any applicable copies.
Not all of the products or services, or functionality of those products and services, described on the Site(s) are available in all geographic areas. Therefore, you may not be eligible for all the products or services described. We reserve the right to determine your eligibility for any product or service.
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In the event of a dispute arising under or relating in any way to this Agreement or to the Online Service provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.
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12. Binding Arbitration
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE ("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY. IF THE PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON, THEN YOU AGREE THAT IN SUCH CASE ANY CLASS DISPUTE WILL NOT BE RESOLVED THROUGH ARBITRATION.
This binding arbitration provision applies to any and all Claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.
The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms of the may be obtained and Claims made may be filed at American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, 800-778-7879, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the Claim(s) is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
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You acknowledge and agree that you are personally responsible for your conduct while using the Online Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Online Service or the use of the Online Service by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.
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14. Records; Communications
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
Unless otherwise prohibited by law, any communication or material you transmit to us via the Site or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Notice, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain and review all communications, including those by telephone, e-mail and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations and to maintain the security of the Online Service.
You agree to provide a valid e-mail address so that we may send you certain information related to the Online Service. When you give us your mobile phone number, we have your permission to contact you at that number about all your Chase or J.P. Morgan accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to change these preferences.
You agree that you will not transmit securities trade orders or any other transactional instructions to us using electronic mail. You acknowledge that we will not act upon orders or instructions transmitted through electronic mail and that we may not be in a position, by virtue of time zone difference and otherwise, to respond to your communications sent by electronic mail within the time frame contemplated by you.
Any suggestion, idea, proposal or other material (collectively, "Submission") submitted to JPMC shall be considered to be non-confidential and non-proprietary. JPMC shall not have any obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential) and shall not be liable for any use or disclosure of the Submission. JPMC shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
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15. Special Provisions for Business Customers
Any User ID or Password we provide to you is provided to you in your capacity as a representative of the business entity registered with the Online Service only, and may not be retained by you after any termination of your relationship with such business entity. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
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16. Site links
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17. Choice of Law/Successors; Waiver; Severability
This Agreement and its enforcement shall be governed by the laws of the State of New York, without regard to any choice of law provision, except for section 5-1401 of the New York General Obligations Law, which does apply, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products and services accessed via the Online Service shall be governed by laws of the applicable account agreements.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
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18. Risk Of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
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19. Mobile Services
Your enrollment in the Online Service may include access to some products and services through a mobile device ("Mobile Services"). By using the Mobile Services, you agree to the following terms. You agree that we may send you information relative to Mobile Services through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Mobile Services. Additionally, 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 provision of a phone number, e-mail 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 the Agreement.
The Mobile Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Services, including balance, transfer and payment information, may differ from the information that is available directly through the Online Service and Site(s) without the use of a mobile device. Information available directly through the Online Service and Site(s) without the use of a mobile device may not be available via the Mobile Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Services, including but not limited to account balance information. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through the Online Service without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Services. Additionally, 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. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
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20. Alerts and Mobile Text Services
Your enrollment in the Online Service includes access to mobile text messaging related services (collectively, "Text Services") and Alerts. By receiving or otherwise using these services, you agree to the following terms for these services. You agree that we may send messages through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable account. Additionally, 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 provision of a phone number, e-mail 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 the Agreement. The Alerts and Text Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. For phone Alerts, information may be delivered to voicemail or answering machines if nobody answers the phone. Messages may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, or other parties. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Alerts and Text Services. The Text Services are only available to customers who have an eligible account with us, and you may be automatically enrolled to receive certain Alerts. While you have to have an eligible account to use the service, once it is activated, if you have other types of accounts with us, you may have access to those other accounts as well. There is no service fee for the Alerts and Text Services but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your communications service provider. Message frequency depends on user preferences. To cancel the Text Services, send STOP to 24273 at any time (J.P. Morgan Online clients only, send STOP to 576746). For help or information on the Text Services, send HELP to 24273 (J.P. Morgan Online clients only, send HELP to 576746). For additional assistance with the Alerts and Text Services, contact customer service at 1-877-242-7372.
Your enrollment may also provide you with access to a feature of the Online Service which will allow you to received alerts via e-mail for events related to markets and securities, such as the price of a specified security reaching a particular threshold ("Market Alerts"). Market Alerts are provided as an accommodation to you. You should not rely on Market Alerts, or the absence of a Market Alerts, for any purpose, including without limitation, as the basis for any trade or other action in regard to any investment or security. Market Alerts are delayed at least 20 minutes and should not be considered real time information. Market Alerts are provided for informational purposes only and are not offers or solicitations for the purchase or sale of any securities or financial instrument or for the provision of any investment service or advice. Market Alerts are not recommendations by us or any other party, and specifically are not, without limitation: (a) recommendations regarding the purchase or sale of any investment or security; (b) investment advice; (c) a judgment regarding the suitability of any investment or security; or (d) a representation regarding the availability of any investment or security at the price presented or other price.
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21. Account Information
Account information provided to you as part of the Online Service is not the official record of your account or its activity. Your account statement, furnished to you by us in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. The Online Service information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.
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22. Our Right to Review Funds Processing
As a sender of instructions to transfer or collect funds using the Online Service, you acknowledge and agree that we may delay or cancel the execution of your online instructions and/or charge back the amount of any credit to the applicable account as we determine in our discretion or claim a refund from you for such amount for various reasons including fraud, duplicate payment, incorrect amount or incorrect recipient.
