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suffer any other consequence. We will not assert, claim, or exercise any right of set-off against any account receiving a
direct deposit of social security or supplemental security income. If the law imposes conditions or limits on our ability to
take or set-off funds in your accounts, to the extent that you may do so by contract, you waive those conditions and limits,
and you authorize us to apply funds as we deem applicable. We consider this Agreement as your consent for us asserting
our security interest or exercising our right of set-off should any laws governing your Account require your consent.
NO ASSIGNMENT
Your Account is not transferable and is not assignable as collateral for a loan or for any other purpose.
ORDINARY CARE
You agree that any act or omission made by us in reliance upon or in accordance with any provision of the Uniform
Commercial Code as adopted in the state of Utah, or any rule or regulation of the state of Utah or a federal agency having
jurisdiction over us, will constitute ordinary care.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify and hold us harmless from any losses, damages, suits, and expenses, including reasonable
attorneys’ fees, which we may incur as a result of taking any action or not taking any action permitted under this
Agreement or relying upon your instructions or information from you.
You agree to reimburse us for all claims, costs, losses, and damages (including collection fees) we may incur when you do
not have sufficient funds in your Account or have returned deposited items to your Account.
Except as otherwise required by law, we are not liable to you for claims, costs, losses or damages: (i) resulting directly or
indirectly from our failure to act, or any delay beyond time limits prescribed by law or permitted by this Agreement; or (ii)
caused by your negligence, acts, or omissions of third parties, or an event that is beyond our reasonable control, including
but not limited to, the acts, or omissions of third parties, natural disasters, emergency conditions, government action, acts
of war, terrorism or civil strife, or equipment or communications malfunction. Except as otherwise required by law, we shall
be excused from any failure to act or delay as long as such circumstances prevail and we continue to make commercially
reasonable efforts to recommence performance.
Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any funds not
properly credited or debited. We are not liable for special, incidental, exemplary, punitive, or consequential losses or
damages of any kind. In any lawsuit brought by you against us or by us against you, the prevailing party in the lawsuit is also
entitled to recover reasonable attorney’s fees and court costs from the non-prevailing party.
This Indemnification and Limitation of Liability subsection does not, in any case, reduce our liability to you under applicable
law.
SEVERABILITY; RIGHTS CUMULATIVE; WAIVER
If any part of this Agreement is determined to be invalid or unenforceable under applicable law, such determination will not
affect the validity or enforceability of the remainder of this Agreement. Our rights under this Agreement are cumulative of
all other rights we may have by law or otherwise. We may delay or waive any rights we have under this Agreement in
accordance with applicable law. Any waiver by us of any rights under this Agreement or applicable law will not constitute a
waiver of the same or any other right or provision.
GOVERNING LAW
Your Account is opened at our Salt Lake City Branch. All actions relating to your Account, including this Agreement, will be
governed by the laws and regulations of the United States and the state of Utah, unless you are a New York resident, in
which case New York law will apply.
If any dispute arising under this Agreement or relating to your Account or relationship with us is not arbitrated, you consent
to the jurisdiction of, and agree that such dispute will be resolved by, the Third Judicial District Court, Salt Lake City, state of
Utah, or the United States District Court for the District of Utah. If you are a New York resident, to the extent any dispute
arising under this Agreement or relating to your Account or relationship with us is not arbitrated, you consent to the
jurisdiction of any federal court of the United States sitting in the borough of Manhattan or, if that court does not have
subject matter jurisdiction, in any state court located in the city and county of New York.