Nordstrom Bank Online Banking and Bill Pay Agreement

Table of Contents

      I.        Introduction

     II.        Accessing Your Account

                     A.        Equipment Requirements

                     B.        Registration

                     C.        Password

                     D.        Online Banking

                     E.        Bill Pay

                     F.        Contact by Nordstrom Bank

    III.        Using The Services

                     A.        Authorizations, Restrictions, Dollar Limitations

                     B.        Scheduling and Processing Online Banking Transfers

                     C.        Scheduling and Processing Bill Pay Payments

                     D.        Canceling Online Banking Transfers and Bill Pay Payments

                     E.        Liability for Failure to Cancel or Stop Payment

                     F.        Documentation

                     G.        E-Bills

    IV.        Other Electronic Transfer Provisions for Consumers

                     A.        Unauthorized Transactions

                     B.        Contact in the Event of Unauthorized Transactions

                     C.        Business Days

                     D.        Nordstrom Bank’s Liability

                     E.        Error Resolution Notice

                     F.        Disclosure of Account Information

     V.        Miscellaneous Terms

                     A.        Monthly Service Charges and Other Fees

                     B.        Termination

                     C.        Joint or Multi Party Accounts

                     D.        Change in Terms

                     E.        External email Address and Change in email Address

                     F.        Reservation of Rights

                     G.        Governing Law

    VI.        Terms and Conditions of the Bill Payment Service

                     A.        Service Definitions

                     B.        Payment Scheduling

                     C.        The Service Guarantee

                     D.        Payment Authorization and Payment Remittance

                     E.        Payment Methods

                     F.        Payment Cancellation Requests

                     G.        Stop Payment Requests

                     H.        Prohibited Payments

                      I.        Exception Payments

                      J.        Bill Payment and Presentment

                     K.        Exclusions of Warranties

                      L.        Password and Security

                     M.        Your Liability for Unauthorized Transfers

                     N.        Errors and Questions

                     O.        Disclosure of Account Information to Third Parties

                     P.        Service Fees and Additional Charges

                     Q.        Failed or Returned Transactions

                     R.        Alterations and Amendments

                     S.        Address or Banking Changes

                      T.        Service Termination, Cancellation or Suspension

                     U.        Biller Limitation

                     V.        Returned Payments

                    W.        Information Authorization

                     X.        Disputes

                     Y.        Assignment

                     Z.        No Waiver

                   AA.        Captions

                   BB.        Governing Law.

   VII.        Electronic Disclosure and Consent

I. Introduction

This Nordstrom Bank Online Banking and Bill Pay Agreement ("Agreement") governs the Online Banking services provided by Nordstrom Bank as described in this Agreement. These services permit Nordstrom Bank deposit customers to perform a number of banking functions involving deposit and/or overdraft protection account(s) linked to the service through the use of a personal computer (collectively, "Online Banking Services"). As used in this Agreement the words "we," "our," and "us" mean Nordstrom Bank and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the linked account.

When you use any of the Online Banking Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

The terms in this Agreement are in addition to (a) the terms of any deposit account agreements you have with us, including your signature card, the booklet containing the terms of your account, the accompanying schedules, and any change of terms notices (together, the "Deposit Agreements"), and (b) the terms of your Overdraft Protection Account agreement.

II. Accessing Your Account

A.     Equipment Requirements. You must have a personal computer equipped with a modem and Windows 98, Windows NT, Windows 2000, Windows XP or later versions or a Mac operating system; an internet connection with an Internet Service Provider (ISP) equipped with 128-bit encryption and the ability to allow email attachments up to one (1) MB; an electronic mail message ("email") address; and, in order to print or download these disclosures, a printer connected to your personal computer or sufficient hard-drive space to save the disclosures.

To access Online Banking Services via personal financial management ("PFM") software, you must meet the above equipment and technical requirements and you must purchase at your own cost and expense a copy of Microsoft® Money (any version) or Quicken® 2002, or later version.