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||SPECIAL PROVISIONS FOR J.P. MORGAN ONLINE CLIENTS (The provisions in this Section 23 apply only to J.P. Morgan Private Bank and J.P. Morgan Securities LLC clients (collectively, "J.P. Morgan Online Clients") who have brokerage accounts or other accounts that hold securities.) To the extent that the provisions in this Section 23 conflict with other provisions in this Agreement, the provisions in this Section 23 will prevail.
23.1 Risks of Electronic Transactions and Access to Information
Your ability to access the Online Service may be limited during periods of high volume, systems upgrades and maintenance or for other reasons. If the Online Service is not available for transactions, or if conditions render its use inappropriate, you agree to use alternative means to place your orders, such as calling J.P. Morgan OnLine Site Support. We will not be liable to you if you are unable to access the Online Service or complete transactions through it.
23.2 Conflicts of Interest
J.P. Morgan has diverse business dealings with companies and entities that may be issuers of securities described in the Web site. According, J.P. Morgan and its employees may hold a position or act as market maker in the financial instruments of any issuer discussed herein or act as underwriter, placement agent, advisor, or lender to any such agent.
23.3 Information Providers
(i) The information providers for securities prices and quotations available on the Online Service ("Information Providers") will include such securities markets as the New York Stock Exchange, Inc.; the American Stock Exchange; NASDAQ Stock Market, Inc.; and other exchanges, their affiliates, agents and other parties. By your use of the Online Service, you agree to the following conditions:
These terms and conditions shall remain in effect as long as you have the ability to receive Market Data through the Online Service as contemplated hereunder.
- Securities prices and quotations received from such Information Providers ("Market Data") are solely for your individual use, and you will not retransmit or furnish Market Data to any other person or entity.
- The Market Data is and shall remain the property of the respective Information Providers or of the market on which the reported transaction took place or a reported transaction was entered.
- The Information Providers are third-party beneficiaries under these provisions and may enforce these provisions against you.
- At any time, Information Providers may cease disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or signal characteristics, and you shall not hold the Information Providers liable for any resulting liability, loss or damages that may arise there from.
(ii) You agree to use the quotes provided by Information Providers only for your individual use in your business. You will not furnish the quotes to any person or entity other than an officer, partner or employee of your business.
(iii) Some of the financial market information, news and information (collectively, Information) accessible through the Online Service is prepared by Information Providers, who are independent parties. We may not identify information as provided by third parties. Information and JPMS research reports are not intended to provided tax, legal or investment advice. JPMS research is subject to a disclaimer included in all research. Any materials excerpted or summarized form a full research report is subject to the terms of the disclaimer. Neither we nor any Information Provider assesses for you, or any particular investor, the suitability of any particular investment on which you may receive information through the Online Service. We do not assess for you or any particular investor the potential value of any particular investment or the suitability of any Information source. We will treat as unsolicited any security order you place after accessing Information.
(iv) If you are a securities professional, such as an investment advisor, you may occasionally furnish limited amounts of quotes to your clients, but solely in the regular course of your securities business. If you furnish quotes to your clients who are not on your premises, you may do so solely (a) in written advertisements, educational material, sales literature or similar written communications and (b) during telephonic voice communication not entailing the use of computerized voice synthesis or similar technology. You shall not permit any customer or client to take physical possession of "your equipment" (i.e., the equipment that you use to receive, display, or otherwise use quotes). You shall abide by any additional limitations on use of quotes that we may specify in the future.
(v) Neither the Information nor the research and recommendations available through the Online Service are an offer to buy or sell any security or financial instrument. No services or securities will be offered or sold in any jurisdiction in which such offer or solicitation, purchase or sale would be contrary to applicable local laws or regulations. The Information is for the use of the private client who is the specific signatory to the Agreement and may not be reproduced or distributed in any way without our specific written authorization.
23.4 Portfolio Information
The Online Service may permit you to view account data for your J.P. Morgan account and any other accounts linked to it. By accessing and using the Online Service, you represent on a continuing basis that you are authorized to have viewing access to any account that you access. All account data is provided as a convenience and for your information, but it is not the official record of your account or its activity. Your J.P. Morgan account statement shall remain the official record. The Online Service is generally updated regularly but is subject to adjustment and correction and therefore should not be relied upon as justification for taking any action or forbearing to take any action. All account information should be confirmed with J.P. Morgan OnLine Site Support before you take investment action.
23.5 Right to Restrict Access
J.P. Morgan reserves the right to terminate your access to financial market information, news and research (collectively, "Information") and to take any other action J.P. Morgan deems appropriate, at its sole discretion, without limitation for any reason whatsoever, including but not limited to, the unauthorized use of your J.P. Morgan brokerage account number(s), breach of this Agreement, discontinuance of J.P. Morgan's access to any Information or research reports or termination of one or more agreements between J.P. Morgan and the Information Providers.
23.6 Access by your J.P. Morgan Online Team
You acknowledge and agree that any information you enter or provide through the OnLine Service will be accessible by any member of your J.P. Morgan team, including, without limitation, your banker, relationship manager, broker, sales trader, investment manager, wealth advisor and members of the Client Service team. Information which you enter that will be accessed by members of your J.P. Morgan team includes information relating to assets held at other institutions and other personal information.
