Cross River Bank Savings Deposit Account Agreement

Legal Rights & Agreement Rules · Context

Agreement states it is effective as of September 18, 2026

The saved document is titled 'Cross River Bank Savings Deposit Account Agreement and Truth in Savings Disclosure' and states 'Effective as of Sep 18, 2026'. The date is the document's own statement of when it takes effect; no amendment history or successor version is supplied.

Supporting quotations

Effective as of Sep 18, 2026

Cross River Bank Savings Deposit Account Agreement and Truth in Savings Disclosure

Qualifications & exceptions

• The effective-date line is the only date stated in the source; it is not described as a revision date.

Not stated here

• Whether an earlier version applied before September 18, 2026 is not stated in this source.

Legal Rights & Agreement Rules · Context

Cover notice announces binding arbitration and class-action waiver

The opening paragraph warns that the agreement includes a binding arbitration provision containing a class action waiver and directs the reader to 'Section I.19'. The document's arbitration section is headed 'J.19 ARBITRATION'; Section I is 'Promotions' and contains no 19th subsection. The notice states the existence and effect of the provision; the operative arbitration terms appear in the arbitration section.

Supporting quotations

THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION I.19 BELOW FOR MORE INFORMATION.

Qualifications & exceptions

• The cited 'Section I.19' does not correspond to a heading in this saved source; the arbitration heading is J.19.

Not stated here

• Whether the mismatch is a drafting error or refers to another version is not established by the text.

Cross-references

• refers to (model-proposed): Disputes with the Bank or Indemnified Parties are resolved by final binding arbitration — The cover notice points readers to Section I.19 for the arbitration provision. The operative arbitration section appears under J.19, and p10-arbitration-scope records the binding arbitration and jury/class waiver terms. The citation mismatch is recorded separately as a reference issue.

Legal Rights & Agreement Rules · Context

Seven linked documents are incorporated by reference but not supplied

Accepting the agreement, submitting an application for an account, or using deposit account services binds the user to its terms. The agreement states that it refers to and includes other disclosures: the Truth in Savings Account Disclosure and the Electronic Fund Transfer Agreement and Disclosure (both set out below in the document), and linked documents - the Electronic Signature Consent and Disclosure, Cross River Bank's Privacy Policy, the Affirm Visa Debit Cardholder Agreement, the Affirm Terms of Service and Affirm's Privacy Policy. The text then says 'These agreements are incorporated by reference.'

Supporting quotations

By accepting this Agreement, submitting an application for an Account, or by using any of our deposit account services, you agree to the terms in this Agreement.

This Agreement also refers to and includes other disclosures, including:

Truth in Savings Account Disclosure (see below)

Electronic Fund Transfer Agreement and Disclosure

Electronic Signature Consent and Disclosure

Cross River Bank's Privacy Policy

Affirm Visa Debit Cardholder Agreement

Affirm Terms of Service

Affirm's Privacy Policy

These agreements are incorporated by reference.

Qualifications & exceptions

• Only the Truth in Savings disclosure and the EFT Agreement appear in this source; the five linked documents are not included and their terms are not analyzed here.
• Other products or services offered through the App may require separate agreements.

Not stated here

• The text of each linked document is not supplied in this source, so this card cannot describe their contents, obligations or current versions.

Legal Rights & Agreement Rules · Context

App use is subject to the Affirm Terms of Service; this Agreement controls conflicts

Use of the App for online banking is subject to the Affirm Terms of Service. The agreement states that its own terms govern if the Affirm Terms of Service and this Agreement conflict.

Supporting quotations

A.5. The App. We offer you the use of our online banking services through the App.

Your use of the App is subject to the Affirm Terms of Service. The terms of this Agreement govern in the event there is a conflict between the Affirm Terms of Service and this Agreement.

Qualifications & exceptions

• The Affirm Terms of Service are not supplied in this source.

Not stated here

• The content of the Affirm Terms of Service is unknown from this source.

