Enrollment

 

IBC Bank Online Terms and Conditions

IBC Bank Online Terms and Conditions
Version 4.0

- To begin the enrollment process you must first agree to the Terms And Conditions stated here.
- Please read these terms and conditions carefully. Clicking on the "Accept" button below indicates you have read and agree to this IBC Bank Online Services Agreement and have read the Notice(s) and Disclosure(s) contained in this Website.

1.   NOTICE 2.   INTRODUCTION AND DEFINITIONS
3.   COMPUTER EQUIPMENT AND SOFTWARE 4.   CONFIDENTIALITY AND SECURITY
5.   ACCOUNT ACCESS 6.   BUSINESS ACCOUNTS
7.   SERVICES AVAILABLE THROUGH IBC BANK ONLINE 8.   SERVICES AVAILABLE THROUGH IBC MOBILE
9.    E-SIGN DISCLOSURES AND CONSENT; IBC BANK ONLINE ESTATEMENTS 10.   SERVICES AVAILABLE THROUGH IBC BANK ONLINE BILL PAY
11.   FEES AND CHARGES, CHANGE IN TERMS NOTICE 12.   OUR RESPONSIBILITY
13.   DISCLOSURES TO THIRD PARTIES 14.   REPORTING UNAUTHORIZED TRANSACTIONS, LOSS OF PIN
15.   ERRORS OR QUESTIONS ABOUT IBC BANK ONLINE 16.   RIGHTS TO TERMINATE THIS AGREEMENT
17.   ADDRESS CHANGES 18.   ASSIGNMENT
19.   DATA RECORDING 20.   PROGRAM CHANGES/INTERRUPTIONS
21.   SEVERABILITY/WAIVER 22.   LIABILITY FOR LOSS OR ERRONEOUS DATA
23.   HARM TO COMPUTER SYSTEMS/DATA 24.   DIGITAL SIGNATURE
25.   TITLES AND SUBTITLES, FORM OF PRONOUNS 26.   NO DUTY TO MONITOR PAYMENTS
27.   STOP OR CHANGE INSTRUCTIONS 28.   ACCOUNTS ACCESSIBLE BY MORE THAN ONE PERSON
29.   LINKED ELIGIBLE ACCOUNTS 30.   GOVERNING LAW
31.   BINDING ARBITRATION AGREEMENT 32.   ENTIRE AGREEMENT
33.   IBC IS A MEMBER OF THE FDIC 34.   EQUAL HOUSING LENDER, MEBMER FDIC/INTERNATIONAL BANCSHARES CORPORATION
1.   NOTICE
The contents of this Website, including but not limited to text, design and images, are owned, except as otherwise expressly stated, by International Bancshares Corporation or one of its subsidiaries (hereafter referred to as "IBC" or "Bank"). No part of this Website may be copied, forwarded or distributed (for compensation or otherwise), changed, framed, or stored for future use without prior written consent of IBC.

The information and materials contained in this Website are subject to change without notice in IBC's sole discretion. IBC will notify you of amendments to these Terms And Conditions by posting them to this Website. If you do not agree with these Terms And Conditions, please do not access this Website. Information, products or services offered herein offer no solicitation to persons in jurisdictions where the provision of such information, products or services is prohibited by law. You are strictly prohibited from unauthorized use of our systems or this Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website. The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by IBC or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. 107), as amended, and then, only with notices of the owner's proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms And Conditions posted on the Website during each session. The information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User's own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website. The information on this Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.

Securities (including repurchase agreement, mutual funds and variable life insurance), annuities and insurance products are not bank deposits and are not insured by the FDIC or any other agency of the United States, nor are they obligations of, nor insured or guaranteed by, IBC or any of its subsidiaries or affiliates. Securities (including mutual funds and variable life insurance) and annuities involve investment risks, including the possible loss of value. The information and materials contained in this Website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations. Your eligibility for particular products or services is subject to final IBC determination and acceptance. Some of our other Websites or pages within this Website contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these Terms And Conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

The value of the securities or financial instruments mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Prices, opinions and estimates reflect IBC's judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.

You agree that (i) you will not engage in any activities related to this Website that are contrary to applicable law, regulation or the terms of any agreements you have with us, and (ii) in circumstances where locations of this Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein or for any other unauthorized purpose without our prior expressed written permission.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.



2.   INTRODUCTION AND DEFINITIONS
In this Agreement, the words "we", "us" or "our" mean International Bank of Commerce and/or Commerce Bank (sometime hereinafter "IBC" or "Bank") and each's successors or assigns. "IBC Bank Online" means IBC Bank Services accessed through the Internet on a computer and modem or other access device with qualified browser software. "You" or "your" or "customer" means each Authorized Signatory and each person who has an interest in an account or other relationship that is accessible through IBC Bank Online, having authorized access to use the account or relationship, including any person authorized by you to have such access. "Account" and "Accounts", including "loan account(s)" mean the account(s) tied to your USER ID(s) and Password(s) used to access to your account(s) through the Internet. Your IBC Bank Online Profile will mean the list of the accounts which may be accessed through the Internet. Each Authorized Signatory on an account is jointly and severally liable for all transactions initiated through IBC Bank Online, including overdrafts, even if such Authorized Signatory did not participate in and/or authorize the activity that resulted in the transaction.

This Agreement governs in conjunction with other agreements between Bank and you, including but not limited to your Depositor's Agreement (signature card), Deposit Account Agreement booklet, Account Services And Fees Schedule, Truth In Savings Disclosure, Electronic Funds And Automated Teller Card Agreement and Disclosures, and any loan agreement(s) and other Disclosures as applicable. If the terms and conditions of this Agreement, including any subsequent disclosure or agreement, conflict with the terms and conditions contained in any other disclosure or agreement between Bank and you, the terms and conditions of this Agreement regarding Online Banking issues shall be controlling to the extent of the conflict.

IBC Bank Online Services (hereinafter sometimes referred to as "Services" or "Bank Online Services") include viewing account balance and transaction information, transferring funds among designated accounts, paying bills from designated accounts, viewing check images from designated accounts, viewing bank statements of designated accounts, ordering checks online, requesting stop payments, requesting changes of address, and sending electronic mail to Bank and receiving electronic mail from Bank through secure messaging. The Electronic Funds Transfer Act ("EFT Act") governs some of the transactions permitted under this Agreement and some terms and conditions included in the Agreement are required by the EFT Act. The EFT Act is only applicable to consumers. Commercial account holders are not entitled to the rights provided under the EFT Act. You are solely responsible for compliance, and shall at all times comply, with the laws and regulations governing the initiation of preauthorized electronic debits, including but not limited to the EFT Act and Federal Reserve Regulation E, in particular 12 CFR sections 205.10 (b) and (d) currently in effect and as may be amended from time to time. You understand that by using IBC Bank Online, or allowing another or others to use IBC Bank Online on your behalf, you have agreed to the terms and conditions of this Agreement and agree to use IBC Bank Online only as provided in this Agreement.