23.7 Access by your Advisors
(i) If you would like to grant your advisors access to the Online Service, please contact your client service team to make the appropriate arrangements. If you grant access to such specified third parties, they will be able to view all information related to you and your accounts (including family member accounts and other accounts that are linked to your accounts) and assets provided through various designated sections of the Online Service (the "Client Information"), as well as any other information provided by those sections of the Online Service ("Other Information").
Any authorized third party whom you permit access to the Web site will also be able to print out any Client Information or Other Information.
(ii) Your Responsibilities
After you have granted your Agent(s) and/or Attorney(s)-in-Fact access to the Online Service by making the necessary arrangements through your client service team, your Agent(s) and/or Attorney(s)-in-Fact will be given a user name and individually selected password, which we will transmit to them. It is your responsibility to ensure that your Agent(s) and/or Attorney(s)-in-Fact will not share their passwords with any person and will take all reasonable precautions to keep the passwords confidential and to prevent unauthorized access. Upon the conclusion of each session your Agent(s) and/or Attorney(s)-in-Fact must log off the Online Service to ensure that no one else can enter your account if they leave their computer unattended. You agree to take full responsibility for the consequences of any unauthorized access, including responsibility for all orders entered through and under each of your Agent's and/or Attorney-in-Fact's passwords. Any orders received by J.P. Morgan will be deemed to have been received by us at the time received and in the form received. You assume full responsibility for the disclosure of any confidential information by your employees, Agent(s), Attorney(s)-in-Fact or other third parties.
You must notify us or ensure that your Agent(s) and/or Attorney(s)-in-Fact notify us immediately by calling 866-265-1727 (or 302-634-5115) if you are an international client) if you or they become aware of:
You agree to hold us harmless from any loss or liability resulting from acting, purporting to act or disclosing any information in accordance with your authorization pursuant to electronic or other written instructions granting View Only, View and Update and View and Transact privileges on the Online Service to your Agent(s) and/or Attorney(s)-in-Fact.
- the loss or compromising of any password or other secure access information entrusted to your Agent(s) and/or Attorney(s)-in-Fact
- any unauthorized use of your password(s) assigned to Agent(s) and/or Attorney(s)-in-Fact
- any inaccuracies in your personal or account information
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24. Securities and Investment Advisory Services; JPMorgan Funds
Securities and investment advisory services are offered through J.P. Morgan Securities LLC ("JPMS"), member NYSE/FINRA/SIPC. JPMS is an affiliate of JPMorgan Chase Bank, National Association, and is a member of FINRA and SIPC.
Securities (including mutual funds) are not bank deposits and are not FDIC insured, nor are they obligations of or guaranteed by JPMorgan Chase Bank, National Association, or its affiliates. Securities (including mutual funds) involve investment risks, including the possible loss of the principal amount invested.
JPMorgan Funds are distributed by JPMorgan Distribution Services, Inc., member FINRA, which is an affiliate of JPMorgan Chase & Co. Affiliates of JPMorgan Chase & Co., including, among others, JPMorgan Chase Bank, National Association receive fees for providing various services to JPMorgan Funds and JPMorgan Distribution Services, Inc. An investment in the JPMorgan Funds Money Market Funds is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although such Funds seek to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the Funds. For additional information about the JPMorgan Funds, including charges and expenses, call 1-800-480-4111 for a prospectus. Please read the prospectus carefully before investing or sending money.
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25. Additional Terms Applicable to Personal Financial Management Software Users and Use of Other Third Party Software (for Asset Accounts)
The Personal Financial Management Service ("PFM Service") allows you to use personal financial management software ("PFM Software"), such as Quicken® or QuickBooks®, to access the Online Service to make bill payments and transfers and access account information such as balance and transaction history. This Section sets forth additional terms and conditions that apply whenever you use or permit any other person(s) or entity to use the PFM Service. See also the Section on General Terms Applicable to Transfer Services for additional terms and conditions that apply to use of the PFM Service to make transfers. The terms and conditions contained in this Section are limited to use of the PFM Service, and do not include use of products and services directly accessible through the Online Service without the use of PFM Software. The Online Service utilizes current releases of Quicken® and QuickBooks®, as may be made available from time to time from the respective software manufacturer. You are responsible for obtaining and maintaining any PFM Software that is required for operation of the PFM Service.
Quicken® (and QuickBooks®) are registered trademarks of Intuit Inc.
25.1 The PFM Service
The PFM Service allows you to make transfers between accounts held by us, to make bill payments and to access account information. To activate the PFM Service you must have a checking, AMA or credit card account with us. Other services that may be available directly through the Online Service (including but not limited to, the Overnight Checksm Service; wire transfers; payroll and tax payment services; transfers to or from accounts not held by us) are not available via your PFM Software.
Information about activity is synchronized between your PFM Software and our website. You may access such information directly through the Online Service, including information about payments and transfers initiated through your PFM Software. Transfer and payment information via your PFM Software may differ from the information that is available directly through the Online Service. Information available directly through the Online Service may not be available via your PFM Software, may be described using different terminology, or may be more current than the information available via your PFM Software. The method of entering Instructions via your PFM Software may also differ from the method of entering Instructions directly through the Online Service. We are not responsible for such differences, whether or not attributable to your use of PFM Software.
25.2 PFM Service Fees
In addition to any other fees set forth in the Agreement, there is a monthly service fee ("PFM Service Fee") for Business customers who subscribe to the PFM Service. The PFM Service Fee is $9.95 each month. You authorize us to deduct the PFM Service Fee each month, from the eligible business checking account or asset management account you designate as your Primary Account.