Legal Rights & Agreement Rules · Permission or license

An accepted power of attorney lets an agent act, but the Bank may refuse or follow instructions without liability

A power of attorney authorizes an agent to sign for and act for the depositor, including withdrawing or spending all the money in the account. The depositor must provide a form the Bank agrees to accept, and the Bank may rely on a copy of an original. The Bank is not required to investigate the signature's authenticity or whether the agent still has authority. It may follow or refuse the agent's instructions at any time, including on suspected fraud or abuse, unless applicable law requires otherwise. It may refuse an agent's request to become a joint owner or beneficiary. The Bank states it has no liability when it follows or refuses an agent's instructions, including if the agent misuses the authority.

Supporting quotations

J.4. Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Savings Account, including withdrawing or spending all of the money in your Savings Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent's instructions at any time, including if we suspect fraud or abuse on your Savings Account, unless applicable law requires otherwise. We may also refuse an agent's request to become a joint owner or a beneficiary of a Savings Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.

Qualifications & exceptions

• The Bank must agree to accept the power-of-attorney form.
• The Bank may follow or refuse agent instructions and need not investigate authenticity or continuing authority.
• The Bank disclaims liability for following or refusing agent instructions.

Legal Rights & Agreement Rules · Company practice

Conflicting instructions or disputes may lead the Bank to restrict funds or file an interpleader

If instructions conflict or there is a dispute about the savings account, the Bank may take any action described in the Restricting Your Account; Blocking and Delaying Transactions section, or may place funds with a court in an interpleader action. The Bank need not decide whether a dispute has merit before acting. It may act without liability and without advance notice unless the law requires notice.

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Supporting quotations

J.6. Adverse Claims. If there are conflicting instructions or there is any dispute regarding your Savings Account, we may take any action described in the Restricting Your Account; Blocking and Delaying Transactions section above, or we may place funds in a court (this is called an interpleader action) for resolution. If any person notifies us of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless the law says otherwise.

Qualifications & exceptions

• The Bank need not assess the merits of the dispute before acting.
• Actions may be taken without liability or advance notice unless law requires otherwise.

Legal Rights & Agreement Rules · Context

Failure to exercise a right does not waive it

If the Bank fails to exercise a right, that failure does not waive that right or any other right, and the Bank may enforce all rights later.

Details not recorded for this card

Supporting quotations

J.8. No Waiver. If we fail to exercise any right, that doesn't mean that we waive that right or any other right, and we may still enforce all of our rights in the future.

Qualifications & exceptions

• The clause preserves future enforcement.

Legal Rights & Agreement Rules · Company practice

Bank may change terms, fees and features at any time; continued use accepts amendments

The Bank may change the agreement's terms, including fees and features of the savings account, at any time. It will notify the depositor when applicable law requires. Continued use of the savings account evidences agreement to amendments. Notices are made available on the App or delivered electronically using the most recent contact information on file.

Supporting quotations

J.9. Changes to the Agreement. We may change the terms of this Agreement, including fees and features of your Savings Account, at any time. We will notify you of any such change when required by applicable law. Your continued use of your Savings Account evidences your agreement to any amendments. Notices will be made available on the App, or delivered electronically using the most recent contact information we have on file for you.

Qualifications & exceptions

• Changes may be made at any time.
• Notice is required only when applicable law requires it.
• Continued use is treated as acceptance of amendments.

Legal Rights & Agreement Rules · Procedure

Bank complies with legal process without judging validity and may charge the depositor for compliance costs

The depositor authorizes the Bank to comply with any legal process relating to the account. Legal process means any document appearing to have the force of law that requires the Bank to hold or pay out funds, including garnishment, attachment, execution, levy or similar order. The Bank need not determine whether the process was validly issued or enforceable. If an action, administrative proceeding, garnishment, tax levy, restraining order or similar action is brought against the depositor or account, the depositor is liable for the Bank's loss, cost or expense, including attorneys' fees, from compliance. The Bank is also authorized to comply with a subpoena, court order or request for information or documents from a government entity or arbitration panel.

