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telephone. Your obligations under this Agreement continue even
after the account is closed. You must destroy all cards, access
checks or other credit devices on the account when the account is
closed.
When your account is closed, you must contact anyone authorized
to charge transactions to your account, such as internet service
providers, health clubs or insurance companies. These transactions
may continue to be charged to your account until you change the
billing. Also, if we believe you have authorized a transaction or are
attempting to use your account after you have requested to close
the account, we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We may deny any transactions for any reason at our discretion. We
are not liable for any refusal to honor your account. This can include
a refusal to honor your card or account number or any check written
on your account. We are not liable for any retention of your card by
us, any other financial institution, or any provider of goods or
services.
RECURRING PREAUTHORIZED TRANSACTIONS
Recurring preauthorized transactions occur when you authorize a
merchant to automatically initiate a transaction using your account
on a recurring basis. If we issue a new credit card with a different
number or expiration date to you, we may (but are not obligated to)
provide your new card number and expiration date to Visa or
Mastercard, depending on which card is associated with this
account, who may provide it to the merchant with whom you have
set up a recurring preauthorized transaction in order to continue
your recurring preauthorized transactions. You will want to confirm
with the merchants that they have your new card information.
LIMITATIONS/WARNINGS
PURPOSES FOR USING YOUR ACCOUNT
You may not use this account to make a payment on this or any
other credit account with us or our affiliates. You may not use or
permit your account to be used to make any illegal transaction. You
will only use your account for transactions that are legal where you
conduct them. We may charge your account for such transactions.
We will not be liable if you engage in an illegal transaction. We may
deny authorization of any transactions identified as Internet
gambling. You may not use your account to conduct transactions in
any country or territory, or with any individual or entity that is
subject to economic sanctions administered and enforced by the
U.S. Department of the Treasury's Office of Foreign Assets Control
(OFAC). Use of your account in those countries will be blocked.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks, account
number, or other credit device with the authorization to obtain
credit on your account, you will be liable for all transactions made
by that person including transactions for which you may not have
intended to be liable, even if the amount of those transactions
causes a credit line to be exceeded.
You may authorize any person to use your account in the following
ways: (1) by lending or otherwise intentionally making your card,
access checks, account number, or credit device accessible to
another; (2) by requesting us to formally add a person to your
account as an Authorized User; or (3) by any other ways in which
you would be legally considered to have allowed another to use your
account or to be legally prevented from denying that you did so.
An "Authorized User" means any person that you have formally
requested we add to your account and to which we have approved.
If approved, use of your account by such Authorized User is subject
to the terms of this Agreement. You agree that an Authorized User
may have the same access to information about the account as you
do and that we may discuss your account with an Authorized User.
An Authorized User may take advantage of benefits associated with
your account, but may not add any other person to your account.
In order to request that we add an Authorized User to your account,
you must: (1) be eligible to add a person to your account; (2)
acknowledge to us that you have obtained the express permission
of the person to be added to the account and that certain
information about that person will be shared with us; (3) provide us
with that person’s information, which may include full legal name,
date of birth, social security/tax identification number, primary
address, their relationship to you, and citizenship status; and (4)
inform that person that we report the account to the Consumer
Reporting Agencies, which means the account and account activity
may appear on that person’s credit report. If the request is
approved, you must make and provide a copy of this Agreement to
the Authorized User.
Think carefully before you allow anyone to use your card, access
checks, account number, or other credit device. By doing so, you
authorize that person to use your account to the same extent that
you can and they may have the same access to information as you
do, including but not limited to making Purchases, Balance
Transfers, Cash Advances, and allowing others to use your account.
Your account does not permit you to limit the nature or amount of
authority you give to any person you have authorized to use your
account and you will not attempt to do so. The authority you have
granted to such person will continue until you notify us that you are
terminating the authority and you physically retrieve the card,
checks or other credit device.
When we send you account materials (cards, statements, and
notices), you will be responsible for delivering those materials to
any person associated with your account and any authorized users
of your account. Notice to any of you will be considered notice to all
of you.
ACCESS CHECKS
You may request a stop payment on an access check by providing
us with the access check number, dollar amount, and payee exactly
as they appear on the access check. Oral and written stop payment
requests on an access check are effective for six months from the
day that we place the stop payment.
You may not issue a postdated access check on your account. If you
do postdate an access check, we may elect to honor it upon
presentment or return it unpaid to the person that presented it to
us for payment, without in either case waiting for the date shown
on the access check. We are not liable to you for any loss or
expense arising out of the action we elect to take.
MISCELLANEOUS
OVERDRAFT PROTECTION
If your eligible deposit account with Bank of America is linked to
this account, this overdraft protection feature (which may also be
referred to as Balance Connect®) will allow funds to be transferred
(overdraft protection transfers) from this account into your
designated deposit account with Bank of America when
transactions occur on your deposit account, such as checks or other
debits, that, if paid, would cause the deposit account to be
overdrawn (overdraft transactions). Overdraft protection transfers
include automatic transfers to cover deposit account fees.
Overdraft protection transfers are processed after close of business
Monday through Friday and are treated as Overdraft Protection
Cash Advances.
Each day’s overdraft transactions to be funded by this account will
be totaled up to your available Cash Credit Line, regardless of who
initiated the overdraft transactions. For example, if your deposit
account has a balance of $5.00 and a check or other debit item for