The PFM Service Fee is in addition to any regular transaction fees that may be in effect for your account(s). If there are insufficient funds in your Primary Account, you authorize us to charge any other account of yours with us in order to pay such fees and charges.
25.3 Cancellation of Your PFM Service
You can cancel the PFM Service by calling 1-877-242-7372. When you call us, we may also require you to put your request in writing. You should cancel any Pending payments prior to canceling the PFM Service. When you cancel the PFM Service, you will no longer be able to access any of your PFM Service features via your PFM Software. You will still be able to access the Bill Payment Service via the Online Service unless you also specifically request cancellation of the Bill Payment Service. If you specifically request cancellation of the Bill Payment Service, you will no longer be able to access it either via your PFM Software or directly through the Online Service. Cancellation of the Bill Payment Service does not automatically cancel your PFM Service unless you specifically request cancellation of the PFM Service; FEES APPLICABLE TO THE PFM SERVICE WILL CONTINUE TO APPLY UNTIL YOU CANCEL THE PFM SERVICE. You will not receive a refund of any PFM Service Fee if your PFM Service is cancelled.
25.4 Use of Other Third Party Software for Asset Accounts
If you are an asset account holder, you may be given the ability to use third party software (such as Quicken or TurboTax) to access information regarding your accounts and transactions. We are not responsible for the use, interpretation, or presentation of information through such third party software or any data, reports, advice or other information produced by such third party software (including without limitation any data, reports, advice or information created for tax filing purposes) notwithstanding that we may allow or recommend certain third party software to access such information for asset account download purposes.
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26. General Terms Applicable to the Transfer Service
Your use of the Online Service to issue instructions to us to make transfers between two eligible accounts held by us ("Internal Transfer Services") or to or from accounts not held by us ("External Transfer Service") (collectively, the "Transfer Service") or allowing another to use the Transfer Service means that you agree to the following terms and conditions set forth in this Section. You agree that you will not use this service for International ACH Transactions, which are prohibited under this Agreement. The addresses, telephone numbers, and other information, rights and responsibilities contained in this Addendum are limited to Transfer Service related activities, and do not cover other types of electronic fund transfers by which you may be able to access your bank accounts except as may be specifically otherwise noted herein. Please refer to the documentation that you receive for those services for that information.
To activate the External Transfer Service you must have at least one eligible deposit, investment account, line of credit, mortgage, installment loan or auto loan account with us, but to use the Internal Transfer Service, you must have at least two eligible accounts with us from which you may transfer money ("funds"). The following basic features and functions are available to you and may be performed by you when you use the Transfer Service with your Password:
Note: Any transfer made from any of your savings accounts by using the Online Service is a restricted transfer subject to certain limitations. Please refer to our Deposit Account Agreement for full details. Additionally, any transfer made through the External Transfer Service from any line of credit account will be treated as an advance on such line of credit, and in addition to accruing interest under the terms of your line of credit agreement, will also be subject to all other terms and limitations on advances thereunder.
- Transfer funds among your accounts linked for access through the Transfer Service. Note: Not all accounts are eligible to be linked for transfer via the Transfer Service. We reserve the right to limit transfer eligibility to certain types of accounts and to change such eligibility from time to time.
- Advance credit from your line of credit accounts to other accounts linked for access through the Internal Transfer Service. Note: Credit advances taken on your line of credit accounts using the Transfer Service will be treated as extensions of credit under your credit agreement with us, and subject to all restrictions and limitations contained therein.
- Transfer funds to and from certain of your External Accounts through the External Transfer Service (as defined below).
You agree to be bound by and comply with such other written requirements as we may furnish to you in connection with your deposit accounts and other products that may be accessed via the Transfer Service, including without limitation, your Deposit Account Agreement, mortgage, auto, installment loan, or line of credit agreements. In the event of a conflict between the terms applicable to this Addendum and these agreements, the terms and conditions of this Addendum shall control.
As used in this Agreement, the following terms have the following meanings:
- "Business Day" refers to Monday through Friday, excluding federal holidays. For purposes of transfers to or from Investment accounts via the Internal Transfer Service, "Business Day" also excludes Good Friday.
- "Cancelled" means when a transfer will neither be processed nor sent for any reason;
- "Completed" means, with respect to the Internal Transfer Service, when a transfer has been successfully processed and both To and From Accounts have been updated. As it relates to the External Transfer Service, "Completed" means we have sent a request to transfer funds to the financial institution holding your External Account and the financial institution has not rejected our request to transfer funds on your behalf within the time established by banking institutions. It does not mean funds have necessarily been received into your To Account;
- "Current Day" refers to transfers from an account held by us that are scheduled with a present day Send On date (i.e., the transfer is scheduled to begin processing the same date as the Instructions are entered); with respect to transfers to credit accounts and to or from Investment accounts, "Current Day" includes only those transfers which are initiated prior to the Cutoff Time;
- "Cutoff Time" means 7:30 PM Eastern Time on any Business Day for an internal transfer to a Chase mortgage; 8:00 PM Eastern Time on any Business Day for external transfers; and 11:00 PM Eastern Time on any Business Day for internal transfers, except in the case of Investment transfers. It is the time by which we must receive Instructions to have them considered entered on that particular Business Day. You may cancel Instructions until the Cutoff Time on the Send On date. The "Cutoff Time" for initiating a Current Day transfer to or from Investments is 1:00 PM ET on any Business Day. See the paragraph entitled "Cutoff Times" for additional details;
- "Deliver By date" means the date you would like your transfer delivered to your intended recipient (i.e., your Payee or your To Account).