Supporting quotations

J.10. Research, Legal Process and Requests for Information. If we receive any legal process relating to you or your Savings Account, you authorize us to comply with it. "Legal process" means any document that appears to have the force of law that requires us to hold or pay out funds from your Savings Account, including a garnishment, attachment, execution, levy or similar order. We do not have to determine whether the legal process was validly issued or is enforceable. If any action, including administrative proceedings, garnishment, tax levies, restraining orders or another action is brought against you or your Savings Account, you will be liable to us for any loss, cost or expense (including attorneys' fees) resulting from our compliance with any legal process. If we receive any subpoena, court order or request for information or documents from a government entity or arbitration panel relating to your Savings Account, we are authorized to comply with it.

Qualifications & exceptions

• The Bank does not judge the validity or enforceability of legal process.
• The depositor bears the Bank's compliance costs, including attorneys' fees.
• Requests from government entities and arbitration panels are included.

Legal Rights & Agreement Rules · User right or choice

Depositor may dispute reported information with the agency or directly with Affirm

If the depositor believes reported information is inaccurate or incomplete, the depositor may file a dispute with the consumer reporting agency or submit a dispute directly to Affirm by writing to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. A direct dispute should include name, address and phone number; account number; the specific information disputed; an explanation of why it is inaccurate or incomplete; and supporting documentation.

Supporting quotations

If you believe that we have reported inaccurate or incomplete information about your Savings Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by writing to us at Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. Provide your name, address and phone number; your account number; the specific information you are disputing; an explanation of why it is inaccurate or incomplete; and any supporting documentation.

Qualifications & exceptions

• Two dispute routes are available: the consumer reporting agency or Affirm directly.
• The direct dispute should include the listed identifying information and supporting documents.

Legal Rights & Agreement Rules · Context

New Jersey and federal law govern the account; the agreement prevails over employee statements

The Bank is located in New Jersey, holds the account in New Jersey and enters the agreement there. Except as the Arbitration section provides otherwise, the agreement and account are subject to applicable federal law and New Jersey law without conflict-of-law principles. If a provision is unenforceable, the remaining provisions continue. Transactions are also subject to ACH Rules, other clearinghouse rules and Federal Reserve rules. Changes in law may change the account terms, and the Bank will notify as required. If the agreement conflicts with statements by an employee or third-party service provider, the agreement governs.

Supporting quotations

J.14. Rules Governing Your Savings Account. We are located in New Jersey. We hold your Savings Account in New Jersey. We enter into this Agreement with you in New Jersey. Except as otherwise provided in the Arbitration section, this Agreement and your Savings Account are subject to applicable federal laws and laws of the State of New Jersey, without regard to internal principles of conflicts of law. Except as otherwise provided in the Arbitration section, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Transactions in your Savings Account are also subject to the ACH Rules, other applicable clearinghouse and Federal Reserve rules and regulations. Changes in these laws may change the terms and conditions of your Savings Account. We will notify you of any changes as required by law. If this Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement will govern.

Qualifications & exceptions

• The Arbitration section is carved out of the governing-law clause.
• The agreement controls over employee or third-party statements.
• Changes in law may change the terms.

Legal Rights & Agreement Rules · Restriction or exception

Liability is limited for following instructions and for certain payment errors, with a statutory carve-out

The Bank, its service providers, agents, officers, directors and employees, and related affiliates (the Indemnified Parties), are not liable for anything they do when following the depositor's instructions. They also are not liable for not following instructions when they reasonably believe the instructions would expose them to loss or civil or criminal liability or conflict with customary banking practices. They are not liable for indirect, special or consequential damages regardless of the form of action, even if advised of the possibility. If the Bank fails to stop payment on an Item or pays an Item with an unauthorized or forged signature, endorsement or alteration, its liability is limited to the Item's face amount. The limitation does not apply where the governing law expressly prohibits it, and it survives termination.