Note: If you access an Online Banking Service through PFM software, or another indirect service, all of the Online Banking Services described in this Agreement may not be available, including, but not limited to, E-Bill presentment. To access all of the Online Banking Services and features offered by us, sign in directly through our web site at www.nordstrombanking.com.

B.     Registration. Your registration for Online Banking depends on when you opened your Nordstrom Bank deposit account.

1.      Accounts Opened Prior to August 28, 2004. To initiate the registration process you will need to enter your primary account number as your User ID, the last four digits of your social security number as your first-time password and then click the "log in" button. During the initial registration for Online Banking (see service description below, Part II (D)), you will be prompted to change your first-time password and User ID and will be prompted to provide an email address. Once you have completed the Online Banking registration process, you will be notified via email confirming our activation of and your acceptance to Online Banking.

2.      Accounts Opened On or After August 28, 2004. To initiate the registration process for Online Banking (see service description below, Part II (D)), you will need to click the "Register" button and complete the registration questionnaire, which will include setting your User ID and password and providing us with your email address. Once you have completed the Online Banking registration process, you will be notified via email confirming our activation of and your acceptance to Online Banking.

3.      Bill Pay Registration. You may register separately for Bill Pay or you may register at the same time you enroll in Online Banking. When you register, your use of this service will be governed by Part VI below. To the extent that any terms in Part VI conflict with the other parts of this Agreement, the Part VI terms shall take precedence over the other terms of this Agreement.

C.     Password. We recommended that you change your password regularly. For security purposes, it is recommended that you memorize your chosen password and do not write it down. You are responsible for keeping your password and your linked account information confidential.

D.     Online Banking. You may use Online Banking to:

·         Make one-time or recurring transfers between your linked Nordstrom Bank checking accounts.

·         Transfer funds as a payment to your linked Nordstrom Bank Overdraft Protection Account ("OPA").

·         View current balance information for your linked Nordstrom Bank checking and/or certificate of deposit accounts or OPA.

·         View and print check images (approximately one (1) year of history will be available).

·         Review available transactions for up to one (1) year for your linked checking account, certificate of deposit, or OPA.

·         Perform self-service account maintenance such as re-ordering checks; ordering copies of paid checks; requesting copies of monthly checking statements; stopping payment on checks; changing your physical address, phone number, and email address; and changing your User ID and password.

·         Send us secure online email messages and questions regarding your Online Banking Service.

·         Account notification (set up your account to initiate email alerts for account related events).

Some of the above services may not be available for all types of accounts.

E.     Bill Pay. Upon registering for the Bill Pay service, you may:

·         Make one-time or recurring payments online from your designated checking account, to companies or individuals (Payees) you select. Please note, use of the Bill Pay service for the payment of taxes or court-ordered payments is prohibited.

·         Review, change, and cancel scheduled payments.

·         Use the E-Bill feature to:

o    Receive bills from participating Payees.

o    View Payee bill summary and bill detail information.

F.     Contact by Nordstrom Bank. No Nordstrom Bank employee, nor any company associated with the Online Banking Services offered under this Agreement, will contact you via email or phone requesting your User ID or password. If you are contacted by anyone requesting this information, please contact us immediately.

III. Using The Services

A.     Authorizations, Restrictions, Dollar Limitations. When you make an Online Banking transfer request to us or schedule a payment through the Bill Pay service (collectively, a "Transaction"), whether such Transaction is a one-time Transaction or a recurring Transaction, you authorize us to complete the Transaction according to the instructions you submit and without further requiring your written signature on any item.

1.      No Transaction may be requested from an account that requires two or more signatures. In the event you request such a Transaction, you hereby release us from liability when processing such Transaction.