- "External Account" means checking and savings accounts held by institutions other than us and registered for the External Transfer Service. The account holder of the External Account must be the same individual or business entity as the account holder of the deposit account or line of credit, mortgage, installment loan or auto account who is authorized to access the Online Service;
- "External Transfer Service" means the portion of the Transfer Service that allows you to issue Instructions to us for transfers to or from accounts not held by us;
- "From Account" means the account from which a transfer is being requested by you via the Transfer Service;
- "Funded" means when an amount to be transferred, via the Transfer Service, has been withdrawn from (or in the case of a line of credit, charged against) the available balance of your From Account;
- "Funding Failed" means when a transfer made via the Internal Transfer Service will not be delivered after a total of three unsuccessful attempts have been made to withdraw funds from the appropriate Pay From account or From Account on consecutive Business Days or when the financial institution holding your External Account notifies us that your attempted transfer from your External Account could not be completed;
- "Funds Needed" means when an Instruction made via Internal Transfer Service is not processed because the respective Pay From account or From Account had insufficient funds or available credit to complete the transaction after the first and/or second attempt to withdraw the funds;
- "Future Dated" means Instructions that are not scheduled to begin processing on the Current Day; only Business Days may be selected for Future Dated transfers;
- "In Process" means that a or transfer is no longer "Pending" or "Funded" and it cannot be changed or Cancelled;
- "Instructions" means the information provided by you to us for a transfer to be delivered to the Payee or To Account (such as, but not limited to, Payee or To Account name, account number, and Deliver By date);
- "Internal Transfer Service" means the portion of the Transfer Service that allows you to issue Instructions to us for transfers between two eligible accounts held by us;
- "Investment(s)" means certain non-FDIC insured accounts which are not held by JPMorgan Chase Bank, N.A., but which may be viewed via the Online Service;
- "Pending" means any Instruction that you have ordered to be made which has not been Cancelled by you before the Cutoff Time on the Send On date. All Future Dated bill transfers are "Pending" starting from the time you enter Instructions until the respective items are "Funded." A transfer to a credit account using the Internal Transfer Service is "Pending" until the Business Day following the Send On date;
- "Repeating" means automatic recurring transfers to the same Payee or To Account, respectively, for the same amount which you can authorize for transmission;
- "Returned" means a transfer through the External Transfer Service was rejected and not processed by the third party institution that holds your External Account;
- "Send On date" means the date we will begin the delivery process or the date we will send a request to withdraw funds from your External Account, and begin the delivery process. The Send On date may or may not be the date funds are withdrawn from your Pay From account.
- "Sent" means a transfer has successfully left our delivery system en route to the institution holding your External Account. This is not a confirmation that the Payee or such institution has received it;
- "To Account" means, the account to which a transfer is being requested by you via the Transfer Service;
- "Transaction Number" means the number that we send in response to your Instructions to confirm that your Instructions have been received by us; and
- "transfer" means any Instruction to move funds electronically from one account to another, or to advance funds from a line of credit to another account via the Transfer Service and/or Instructions that have been processed through the Transfer Service, as the context requires;
All of your transfers made through the Transfer Service will appear on the statement for your respective accounts.
26.3 Disclosure of Account Information to Third Parties
We may disclose information to third parties about your account or the transfers you make:
Our privacy notice, which includes details about our information sharing practices and your right to opt-out of certain information sharing, was provided to you when you opened your account. It can be viewed by clicking on the "Privacy Notice" link on any of our website pages.
- as necessary to complete transactions.
- in connection with the investigation of any claim you initiate.
- to comply with government agency or court orders.
- in accordance with your written permission.
- as otherwise permitted by the terms of our privacy notice.
26.4 Cancellation of Your Service
You can cancel the External Transfer Service, and continue using the Internal Transfer Service, or you may cancel the Internal Transfer Service, which will also automatically cancel the External Transfer Service, only by calling 1-877-CHASEPC (1-877-242-7372). It is your responsibility to cancel any Repeating or Future Dated transfers prior to cancelling the Transfer Service as these transfers will not be terminated unless you do so. When you cancel the Transfer Service, you will no longer be able to access any of your Transfer Service features, including without limitation, prior transfer information without re-enrolling in the Transfer Service. You will not receive a refund of any service fee if your External Transfer Service is cancelled. Such notice will serve to cancel your Internal or External Transfer Service only, not your entire Online Service nor your account relationships with us.
26.5 Cutoff Times
All Cutoff Times referenced in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of such Cutoff Times to eliminate the possibility of missing the cutoff. Instructions entered after the Cutoff Time with a Send On date that is the next Business Day may start to process immediately and will be Funded prior to the Send On date.
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27. Internal Transfer Service
(i) To use the Internal Transfer Service, you must maintain at least two eligible accounts with us, among which you may transfer funds - up to (A) your available balance plus any amount in your overdraft protection account; (B) your credit limit; or (C) from a home equity line of credit, up to a maximum amount of $100,000 daily. If you have selected a home equity line of credit secured by Texas homestead property as your From Account, the minimum allowed through the Service is $4,000.00.