Supporting quotations

J.15. Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party doesn't follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your Savings Account. This Limitation of Liability section will survive termination of your Savings Account.

Qualifications & exceptions

• The limitation yields where the governing law expressly prohibits it.
• The face-amount cap covers stop-payment failures and forged or altered Items.
• The limitation survives account termination.

Legal Rights & Agreement Rules · Restriction or exception

Depositor indemnifies the Bank except for gross negligence or willful misconduct

Except as required by applicable law, the depositor indemnifies and holds the Indemnified Parties harmless from losses arising in connection with the services, except losses from the Bank's own gross negligence or willful misconduct. The depositor also holds them harmless for actions taken or omitted in good faith in reliance on the depositor's instructions. The Indemnified Parties are not responsible for third-party actions or omissions. If the depositor gives instructions the Bank believes may expose it to liability, the Bank may refuse to follow them without liability; if it follows them, it may require protections such as a surety bond or indemnity agreement. The section survives termination.

Supporting quotations

J.16. Indemnification. Except as required by applicable law, You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by us in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This Indemnification section will survive termination of your Savings Account(s).

Qualifications & exceptions

• The indemnity excludes the Bank's own gross negligence or willful misconduct.
• The Bank may refuse risky instructions or require a surety bond or indemnity agreement.
• The section survives termination.

Legal Rights & Agreement Rules · Context

Liability limits do not negate good faith and reasonable care; invalid terms are replaced

A provision limiting the Bank's liability does not negate the Bank's duty, if any, under applicable law to act in good faith and with reasonable care. If a provision limiting liability is prohibited by law or otherwise unenforceable, the parties agree to replace it with a valid and enforceable term that comes closest to the original intention, and the agreement is enforceable as modified.

Details not recorded for this card

Supporting quotations

J.18. Severability. Any provision of this Agreement that limits the Bank's liability does not negate the Bank's duty (if any) under applicable law to act in good faith and with reasonable care. If any provision of this Agreement is determined to limit the Bank's liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement will be enforceable as so modified.

Qualifications & exceptions

• The good-faith and reasonable-care duty is preserved.
• Invalid terms are replaced rather than necessarily voiding the agreement.

Legal Rights & Agreement Rules · Restriction or exception

Disputes with the Bank or Indemnified Parties are resolved by final binding arbitration

The agreement includes a binding arbitration provision, and the section warns that arbitration replaces the right to go to court and to a jury, with a right to opt out as described below. A dispute or claim arising or that may arise between the depositor and the Bank or any other Indemnified Party, relating to the agreement, the account or services, advertising, or the relationship or transactions, if not resolved informally, is resolved exclusively by final and binding arbitration upon demand by either side rather than in court. Individual claims may still be brought in small claims court if they qualify, and issues may be brought to federal, state or local agencies. By entering the agreement, both sides waive jury trial and class action participation. A neutral arbitrator, not a judge or jury, determines the rights, and the Federal Arbitration Act governs interpretation and enforcement.

Supporting quotations

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ARBITRATION REPLACES THE RIGHT TO GO TO COURT AND THE RIGHT TO HAVE A JURY DECIDE A DISPUTE. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.

This section is referred to as the Arbitration Agreement. If you have a dispute with any Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute will be resolved through the arbitration process as set forth in this section.

You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach thereof), your Savings Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Qualifications & exceptions

• Small claims court remains available for qualifying individual claims.
• Agencies may still receive issues and, where the law allows, seek relief.
• The Federal Arbitration Act governs interpretation and enforcement.
• The opt-out right is described in the same section.

Cross-references

• referred to by (model-proposed): Cover notice announces binding arbitration and class-action waiver — The cover notice points readers to Section I.19 for the arbitration provision. The operative arbitration section appears under J.19, and p10-arbitration-scope records the binding arbitration and jury/class waiver terms. The citation mismatch is recorded separately as a reference issue.