3.   COMPUTER EQUIPMENT AND SOFTWARE
IBC Bank Online requires a computer and modem or other access device ("Computer") connected through an Internet Service Provider ("ISP") with a qualified Web browser supporting 128-bit SSL encryption (Microsoft Internet Explorer 6.0 or higher for Windows, Netscape Navigator 6.0 or higher for Windows,). Installation, maintenance and operation of your computer and software used for IBC Bank Online are solely your responsibility. Bank shall not be responsible for any virus that affects your computer or software while using IBC Bank Online. You agree that Bank will not be liable for any direct, indirect, incidental or consequential costs, expenses or damages, including lost savings, interest, attorney's fees, profits, data or business interruption. You also agree to be responsible for any and all charges incurred when connecting to your ISP including but not limited to subscriptions, telephone line and long distance charges.



4.   CONFIDENTIALITY AND SECURITY
To provide the highest level of confidentiality and security, we require use of browsers that provide encryption using 128-bit key. The higher the level of encryption, the harder it is for unauthorized persons to read information. Commercial off-the-shelf browsers typically offer only 40-bit encryption. Major browser suppliers (Netscape Navigator, Microsoft Explorer, etc.) support 128-bit encryption versions that are available for download from their respective Websites without charge. The encryption level may be called cipher strength or refer to cryptography.

You understand that security procedures implemented by Bank are for the purpose of verifying the authenticity of the instructions transmitted to Bank by you ("Instructions"), and not for the purpose of detecting errors in such Instructions and Bank shall not be liable for any failure to detect errors in any Instruction. Such security procedures include (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized Instructions. You agree to be bound by any Instruction issued by you and received and verified by Bank in accordance with such security procedure, and you shall indemnify and hold Bank harmless against any loss suffered or liability incurred by, or arising from, the execution of Instructions in good faith and in compliance with security procedures.



5.   ACCOUNT ACCESS
To subscribe to IBC Bank Online you must maintain at least one account with Bank which may be any one of the following types of accounts: Checking, NOW, Money Market, or Savings Account, a CD, or a Personal or Commercial Loan. Federal law limits your ability to transfer funds from certain accounts as well as the number of times you may debit certain types of accounts. If you do not have a deposit account with Bank, please see Bank for instructions on how to become an IBC Bank Deposit Account customer.

Authorization to enroll requires either an IBC Account Number and IBC Voice PIN or an IBC Check Card Number and PIN. Enrollment authorization based on your IBC Voice PIN and qualified account(s) will allow you access to:
  • view account balances,
  • view transaction information,
  • view check images,
  • view statements,
  • transfer balances between your designated qualified accounts,
  • reorder checks online,
  • request a stop payment,
  • request a change of address, and
  • have access to secure messaging.
Enrollment authorization based on your IBC Check Card Number and PIN will provide access to IBC Bank Online FREE Bill Pay , in addition to the services available with the IBC Voice PIN. Following successful enrollment (through your IBC Check Card Number and PIN or your IBC Account and IBC Voice PIN), Bank will identify and allow you online access to any other qualifying account(s) "tied" to the authorized enrollment confirmation. The tied accounts and loans make up your IBC Bank Online Profile. You will be provided the opportunity to disable displaying any specific account(s) listed in your IBC Bank Online. You will also be provided the opportunity to add any accounts not included in your IBC Bank Online Profile. This requires the IBC Account Number and related IBC Voice PIN. Qualified accounts may be added to your list at any time. Information access to added accounts will be available immediately. However, added accounts may not immediately receive funds, transfer funds, or have Bill Pay access. Such access must be requested in writing.

Upon successful authentication to IBC Bank Online, you will have already selected a USER ID and PASSWORD that will allow you to access your account information. Use of the USER ID and PASSWORD will indicate to Bank your acceptance of this Agreement. You agree to protect your USER ID and PASSWORD from unauthorized use by not divulging the USER ID or PASSWORD to anyone or in any way allowing the USER ID or PASSWORD to be obtained by someone. All electronic communications received from you after having accessed IBC Bank Online using your USER ID and PASSWORD will be deemed to be valid and authentic and you will be deemed to intend and agree that these electronic communications will be given the same legal effect as your written and signed paper communications. You agree that electronic copies of communications are valid. Based upon certain activity, you may not be able to retrieve your Password. If you are unable to retrieve your PASSWORD and you have recurring bill payments set up, you must contact Online Banking Support to have the bill payments cancelled. If you are unable to retrieve your Password, you may be required to re-enroll and any information stored in your IBC Bank Online Profile (such as Bill Pay information, messages, etc.) may be lost.

We reserve the right, under certain circumstances, to deny access to any one or more or all deposit and/or loan accounts or to Services, or to deny the processing of transactions, in order to maintain or restore security to our Website and systems. We may also do so if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). You may use email as a means of communications to ask questions about your account(s) or maintenance and/or problem resolution issues, or to give comments regarding your satisfaction with IBC Bank Online. However, e-mail is not a secure method of communicating over the Internet and we recommend you do not send confidential information by e-mail. We recommend all such communication be sent via secure messaging, available through Other Services. We also do not recommend using e-mail to communicate matters requiring immediate attention as delivery of such correspondence may be lost or delayed. You should communicate matters requiring Bank's immediate attention in person or by telephone.

You cannot use e-mail to initiate transactions on your account(s). For banking transactions, you must use the appropriate Bank Online Services or call a bank location convenient to you. Confirmation of any transfer can be obtained from your statement, through IBC Bank Online, through IBC Voice or at an IBC Bank. If you discover any discrepancies, you must notify Bank immediately.



6.   BUSINESS ACCOUNTS
To uniquely identify each person who initiates a request for banking services, you should establish a separate User ID for each person who you determine needs access to your accounts in the manner provided in this agreement. Your authorization (whether expressed or implied) for any individual to establish an User ID shall constitute your authorization for Bank to provide account information to such individual and to transfer funds and affect other banking transactions upon that person's request. Such authorization supersedes any resolution, signature card or other document filed with Bank that purports to limit authority over any of your accounts, whether currently on file or submitted or modified in the future, unless the User ID authorization is expressly revoked or modified as provided below.

If you do not have an IBC Check Card or IBC Voice PIN to access your account(s), contact a Customer Service Representative to determine if IBC Bank Online will meet your online requirements. Access requirements will be provided to allow you to enroll online.

You may obtain as many USER IDs as you wish. Permissions for each USER ID is equal, however, access to specific accounts can be limited at your discretion. If you provide access to your accounts to any individual, employee or associate who terminates employment or association with you, it is your responsibility to advise Bank in writing to no longer accept instructions from that USER ID. IBC will not be responsible for any unauthorized transactions if you do not provide proper written notice to any Customer Service Representative.