(ii) You authorize us to charge your designated From Account for all transfers of funds that you initiate through the Transfer Service and you agree to have sufficient funds or available credit in your From Account on the Send On date for each such transfer you schedule. We will not be obligated to make any transfer you may request unless there are sufficient available funds or available credit in your From Account to cover the transfer on the Send On date. If there are insufficient available funds (or available credit) to cover a Current Day transfer, we will not retry the transaction and the transfer will be immediately rejected. In the case of Future Dated transfers, if sufficient funds are not in your account on the Send On date, we will automatically try to debit your account up to two (2) more times on the two (2) succeeding Business Days. For these attempts, a status of "Funds Needed" will appear online. After the third and final attempt, the transfer request will be Cancelled. A status of "Funding Failed" will appear online. We will send you an e-mail advising you of each failed attempt to charge your From Account.
(iii) Transfers to or from deposit accounts held by us: Current Day transfers to or from deposit accounts held by us that are made before the Cutoff Time will be effective immediately and the transferred funds will be available the same day to cover all transfers. Funds transferred to deposit accounts held by us and made after the Cutoff Time or on a non-Business Day will be available for immediate cash withdrawal at ATMs and for online transactions, however the funds will not be available to cover off-line payments such as paper checks until the next Business Day. The Deliver By date for any transfer received by us prior to the Cutoff Time will reflect a Current Day Business Day and any transfer received by us after the Cutoff Time or on non-Business Days will reflect the following Business Day's date. The Send On date will be the same as the Deliver By date. Transfers from deposit accounts held by us will be deducted from your From Account on the Send On date as soon as you receive the Transaction Number from us. Repeating transfers will be paid on the same calendar day of each transfer period, or on the prior Business Day if the regular Send On date falls on a non-Business Day. Future Dated transfers (including Repeating transfer(s) from deposit accounts held by us) will be deducted from your From Account on the Send On date.
(iv) Transfers to mortgage, auto, credit and student loan accounts held by us: Transfers to mortgage, auto, credit and student loan accounts may be made in amounts of up to the available balance in your From Account (plus any available balance in any associated overdraft protection account) per day. Only Business Days may be chosen for transfers to mortgage, auto, credit and student loan accounts held by us. Money transfers to such accounts must be received by us by the Cutoff Time to receive credit on that same Business Day; transfer requests to such accounts received on any non- Business Day or after the Cutoff Time on any Business Day will be processed on the next Business Day. Transfers to mortgage, auto and credit accounts held by us are reflected in the deposit account as soon as the transfer request is received by us but will not be reflected in the outstanding balances of the credit account until the Business Day following the Send On date.
(v) Transfers from credit accounts held by us: Current Day money transfers from credit accounts held by us will be reflected in your account as soon as we receive the transfer request. The minimum or maximum you will be able to withdraw via the Transfer Service is subject to the terms of your existing credit agreements with us. Future Dated and Repeating transfers cannot be made from credit accounts with us.
(vi) Transfers to or from Investments: The "Cutoff Time" for initiating a Current Day transfer to or from Investments is 1:00 PM ET on any Business Day. Current Day transfers from deposit accounts held by us to an Investment which are received by us before the Cutoff Time will be available for trading on the same Business Day (by 4:00 PM ET), but will not be reflected in your deposit or Investment account balances under the "My Accounts" tab within the Online Service until the following Business Day. Current Day transfers from an Investment to a deposit account held by us which are made before the Cutoff Time will be reflected in your Investment balance under the Investing tab within the Online Service on the same Business Day (by 4:00 PM ET) but may not be available in your deposit account nor reflected in any account balances under the "My Accounts" tab within the Online Service until the following Business Day. Current Day transfers between Investments which are received before the Cutoff Time will be processed and available for trading on the same Business Day (by 4:00 PM ET), but may not be reflected in your Investments balances under the "My Accounts" tab within the Online Service until the following Business Day. Repeating transfers are not available for Investment transfers. Submitting multiple transfer requests on the same day may result in no transfers being processed. To cancel or modify an existing transfer request, please contact Investment Services at 1-800-392-5749.
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28. External Transfers
(i) To use the External Transfer Service, you must maintain at least one eligible deposit, line of credit, mortgage, installment loan or auto account with us and at least one External Account, between which you may transfer funds. Transfers to or from External Accounts may be made in amounts of up to $10,000 per transaction or a maximum of $25,000 per day in the aggregate from all your combined accounts, except as otherwise noted below. If your From Account is a home equity line of credit secured by your Texas homestead, each transfer must be a minimum of $4,000. If you are a Premier Platinum, Private Wealth Management, Private Banking, or Business Banking customer, the following transfer limits apply to you in lieu of the foregoing:
|Per Transaction Limit
||Maximum Daily Limit
(all accounts in the aggregate)
|Private Wealth Management
(ii) You authorize us to charge your designated From Account with us for all transfers of funds that you initiate through the Transfer Service and you agree to have sufficient funds or available credit in your From Account on the Send On date to cover each such transfer you schedule and any fees that might be associated with such transfer. We will not be obligated to make any transfer you may request unless there are sufficient available funds or credit (including any available overdraft protection account you may have) in your From Account to cover the transfer on the Send On date. If there are insufficient available funds or credit to cover a Current Day transfer, we will not retry the transaction and the transfer will be immediately rejected. In the case of Future Dated Transfers, if sufficient funds are not in your account on the Send On date, we will automatically try to debit your account up to two (2) more times on the two (2) succeeding Business Days. For these attempts, a status of "Funds Needed" will appear online. After the third and final attempt, the transfer request will be Cancelled. We will send you an e-mail advising you of each failed attempt to charge your From Account.