Legal Rights & Agreement Rules · Context

Arbitration covers affiliated Indemnified Parties, which must be named in the proceeding

The arbitration agreement applies whenever a claim exists between the depositor and the Bank. If a third party, such as an Indemnified Party other than the Bank, is involved in that claim, or if a dispute arises between the depositor and such an Indemnified Party relating to the agreement or account, the claim is decided in arbitration with respect to the third party as well, and the third party must be named under the arbitration rules. The arbitrator may award relief only on behalf of or against a named party.

Details not recorded for this card

Supporting quotations

This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Savings Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.

Qualifications & exceptions

• Affiliated Indemnified Parties can be brought into the arbitration.
• A third party must be named to receive or owe relief.

Legal Rights & Agreement Rules · User right or choice

Small claims court remains available, but refusing arbitration after demand shifts compelling costs

Both sides retain the right to pursue in small claims court, or an equivalent state court, a dispute within that court's jurisdiction, so long as it stays in that court and advances only an individual claim. If either side fails to submit to binding arbitration of an arbitrable dispute after a lawful demand, the failing party bears all costs and expenses the other incurs in compelling arbitration.

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Supporting quotations

You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court's jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.

Qualifications & exceptions

• The small-claims route is limited to individual claims within the court's jurisdiction.
• The cost-shifting rule applies to a party that refuses arbitration after lawful demand.

Legal Rights & Agreement Rules · User right or choice

Arbitration can be rejected only by written opt-out within 30 days of account opening

To avoid the arbitration agreement, the depositor must send written notice within 30 days of the savings account opening. The notice must clearly state that the depositor wishes to cancel or opt out of the Arbitration Agreement section and should include name, address, savings account name and number, and signature; it must be mailed to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. This is stated as the sole and only opt-out method. Opting out does not affect the remaining terms and does not result in an adverse consequence. The Bank's business records are final and conclusive evidence of whether the opt-out was timely and proper.

Supporting quotations

If you do not want this Arbitration Agreement to apply to your Savings Account, you may opt out by sending us written notice of your decision within thirty (30) days of the opening of your Savings Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Savings Account name, Savings Account number, and your signature and must be mailed to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Savings Account. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.

Qualifications & exceptions

• The deadline is 30 days from account opening.
• Written notice mailed to the Affirm address is the sole opt-out method.
• The Bank's business records are final and conclusive on timeliness and propriety.
• Opting out has no adverse consequence and leaves the other terms in place.

Legal Rights & Agreement Rules · Restriction or exception

Claims must be individual; class, representative and consolidated proceedings are waived

The depositor agrees to bring claims against the Bank or an Indemnified Party only individually, not as a plaintiff or class member in a purported class or representative action. Unless both sides agree otherwise, the arbitrator may not consolidate or join more than one person's claims or preside over a consolidated, representative or class proceeding. Relief, including monetary, injunctive and declaratory relief, may be awarded only in favor of the individual party seeking relief and only as necessary for that party's individual claims. The depositor may pursue and the arbitrator may award public injunctive relief under applicable law to the extent required for enforceability.

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Supporting quotations

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Qualifications & exceptions

• The waiver applies unless both sides agree otherwise.
• A public injunctive relief carve-out is preserved to the extent required for enforceability.

Legal Rights & Agreement Rules · Procedure

Arbitration requires a certified-mail Notice of Dispute and a 60-day informal resolution period

The Bank and Indemnified Parties encourage informal resolution through the Affirm Help Center. If that fails, a party seeking arbitration must first send a written Notice of Dispute by certified mail to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. The Notice must describe the nature and basis of the claim and the specific relief sought. If the claim is not resolved within 60 calendar days after the Notice is received, either side may commence arbitration. Settlement offers are not disclosed to the arbitrator until the arbitrator determines the amount, if any, owed.

