Brilliant Bank, a division of Equity Bank, is the provider of your account(s), and your account(s) is governed by this Brilliant Bank Deposit Account Agreement (the "Agreement"). In this Agreement, the words "we," "our," and "us" mean Brilliant Bank, a division of Equity Bank, and the words "you" and "your" mean the account holder(s). Brilliant Bank, a division of Equity Bank, shares processing software for some transactions. You may receive communication from Equity Bank and some transactional activity may show Equity Bank on your Brilliant Bank account activity and statements. Please read this Agreement carefully and retain it for future reference.
THIS AGREEMENT REQUIRES DISPUTES BETWEEN YOU AND US TO BE RESOLVED IN INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THE DISPUTE RESOLUTION SECTION IN THE FINAL PAGES OF THIS AGREEMENT FOR DETAILS, INCLUDING ON HOW TO OPT OUT OF ARBITRATION.
Your Agreement includes the following other agreements, documents, and disclosures provided below in this document, each as amended from time to time:
Your Agreement also includes the following other agreements, documents and disclosures, which we have provided to you separately, each as amended from time to time:
Additional terms applicable to your use of the account(s) are provided to you separately in the Brilliant Bank Online Banking Agreement.
This Agreement is subject to applicable federal laws, the laws of the state of Kansas, the operating letters of the Federal Reserve Banks, and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws).
A "business day" under this Agreement is defined as Monday through Friday, excluding federal holidays
The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Nothing in this Agreement is intended to vary our duty to act in good faith and with ordinary care when required by law. You agree that each account will be used primarily for personal, family and household purposes only and not for business use. We may terminate the account if we determine that it is being use for business purposes.
TERMS AND CONDITIONS OF YOUR ACCOUNT
Brilliant Bank is a division of Equity Bank and shares processing software for some transactions. You may receive communication from Equity Bank and some transactional activity may show Equity Bank on your Brilliant Bank account activity and statements.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, or apply for or register a new cardholder on the account, we will ask for your name, address, date of birth, social security number, and identifying documents, such as your driver's license.
LIABILITY - You agree the charges disclosed in this Agreement, including in the fee schedule. You authorize us to deduct such charges, without notice to you, directly from the account balance as such charges accrue on your account. You will pay any additional reasonable charges for services you request that are not covered by this Agreement.
You also are liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and we can deduct any amounts deposited into the account and apply those amounts to the shortage. You have no right to defer payment of this liability, and you are liable regardless of whether you signed or otherwise authorized the item or transaction or benefited from the charge or overdraft.
You will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner, or you and a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be deducted from your account when they are incurred, without notice to you.
DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error, counterfeit cashier's check or other problem which in our judgement justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
You can make deposits to your account(s) by mail. To do so, write on the back of your check "for deposit only, Brilliant Bank, a division of Equity Bank,", include the account number to which the check should be deposited, and mail the check to: PO Box 782378, Wichita, KS 67278]. You are not permitted to send us cash or foreign checks for deposit by mail, though if you do so we reserve the right to accept such deposits to your account. If we decline a deposit that you mail to us, we may return it to you at your cost (including charging you for postage and handling), or retain any invalid checks or other documents included in the deposit without crediting your account, at our discretion.
Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account's available balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this account or any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check without liability to you before the date of the check.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify it as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the federal Electronic Fund Transfer Act. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.
Notice of withdrawal - interest-bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal. Withdrawals from a money market deposit account or savings account will be limited to six per month without incurring a fee. Withdrawals over the six per month limit will be charged a fee.
UNDERSTANDING AND AVOIDING OVERDRAFT AND NONSUFFICIENT FUNDS (NSF) FEES -
Generally - The information in this section is being provided to help you understand what happens if your account is overdrawn. Understanding the concepts of overdrafts and nonsufficient funds (NSF) is important and can help you avoid being assessed fees or charges. This section also provides contractual terms relating to overdrafts and NSF (or returned item) transactions.
An overdrawn account will typically result in you being charged an overdraft fee or an NSF fee (or returned item fee). Generally, an overdraft occurs when there is not enough money in your account's available balance to pay for a transaction, but we pay (or cover) the transaction anyway. An NSF transaction is slightly different. In an NSF transaction, we do not cover the transaction. Instead, the transaction is rejected and the item or requested payment is returned. In either situation, we can charge you a fee.