You agree: (i) to keep all User IDs, passwords, and verbal verification codes secure and strictly confidential, providing them only to trusted employees, authorized to access your account(s); (ii) to instruct each holder of an User ID that he or she is not to disclose the USER ID, password or verbal verification code to any unauthorized person; and (iii) to immediately notify Bank and request Bank to cancel the USER ID if you believe any of your USER IDs or related security codes may have become known to an unauthorized person.



7.   SERVICES AVAILABLE THROUGH IBC BANK ONLINE
IBC Bank Online is available to you seven days a week, 24 hours a day (except for a daily update and maintenance period which typically takes place between 2 a.m. Central Time and 4 a.m. Central Time). This service is available to conduct the following:

(a) Obtain account balances, (b) transfer funds between designated accounts, (c) obtain transaction information on your accounts, (d) obtain check images, (e) obtain account statements online, (f) order new checks online, (g) request stop payments, and (h) send and receive secure messages between Bank and you. Services are limited to the extent and subject to the terms as noted below:

Federal law limits your ability to transfer funds from certain accounts as well as the number of times you may debit certain types of accounts. You should refer to the Deposit Account Agreement for these legal limits and the service charges and penalties related to overstepping these restrictions and limitations. Transfers made using these services are included in calculating the number of transfers from affected accounts. There is a maximum dollar limit on any transfer, which is the available balance, and/or credit line or overdraft courtesy availability.

Except as provided in this Agreement, all funds transfer instructions received before 9 p.m. Central Time on a business day will be posted to your account the same day. Funds transfer instructions received after 9 p.m. Central Time on a business day or at any time on a Saturday, Sunday or banking holiday will be considered as having been received the next business day. Bank business days are Monday through Friday, except for Saturday, Sunday and Federal holidays.

By agreeing to these Online Terms and Conditions, and by using the IBC Online Services, you also provide your express consent to receive Bank marketing messages or advertisements for products or services or other messages we may send to any mobile phone or other mobile device number that we have on file for you. You also understand and agree that you are solely responsible for all costs assessed by your mobile phone or mobile device service provider for text messages or other data sent to your mobile phone or mobile device in accordance with this Agreement. You may contact IBC to decline (i.e. "opt out") receiving Bank messages sent to your mobile phone or other mobile device by: (i) texting STOP as a reply to any message we send to your mobile phone or other mobile device; (ii) sending your request via secured message through IBC Bank Online; or (iii) sending your request in writing to Dennis Nixon, President, International Bancshares Corporation, 1200 San Bernardo Avenue, Laredo, Texas 78042-6616. All requests to opt out of this service must include the name on the account(s), account number(s) and your mobile phone number. Include no other correspondence with this request.



8.   SERVICES AVAILABLE THROUGH IBC MOBILE
IBC Mobile is available to you seven days a week, 24 hours a day (except for a daily update and maintenance period which typically takes place between 2 a.m. Central Time and 4 a.m. Central Time). This service is available to conduct the following:

(a) Obtain account balances, (b) transfer funds between designated accounts, (c) obtain transaction information on your accounts, and (d) pay bills (on applicable devices). Services are limited to the extent and subject to the terms as noted below:

Federal law limits your ability to transfer funds from certain accounts as well as the number of times you may debit certain types of accounts. You should refer to the Deposit Account Agreement for these legal limits and the service charges and penalties related to overstepping these restrictions and limitations. Transfers made using these services are included in calculating the number of transfers from affected accounts. There is a maximum dollar limit on any transfer, which is the available balance, and/or credit line or overdraft courtesy availability.

Except as provided in this Agreement, all funds transfer instructions received before 9 p.m. Central Time on a business day will be posted to your account the same day. Funds transfer instructions received after 9 p.m. Central Time on a business day or at any time on a Saturday, Sunday or banking holiday will be considered as having been received the next business day. Bank business days are Monday through Friday, except for Saturday, Sunday and Federal holidays.

By agreeing to these Online Terms and Conditions, and by using the IBC Mobile Services, you also provide your express consent to receive account activity alerts, Bank marketing messages or advertisements for products or services or other messages we may send to your mobile phone or other mobile device as part of IBC Mobile Services. You also understand and agree that you are solely responsible for all costs assessed by your mobile phone or mobile device service provider for text messages, alerts or other data sent to your mobile phone or mobile device in accordance with this Agreement, and for any messages sent from your mobile phone or mobile devise to Bank. You may contact IBC to decline (i.e. "opt out") receiving Bank messages sent to your mobile phone or other mobile device by: (i) texting STOP as a reply to any message we send to your mobile phone or other mobile device; (ii) sending your request via secured message through IBC Bank Online; or (iii) sending your request in writing to Dennis Nixon, President, International Bancshares Corporation, 1200 San Bernardo Avenue, Laredo, Texas 78042-6616. All requests to opt out of this service must include the name on the account(s), account number(s) and your mobile phone number. Include no other correspondence with this request.



9.   E-SIGN DISCLOSURES AND CONSENT; IBC BANK ONLINE ESTATEMENTS
By enrolling for IBC Bank Online, you consent to stop mail delivery of your paper account statement and receive estatements and other electronic disclosures regarding your account. Estatements and electronic disclosures are required by IBC to have access to IBC Bank Online, and if you ever decide to withdraw your consent to estatements and electronic disclosures, then IBC will automatically terminate your IBC Bank Online Services. International Bank of Commerce/Commerce Bank ("IBC Bank") will send an email reminder to the email address that you have provided when your statement becomes available to view online. You can change the email address for the statement reminder at any time by selecting Update Profile on the e-Statement page within IBC Bank Online. Each account statement, together with any legal notice about your account, and copies of the related items (if you receive them now) will remain available online at least 18 months. You may also print the statements or download them to your own system. There is no charge for this service. If you receive a combined statement for your accounts, once you select to view any of these account statements online, all other referenced, related or linked accounts will be available only online.

To view account statements and other electronic disclosures online, you only need the same hardware and software that you use for IBC Bank Online as stated in Section 3 above. Your statements and other electronic disclosures will be provided in two formats: as an Adobe Portable Document Format (PDF) file and as a Portable Network Graphic (PNG) file. To access and retain a PDF file, you need the free Adobe Acrobat Reader (version 8 or higher).

You consent to the electronic delivery of your periodic account statements, all related terms, and all notices (including any modifications in the terms of the Deposit Account Agreement and Schedule of Fees and Services) which are included with the paper statements, or otherwise normally mailed to you. You agree that posting the notices and/or modifications online, has the same effect as mailing them to you. Your paper account statement may be delivered for one statement cycle after today's date, and then you will no longer receive a paper copy delivered by mail. Images of any checks and other items you currently receive will be included as part of your online account statement. You may also request a paper copy of any statement by contacting Online Banking Customer Service. Charges may apply for paper copies. Please reference the applicable Deposit Account Agreement and Schedule Of Fees And Services. Upon our request, you agree to sign a non-electronic version of this Agreement. You have the right to withdraw consent by:(i) contacting IBC in writing to IBC Bank Online Services, P.O. Box 659507 San Antonio, TX 78265-9507; (ii) sending your request via secured message through IBC Bank Online; or (iii) by speaking to an online banking customer service representative by calling your local IBC Voice number and choosing Option 7.



