Provisional Payment Disclosure
Credit given to you with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that the Bank is entitled to a refund of the amount credited to your account. The party paying you (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association (“NACHA”), which sets the rules for the ACH transactions regarding your account, we are not required to give next-day notice to you of receipt of an ACH item, and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide you.
Choice of Law Disclosure
We may accept on your behalf payments to your account that have been transmitted through one or more ACHs. These payments are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Delaware as provided by the operating rules of NACHA, which are applicable to ACH transactions involving your account.
In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006, you cannot use your account or relationship with the Bank to accepts credit, funds, instruments or other proceeds from another person in connection with unlawful Internet Gambling. When the Bank has "actual knowledge" of you participating in restricted transactions, the Bank may use its judgment to deny access to the bill payment feature and/or close your account.