2.      The completion of a Transaction is subject to the availability of sufficient funds in your designated checking account at time of final processing. You agree that you will instruct us to process a Transaction only when a sufficient balance is or will be available in your account at the time of final processing of the Transaction. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the Transaction. In either case (payment or rejection of the Transaction), we reserve the right to impose NSF, or overdraft fees and in the event we refuse to process the Transaction, no further attempt will be made by us to issue the payment or process the transfer request. We are under no obligation to notify you if we do not complete a Transaction because there are non-sufficient funds in your account or available credit under any overdraft protection plan. In all cases, you are responsible for making alternate arrangements or rescheduling the Transaction through the appropriate service. Please refer to your deposit account agreement and fee schedule for details concerning any NSF or overdraft fee we may impose.

3.      Unless otherwise specified in writing, there are no limitations to the frequency of Transactions you may authorize.

4.      We reserve the right to refuse any Transaction request.

B.     Scheduling and Processing Online Banking Transfers. You may conduct transfers of the type identified under Part II (D) of this Agreement. Transfers you submit to or from your linked checking account(s) are immediately reflected in your deposit balance online and at ATMs for that account. Transfers entered before the cut-off time of 4 p.m. Pacific Time (PT) on a business day will be processed on the same business day. Transfers entered after the cut-off time or on a non-business day are processed on the next business day. In order for transferred funds to your account to be available to pay items that are processed against your account overnight (i.e. checks, direct debits), you must submit the transfer before the cut-off time of 4 p.m. PT. To avoid possible NSF or overdraft fees, please be sure to make your transfers before the cut-off time. Please note, your OPA balance will not reflect transfers to your OPA until the next business day.

Scheduled recurring transfers between two or more of your linked Nordstrom Bank checking accounts must be for the same amount and have the same scheduled process date each month. We will process scheduled recurring transfers that fall on a weekend or a non-business day on the next business day.

C.     Scheduling and Processing Bill Pay Payments. You may conduct Bill Pay payments of the type identified under Part II (E) of this Agreement. When scheduling your Bill Pay payment, the scheduled Payment Date is the date the Payee receives the payment. If the scheduled Payment Date is a weekend or non-business day, then the Payment Date will be the prior business day. To assure sufficient time for Payees to receive and process your payment, you must allow at least four (4) business days between the current day’s date and the Payment Date. If you do not, you will not be allowed to complete the scheduled payment and will be prompted to pick a later date for the payment to occur. If you do not schedule your payment date prior to any late date or grace period conclusion date, you will be fully responsible for all late fees, finance charges, or other action taken by the Payee.

Scheduled recurring payments must be for the same amount and have the same scheduled process date each month. We will process scheduled recurring payments that fall on a weekend or a non-business day on the prior business day.

We will process your scheduled Bill Pay payments in one of three ways in our sole discretion:

·         Electronic transmission (most payments are made by electronic transmission);

·         Check; or

·         Laser Draft.

If a Payee fails to negotiate a check or laser draft within 180 days, at your direction and for no charge, we will stop payment and credit your account for the amount of the payment.

D.     Canceling Online Banking Transfers and Bill Pay Payments. You cannot cancel a Transaction once we have processed the Transaction.

1.      Online Banking. In order to cancel future Online Banking transfers, you must log into Online Banking and follow the directions provided on the Scheduled Transfer screens located within Account Transfer.

You may cancel or change a future Online Banking transfer any time prior to the cut-off time of 4 p.m. PT on the business day before the scheduled transfer day.

2.      Bill Pay. In order to cancel or edit future Bill Pay payments, you must log into Online Banking and follow the directions provided on the Bill Pay screens. The cancel/edit feature is found in the Payment History or Recurring Payments sections of Bill Pay.

You may cancel or change a Bill Pay payment four (4) business days or more before the date on which you originally scheduled the payment to occur. If a payment's status is Processed, you can no longer cancel it through Bill Pay. After you cancel a payment, the status changes to Canceled. Canceled payments remain in your payment history.