10.   SERVICES AVAILABLE THROUGH IBC BANK ONLINE BILL PAY
The Bill Payment Service of IBC Bank Online allows you to make payments from a designated checking account (money market accounts are limited, by law, to a maximum of 3 payments per statement cycle). You may make payments to any person in any state but payments are not allowed to entities or individuals with addresses or to accounts outside the United States. You may make payments of no less than $1.00 and not more than $50,000.00 per day. We reserve the right to refuse to honor any request you make for any payment and/or to limit the frequency and/or amount of any request for payment. We will notify you if your instruction will not be completed. However, you will not receive notification if you attempt to make payments that are prohibited under this Agreement. Each payment you request labeled Paper will be processed 5 business days before the Due Date from the account that you designate as your bill payment account for that payment. Payment amount will not be charged to your account until the Payee receives and deposits the payment and the payment subsequently clears your account. Each payment you request labeled Electronic will be processed and charged to the account that you designate as your bill payment account for that payment on the Send On date 2 business days prior to the Due Date. We reserve the right to restrict types of payees to whom payments may be made using the Bill Payment Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, make tax payments, or court-ordered payments. Payments to such payees will be your sole responsibility if not processed, delayed or improperly processed or credited.

Debits initiated through IBC Bank Online's Bill Payment Service that are drawn against insufficient or unavailable funds in your account, that may or may not be overdraft courtesy, shall be subject to fees and interest as set forth in Bank's current Account Services And Fee Schedule. Bank reserves the right to not pay any debit or other item that is drawn against insufficient or unavailable funds. A Status section on the Payment History screen in IBC Bank Online will include payments requested but not made. Payments not made will be identified including the reason for the non-payments. It is your obligation to review payments made for accuracy and the Payment History screen for payments not made to make corrections or rectify status alerts.

For payments to be received by the payee on or before the due date, payment authorizations must be received at Bank no less than five (5) business days before the due date ((2) business days prior to the due date for electronic payments). Any Bill Payment authorization received at Bank after 5 p.m. Central Time each business day will be considered authorized by you on the following business day. If you fail to provide proper instruction or authorization in a timely manner as described herein, resulting in the payment being subject to additional fees, Bank will not be responsible for the additional fees or any other additional fees or any other consequence or penalty as a result of the tardy receipt of the payment. Neither is Bank responsible if, in spite of the payments being made in a timely manner, the payee does not immediately act on receipt of the payment or there is a delay by the postal service or any method of delivery used for any reason.

Notwithstanding your Demand Deposit Agreement booklet and Depositor's Agreement (signature card) with Bank, you agree that all paper drafts issued on your authorized instructions will be the same as if actually signed by you. When entering your payments instructions, it is your responsibility to correctly enter the payee information including name, address, and account number to be credited (if any). Additionally, it is your responsibility that the correct amount is entered to cover that particular payment. Bank will not be responsible for any errors you make in providing payee or payment information that may result in delayed, non-receipt or insufficient payments due to payee.

If you have set up recurring bill payments (pre-authorized debits), you may alter or change the payment instructions during the period of time when the payment is designated as pending. In the event Customer chooses to alter or change payment instructions, such alteration or change will only be effective if initiated by Customer through the use of IBC Bank Online's Bill Payment Service and such notification is received during the period the payment is designated as pending.



11.   FEES AND CHARGES, CHANGE IN TERMS NOTICE
Bank may make applicable charges for enrollment to IBC Bank Online account access and Bill Payment Services. Additionally, you may be charged any applicable Monthly Fees and/or Usage Fees whether or not you use any of the available IBC Bank Online Services in any one month. Please refer to Bank's Account Services And Fee Schedule, and any supplementation or amendment thereof, for applicable enrollment, monthly and user fees. Your accounts remain subject to fees, interest charges and charges for services and penalties as listed in your deposit and/or loan account agreements, including balance requirements and other restrictions explained in your deposit and/or loan account agreements.

Fees for IBC Bank Online Services are subject to change. When changes are made to any fees, charges, or other material terms, we will update this Agreement, and either send a notice to you at the address shown on our records, or send you a secure message. The notice will be posted and/or sent to you at least thirty (30) days before the effective date of any additional fees for IBC Bank Online, or regarding any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such an immediate change is made, and it cannot be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.

You may choose to accept or decline changes by continuing or discontinuing to use the Services to which the changes relate. Your use of the Services after we send you a notice of change will constitute your agreement to such changes. We also reserve the option to, in our sole business judgment, waive, reduce or reverse charges or fees related to such changes in individual situations.

You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges, interest charges, and fees from your designated Fee Payment Account. If you close a designated Fee or Payment Account, you must notify us and identify a new Fee or Payment Account. If you notify us when you close a Fee or Payment Account or you do not identify a new Fee or Payment account, Bank will deduct fees from any other of your accounts. If you do not notify us when you close a Bill Payment Account or you do not identify a new Bill Payment Account, Bank will not be responsible or obligated for scheduled payments not made. Additionally, if you close all your accounts with us, you agree to notify us to cancel your IBC Bank Online association.



12.   OUR RESPONSIBILITY
IBC, or any third party acting as Bank's agent, is responsible only for performing services expressly provided for in this Agreement. If Bank does not properly complete a transfer to or from your account on time or in the correct amount according to your proper and timely Instructions, we will be liable for the amount of any actual losses or damages incurred by you resulting directly from such failure. However, neither the Service Provider nor IBC will be liable:
  1. If, through no fault of Bank, you do not have adequate money in the account to complete the transaction as instructed, or if account has been closed or has become dormant,
  2. If you close a payment account and do not identify a new payment account,
  3. If you have not properly followed software or procedural instructions on how to make a transfer,
  4. If you have not given complete, correct and current instructions so that a transfer can be made,
  5. If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due,
  6. If the transfer or payment would go over the credit limit on your credit line and/or exceed any availability of your overdraft courtesy,
  7. If a timely bill payment is made but the payee nevertheless does not receive the payment or does not credit your payment promptly after receipt,
  8. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy,
  9. If withdrawals from your account have been prohibited by a court order, such as a garnishment, levy or other legal process which prevents Bank from making a transfer,
  10. If Bank or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed,
  11. If Bank's or Bank's agents' equipment and/or software were not working properly or were temporarily unavailable when you attempted to authorize a transfer or bill payment and this situation should have been apparent to you when you attempted the payment or transfer, or
  12. If circumstances beyond Bank or Bank's agent's control prevent making the transfer or payment, despite reasonable precautions that have been taken. Such circumstances include but are not limited to computer failure, telecommunication outages, delays caused by payees, strikes or delays and other labor or civil unrest, fires, floods, and other natural or man - made disasters.
You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by Services, such as IBC Voice or payment by check. In the event you should experience problems in accessing Services, you will attempt to access such information and conduct such transactions by such alternative methods.