(iii) Transfers between deposit accounts held by us and an External Account that we receive by the Cutoff Time on any Business Day will begin processing on the same day. Transfers to an External Account will be deducted from your From Account held by us on the calendar date and will usually be reflected in your External Account on the Deliver By date. Transfers from External Accounts are subject to the processing times of the financial institution holding your External Account. Instructions for transfers from External Accounts that we receive by the Cutoff Time on a Business Day will be sent to the holder of your External Account on the same day for processing.
(iv) Transfer instructions relating to External Accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to your deposit account held by us or your External Account shall be provisional until such credit has been finally settled by us or the third party institution which holds your External Account, as the case may be. You acknowledge that you have received notice of this requirement and of the fact that if we do not receive final settlement for a transfer for any reason, we shall charge back the amount of such transfer to the Transfer To or From Account (as applicable) or any other of your accounts or claim a refund from you.
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29. Accounts with Multiple Owners/Signers
Transfers should not be requested from any account that requires two or more signatures. You agree not to change the account documentation to require two or more signatures until you have first notified us at the phone number or address in the paragraph entitled "Your Liability for Unauthorized Transfers" to terminate access to such accounts. No such change will be effective as to your Online Service until we receive the notice and have a reasonable opportunity to act.
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30. Internal Transfer Service Fees
If we process an Internal Transfer in accordance with your Instructions that overdraws your account, we may assess a fee or charge interest for any such overdraft in accordance with the terms of your Deposit Account Agreement. In addition, you will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Online Service. If you use personal financial management software to access your accounts (such as Quicken® or Quickbooks®), a fee may be charged for the use of those services and additional service terms and conditions may apply.
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31. External Transfer Service Fees
We do not charge any fees for making External Transfers. Fees are subject to change from time to time upon notice to you as may be required by law. If we process a transfer in accordance with your Instructions that overdraws your account, we may assess a fee or charge interest for any such overdraft in accordance with the terms of your Deposit Account Agreement.
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32. Repeating and Transfers
In order to authorize a Repeating transfer, you agree you have a printer or other means to obtain a printed copy of your authorization for your records. If you do not have a printer, you agree to continue to authorize a Repeating transfer on a transfer by transfer basis until you have means of printing a copy of your authorization for your records.
If you order us to stop a Repeating transfer three (3) Business Days or more before the Send On date, and we do not do so, we will be liable to you for those losses or damages as provided by law. If you desire to cancel a Repeating transfer, you should cancel your transfer online. If for any reason you cannot access the Transfer Service, you may also call or write online customer service at the phone number or address set forth in the paragraph entitled "Your Liability for Unauthorized Transfers". If you call, we may also require you to present your request in writing within fourteen (14) days after you call.
NOTE: If you are using the Transfer Service to schedule a Repeating transfer in order to pay your line of credit, mortgage or auto account, you are responsible for updating any changes to the monthly payment amount.
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33. The following additional terms apply whenever you use the Online Service to make transfers: to or from a consumer deposit account via the Online Service. A consumer account is one that is used primarily for personal, family or household purposes; all other accounts are business accounts. If you perform transactions from business accounts while utilizing the Online Service, please refer to the paragraphs beginning with "ADDITIONAL TERMS APPLICABLE ONLY TO TRANSFER SERVICES FOR BUSINESS ACCOUNTS" for additional terms applicable to business transactions. If you perform transactions from a home equity line of credit account, please see your home equity line of credit documents for information about your liability for unauthorized charges.
33.1 Your Liability for Unauthorized Transfers
If you permit other persons to use the Transfer Service or your Password, you are responsible for any transactions they authorize from your accounts. If you believe that your Password has been lost or stolen or that someone has made transferred or may transfer money from your account without your permission, notify us AT ONCE, by calling 1-877-242-7372 (J.P. Morgan Online clients only, call 877-840-0723) or writing us at Online Customer Service, P. O. Box 2558, Houston, TX 77252-9968.
For Credit Accounts and Investment Accounts: Please refer to your applicable product agreement for terms and conditions regarding your liability for unauthorized transactions or other errors or questions relative to those accounts.
For Consumer Deposit Accounts Only: Tell us AT ONCE if you believe your Password has been lost or stolen or that an unauthorized online transfer has been made from any of your deposit accounts. Telephoning us is the best and fastest way of keeping your possible losses to a minimum. If you do not do so, you could lose all the money in each of the accounts, as well as all of the available funds in any overdraft protection account or any other credit line included among your accounts. If you tell us within two (2) Business Days after you discover the loss or theft, you are completely covered if someone makes a transfer without your authorization.
If you do not tell us within two (2) Business Days after you discover the loss or theft of your Password or that an unauthorized online transfer has been made from any of your deposit accounts, and we can prove we could have stopped someone from making a transfer without your authorization if you had told us, you could lose as much as $500. Furthermore, if any deposit account statement shows online transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after a statement showing such a transfer was transmitted to you, you may not get back any money you lost after the sixty (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, such as a long trip or hospital stay, kept you from telling us, we will extend the time periods.
33.2 Our Liability for Failure to Complete Transfers: For Consumer Deposit Accounts Only
If we do not complete a transfer to or from a consumer deposit account in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:
(A) If, through no fault of ours, your account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft for such account.