3.      Stop Payments. Alternatively, you may request to cancel a Transaction by calling us toll free at 1-866-862-1149 or writing us at Nordstrom Bank P.O. Box 13589, Scottsdale, AZ 85267 in time for us to receive your request three (3) business days or more before the Transaction is scheduled to be made. (Please note: do not count the scheduled transfer or payment date when calculating the 3-day time limit.) If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you call or write to cancel a Transaction that we have begun to process, but have not yet completed, you will be charged a stop payment fee according to the schedule found in your Nordstrom Bank Customer Agreements and Disclosure Statements.

E.     Liability for Failure to Cancel or Stop the Payment. If you attempt to cancel a Transaction in accordance with the above instructions and we do not do so, we will be liable for your losses or damages.

F.     Documentation.

1.      Periodic Statements. You will get a monthly account statement from us for each of your linked checking accounts that are not dormant. We will report your Online Banking and Bill Pay Transactions on these monthly statements. To the extent applicable, the following will appear on your statement: a description of each Transaction, including whom you paid, the date and the amount of the Transaction.

2.      Recurring Online Banking Transfers and Bill Pay Payments. If you have scheduled recurring Online Banking transfers between two or more of your linked Nordstrom Bank checking accounts, or you have scheduled recurring payments through Bill Pay, you may confirm each Transaction through Online Banking. You may also contact us toll free at 1-866-862-1149 or write to us at Nordstrom Bank, P.O. Box 13589 Scottsdale, AZ85267 to find out whether or not the Transaction occurred.

G.     E-Bills. E-Bills is a feature of the Bill Pay service that enables you to receive bills electronically from participating Payees. You must use the Bill Pay service in order to receive E-Bills.

1.      Approval of E-Bills. Participating Payees establish their own criteria for reviewing requests to receive E-Bills and have sole discretion to accept or decline your request. We do not participate in this decision. Participating Payees generally take up to five (5) business days to approve an E-Bill set-up request. However, the presentment of your first E-Bill from each participating Payee could take up to sixty (60) days, depending on your billing cycle with each Payee.

2.      Accessing E-Bills from a Third Party. In some cases we obtain the E-Bill from the web site of the Payee. To do so, we will ask you for information needed for this purpose, such as any required password. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf.

3.      Timely Delivery of E-Bills. We take no responsibility if a Payee does not provide the necessary data to forward an E-Bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other adverse consequences. Any questions regarding your bill details should be directed to your Payee.

4.      Stop E-Bills. All parties have the right to cancel the service at any time. If you request that an E-Bill be discontinued, it may take as much as sixty (60) days for the Payee to cease sending you electronic bills. It is your sole responsibility to make arrangements for alternate forms of billing delivery.

IV. Other Electronic Transfer Provisions for Consumers

A.     Unauthorized Transactions. Tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning Nordstrom Bank toll free at 1-866-862-1149 is the best way of keeping your possible losses down. You could lose all the money in your account(s), plus if applicable, your maximum overdraft line of credit.

·         If you tell us within 2 business days, you can lose no more than $50 if someone gained access to your account via Online Banking without your permission.

·         If you do NOT tell us within 2 business days after you learn of the loss or theft of your User ID and password, and we can prove we could have stopped someone from gaining access to your account via Online Banking without your permission if you had told us, you could lose as much as $500.

·         If your statement shows transfers that you did not make, 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 Transactions. If you believe your User ID and password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, telephone us toll free at 1-866-862-1149 or write us at Nordstrom Bank, PO. Box 13589, Scottsdale, AZ 85267. You may also contact us using the secure email feature available through Online Banking.

C.     Business days. For the purposes of these disclosures, our business days are Monday through Friday, excluding Saturdays, Sundays and federal holidays.