Supporting quotations

The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us through the Affirm Help Center at helpcenter.affirm.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.

Qualifications & exceptions

• The Notice must be sent by certified mail.
• The parties must wait 60 calendar days after receipt before commencing arbitration.
• Settlement offers stay confidential from the arbitrator until the award determination.

Legal Rights & Agreement Rules · Procedure

AAA Consumer Rules govern the arbitration, which the arbitrator controls including arbitrability

Arbitration is conducted by a neutral arbitrator under the American Arbitration Association's rules and procedures, including the AAA Consumer Arbitration Rules, as modified by the Arbitration Agreement. If the AAA Rules and the Arbitration Agreement conflict, the Arbitration Agreement controls unless the arbitrator finds that would not produce a fundamentally fair arbitration. The arbitrator must follow the agreement as a court would, and all issues, including scope, enforceability and arbitrability, are for the arbitrator. The arbitrator may award the same damages and relief on an individual basis as a court could, and decisions are enforceable in court with only limited grounds for reversal. Hearings occur at a reasonably convenient location; if the parties cannot agree, AAA decides. For claims of $10,000 or less, the depositor may choose a documents-only, telephonic or in-person hearing; above $10,000, the AAA Rules determine the hearing right. The arbitrator issues a reasoned written decision.

Supporting quotations

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (AAA) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Qualifications & exceptions

• The AAA Consumer Arbitration Rules apply as modified.
• The arbitrator decides arbitrability as well as the merits.
• The $10,000 threshold controls the depositor's choice of hearing format.
• Court review of the award is limited.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration proceedings, rulings and awards are strictly confidential

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, are strictly confidential for the benefit of all parties.

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Supporting quotations

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Qualifications & exceptions

• The confidentiality obligation covers the proceeding and the award.

Legal Rights & Agreement Rules · Context

Invalid class-waiver terms void the entire arbitration agreement, except for public injunctive relief

If a court or the arbitrator finds any term of the Arbitration Agreement other than the class and representative action prohibition invalid or unenforceable, the parties replace it with a valid term closest to the original intention, and the Arbitration Agreement remains enforceable as modified. If a provision of the class and representative action prohibition is invalid or unenforceable, the entirety of the Arbitration Agreement is null and void, unless the provision is invalid or unenforceable solely for claims seeking public injunctive relief; in that case the remainder continues to apply.

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Supporting quotations

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Arbitration Agreement will continue to apply.

Qualifications & exceptions

• Invalidity of the class-action prohibition voids the whole arbitration agreement.
• The public-injunctive-relief exception preserves the remainder.
• Other invalid terms are replaced rather than voiding the agreement.

Legal Rights & Agreement Rules · User right or choice

Future arbitration changes can be rejected within 30 days; rejection freezes the prior language

If the Bank changes the Arbitration Agreement in the future while the depositor is a user of the services, other than a change to the Notice Address, the depositor may reject the change by sending written notice within 30 calendar days of the change to the Notice Address. By rejecting a future change, the depositor agrees to arbitrate covered disputes under the Arbitration Agreement language as of the date the agreement was first accepted, or of any later accepted changes.

Supporting quotations

Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending the Bank written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the language of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

Qualifications & exceptions

• The rejection window is 30 calendar days after the change.
• A change to the Notice Address is excluded from the rejection right.
• Rejecting a change freezes the prior arbitration language.

Legal Rights & Agreement Rules · Company practice

Bank may change any EFT provision as permitted by law, with notice only when required

The Bank may change any provision of the Electronic Fund Transfer Agreement in its discretion, as permitted by law. If it does, it gives notice if and to the extent applicable law requires.

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Supporting quotations

Amendments. We may change any provision of this Electronic Fund Transfer Agreement in our discretion, as permitted by law. If we do, we will give you notice if and to the extent required by applicable law.

Qualifications & exceptions

• Changes are bounded by applicable law.
• Notice is promised only if and to the extent the law requires it.