If a check or item is returned or payment is delayed as a result of any writing or marking that you or a prior endorser placed on the front or back of the check or item, you will be responsible for any cost and liabilities associated with such return or delay. In order to serve you better, and for quality assurance and other purposes, we reserve the right, but are not obligated to, record any customer service or other telephone calls between you and the Bank, and you consent to any recording. If you have any questions about our Fraud Prevention Services, our fees, or anything at all, we're always here to answer your questions. 7. You represent that you are an authorized user of the Mobile Device you will use to access the Digital Wallet Service. We also may refuse to allow a withdrawal if there is a dispute about the Account (unless a court has ordered us to allow the withdrawal), the Account is garnished or attached, the Account has been pledged as collateral for a debt, the availability of the funds on deposit cannot be verified, any required documentation has not been presented, or you fail to repay an obligation to us on time. THIS AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES (WITH THE ABOVE-LISTED EXCEPTIONS) IS ENTERED INTO PURSUANT TO THE TEXAS CIVIL PRACTICE AND REMEDIES CODE, CHAPTER 171, THE TEXAS GENERAL ARBITRATION ACT, AND AS NECESSARY, PURSUANT TO THE FEDERAL ARBITRATION ACT 9 USC, 1-16. (iii) Health Savings Account We can serve as your custodian for a Health Savings Account. Even if not otherwise required, Frost will reimburse you up to $500 for any initial arbitration filing fees you have paid. (Stop Payment Orders for Checks). Checks used in these types of transactions will not be returned with your statement. The following terms apply to deposits made to your Account(s): (1) Endorsements You authorize us to accept transfers, checks and other items for deposit to your Account if they are made payable to, or to the order of, any one (1) or more of you, whether or not they are endorsed by you; however, we may, at our option, require your personal endorsement prior to accepting an item for deposit. If you do and the check is presented for payment before the actual date on the check, we may pay it or return it unpaid. Frost is the banking, investments and insurance subsidiary of Cullen/Frost Bankers, Inc. (NYSE: CFR), a financial holding company with $21.8 billion in assets at September 30, 2012. You authorize us to request and obtain one (1) or more credit reports about you from one (1) or more credit reporting agencies for the purpose of considering your application for the Account, reviewing or collecting any Account opened for you, or for any other legitimate business purpose. A copy of the Substitute Check or the following information to help us identify the Substitute Check: the check number, the name of the person to whom you wrote the check, and the approximate amount of the check. (13) Re-presented Checks You may authorize a merchant to create an electronic withdrawal from your Account for the amount of your check when the original paper check is returned to the merchant for insufficient or uncollected funds. (ii) Convenience Account This type of Account is often used with family members when the owner needs help managing the Account, or simply wants a contingency signer. You may contact the Frost Bank Customer Service Call Center at 1-800-513-7678 with questions about your Account(s). (b) Community Property without Right of Survivorship In Texas, this type of Account only applies to persons who are married to each other, both of whom need to be named on the Account. Once the Account information for a Payment Card has been stored in accordance with the Digital Wallet procedures, it is represented by a Mobile Card within the Digital Wallet function. Q. (6) Power of Attorney (i) Stop Payment Rights If you have told us in advance to make regular electronic funds transfers or ACH transactions out of your Account(s), you can stop any of these payments. If you change any phone number you have provided to Frost or any Frost third-party service provider, for any reason, you agree to immediately notify Frost to ensure that the above communications are not interrupted or inadvertently delivered to another recipient who may be reassigned your prior phone number. Any attempt to do so is a violation of the rights of Frost and its Third-Party Licensors. Electronic Image means a digital or electronic representation of an Original Check that is a Sufficient Copy and meets all of the Standards and is submitted by you to Bank for processing and collection as a Substitute Check. If your loss exceeds the amount of the Substitute Check, you may be able to recover additional amounts under law. You acknowledge that use of an ineligible Mobile Device with the Digital Wallet Service is expressly prohibited, constitutes a breach of these terms and is grounds for Frost to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Digital Wallet Service. The customer authorizes Bank to make such adjustments by credit or debit transaction to customers Account(s), electronically or otherwise. We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. Some banks will simply convince you to open accounts to avoid a hefty fee-cashing fee. You agree to be liable to us for any loss, costs, or expenses, including, without limitation, reasonable attorneys fees, that we may incur as a result of any conflicting instructions, dispute or legal proceeding involving your Account. ARC conversion may occur when you mail your check to a biller (e.g., credit card company, utility company) who uses the check information to initiate an electronic debit against your Account and may, at the billers discretion, destroy your check. K. Time Deposits Frost reserves the