Overdrafts - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account's available balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying, or not paying, discretionary overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. We will rely on how your merchants code your debit-card transactions to determine whether they are "one-time" or "recurring" debit-card transactions. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
Returned item fees - If an item drafted by you (such as a check) or a transaction you set up (such as an ACH transaction) is presented for payment in an amount that is more than the amount of money in your account, and we decide not to pay the item or transaction, you agree that we can charge you an NSF fee (or returned item fee) for returning the payment. Be aware that such an item or payment may be presented multiple times and that we do not monitor or control the number of times a transaction is presented for payment. You agree that we may charge you a returned item fee each time a payment is presented if the amount of money in your account is not sufficient to cover the payment, regardless of the number of times the payment is presented.
Balance information - Keeping track of your balance is important. You can review your balances in a number of ways including reviewing your periodic statement, reviewing your balance using online or mobile banking access, or accessing your account information by phone by calling us.
You may access your available balance at any time by accessing your account online or using the mobile banking app. Your available balance is our current record of the amount of funds available in your account for your use. Your available balance is all of your deposits less all of your posted and paid transactions and less holds, which may include holds for transactions that have been authorized but have not yet posted and holds on portions of deposits you have made pursuant to our funds availability policy.
We use your available balance to authorize your transactions during the day, for example, debit card transactions and ATM transactions. We also use your available balance to pay your transactions during regular daily processing of all types of payments permitted on your account. All credit transactions (or deposits) are processed first. Debits (or withdrawals) from your account are processed second, as follows: ATM and debit card transactions, then checks, then ACH payments. Within each category, items are processed from highest to lowest according the amount of the item.
When we authorize a transaction, it may be based on your available balance that does not yet reflect every transaction you have initiated, for example, outstanding checks or authorized withdrawals from your account that we have not yet received from merchants or other payees. When we later process all such transactions you may not have a sufficient available balance to pay all such transactions and may incur an overdraft fee or returned item fee.
When we authorize a debit card transaction, we may place a temporary authorization hold on funds in your account for the amount of the pending transaction. The funds subject to the hold will be subtracted from your available balance. If the merchant does not submit the transaction for payment by the time required, we will release the authorization hold and credit that amount back to your available balance. When the merchant submits the transaction for payment, we will credit the amount of the hold back to your account and then debit the transaction amount from your account. The amount of the debit transaction that we pay may differ from the amount of the authorization hold, for example, a restaurant that submits the authorization request for your meal before you add a tip. When we pay the transaction, we will decrease your available balance by the amount of paid transaction.
Funds availability - Knowing when funds you deposit into your checking account will be made available for withdrawal (meaning a part of your available balance) is another important concept that can help you avoid being assessed fees or charges. Please see our funds availability disclosures in this Agreement and in the Brilliant Bank Online Banking Agreement for information on when different types of deposits will be made available for withdrawal. You also can ask us when you make a deposit when those funds will be available for withdrawal.
An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item and you may incur applicable fees.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - This is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the number of signatures necessary for withdrawal.
Revocable Trust or Pay-On-Death Account - If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating either of these account types may: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of consumer electronic fund transfers are provided below in the section entitled "Electronic Fund Transfers Disclosure."
We may accept an order to stop payment on any item from any one of you. You can request a stop payment by contacting us at1-833-605-1037; PO Box 782378, Wichita, KS 67278; customerservice@brilliantbank. We must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Your stop-payment order must precisely identify the number, date, and amount of the item, and the payee.
You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
AMENDMENTS AND TERMINATION - We may change any term of this agreement, including by adding new terms or modifying or deleting existing terms. We will give you reasonable notice of any such change, in accordance with applicable law and your agreements with us. When we notify you of a change in any term of your account and you continue to have your account after the effective date of the change, you thereby agree to the change in term(s).
We may close this account at any time upon reasonable notice to you and tender of the account balance to you by check by mail. Items presented for payment after we close the account may be dishonored or paid in our sole discretion. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Items presented against your account after you close your account will be handled in accordance with the terms of this Agreement.
Rules governing changes in interest rates are provided with the disclosures related to earning interest on the account.
NOTICES - Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided in this Agreement or any other agreement we have with you. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee.
Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file, or when it is otherwise given to you in accordance with our agreements with you. Notice to any of you is notice to all of you.
STATEMENTS - Your duty to report unauthorized signatures, alterations and forgeries - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Brilliant Bank is a division of Equity Bank and shares processing software for some transactions. You may receive communication from Equity Bank and some transactional activity may show Equity Bank on your Brilliant Bank account activity and statements
Your duty to report other errors or problems - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers such as debit card, ATM, and ACH transactions, refer to the section below entitled "Electronic Fund Transfers Disclosure." For information on errors relating to a substitute check you received, refer to the section below entitled "Substitute Checks and Your Rights."
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement or your statement is not made available to you by the date you normally expect to receive it or have it made available to you. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.