D.     Nordstrom Bank’s Liability. If we do not complete a Transaction involving your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages to the extent required by federal law. 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 Transaction; or,

·         If you have an Overdraft Protection Account and the Transaction would go over the credit limit; or,

·         If the Online Banking services or Bill Pay services were not working properly and you knew about the malfunction when you started the Transaction; or

·         If circumstances beyond our control (such as fire, flood, or power failure) prevent the Transaction, despite reasonable precautions that we have taken; or,

·         There may be other exceptions as stated in our Agreement with you.

E.     Error Resolution Notice. In Case of Errors or Questions About Your Online Banking Services, telephone us toll free at 1-866-862-1149

or write us at:

Nordstrom Bank
P.O. Box 13589
Scottsdale
AZ 85267
as soon as you can, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1.      Tell us your name and account number.

2.      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.

3.      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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days 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.

We will tell you the results within 3 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.

F.     Disclosure of Account Information. We will disclose information to third parties about your account or the transfers you make:

·         Where it is necessary for completing transfers or bill payments or to investigate or resolve a problem related to a transfer or payment; 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 written permission; or

·         As otherwise provided in our Privacy Policy.

You hereby agree to our collection, use, and sharing of information about your account(s) as provided in our Privacy Policy, which is included as Part VII of your Customer Agreements and Disclosure Statements.

V. Miscellaneous Terms

A.     Monthly Service Charges and Other Fees.

·         There is no monthly service charge for the Online Banking services described in Section II (D) or the Bill Pay service described in Section II (E)

·         Other fees have been separately disclosed to you in connection with your linked account and may apply to Transactions under this Agreement. Please consult your Deposit Agreements to see if your Transactions are subject to these fees.

B.     Termination. Your access to Online Banking and/or Bill Pay shall remain in effect until terminated by you or Nordstrom Bank. If your access to Online Banking is cancelled and you have also registered for Bill Pay, your participation in Bill Pay will be automatically cancelled. If you close your linked checking account, or if it is no longer linked to an Online Banking Service, your access to Online Banking and/or Bill Pay will end, and any unprocessed Transactions will be canceled.

·         You may cancel either Online Banking or Bill Pay at any time by notifying us of your intent to cancel in writing, through Online Banking secure mail or by calling us toll free at 1-866-862-1149. Such cancellation does not terminate your Nordstrom Bank checking accounts. If you choose to cancel Online Banking and/or Bill Pay, any unprocessed Transactions will be canceled. We recommend that you cancel any unprocessed Transactions prior to notifying us that you are discontinuing the Online Banking Service. We will cancel any scheduled payments within two (2) business days from the date we receive your request to discontinue either Online Banking or Bill Pay.

·         We may terminate your participation in Online Banking and/or Bill Pay for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so. If we terminate your participation in Online Banking and/or Bill Pay all unprocessed Transactions will be canceled.

C.     Joint or Multi-Party Accounts. When Online Banking or Bill Pay is linked to one or more joint or multi party accounts, we may act on the verbal, written, or electronic instructions of any authorized signer. Each authorized signer may separately enroll in Online Banking or Bill Pay and each authorized signer has the same right of access to any linked account.

D.     Change in Terms. We may change any term of this Agreement at any time and will send you reasonable notice in writing or give you notice by any other method permitted by law. Your continued use of any of the Online Banking Services offered under this Agreement following the effective date of any change, addition or deletion to this Agreement will show your consent to that change, addition, or deletion.

E.     External email Address and Change in email Address. With the Online Banking Services offered under this Agreement, we may send messages to your external email address. If you subscribe to the E-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address. You should use Online Banking secure mail to send instructions to Nordstrom Bank. If for any reason your external email address changes or becomes disabled, you agree to promptly notify Nordstrom Bank of your new email address. You may notify us of any changes to your external email address through the Customer Service tab within Online Banking.

F.     Reservation of Rights. We reserve the right to waive the enforcement of any of the terms of this Agreement with you with respect to any Transaction or series of Transactions, not to assess part or all of any fee or other amounts or not to exercise any other of our rights pursuant to this Agreement and, by doing so, we will not have waived our right to assess such fee or other amounts or exercise other rights pursuant to this Agreement in the future.