There may be other exceptions to our liability as provided in your Deposit Account Agreement and/or Account Disclosures or loan agreements.

You agree that, except as expressly stated herein, there is no warranty of merchantability, no warranty of fitness for a particular use, and no other warranty of any kind, express or implied, regarding the information or any aspect of the Services.

In no event will Bank be liable for damages in excess of your actual loss due to our failure to complete a transfer and Bank will not be liable for any incidental or consequential damages.



13.   DISCLOSURES TO THIRD PARTIES
You authorize us to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that our affiliates or we have obtained about your accounts (i.e. information about transactions between you and us or our affiliates, transactions between you and unaffiliated third parties, such as bill payment service providers, and information received from reporting agencies) to:
  1. Comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information.
  2. Verify the existence and condition of your account for a third party, such as a credit bureau, debit bureau or merchant.
  3. Complete customer initiated transfers and bill payments.
  4. Provide services relating to your account or to offer other products and services.
  5. Provide information about your linked deposit accounts, transactions, and your electronic mail messages when a third party providing bill payments services requires it in order to carry out your instructions.
  6. Comply with your request.
  7. Complete marketing or similar efforts as long as you have been informed of this possibility through prior communication and given the opportunity to decline (i.e. "opt out").
To determine which products would be most useful to you and to better respond to your inquiries, we share customer information with companies within the IBC family, such as IBC Insurance Agency. This information may include details about your transactions and our experiences with you, as well as other information we may have about you that we obtained from you or others (such as credit and/or debit bureaus). If you do not wish us to share information about you among the IBC affiliated companies, other than information about your transactions and our experiences with you, you may request to opt out of affiliate information sharing. See Internet Privacy Disclosure. This request must be sent in writing. Send the request to Dennis Nixon, President, International Bancshares Corporation, 1200 San Bernardo Avenue, Laredo, Texas 78042-6616. Include no other correspondence with this request.

We may share customer information with non-affiliated third parties as described above. We share information with selected third parties about you to provide you with products, services or other opportunities we believe will be of interest to you or if we believe it may help meet certain financial needs or interests. If you do not wish us to do this for you, you may request to opt out of third party information sharing. See Internet Privacy Disclosure. This request must be sent in writing. Send the request to Dennis Nixon, President, International Bancshares Corporation, 1200 San Bernardo Avenue, Laredo, Texas 78042-6616. Include no other correspondence with this request.



14.   REPORTING UNAUTHORIZED TRANSACTIONS, LOSS OF PIN
You may access your periodic statements for your accounts online. Otherwise, you may be mailed periodic statements for your account(s) with the regularity provided for in the deposit account agreements. You agree to review your statements upon receipt for accuracy. Tell us AT ONCE if you believe that an unauthorized transaction has been or may have been conducted from your account(s). Tell us AT ONCE if you believe an unauthorized transaction may be conducted from your account(s), if you believe another person has improperly obtained your USER ID and PASSWORD, if you believe someone has transferred or may transfer money from your account without authorization, or you suspect fraudulent activity on your account.

If you have any such activity to report, FAX, e-mail, or telephone your local bank or send us a Secure Message through IBC Bank Online Services.

If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the sixty (60) day period if we can prove that we could have prevented the unauthorized use had we been notified within the sixty (60) day period.

If your USER ID and PASSWORD have been lost or stolen, someone has attempted to use your IBC Bank Online information without your consent, your accounts have been accessed, you have reason to believe someone has your USER ID and PASSWORD information or someone has transferred money without your permission, you must notify us immediately.

Advising us right away will help you reduce possible losses. You could lose all the money in your designated deposit accounts. To the extent a transaction is an electronic funds transfer, you can lose no more than $50.00 if you notify us within two business days of discovering an unauthorized use of Services or your User ID. However, you can lose as much as $500.00 if you do not notify us within two business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified. You agree to assist us in our efforts to recover any funds that were transferred or paid and not authorized by you.



15.   ERRORS OR QUESTIONS ABOUT IBC BANK ONLINE
In case of questions or errors about funds transfers or other activity from a checking, saving or money market account made through IBC Bank Online Services, contact us at a Bank location convenient to you. If you think your account statement or any other receipt is wrong or if you need more information about a transaction listed on the account statement or other receipt, you must do one of the following:
  1. Tell us your name and account number (if any)
  2. Write or fax us at INTERNATIONAL BANK OF COMMERCE or COMMERCE BANK, Laredo, ATTN: Customer Service, at a location convenient to you,
  3. E-mail us at wedomore@ibc.com or send us a message via Secure Messaging. We must hear from you no later than sixty (60) days after we sent the FIRST paper or online statement on which the problem or error appeared.
To report an error you must:
  1. Tell us your name and account number (if any).
  2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need additional information.
  3. Tell us the dollar amount of the suspected error.
  4. If you tell us orally, we may require that you send us information in writing within 10 business days.
We will tell you the results of our investigation within 10 business days after we hear from you and will correct promptly any error that we confirm. If we need more time, however, we may take up to forty - five (45) days to investigate your complaint or question. If we decide we need more time, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 ten (10) business days, we may not recredit your account.

If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation and debit the amount of the error that we previously credited. You may ask for copies of documents that we used in our investigation.

If you are a new customer, for electronic fund transfers occurring during the first thirty (30) days after the first deposit is made to your account, the applicable time periods for action by us are up to twenty (20) business days (instead of ten (10)) and ninety (90) calendar days (instead of forty - five (45)).



16.   RIGHTS TO TERMINATE THIS AGREEMENT
We reserve the right to terminate this Agreement and your access to Services, in whole or in part, at any time. If you do not access your account(s) through IBC Bank Online for any three-month period, we reserve the right to disconnect you from IBC Bank Online without any notice to you. If Bank terminates your access, Bank reserves the right to cancel any payment or payments or transfer or transfers that may still be pending. It is your responsibility to effect payment(s) due if your subscription with IBC Bank Online is canceled by us due to lack of activity or any other reason.

If you wish to cancel IBC Bank Online, please provide commercially reasonable notice. Call a location convenient to you or send us cancellation instructions in writing to Customer Service at a location convenient to you. Any banking transactions or payments you have authorized prior to notice of cancellation will be completed as instructed until Bank has had a reasonable opportunity to effect the cancellation. Neither termination nor cancellation shall affect your liability or obligations under this Agreement for transactions initiated prior to termination or cancellation.



17.   ADDRESS CHANGES
Promptly notify us of any change in your address by utilizing the change of address option available through IBC Bank Online or in writing via postal service.



18.   ASSIGNMENT
You may not assign this Agreement or your right to IBC Bank Online to any other party. We may assign this Agreement to our parent corporation or to any now or future existing direct or indirect subsidiary of our parent corporation. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or third parties.