ACCOUNT TRANSFER; SECURITY INTEREST - You may not transfer or assign, or grant a security interest in, this account without our prior written consent. This Agreement is binding on your personal representatives, executors, administrators, and successors and assigns.
DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
AUTHORIZED SIGNER - (Individual Accounts only). A single individual is the owner. The authorized signer is merely designated to conduct transactions on the owner's behalf. The owner does not give up any rights to act on the account, and the authorized signer may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the authorized signer. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf.
The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept the designation of an authorized signer.
RESTRICTIVE LEGENDS OR ENDORSEMENTS - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive endorsements or other special instructions on every check. For this reason, we are not required to honor any restrictive legend or endorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends placed on checks are "must be presented within 90 days" or "not valid for more than $1,000.00." The payee's signature accompanied by the words "for deposit only" is an example of a restrictive endorsement.
FACSIMILE SIGNATURES - Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused.
CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of endorsements unless you notify us in writing that the check requires multiple endorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders. Brilliant Bank is a division of Equity Bank and shares processing software for some transactions. You may receive communication from Equity Bank and some transactional activity may show Equity Bank on your Brilliant Bank account activity and statements.
CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
ENDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsement(s) for any item we accept for deposit or collection, and you warrant that all endorsements are genuine.
To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area. Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver's license number, etc.) must fall within 1½" of the "trailing edge" of a check. Endorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
It is important that you confine the endorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed endorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement.
These endorsement guidelines apply to both personal and business checks.
DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees and our internal expenses) may be charged against your account unless prohibited by applicable law. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.
ACCOUNT SECURITY -
Duty to protect account information and methods of access - It is your responsibility to protect the account numbers and electronic access devices we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. If you furnish your access device and grant actual authority to make transfers to another person who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself, except to the extent we failed to use ordinary care and substantially contributed to the loss.
Positive pay and other fraud prevention services - Except for consumer electronic fund transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for account holders that issue: a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts.
TELEPHONIC INSTRUCTIONS - Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.
MONITORING AND RECORDING TELEPHONE CALLS AND CONSENT TO RECEIVE COMMUNICATIONS - Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by phone call, text messaging or email. You give us your consent to contact you about your account using any phone numbers (including cell phone numbers) or email addresses that you provide us even if we call you about a different account than the one for which you provided us your cell phone number. Your consent is voluntary and not conditioned on the purchase of any product or service from us. We are not responsible for any charge you incur in connection with our use of such phone numbers. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.
If necessary, you may change any of your telephone numbers or email addresses that you have provided us at any time by using any reasonable means to notify us of such change. Brilliant Bank is a division of Equity Bank and shares processing software for some transactions. You may receive communication from Equity Bank and some transactional activity may show Equity Bank on your Brilliant Bank account activity and statements.
CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES - (and involuntary withdrawals). We may impose early withdrawal penalties on a withdrawal from a time account even if you don't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information.
CONTACT INFORMATION OR NAME CHANGES - You are responsible for notifying us of any change in your mailing address, email address or phone number, or your name, by contacting 1-833-605-1037; email@example.com. We will attempt to communicate with you only by use of the contact information you have provided to us.
RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Kansas. If you originate a funds transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.
You agree to be bound by National Automated Clearing House Association Operating Rules (NACHA Rules) with respect to automated clearing house (ACH) transactions. The NACHA Rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive final settlement of any ACH payment made to you, we are entitled to a refund from you in the amount previously credited to your account and the party originating such payment will not be considered to have paid the amount so credited.
Your ACH transactions are governed by the federal Electronic Fund Transfer Act and subject to our "Electronic Fund Transfer Your Rights and Responsibilities" section below.
If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit, except as required under the federal Electronic Fund Transfer Act.
UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship.
ADDITIONAL CARDHOLDER PROVISIONS
You are responsible for all authorized transactions initiated with use of your card(s). You should securely protect your card(s) and PIN(s) from loss or theft. You may be allowed to apply for an additional card(s) to be provided to a secondary cardholder(s). We will treat the transactions initiated by a secondary cardholder as authorized by you and you will be liable for all transactions related to such secondary cardholder. Each cardholder must have his or her own unique PIN and is responsible for keeping the PIN confidential. If the card or PIN is given to another person, you will, to the extent allowed by applicable law, be responsible for all transactions made by that person or anyone else to whom that person gives the card or PIN.
You agree that each card will be used primarily for personal, family and household purposes only and not for business use. We may terminate the card if we determine that it is being use for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
If a card is used to make a purchase outside of the United States, the network or merchant handling the transaction will convert the local currency amount of the transaction to U.S. dollars using a currency conversion rate. We may charge you an international purchase transaction fee for each such use outside of the United States.