G.     Governing Law. This Agreement is governed by and construed in accordance with the laws of the United States. To the extent state law applies to this Agreement, this Agreement will be governed by the laws of Arizona. You agree that if a dispute arises and suit is filed against Nordstrom Bank, service of process on Nordstrom Bank may be made only at Nordstrom Bank’s main office in Scottsdale, Arizona. If any part of this Agreement becomes unenforceable, it will not make any other part of this Agreement unenforceable.

VI. Terms and Conditions of the Bill Payment Service

A.     Service Definitions

"Service" means the bill payment service offered by Nordstrom Bank, through CheckFree Services Corporation.

"Agreement" means these terms and conditions of the bill payment service.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

B.     Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

C.     The Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

D.     Payment Authorization and Payment Remittance

By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1.      If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

2.      The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

3.      You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

4.      Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

E.     Payment Methods

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

F.     Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

G.     Stop Payment Requests

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

H.     Prohibited Payments

Payments to Billers outside of the United States or its territories are prohibited through the Service.

I.      Exception Payments

Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

J.      Bill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

·         Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

·         Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

·         Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

·         Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

·         Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

·         Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

·         Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

K.     Exclusions of Warranties

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

L.      Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 866-862-1149 during customer service hours.

M.     Your Liability for Unauthorized Transfers

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

N.     Errors and Questions

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

1.      Telephone us at 866-862-1149 during customer service hours;

2.      Contact us by using the application's e-messaging feature; and/or,

3.      Write us at:

Nordstrom Bank
Suite
 150
8502 E Princess Drive
Scottsdale,
 Arizona 85255

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

4.      Tell us your name and Service account number;

5.      Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

6.      Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

O.     Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1.      Where it is necessary for completing transactions;

2.      Where it is necessary for activating additional services;

3.      In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

4.      To a consumer reporting agency for research purposes only;

5.      In order to comply with a governmental agency or court orders; or,

6.      If you give us your written permission.

P.     Service Fees and Additional Charges

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Q.     Failed or Returned Transactions

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

1.      You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;

2.      For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

3.      You will reimburse the Service for any fees imposed by your financial institution as a result of the return;

4.      You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,

5.      The Service is authorized to report the facts concerning the return to any credit reporting agency.

R.     Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

S.     Address or Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

T.      Service Termination, Cancellation or Suspension

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

1.      Telephone us at 866-862-1149 during customer service hours; and/or

2.      Write us at:

Nordstrom Bank
Suite
 150
8502 E Princess Drive
Scottsdale,
 Arizona 85255

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

U.     Biller Limitation

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

V.     Returned Payment

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

W.    Information Authorization

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. If your account was added online the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you in order to verify ownership of the Payment Account(s) and/or Billing Account. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

X.     Disputes

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

Y.     Assignment

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Z.     No Waiver

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

AA.   Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

BB.   Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

VII. Electronic Disclosure and Consent

Through your consent below, you acknowledge and agree that we may provide you with all disclosures, notices and other communications, about the Online Banking Services offered hereunder, including this Agreement and any future change in terms, in electronic form. We may provide all future notices by posting them on the Online Banking Sign In-Page for a period of at least 90 days. We will alert you of such posting by sending notice to you at the email address you have provided. If for any reason your external email address changes or becomes disabled, you agree to promptly notify Nordstrom Bank of your new email address. You may notify us of any changes to your external email address through the Customer Service tab within Online Banking. You may download or print such notices from your computer if you have the hardware and software described in this Agreement. Alternatively, we may send such notices directly to you at the email address you have provided.

At your request, we will provide you with a paper copy of any of the above documents without any fee.

You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in Online Banking and/or Bill Pay. You may obtain copies of any documents we provided electronically or withdraw your consent by calling us toll free at 1-866-862-1149.

 


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