19.   DATA RECORDING
Through your active participation in IBC Bank Online Services, you consent to the recording and/or Data Capturing of the information and transfers you enter.



20.   PROGRAM CHANGES/INTERRUPTIONS
We may, from time to time, revise or update, or perform maintenance upon IBC Bank Online and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may change the scope of IBC Bank Online from time to time. We will provide prior notice of such changes but cannot guarantee that such notice will be received. We reserve the right to terminate this Agreement as to all prior versions of IBC Bank Online, and/or related material.



21.   SEVERABILITY/WAIVER
If one or more provisions of this Agreement are held to be invalid, illegal or unenforceable under applicable law, such provisions in their entirety or portions thereof, to the extent necessary, shall be severed from this Agreement, and the balance of this Agreement shall be enforceable in accordance with its terms to the extent possible. Waiver of any default under this Agreement shall not constitute waiver of any prior or subsequent default.



22.   LIABILITY FOR LOSS OR ERRONEOUS DATA
Each party will bear the liability or risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system. The Bank will not be liable to you under any circumstances if account information is unavailable, delayed, or inaccurate, unless our conduct was grossly negligent or reckless or (ii) for any problems due to causes beyond our control, including without limitation, any Act of God, accident, equipment failure, system failure, labor dispute or failure of a third party to provide any electronic or telecommunications service used in connection with any bank service. Unless otherwise required by law, in no event will we be liable for any attorney's fees or for special, indirect or consequential damages, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions. For commercial customers, the bank's liability is further limited as provided herein. To the extent allowed by applicable law, IBC and any other party involved directly or indirectly in the planning, producing, maintaining or delivering this Website are not liable for any direct, indirect, incidental, consequential, punitive, or other damages of any kind arising out of your use of this Website and any Website accessed by linking from this Website, whether caused by the equipment, software, Bank or by an agent or subcontractor of Bank. Nor shall Bank or any associated service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of any equipment, software, outline access serve, or internet browser or access software. Links to other Websites are provided as a courtesy to our users. IBC has no control over such Websites and makes no warranties as to the accuracy, completeness, reliability or suitability of their content. Other Websites accessed through this Website are independent of, and the responsibility of persons and entities other than, Bank, its employees and/or its agents and Bank does not endorse any opinions, ideas, products, information, or content of such Websites.



23.   HARM TO COMPUTER SYSTEMS/DATA
You agree that we are not liable for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or the materials from our Website or Website(s) linked to our site. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.



24.   DIGITAL SIGNATURE
A Digital Signature is an electronic identifier, created by a computer, intended by Depositor to have the same force and effect as the use of Depositor's manual signature and satisfies the Statute Of Frauds. A Digital Signature involves the use of both private and public key encryption (i.e., use of a combination of private and public passwords to ensure that communication is authentic). All written electronic communications (including transmission of electronic data over telephone lines or fiber optic cables or stored on a computer disk) sent to Bank in connection with a transaction is considered signed if a Digital Signature is transmitted with such communication. The use of Digital Signatures is subject to criminal laws pertaining to fraud and computer crimes.



25.   TITLES AND SUBTITLES, FORM OF PRONOUNS
The titles of the paragraphs and sections of this Agreement are for convenience only and are not to be considered in construing this Agreement. All pronouns used in this Agreement shall be deemed to include masculine, feminine and neutral forms, as applicable.



26.   NO DUTY TO MONITOR PAYMENTS
We do not have any duty to monitor the payments that are made through the Bill Pay Service. If you are a business and an authorized representative of yours uses your Bill Pay Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use.



27.   STOP OR CHANGE INSTRUCTIONS
You have the right to stop or change any scheduled Bill Payment. However, you must cancel a payment by no later than 5 PM (Central Time) on the Payment Date, by using the Bill Pay Service. Payments that are in process cannot be canceled or stopped. Stop payments are not guaranteed. Payees may present payments to their bank before the stop payment has been properly processed. If Bank is successful in processing a stop payment request, please allow up to seven business days for the funds to be credited to your account.



28.   ACCOUNTS ACCESSIBLE BY MORE THAN ONE PERSON
Joint account holders may use the same account as their funding account for their individual Bill Pay Service. As such, each account holder has the same right of access to account activity such as notifying IBC Bank Online Customer Service of suspected loss or fraud or canceling the Bill Pay Service, etc. Each such owner or authorized representative may individually enroll in the Bill Pay Service. Each User is required to have a unique User ID and password. Each User will have his/her own payee list payment history.



29.   LINKED ELIGIBLE ACCOUNTS
  • the accounts of the business for which that person is an authorized representative;
  • the accounts of any other business for which that person is an authorized representative; and
  • any consumer accounts for which the person is a co-owner or authorized signer.



30.   GOVERNING LAW
This Agreement is subject to the provisions of all applicable circulars of the Federal Reserve Bank and any other provisions of Federal Law and regulations and will be governed by and interpreted in accordance with and the laws of the State of Texas, without reference to its conflict of laws provisions.



31.   BINDING ARBITRATION AGREEMENT
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

THE BANK, DEPOSITOR AND EACH AUTHORIZED SIGNATORY AGREE TO ARBITRATION AS FOLLOWS (hereinafter referred to as the Arbitration Provisions):

  1. Special Provisions and Definitions applicable to both CONSUMER DISPUTES and BUSINESS DISPUTES:

    (a) Informal Resolution of Customer Concerns. Most customer concerns can be resolved quickly and to the customers satisfaction by contacting your account officer, branch manager or by calling the Customer Service Department in your region. The region and numbers are:

    1. Laredo 956-722-7611
    2. Austin 512-397-4506
    3. Brownsville

    956-547-1000

    4. Commerce Bank 956-724-1616
    5. Corpus Christi 361-888-4000
    6. Eagle Pass 830-773-2313
    7. Houston 713-526-1211
    8. McAllen 956-686-0263
    9. Oklahoma 405-841-2100
    10. Port Lavaca

    361-552-9771

    11. San Antonio 210-518-2500
    12. Zapata 956-765-8361

    In the unlikely event that your account officer, branch manager or the customer service department is unable to resolve a complaint to your satisfaction or if the Bank has not been able to resolve a dispute it has with you after attempting to do so informally, you and the Bank agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

    (b) Sending Notice of Dispute. If either you or the Bank intend to seek arbitration, then you or the Bank must first send to the other by certified mail, return receipt requested, a written Notice of Dispute. The Notice of Dispute to the Bank should be addressed to: Dennis E. Nixon, President, at International Bancshares Corporation, P.O. Drawer 1359, Laredo, Texas 78042-1359 or if by email, ibcchairman@ibc.com. The Notice of Dispute must (a) describe the nature and basis of the claim or dispute; and (b) explain specifically what relief is sought. You may download a copy of the Notice of Dispute at www.ibc.com or you may obtain a copy from your account officer or branch manager.