We may cancel or suspend your card at any time without notice to you, and we may decide not to issue a card to you or replace a card. You may cancel your card at any time by calling the number on the back of your card. If the card is canceled, you must pay for any card transactions made before the card is canceled, and you will immediately destroy the card after it is canceled.
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to ACH debit funds from or ACH credit funds to your account on a one-time or recurring basis. When you authorize such a transfer, you provide the third party with your account number and bank information. You may authorize such transfers over the phone, using an online or mobile device, or on paper either in person or by mail. Examples of these transfers initiated by third parties include, but are not limited to:
Internet and Mobile Banking Transfers. You may access your account(s) using our website or mobile banking app to:
Limitations on Amount and Frequency. Transfers of funds from your account to an external account held at another depository institution are subject to the following limitations:
Debit Card Payments. If you are approved for a debit card, you may use your card for the following types of payments:
Fees. We charge the following fees for electronic fund transfers:
When you use an ATM, you may be charged a fee by the ATM operator or any network used, and you also may be charged a fee for a balance inquiry, which may be considered a separate transaction, subject to a separate fee, even if you do not complete a fund transfer or a withdrawal.
Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using a point-of-sale terminal.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (833) 605-1037 to find out whether or not the deposit has been made.
Periodic statements. We will make available to you a monthly account statement, unless there are no transfers in a particular month. In any case, we will make available to you a statement at least quarterly.
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If you have an overdraft line and the transfer would go over the credit limit.
- If the ATM where you are making the transfer does not have enough cash.
- If the ATM, online banking, or mobile banking was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
Confidentiality. - We will disclose information to third parties about your account or the transfers you make:
- where it is necessary for completing transfers; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- in order to comply with government agency or court orders; or
- if you give us your written permission.
(a) Consumer liability. Tell us AT ONCE if you believe your card, code and/or online or mobile banking access credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Calling is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card, code or online or mobile banking access credentials, you can lose no more than $50 if someone used your card, code and/or online or mobile banking access credentials without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card, code and/or online or mobile banking access credentials, and we can prove we could have stopped someone from using your card, code and/or online or mobile banking access credentials without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
(b) Contact in event of unauthorized transfer. If you believe your card, code and/or online or mobile banking access credentials have been lost or stolen, call or email us using our contact information below. You should also call or email us using such contact information if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Email using the contact information listed below in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure 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 orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involves a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involves a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involves a new account) 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. 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 credit your account.
Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that 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.
BRILLIANT BANK, A DIVISION OF EQUITY BANK
P.O. BOX 782378
WICHITA, KS 67278
Phone: (833) 605-1037
Business Days: Monday through Friday, Excluding Federal Holidays
REGULUATION CC FUNDS AVAILABILITY POLICY
This policy applies to checking accounts. This policy does not apply to deposits to your checking account using our mobile check deposit service. Funds availability rules for mobile check deposits are provided in your Brilliant Bank Online Banking Agreement.
Your Ability To Withdraw Funds
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 6:00 p.m. CST on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 p.m. CST or on a day we are not open, we will consider the deposit to have been made on the next business day we are open.
Longer Delays May Apply
In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the first business day.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
Special Rules For New Accounts
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the eleventh business day after the day of your deposit.
SUBSTITUTE CHECKS AND YOUR RIGHTS DISCLOSURE
What is a substitute check?
To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at:
Brilliant Bank, A Division of Equity Bank
Attn: Deposit Ops
P.O. Box 782378
WICHITA, KS 67278
You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include -
Claims subject to arbitration:Unless you opt out of arbitration in accordance with section __ below, you and we agree to arbitrate all disputes and claims between us, except as specified in section 2. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of any aspect of the relationship between you and us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory;
- claims that arose before this or any prior Agreement (including claims relating to advertising or disclosures for any of our products or services);
- claims for mental or emotional distress not arising out of bodily injury;
- claims relating to the retention, protection, use, or transfer of information about you or any of your accounts for any of our products or services;
- claims relating to communications with you, including emails and automatically dialed calls and text messages; and
- claims that may arise after the termination of this Agreement.
Claims not subject to arbitration: You and we agree that the following disputes or claims cannot be arbitrated:
- claims arising from bodily injury or death;
- claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo to a court of general jurisdiction, in which case either party may elect arbitration;
- claims to collect or challenge debts owed pursuant to an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or bank card agreement), in which case the dispute over the debt shall be governed by the dispute-resolution procedures set forth in that separate agreement or note; and
- disputes over the scope and enforceability of this arbitration provision, whether a dispute or claim can or must be brought in arbitration, or whether sections 4 or 7 of this arbitration provision have been violated.