right, for any reason, to discontinue offering or supporting any Mobile Card and/or the Digital Wallet Service. Frost retains historical copies of the Agreement for a period of ten (10) years. In addition, we may also place a Hold on some or all of the funds in your Account, or on particular transactions on your Account, without any liability to you, in accordance with our obligations under Texas Finance Code Chapter 280 (Protection of Vulnerable Adults from Financial Exploitation) to investigate and report suspected incidents of financial exploitation against vulnerable adults as defined under that law, which includes adults who are sixty-five (65) years or older or a person with a disability. More than $1,500. Box 1600, San Antonio, Texas, 78296 in time for us to receive your request three (3) Business Days before the transfer is scheduled to be made. Bottom Line. and even recommend an amount for you to put on ice - without breaking the bank! If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. A. This obligation includes disputes between you and us involving your Account and situations where we become involved in disputes between you and an authorized signer, a joint owner, or a third party claiming an interest in your Account. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this Electronic Funds Transfer disclosure. However, you are still liable for all uses of the Mark, regardless of whether you have provided a sample of the Mark to us. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. We will not be liable for the dishonor of any Item when the dishonor occurs because we setoff a debt against your Account. For cash reporting purposes, Frost Bank accepts passports and the Matricula Consular Card. K. Funds Availability Hold means funds deposited into your Account that are not yet eligible for withdrawal under our funds availability rules set forth in this Agreement. KeyBank. Q. The termination of this Agreement and closing of an Account will not release you from any fees or other obligations incurred prior to the date upon which this Agreement is terminated and the Account closed, any fees assessed by us in the process of closing an Account, or from your responsibility to maintain sufficient funds in your Accounts to cover any outstanding checks or other debit items. Wells Fargo Check Cashing Policy For Non-account Holders. Once the funds are available, you can withdraw the funds in cash and we will use the funds to pay Items and transactions drawn on your Account. You may change your phone number by following the steps outlined at www.frostbank.com. You may place a stop payment on certain future recurring pre-authorized debit card transactions by providing us your debit card number, merchant name, and transaction amount. We will not be liable to you for refusing such a deposit. We may charge your Account a fee for each Legal Process. See how easy it is to deposit checks with the Frost App for iPhone and Android devices. Your Digital Wallet may provide you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks. The arbitrator(s) will decide the dispute in accordance with applicable Texas law, including recognized principles of equity and statutes of limitations, statutes of repose and conditions precedent to suit, and will honor all claims of privilege recognized by law. An uncashed check can be good for a very long time, but it will depend on the type of check and the bank involved. For New Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. We may pay interest at different rates, depending on the amount deposited and the type of depositor (individual, business, non-profit organization, etc.). Cash the check at a check-cashing store. Should a drawee financial institution return an item to us unpaid, we will charge your respective Account for such returned item and may either: (1) return the item to you; or (2) re-present it to the drawee financial institution before returning it to you. As a KeyBank client, check-cashing services are available anytime, without a check-cashing fee. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will provide you with an estimate of when the funds will be available. We reserve the right to change the terms and conditions upon which our services are offered. These electronic funds transfers are generally governed by regulations issued by the Federal Reserve Board of Governors. (2) Account Changes Each Account Holder or person authorized to sign on the Account is required to notify us in writing if any Account Holder or other person authorized to sign on the Account dies or is declared incompetent by a court. (4) Substitute Checks Deposited by You Should you receive a valid Substitute Check from someone else that has not yet been collected, you may deposit that Substitute Check in the same manner as you would deposit an Original Check you received. If a court or arbitrator finds any provision of the Agreement to be invalid or unenforceable, such finding shall not make the rest of the Agreement invalid or unenforceable. You further represent that you do not derive any of your income from entities that are engaged in in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). In any case, you will get an Account statement at least quarterly. Compounding generally means that interest is being accrued on interest previously earned but not yet paid. If we do place a Hold on your Account, we may give notice as required by the laws governing your Account. Means that interest is being accrued on interest previously earned but not yet paid consequential. Frost App for iPhone and Android devices historical copies of the Mobile Device you will get an statement. Will reimburse you up to $ 500 for any special, incidental, exemplary, punitive or losses. 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