    (c) If the Dispute is not Informally Resolved. If you and the Bank do not reach an agreement to resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, you or the Bank may commence a binding arbitration proceeding. During the binding arbitration proceeding, any settlement offers made by you or the Bank shall not be disclosed to the Arbitrator.

    (d) DISPUTE(S). As used herein, the word DISPUTE(S) includes any and all controversies or claims between the PARTIES of whatever type or manner, including without limitation, any and all claims arising out of or relating to this Agreement, compliance with applicable laws and/or regulations, any and all services or products provided by the Bank, any and all past, present and/or future loans, lines of credit, letters of credit, credit facilities or other form of indebtedness and/or agreements involving the PARTIES, any and all transactions between or involving the PARTIES, and/or any and all aspects of any past or present relationship of the PARTIES, whether banking or otherwise, specifically including but not limited to any claim founded in contract, tort, fraud, fraudulent inducement, misrepresentation or otherwise, whether based on statute, regulation, common law or equity.

    (e) CONSUMER DISPUTE and BUSINESS DISPUTE. As used herein, CONSUMER DISPUTE means a DISPUTE relating to an account (including a deposit account), agreement, extension of credit, loan, service or product provided by the Bank that is primarily for personal, family or household purposes. BUSINESS DISPUTE means any DISPUTE that is not a CONSUMER DISPUTE.

    (f) PARTIES or PARTY. As used in these Arbitration Provisions, the term PARTIES or PARTY means the Bank, Depositor and each Authorized Signatory, and each and all persons and entities signing this Agreement or any other agreements between or among any of the PARTIES as part of this transaction. PARTIES or PARTY shall be broadly construed and include individuals, beneficiaries, partners, limited partners, limited liability members, shareholders, subsidiaries, parent companies, affiliates, officers, directors, employees, heirs, agents and/or representatives of any party to such documents, any other person or entity claiming by or through one of the foregoing and/or any person or beneficiary who receives products or services from the Bank and shall include any other owner and holder of this Agreement. Throughout these Arbitration Provisions, the term you and your refer to Depositor and each Authorized Signatory, and the term Arbitrator refers to the individual arbitrator or panel of arbitrators, as the case may be, before which the DISPUTE is arbitrated.

    (g) BINDING ARBITRATION. The PARTIES agree that any DISPUTE between the PARTIES shall be resolved by mandatory binding arbitration pursuant to these Arbitration Provisions at the election of either PARTY. BY AGREEING TO RESOLVE A DISPUTE IN ARBITRATION, THE PARTIES ARE WAIVING THEIR RIGHT TO A JURY TRIAL OR TO LITIGATE IN COURT (except for matters that may be taken to small claims court for a CONSUMER DISPUTE as provided below).

    (h) CLASS ACTION WAIVER. The PARTIES agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

    (i) FEDERAL ARBITRATION ACT AND TEXAS LAW. The PARTIES acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern (i) the interpretation and enforcement of these Arbitration Provisions, and (ii) all arbitration proceedings that take place pursuant to these Arbitration Provisions. THE PARTIES AGREE THAT TEXAS SUBSTANTIVE LAW WILL APPLY IN ANY BINDING ARBITRATION PROCEEDING OR SMALL CLAIMS COURT ACTION REGARDLESS OF WHO INITIATES THE PROCEEDING, WHERE YOU RESIDE OR WHERE THE DISPUTE AROSE, UNLESS EXPRESSLY PROHIBITED BY LAW.

     

    II. Provisions applicable only to a CONSUMER DISPUTE:

    (a) Any and all CONSUMER DISPUTES shall be resolved by arbitration administered by the American Arbitration Association (AAA) under the Commercial Arbitration Rules and the Supplemental Procedures for Resolution of Consumer Disputes and Consumer Due Process Protocol (which are incorporated herein for all purposes). It is intended by the PARTIES that these Arbitration Provisions meet and include all fairness standards and principles of the American Arbitration Associations Consumer Due Process Protocol and due process in predispute arbitration. If a CONSUMER DISPUTE is for a claim of actual damages above $250,000 it shall be administered by the AAA before three neutral arbitrators at the request of any PARTY.

    (b) Instead of proceeding in arbitration, any PARTY hereto may pursue its claim in your local small claims court, if the CONSUMER DISPUTE meets the small claims courts jurisdictional limits. If the small claims court option is chosen, the PARTY pursuing the claim must contact the small claims court directly. The PARTIES agree that the class action waiver provision also applies to any CONSUMER DISPUTE brought in small claims court.

    (c) For any claim for actual damages that does not exceed $2,500, the Bank will pay all arbitration fees and costs provided you submitted a Notice of Dispute with regard to the CONSUMER DISPUTE prior to initiation of arbitration. For any claim for actual damages that does not exceed $5,000, the Bank also agrees to pay your reasonable attorneys fees and reasonable expenses your attorney charges you in connection with the arbitration (even if the Arbitrator does not award those to you) plus an additional $2,500 if you obtain a favorable arbitration award for your actual damages which is greater than any written settlement offer for your actual damages made by the Bank to you prior to the selection of the Arbitrator.

    (d) Under the AAAs Supplemental Procedures for Consumer Disputes, if your claim for actual damages does not exceed $10,000, you shall only be responsible for paying up to a maximum of $125 in arbitration fees and costs. If your claim for actual damages exceeds $10,000 but does not exceed $75,000, you shall only be responsible for paying up to a maximum of $375 in arbitration fees and costs. For any claim for actual damages that does not exceed $75,000, the Bank will pay all other arbitrators fees and costs imposed by the administrator of the arbitration. With regard to a CONSUMER DISPUTE for a claim of actual damages that exceeds $75,000, or if the claim is a non-monetary claim, the Bank agrees to pay all arbitration fees and costs you would otherwise be responsible for that exceed $1,000. The fees and costs stated above are subject to any amendments to the fee and cost schedules of the AAA. The fee and cost schedule in effect at the time you submit your claim shall apply. The AAA rules also permit you to request a waiver or deferral of the administrative fees and costs of arbitration if paying them would cause you financial hardship.

    (e) Although under some laws, the Bank may have a right to an award of attorneys fees and expenses if it prevails in arbitration, the Bank agrees that it will not seek such an award in a binding arbitration proceeding with regard to a CONSUMER DISPUTE for a claim of actual damages that does not exceed $75,000.

    (f) To request information on how to submit an arbitration claim, or to request a copy of the AAA rules or fee schedule, you may contact the AAA at 1-800-778-7879 (toll free) or at www.adr.org.


    III. Provisions applicable only to a BUSINESS DISPUTE:

    (a) Any and all BUSINESS DISPUTES between the PARTIES shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA in effect at the time of filing, as modified by, and subject to, these Arbitration Provisions. A BUSINESS DISPUTE for a claim of actual damages that exceeds $250,000 shall be administered by AAA before at least three (3) neutral arbitrators at the request of any PARTY. In the event the aggregate of all affirmative claims asserted exceeds $500,000, exclusive of interest and attorneys fees, or upon the written request of any PARTY, the arbitration shall be conducted under the AAA Procedures for Large, Complex Commercial Disputes. If the payment of arbitration fees and costs will cause you extreme financial hardship you may request that AAA defer or reduce the administrative fees or request the Bank to cover some of the arbitration fees and costs that would be your responsibility.