This arbitration agreement does not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against you or us on the other's behalf. Nor does this arbitration agreement preclude either you or us from exercising self-help remedies (including setoff) and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute.
Pre-arbitration notice of disputes and informal resolution: either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute ("Notice"). The Notice to us should be sent by United States mail or professional courier service to: PO Box 782378, Wichita, KS 67278 ("Notice Address"). The Notice to you will be sent to your address on file with your Account. The Notice must (a) include your name, mailing address, phone number, and account number(s); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The Notice must be personally signed by you (if you are the claimant) or by a Brilliant Bank representative (if we are the claimant). To safeguard your account, you might be required to provide your authentication and consent for us to discuss your account or share your account information with anyone but you, including an attorney ("Authentication and Consent").
Whoever sends the Notice must give the other party 60 days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or we may request an individualized discussion (by phone or videoconference) regarding settlement ("Informal Settlement Conference"). You and we must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and a Brilliant Bank representative must personally participate, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled the Informal Resolution Period, which is the number of days between the date that a fully complete Notice (including Authentication and Consent, if required) is received and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested.
- Commencing arbitration: An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. A court will have authority to enforce this section, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitrations. Further, unless prohibited by applicable law, until the claimant has complied with the Notice and Informal Settlement Conference requirements of section 3, the arbitration provider shall not accept nor administer any arbitration or assess or collect fees in connection with an arbitration.
Arbitration procedure: The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association
("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations
consistent with this arbitration provision, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online
at www.adr.org or by writing to the Notice Address.
As in court, you and we agree that any counsel representing someone in arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the AA Rules, Federal Rule of Civil Procedure 11(b), or applicable federal or state law against all appropriate represented parties or counsel.
The arbitrator may consider rulings involving other customers, but an arbitrator's ruling is not binding in proceedings involving different customers. Except as provided in section 7 below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages, statutory attorney's fees and costs, and individualized injunctive relief) that a court could award. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your account. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or videoconference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you have complied with the requirements of sections 4 and 7 and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $1,000 in lieu of any smaller award. In determining whether you are entitled to the minimum $1,000 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys' fees or costs. Any disputes as to payment of the $1,000 minimum recovery shall be resolved by the arbitrator and must be raised within 14 days of the arbitrator's ruling on the merits.
Arbitration fees: We will pay all AAA filing, administration, case-management, hearing, and arbitrator fees ("AAA Fees") if we initiate an arbitration. If you initiate arbitration of claims valued at $75,000 or less, we will pay all AAA Fees, so long as you have fully complied with the requirements in sections 3 and 4. In such cases, we will pay the filing fee directly to the AAA upon receiving a written request from you at the Notice Address or, if the AAA requires you to pay the filing fee to commence the arbitration, we will send that amount to the AAA and request that the AAA reimburse you. If, however, the arbitrator finds that you have violated the standards of Federal Rule of Civil Procedure 11(b), then the allocation and payment of all AAA Fees will be governed by the AAA Rules.
Requirement of individual arbitration: The arbitrator may award relief (including damages, restitution, and declaratory and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief, consolidation, or class, representative, and private attorney general claims are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court after all other claims are arbitrated.
Future changes to Dispute Resolution provision: Notwithstanding any provision in this Agreement to the contrary, if we make any future change to this Dispute Resolution provision (other than a change to the Notice Address), you may reject that change by sending us written notice within 30 days of the notice of the change to the Notice Address provided above. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this Dispute Resolution provision, as amended by any changes that you did not timely reject.
Right to reject arbitration: If you do not wish to arbitrate, you have 30 days to reject this arbitration provision by sending a rejection notice to the Notice Address above ("Rejection Notice"). To be valid, a Rejection Notice must: (a) include your name, account number, and a personally signed statement that you are opting out of arbitration; and (b) be received by us within 30 days after the opening of your account. If your Rejection Notice complies with these requirements, sections 1-7 of this Dispute Resolution provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under this Agreement. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us.
Military Lending Act: you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your Agreement with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.
Forum selection: Unless you and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in Wichita, Kansas will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of this Dispute Resolution provision. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or improper venue, as well as any right to seek to transfer the action to another court.
Brilliant Bank’s Luminary Money Market is a variable rate money market with initial Annual Percentage Yield available for new depositors only. APR accurate as of website publication and subject to change.
Brilliant Bank’s CD is a certificate of deposit with initial Annual Percentage Yield available for new depositors only. Rate is accurate as of website publication and subject to change.