(B) The Transfer Service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer and it was evident to you at the time you began the transfer.
(C) Circumstances beyond our control, such as fires, floods, acts of God, power outages and the like.
(D) For External Transfers, the third party financial institution holding your account, mishandles or delays processing or posting a transfer sent by the Transfer Service.
(E) If you have not provided us with the correct transfer information, including without limitation the financial institution name, account number, and transfer amount for a transfer.
The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances where we would not be liable.
33.3 Errors and Questions about the Transfer Services: For Consumer Deposit Accounts Only
In case of errors or questions about your electronic transfers to or from your consumer deposit accounts you should telephone or write us as soon as you can, at the address or phone number set forth in the section above entitled "Your Liability for Unauthorized Transfers" if you think that your statement is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and the account number(s) of the account(s) involved.
- Describe the error or the transfer you are uncertain about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days.
We will give you the results of our investigation within 10 Business Days (or 20 Business Days if your account was opened less than 30 days prior to the date of the suspected error) after we hear from you. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days (or 90 days if your account was opened less than 30 days prior to the date of the suspected error) to investigate your complaint or question. If we decide to do this, we will credit the account in question within 10 Business Days (or 20 Business Days if your account was opened less than 30 days prior to the date of the suspected error) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Such crediting is referred to as a provisional credit. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit the account(s) that was the subject of your complaint. If the transaction complained of involves an account that is subject to margin requirements or is otherwise covered by Regulation T of the Federal Reserve Board, we will not provisionally credit the account involved.
We will tell you the results within three business days after completing our investigation. If we find there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we provisionally credit your account, we may take back the amount of any credit if we find that an error did not occur.
In case of errors or questions about your electronic transfers that appear on your External Account statements, please contact the financial institution that provided such statement to you in accordance with the terms and conditions of your External Account.
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34. Our Guarantee
34.1 The Online and Mobile Banking Guarantee – Only for Online and Mobile Transfers through the Transfer Service for Consumer Deposit Accounts Only
In the event that funds are removed from your consumer deposit accounts (i.e., checking or savings) with us without your authorization through the Transfer Service, we will reimburse you 100% if you tell us within two Business Days of your discovery of the unauthorized transaction. (See the paragraph above entitled “Your Liability for Unauthorized Transfers.)
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35. ADDITIONAL TERMS APPLICABLE ONLY TO TRANSFER SERVICES FOR BUSINESS ACCOUNTS
35.1 Linking Multiple Accounts – Business and Consumer
You may use Chase Online for Business Banking to access eligible accounts. These accounts may include accounts of affiliated, subsidiary, or non-affiliated businesses that may be added to your business subscription with the agreement of each such business (a "Multiple-Business Subscription"). You may be permitted to link consumer accounts to your Online Service profile provided: (i) the authorized signer on the business account is also an authorized signer on the consumer accounts to be linked and (ii) the consumer account information provided during linkage is accurate and can be validated.
35.2 Liability for Unauthorized Transfers for Business Deposit Accounts Only
You are responsible for all transfers that are authorized using your Online Service Password. If you permit other persons to use the Online Service or your Password, you are responsible for any transactions they authorize. NOTE: ACCOUNT ACCESS THROUGH THE ONLINE SERVICE IS SEPARATE AND DISTINCT FROM YOUR EXISTING SIGNATURE ARRANGEMENTS FOR YOUR ACCOUNTS. THEREFORE, WHEN YOU GIVE AN INDIVIDUAL THE AUTHORITY TO ACCESS ACCOUNTS THROUGH THE ONLINE SERVICE, THAT INDIVIDUAL MAY HAVE ACCESS TO ONE OR MORE ACCOUNTS TO WHICH THAT INDIVIDUAL WOULD NOT OTHERWISE HAVE SIGNATURE ACCESS. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
We shall have no liability to you for any errors or losses you sustain in using Online Banking except where we fail to exercise ordinary care in processing any transaction. We shall also not be liable for any failure to provide any service if the account(s) involved is no longer linked for the Transfer Services. Our liability in any case shall be limited to the amount of any funds improperly transferred from your Pay From account or From Account less any amount, which, even with the exercise of ordinary care, would have been lost.
Without regard to care or lack of care of either you or us, a failure to report to us any unauthorized transfer or error from any of your accounts within sixty (60) days of our providing or making available to you a bank statement showing such unauthorized transfer or error shall relieve us of any liability for any losses sustained after the expiration of such sixty-day period and you shall thereafter be precluded from asserting any such claim or error.
35.3 Errors and Questions about Transfer Services for Business Deposit Accounts Only
In case of errors or questions about your electronic transfers you should contact us as soon as you can by calling 1-877-242-7372 or writing us at Online Customer Service, P. O. Box 2558, Houston, TX 77252-9968 if you think that your statement is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent or otherwise made available to you the FIRST statement on which the problem or error appeared. Failure to so notify us will preclude you from being able to assert a claim based on such problem or error. Any errors reported to us will be investigated by us and we will advise you of the results of our investigation.
In case of errors or questions about your electronic transfers that appear on your External Account statements, please contact the financial institution that provided such statement to you in accordance with the terms and conditions of your External Account.
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Deposit accounts are FDIC insured to the fullest extent allowed by law.
JPMorgan Chase Bank, N.A. Equal Opportunity Lender