    (b) The PARTIES shall have the right to (i) invoke self-help remedies (such as setoff, notification of account debtors, seizure and/or foreclosure of collateral, and non-judicial sale of personal property and real property collateral) before, during or after any arbitration, and/or (ii) request ancillary or provisional judicial remedies (such as garnishment, attachment, specific performance, receiver, injunction or restraining order, and sequestration) before or after the commencement of any arbitration proceeding (individually, and not on behalf of a class). The PARTIES need not await the outcome of the arbitration proceeding before using self-help remedies. Use of self-help or ancillary and/or provisional judicial remedies shall not operate as a waiver of either PARTYs right to compel arbitration. Any ancillary or provisional judicial remedy which would be available from a court at law shall be available from the Arbitrator.

    (c) Except to the extent the recovery of any type or types of damages or penalties may not by waived under applicable law, the Arbitrator shall not have the authority to award either PARTY (i) punitive, exemplary, special or indirect damages, (ii) statutory multiple damages, or (iii) penalties, statutory or otherwise.

    (d) The Arbitrator may award attorneys fees and costs including the fees, costs and expenses of arbitration and of the Arbitrator as the Arbitrator deems appropriate to the prevailing PARTY. The Arbitrator shall retain jurisdiction over questions of attorneys fees for fourteen (14) days after entry of the decision.

     

    IV. General provisions applicable to both CONSUMER DISPUTES and BUSINESS DISPUTES:

    (a) The Arbitrator is bound by the terms of these Arbitration Provisions. The Arbitrator shall have exclusive authority to resolve any DISPUTES relating to the scope or enforceability of these Arbitration Provisions, including (i) all arbitrability questions, and (ii) any claim that all or a part of these Arbitration Provisions are void or voidable (including any claims that they are unconscionable in whole or in part).

    (b) These Arbitration Provisions shall survive any termination, amendment, or expiration of this Agreement, unless all of the PARTIES otherwise expressly agree in writing.

     

    (c) If a PARTY initiates legal proceedings, the failure of the initiating PARTY to request arbitration pursuant to these Arbitration Provisions within 180 days after the filing of the lawsuit shall be deemed a waiver of the initiating PARTYS right to compel arbitration with respect to the claims asserted in the litigation. The failure of the defending PARTY in such litigation to request arbitration pursuant to these Arbitration Provisions within 180 days after the defending PARTYS receipt of service of judicial process, shall be deemed a waiver of the right of the defending PARTY to compel arbitration with respect to the claims asserted in the litigation. If a counterclaim, cross-claim or third party action is filed and properly served on a PARTY in connection with such litigation, the failure of such PARTY to request arbitration pursuant to these Arbitration Provisions within ninety (90) days after such PARTYS receipt of service of the counterclaim, cross-claim or third party claim shall be deemed a waiver of such PARTYS right to compel arbitration with respect to the claims asserted therein. The issue of waiver pursuant to these Arbitration Provisions is an arbitrable dispute. Active participation in any pending litigation described above by a PARTY shall not in any event be deemed a waiver of such PARTYS right to compel arbitration. All discovery obtained in the pending litigation may be used in any subsequent arbitration proceeding.

    (d) Any PARTY seeking to arbitrate shall serve a written notice of intent to any and all opposing PARTIES after a DISPUTE has arisen. The PARTIES agree a timely written notice of intent to arbitrate by either PARTY pursuant to these Arbitration Provisions shall stay and/or abate any and all action in a trial court, save and except a hearing on a motion to compel arbitration and/or the entry of an order compelling arbitration and staying and/or abating the litigation pending the filing of the final award of the Arbitrator.

    (e) Any Arbitrator selected shall be knowledgeable in the subject matter of the DISPUTE and be licensed to practice law.

    (f) For a one (1) member arbitration panel, the PARTIES are limited to an equal number of strikes in selecting the arbitrator from the AAA neutral list, such that at least one arbitrator remains after the PARTIES exercise all of their respective strikes. For a three (3) member arbitration panel, the PARTIES are limited to an equal number of strikes in selecting the arbitrators from the AAA neutral list, such that at least three arbitrators remain after the PARTIES exercise all of their respective strikes. After exercising all of their allotted respective strikes, the PARTIES shall rank those potential arbitrators remaining numerically in order of preference (with 1 designating the most preferred). The AAA shall review the PARTIES rankings and assign a score to each potential arbitrator by adding together the ranking given to such potential arbitrator by each PARTY. The arbitrator(s) with the lowest score total(s) will be selected. In the event of a tie or ties for lowest score total and if the selection of both or all of such potential arbitrators is not possible due to the required panel size, the AAA shall select the arbitrator(s) it believes to be best qualified.

    (g) The PARTIES and the Arbitrator shall treat all aspects of the arbitration proceedings, including, without limitation, any documents exchanged, testimony and other evidence, briefs and the award, as strictly confidential; provided, however, that a written award or order from the Arbitrator may be filed with any court having jurisdiction to confirm and/or enforce such award or order.

    (h) Any statute of limitation which would otherwise be applicable shall apply to any claim asserted in any arbitration proceeding under these Arbitration Provisions, and the commencement of any arbitration proceeding tolls such statute of limitations.

    (i) If the AAA is unable for any reason to provide arbitration services, then the PARTIES agree to select another arbitration service provider that has the ability to arbitrate the DISPUTE pursuant to and consistent with these Arbitration Provisions. If the PARTIES are unable to agree on another arbitration service provider, any PARTY may petition a court of competent jurisdiction to appoint an Arbitrator to administer the arbitration proceeding pursuant to and consistent with these Arbitration Provisions.

    (j) The award of the Arbitrator shall be final and Judgment upon any such award may be entered in any court of competent jurisdiction. The arbitration award shall be in the form of a written reasoned decision and shall be based on and consistent with applicable law.

    (k) Unless the PARTIES mutually agree to hold the binding arbitration proceeding elsewhere,venue of any arbitration proceeding under these Arbitration Provisions shall be (i) for all Texas accounts, in the Texas county where the account was opened, and (ii) for all Oklahoma accounts, in the Oklahoma county where the account was opened.

    (l) If any of these Arbitration Provisions are held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision.



32.   ENTIRE AGREEMENT
THIS AGREEMENT AND THE OTHER IBC AGREEMENTS, SCHEDULES AND DISCLOSURES REFEREED TO HEREIN ARE A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES TO THIS AGREEMENT.



33.   IBC IS A MEMBER OF THE FDIC.




34.   EQUAL HOUSING LENDER, MEMBER FDIC/INTERNATIONAL BANCSHARES CORPORATION
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